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This registration agreement sets
forth the terms and conditions of .Surname
to pre-register .surname domain names selected by you. To complete the
pre-registration process, you must read and agree to be bound by this
agreement, the terms and conditions, the dispute policy and the privacy policy. This
agreement will become effective if accepted by
.Surname. .Surname
may accept or reject your offer for any reason in
.Surname's sole discretion. Please carefully read this agreement, as well as
the other .Surname policies and terms and conditions. This agreement covers
all .Surname domain names you pre-register or register with .Surname.
- .Surname policies
You agree to be bound by and comply with the .Surname
policies (which are defined to include this agreement, the terms and
conditions,
the dispute policy, and the privacy policy, all including
.Surname's modifications and amendments there to which
.Surname may
make from time to time) with respect to the domain names. All
.Surname
policies are incorporated into this agreement by this reference and are
enforceable as if written out in full in this agreement.
- .Surname
Fees
- You will be responsible to pay for all
fees associated with domain name services provided by
.Surname. The fee for pre-registering
or registering a domain name are shown at pre-registration website. Unless otherwise
terminated earlier under this agreement, the .Surname policies or at
law, the pre-registration of the domain name will be for the time until
.Surname domain names become fully
registered with offical bodies. The pre-registration may be renewed by you
for an additional period when .Surname
domain names become fully registered with offical bodies or multiple years may be purchased in advance, each subject to
early termination under this agreement, the .Surname policies or at
law, provided that you pay renewal fees by those due dates designated by
.Surname; it shall be your responsibility to ensure that such fees
are paid. Payment must be made by credit card or such other method as we
may indicate. Should these fees go
unpaid by the time specified in the pre-registration notice, your pre-registration
will be cancelled. You agree that .Surname shall have no liability
whatsoever with respect to any such cancellation. All fees are
non-refundable, in whole or in part, even if your domain name
pre-registration is suspended, cancelled or transferred prior to the end of
your then current pre-registration term for any reason. .Surname reserves the right to
change fees, surcharges, renewal fees or to institute new fees at any
time, for any reason, at its sole discretion. Your requested domain name
will not be pre-registered unless we receive actual payment of the pre-registration fee, or reasonable assurance of payment of the
pre-registration
fee from some other entity (such reasonable assurance as determine d by
.Surname in its sole discretion).
- In the event of a charge back by a
credit card company (or similar action by another payment provider
allowed by us) in connection with the payments of the pre-registration fee
for your domain name pre-registration or any other fee associated with the
domain name services provided by us, you agree and acknowledge that the
domain name pre-registration shall be transferred to .Surname as the
paying entity for that pre-registration to the registry and that we reserve
all rights regarding such domain name including, without limitation, the
right to make the domain name available to other parties for purchase.
We will reinstate your domain name pre-registration solely at our
discretion, and subject to our receipt of the initial pre-registration or
renewal fee and our then-current reinstatement fee.
- Refund of Fees
Notwithstanding anything to the contrary, you agree that all fees paid by
you to .Surname are non-refundable, in whole or in part, even if the
domain name is suspended, cancelled or transferred prior to the end of the
then-current pre-registration term by you, by .Surname, for legal reasons (e.g.
UDRP) or otherwise.
- Dispute Policy
You agree to be bound by the current dispute policy which is incorporated
into this agreement by reference. Any disputes regarding the right to use
your domain name will be subject to the dispute policy. You agree that in
the event a domain name dispute arises with any third party, you will
indemnify and hold .Surname harmless pursuant to the terms and conditions
contained in the dispute policy.
- Transfer of Domain Name Ownership
In the event you would like to make change to the name of the
registrant of the domain name, you agree that as a condition to any transfer
of the domain name, the transferee shall agree in writing to become a party
to and be bound by this agreement. You acknowledge and agree that if you
attempt to transfer your domain name pre-registration and the entity to which
you seek to transfer your domain name fails to agree in writing to be bound
by all terms and conditions of this agreement, any such transfer will be
null and void, and .Surname shall have the right to immediately, and
without prior notice, terminate this agreement and/or suspend, cancel,
transfer or modify your pre-registration of the domain name. In addition, you
agree that transfers are governed by .Surname's transfer agreement as
well as the terms and conditions.
- Domain Name Pre-Registration Information and Its Use
- As part of the pre-registration process, you
must provide certain information as specified during the .Surname
pre-registration process and you must update this information as needed to keep it
current, complete and accurate. In the event you fail to provide or
maintain accurate this information or in the event that you pre-register
a .Surname domain name which obviously is not a www.forename.surname
combination like www.hotel.boston, .Surname shall have the right to
terminate this agreement and/or cancel, suspend, transfer or modify your
pre-registration of the domain name immediately without giving you prior
notice. In addition to the information you provide, .Surname
maintains other information relating to your pre-registration of the
domain name including, among other things, the information referred to in the
.Surname privacy statement.
- In the event that you provide any
information about a third party in connection with your pre-registration of
the domain name, you hereby represent and warrant that you have provided
notice to, and have obtained consent from, such third party with regard
to the disclosure and the use of that third party's information as set
forth in this agreement. You further represent and warrant that you will
provide such notice and obtain such consent with regard to any third
party data supplied to .Surname in the future. .Surname is not
responsible for any consequences, if any, resulting from your failure to
provide notice or receive consent as contemplated herein or your
provision of outdated, incomplete or otherwise inaccurate third party
data.
- Ownership of Data
You agree and acknowledge that .Surname owns all database, compilation,
collective and similar rights, title and interests worldwide in our domain
name database and all information and derivative works generated from our
domain name database. You further acknowledge and agree that .Surname
owns all information .Surname generates or obtains in connection with
your pre-registration of the domain name. .Surname does not have any
ownership interest in your specific personal information outside of its
rights in our domain name database.
- Websites by .Surname
You acknowledge and agree that any or all domain names that (a) are
registered with .Surname, (b) are hosted on a .Surname domain name server,
and (c) do not otherwise resolve to an active website may, by default,
resolve to a temporary website provided by .Surname that
informs visitors that the domain name has been registered with .Surname. You also agree that .Surname may, in its sole and
absolute discretion, place on any of these websites (x) promotions and
advertisements for, and links to, .Surname's website, .Surname's
products and services, third-party websites, and third-party products and
services, (y) internet search results and access to internet search engines,
and (z) any other material or content selected by .Surname. You agree
that .Surname may change the content and/or appearance of, or disable,
any website at any time, in its sole and absolute discretion, and
without prior notice.
All domain names registered with .Surname will initially be pointed to a
website as soon as the technical requirements are enabled. If for any reason you do not wish to have your
domain name
pointed to a website, you may write us at
support(at)surname.biz.
- Use of the Domain Name
- You agree that you will not register,
use, display or exploit the domain name in contravention or violation of
.Surname policies, in contravention of the laws of any jurisdiction
where the domain name is accessible, or for any unlawful purpose,
including, but not limited to, child pornography, child entrapment or
abuse, advocacy of hatred, bigotry or violence towards persons or groups
on the basis of their religion, race, ethnicity, gender, sexual
orientation or other characteristics, the ft of e-mail service, or as a
source of unsolicited bulk e-mail or as an address to use for replying
to unsolicited bulk e-mail.
- You will register and use, display and
exploit the domain name in good faith, in accordance with international
and local laws and regulations.
- You will not use the domain name to
infringe upon or dilute the trademark or other rights of any third
party.
In the event you breach this Section 8,
.Surname shall have the right to terminate this agreement and/or cancel,
suspend, transfer or modify your pre-registration of the domain name immediately
without prior notice.![]()
- Registrant's
Representations and Warranties
You represent and warrant that:
![]()
- you have all requisite power and
authority to execute this agreement and to perform your obligations
hereunder;
- if you are registering the domain name
on behalf of a third party, you have the authority to bind that third
party as a principal party to all terms and conditions provided herein;
- to the best of your knowledge, neither
the pre-registration of the domain name nor the manner in which you intend
to use the domain name will directly or indirectly infringe or dilute
the legal rights of any third party;
- you understand that use of the domain name may be subject to applicable laws and regulations in all
jurisdictions in which the domain name is used or accessible, including
those concerning trademarks and other types of intellectual property;
- you understand that it is your
obligation to determine whether you have the right to use the domain
name and to determine whether your use of the domain name will infringe
upon or dilute the trademark or other rights of any third party;
- .Surname has not made any
representation to you, and you have in no way relied on any
representations of .Surname, as to your legal ability to register or
use the domain name;
- you understand that use and transfer of
the domain name is subject to all terms and conditions of this agreement
and any .Surname policies that are or may be enacted by .Surname;
- the information submitted by you to
.Surname is true, accurate and correct, and you shall promptly notify
.Surname of a change of any information previously submitted to
.Surname;
- in the event you license the use of the
domain name registered to you to a third party, you agree that you shall
remain the domain name holder of record, and shall remain responsible
for all obligations under this agreement, including, but not limited to,
payment obligations, and providing and maintaining accurate required
information;
- in the event you breach this Section 9,
.Surname shall have the right to terminate this agreement and/or
cancel, suspend, transfer or modify your pre-registration of the domain
name
immediately without prior notice; and
- in the event .Surname suspends,
cancels, transfers or modifies your pre-registration of your domain name or
terminates this agreement pursuant to this Section 9, you agree (without
implying any limitation to the general applicability of Section 3 to the
other parts of this agreement) that you shall not be entitled to a
refund of any fees paid by you to .Surname.
- .Surname Makes No
Representations and Warranties
All domain name pre-registration services provided by .Surname under this
agreement are provided on an "as is" and "as available" basis.
.Surname
makes no representations or warranties of any kind whatsoever, express or
implied, in connection with this agreement or its domain name
pre-registration
services, including but not limited to warranties of merchantability or
fitness for a particular purpose, to the maximum extent permitted by law.
Without any limitation to the foregoing, .Surname makes no representations
or warranties of any kind whatsoever that pre-registration or use of the
domain name under this agreement will immunize you either from challenges to the
domain name pre-registration, or from suspension, cancellation or transfer of
the domain name. In addition, .Surname makes no representations or
warranties regarding any minimum number of users who will have access to
.Surname domain names.
- Indemnification
You agree to release, indemnify, defend and hold harmless .Surname, its
parent, shareholders, subsidiaries, affiliates, officers, directors,
employees, agents and advisors from and against any and all losses,
liabilities, claims (including claims without legal merit or brought in bad
faith), demands, damages, costs or expenses, causes of action, suits,
proceedings, judgments, awards, executions and liens, including reasonable
attorneys' fees and costs (whether brought by third parties or otherwise) a
rising from or in connection with this agreement, or your pre-registration or
use of the domain name (collectively, the "Claims"). The Claims shall
include, without limitation, those based on infringement of intellectual
property rights, dilution, privacy rights, tortious interference with
contract or prospective business advantage, unfair competition, libel,
slander, defamation or injury to business reputation.
- Disclaimer;
Limitation of Liability
.Surname disclaims any or all loss or liability resulting from, but not
limited to, (a) .Surname's rejection of your application to pre-register the
domain name; (b) errors related to processing of your application to
pre-register the domain name; (c ) application of the dispute policy; (d) use or
inability to use the domain name; (e) suspension , termination, cancellation
or other loss of your pre-registration of the domain name, or (f) events beyond
.Surname's reasonable control. Under no circumstances shall .Surname be
liable for any indirect, special, incidental, or consequential damages of
any kind (including lost profits) regardless of the form of action whether
in contract, tort (including negligence), or otherwise, even if .Surname has
been advised of the possibility of such damages. In no event shall
.Surname's maximum aggregate liability exceed the fees actually paid by you
to .Surname. because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such states,
.Surname's liability is limited to the extent permitted by law.
- Breach and Revocation
- .Surname reserves the right to
suspend, cancel, transfer or modify your pre-registration of the domain
name
and/or terminate this agreement in the event you materially breach this
agreement or other .Surname policies and do not cure such breach
within thirty (30) days of notice by .Surname, except where this
agreement provides that .Surname may take such actions immediately
without prior notice to you.
- You agree that .Surname shall have
the right in its sole discretion, to suspend, cancel, transfer or
otherwise modify your pre-registration of the domain name in the event
.Surname receives a properly authenticated order from a court of
competent jurisdiction, arbitration award, or pursuant to any World
Intellectual Property Organization ("WIPO") procedure, requiring the
suspension, cancellation transfer or modification of your
pre-registration
of the domain name. In the event .Surname suspends, cancels,
transfers or modifies your pre-registration of the domain name or terminates
this agreement pursuant to this Section 14(b), you agree that you shall
not be entitled to a refund of any fees paid by you to .Surname.
- You agree the pre-registration of the domain name is subject to suspension, cancellation or transfer by .Surname
to correct mistakes by .Surname in administering or registering the
domain name or the .Surname policies within thirty (30) days from the
pre-registration date. In the event we cancel or transfer the domain
name
pre-registration within such thirty (30) day period, we agree to refund to
you any applicable fees you have paid. You agree that .Surname will
not be liable to you for any loss or dam ages that may result from our
suspension, cancellation or transfer of the domain name
pre-registration.
- Policy Modifications
You agree that .Surname shall have the right, in its sole discretion, to
modify the terms and conditions of this agreement or .Surname
policies
from time to time. Any modification by .Surname shall be binding and
effective immediately upon posting of the modified agreement or modified
.Surname policies on .Surname's website, except for modifications to the
dispute policy, which shall be effective thirty (30) days from posting on
the Site. You agree to review .Surname's website from time to time to be
aware of any such modifications. If you do not agree with any such
modification, your sole remedy is to terminate this agreement (thereby
canceling your pre-registration of the domain name) by providing .Surname
with notice of your intention to terminate this agreement. Not ice of your
termination shall be effective upon .Surname's receipt of such notice.
You hereby agree that .Surname will not refund any fees paid by you to
.Surname in the event you terminate this agreement. By continuing to use
the domain name after a modification becomes effective, you agree to abide
by and be bound by such modification.
- Notices
Notices to you may be made via voice messages, email or regular mail.
Notices to you shall be delivered in accordance with the contact information
you have provided. Notices to .Surname shall be delivered in writing to
the following address, unless we post a different address at .Surname's
Site, in which case notices to .Surname shall be delivered to that
address:
69 Great Hampton Street,
Birmingham,
West Midlands,
B18 6EW,
United Kingdom
- Main agreement
This agreement is intended by .Surname and you to be binding on both of
us with respect to each .Surname domain name you pre-register with .Surname. Although you need only accept this
agreement once, .Surname
and you agree that each domain name purchase shall constitute a separate
transaction between us governed by an identical copy of this agreement. In
the event this agreement is deemed breached by either party, is terminated
by either party, or is found to be unenforceable in whole or in part by any
authority with jurisdiction, with respect to a particular transaction, such
event shall not affect any other transaction or agreement between us.
- General
This agreement and the .Surname policies, together with all amendments or
modifications to all of them, constitute the complete and exclusive
agreement between you and .Surname, and supersedes all prior proposals,
agreements or other communications. This agreement shall be governed by,
construed and enforced in accordance with the laws of the United Kingdom, without regard to its conflicts of law principles. You shall
bring any action under this agreement only in courts located in United
Kingdom. You expressly consent to
the jurisdiction of said courts. You hereby waive any right to object to
venue or jurisdiction based on inconvenient forum or for any other reason
and waive all rights, if any, to a trial by jury. If any provision of this
agreement is held invalid, unenforceable, or void, the remainder of the
agreement shall not be affected thereby and shall continue in full force and
effect as nearly possible to reflect the original intention of .Surname
and registrant in executing this agreement. The failure of either party at
any time to enforce any right or remedy available to it under this agreement
with respect to any breach or failure by the other party shall not be a
waiver of such right or remedy with respect to any other breach or failure
by the other party. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to the agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
HOMEPAGE
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