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.biz Schedule A:
SCHEDULE
A
IP
Claim Service
Terms
Of Use
THIS
IS A LEGALLY BINDING AGREEMENT
BETWEEN FULLDNS.COM (“REGISTRAR”)
AND YOU, THE OWNER OF A REGISTERED
OR COMMON LAW TRADEMARK OR
SERVICE MARK (“OWNER”) OR
THE DULY AUTHORIZED AGENT
OF AN OWNER (“AGENT”) (COLLECTIVELY,
“YOU”).THESE TERMS OF USE
ARE THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE TERMS OF
USE REGARDING USE OF THE REGISTRAR’S
INTELLECTUAL PROPERTY CLAIM
SERVICE (THE “SERVICE”).
BY
SELECTING “I AGREE,” BY USING
THE SERVICE OR BY SIGNIFYING
ACCEPTANCE IN ANY OTHER WAY,
YOU AGREE TO BE BOUND BY THESE
TERMS OF USE.IF YOU DO NOT
AGREE WITH ALL OF THESE TERMS
OF USE, YOU ARE NOT AUTHORIZED
TO USE THE SERVICE AND YOU
MUST DISCONTINUE ANY FURTHER
USE.
- The
Service. Registrar provides
the Service to holders of
both registered and common
law trademarks or service
marks (collectively “Trademarks”).During
the domain name application
process, applicants for
a .biz domain name (“Applicants”)
will be notified of an Owner’s
alleged intellectual property
rights in a Trademark if
the domain name contained
in the domain name application
is an exact match of the
Trademark identified in
an IP Claim (as defined
below) submitted by Owner.You
may review frequently asked
questions regarding the
Service by reviewing our
FAQs.
- Registration,
Password and Security.You
must provide accurate, complete
and current registration
information and must update
this information promptly
if it changes.
You represent and warrant
that You are at least
eighteen (18) years of
age or older and are either
an Owner or an Agent duly
authorized to represent
an Owner(s) in connection
with the Service and submitting
an IP Claim on behalf
of an Owner(s).Agent will
indemnify and hold harmless
Registrar and its officers,
directors, employees,
agents, affiliates and
subcontractors for any
claims brought by Owner
or Third Parties relating
to the use of the Service.
- License
to Use Data / Privacy.
By submitting an IP Claim,
You hereby grant Registrar,
as well as any of its agents
or subcontractors, a limited,
royalty-free, non-exclusive
worldwide license to use
all of the data contained
in the IP Claim solely for
the purposes of implementing
the Service, processing
Your IP Claim, notifying
Applicants of Your IP Claim,
and for notifying You of
changes to the Service,
for archival purposes.
- The
IP Claim Process. In
order to submit a claim
with respect to a Trademark
or Trademarks (“IP Claim”)
through the Service,
You must complete an IP
Claim form for each Trademark.For
each IP Claim, You must
submit complete contact
information, representative
contact information and
notification details, and
the details regarding the
Trademark.You may specify
in the representative field
that an Agent may receive
legal correspondence regarding
the IP Claim.Once You have
submitted an IP Claim, you
will receive a confirmation
email and a claim number.You
must retain the claim number
for each IP Claim You submit.
Registrar will accept
IP Claims until July 9,
2001, or such later date
as it may determine in
its sole discretion (“Close
of Phase I”) and no IP
Claims will be accepted
after that date.
From the Close of Phase
I until September 25,
2001 (“Phase 2”), or such
other later date as Registrar
may choose, in its sole
discretion, the domain
name applications from
ICANN-approved registrars
(“Applications”) will
be compared with the database
of IP Claims processed
through the Service (“IP
Claim Database”).For each
exact match between an
IP Claim in the IP Claim
Database and a domain
name application, the
Registry Operator for
.Biz (“Registry Operator”)
will notify the Applicant
that a third party or
third parties have submitted
an IP Claim for the exact
Trademark.The email notification
to the Applicant will
include, among other things,
the information provided
by Owner in the IP Claim,
instructions on how to
proceed with the registration
process, and that if selected
during the randomized
name selection phase (“Name
Selection Phase”), the
domain name will be placed
on a temporary thirty
(30) day hold when the
Registry goes “live.”The
Applicant will have the
option to proceed with
the Application or cancel
the Application.If the
Applicant does not respond
to the email notification,
or elects to cancel the
Application, the Applicant’s
domain name application
will not be processed
during the Name Selection
Phase.If the Applicant
chooses to proceed with
the registration process
and the name is selected
during the Name Selection
Phase, that domain name
automatically will be
placed on a thirty (30)
day “hold period” when
the name is registered.
After Name Selection,
the Owner will be notified
by Registry Operator if
an Applicant has successfully
registered the domain
name.The Owner will then
have the option of contacting
the Applicant and finding
a solution or using the
guidelines set forth by
a special dispute resolution
process called the Start-up
Trademark Opposition Policy
(“STOP”)(formerly referred
to as the Start-up Dispute
Resolution Policy or “SUDRP”)
(“information available
at http://www.neulevel.com/countdown/stop.html,
or the Uniform Domain-Name
Dispute Resolution Procedures
(“UDRP”) (information
is available at http://www.icann.org/udrp/udrp-policy-24oct99.htm).
You will not be notified
if there are no Applications
that exactly match an
IP Claim You submitted
in the IP Claim Database.
USE
OF THE SERVICE DOES NOT
GUARANTEE THAT AN OWNER
WILL BE AWARDED THE .BIZ
EXTENSION FOR ITS TRADEMARK.AN
OWNER THAT WISHES TO OBTAIN
A .BIZ EXTENSION FOR ITS
TRADEMARK MUST FILE A
DOMAIN NAME APPLICATION.
DOMAIN
NAME APPLICANTS WILL ONLY
BE NOTIFIED OF APPLICATIONS
THAT ARE EXACT MATCHES
WITH A TRADEMARK IDENTIFIED
IN AN IP CLAIM FORM.REGISTRAR
WILL NOT VERIFY WHETHER
A TRADEMARK CLAIMED ON
AN IP CLAIM FORM CORRESPONDS
WITH AN ACTUAL, LEGAL
OR VALID TRADEMARK, NOR
WILL REGISTRAR PROVIDE
ANY LEGAL OVERSIGHT OR
ADJUDICATION FOR ANY DISPUTED
INTELLECTUAL PROPERTY
IMPLICATED BY THE SERVICE.
- Conduct.
You may access and use the
Service for lawful purposes
only and you are solely
responsible for the knowledge
and adherence to any and
all laws, statutes, rules
and regulations pertaining
to Your use of the Service.You
agree that You will not
(i)use the Service to commit
a criminal offence or to
encourage conduct that would
constitute a criminal offence
or give rise to a civil
liability, or otherwise
violate any local state,
Federal or international
law or regulation; (ii)upload
or otherwise transmit any
content that You do not
have a right to transmit
under any law or contractual
or fiduciary duty; (iii)interfere
or infringe with any trademark
or proprietary rights of
any other party; (iv)interfere
with the ability of other
users to access or use the
Service; (v)claim a relationship
with or to speak for any
individual, business, association,
institution or other organization
for which You are not authorized
to claim such a relationship;
(vi)interfere with or disrupt
the Service or servers or
networks connected to the
Service, or disobey any
requirements, procedures,
policies or regulations
of networks connected to
the Service; or (vii)reproduce,
duplicate, copy, use, distribute,
sell, resell or otherwise
exploit for any commercial
purposes any portion of
the Service.
- Fees.
As consideration for the
Service, You agree to pay
Registrar, or its agents
or subcontractors, as the
case may be, an IP Claim
fee for each IP Claim submitted
through the Service by credit
card through its online
payment system.Such fee
shall be due immediately
and is non-refundable.Registrar,
or its agents or subcontractors,
may take all remedies to
collect fees owed.Registrar,
or its agents or subcontractors
may require you to submit
and pay for each IP Claim
individually or it may allow
you store up a certain number
of IP Claims before submitting
them for processing.Once
you have stored that number
of IP Claims, you may not
be able to store any additional
IP Claims and may need to
submit them for processing
and pay the applicable fee
before obtaining additional
storage space.No refunds
are permitted.
- Agents.
You agree that, if
Your agent (e.g., an attorney,
employee, etc.) submits
an IP Claim on Your behalf,
You are nonetheless bound
as a principal by all Terms
of Use herein. Your continued
use of the Services shall
ratify any unauthorized
actions of Your agent. By
acting on Your behalf, Your
agent certifies that he
or she is authorized to
use the Service on Your
behalf, that he or she is
authorized to bind You to
these Terms of Use and that
he or she has apprised You
of these Terms of Use of
this Agreement.In addition,
You are responsible for
any errors made by Your
agent.Registrar will not
refund fees paid by You
or Your agent on Your behalf
for any reason, including,
but not limited to, in the
event that Your agent fails
to comply with these Terms
of Use, Your agent incorrectly
provides information in
the IP Claim process or
if Your agent changes or
otherwise modifies Your
IP Claim incorrectly.
- Copyright.
You acknowledge that
the Service, any underlying
technology used in connection
with the Service, and all
software, material, information,
communications, text, graphics,
links, electronic art, animations,
audio, video, photos, and
other data (collectively,
the “Content”) available
within the Service are provided
by Registrar or third-party
providers and are the copyrighted
works of Registrar and/or
such third parties.Except
as expressly authorized
by Registrar or such third
parties in these Terms of
Use or as may be posted
on the Service, You may
not copy, reproduce, publish,
distribute, modify, create
derivative works of, rent,
lease, sell, transfer, display,
transmit, compile or collect
in a database, or in any
manner commercially exploit
any part of the Content
or the Service, in whole
or in part.You may not store
any significant portion
of any Content or the Service
owned by, or licensed to
Registrar in any form, whether
archival files, computer-readable
files, or any other medium.You
also may not “mirror” any
Content or the Service on
any other server.
Registrar encourages you
to download and print
a reasonable number of
copies of an IP Claim
for non-commercial, internal
use only; provided that (i)any permitted copies contain,
in unmodified form, any
copyright or other proprietary
rights notices and an
original source attribution
to the Service; and (ii)no
modifications are made
except as may be expressly
provided by Registrar.
- Links.
Some links on the Service
lead to sites posted by
independent site owners.Because
Registrar has no control
over these sites, it cannot
be responsible for such
sites’ accessibility via
the Internet and does not
endorse products, services,
or information provided
by such sites.As such, Registrar
shall not be responsible
or liable, directly or indirectly,
for any damage or loss caused
or alleged to be caused
by or in connection with,
use or reliance on any content,
goods or services available
on or through any other
site.Further, the inclusion
of these links does not
imply that the other sites
have given permission for
inclusion of these links,
or that there is any relationship
between Registrar and the
linked sites.
- Disclaimer
of Warranty, Limitation
of Liability. YOU AGREE
THAT YOUR ACCESS TO AND
USE OF THE SERVICE IS AT
YOUR OWN RISK.NEITHER REGISTRAR
NOR ITS PARENTS, SUBSIDIARIES,
SHAREHOLDERS, MEMBERS, OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES,
AGENTS OR SUBCONTRACTORS
WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR
ERROR-FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF
THE SERVICE OR AS TO THE
ACCURACY, RELIABILITY, OR
CONTENT WITHIN THE SERVICE.
THE SERVICE IS PROVIDED
ON AN “AS IS, “AS AVAILABLE”
BASIS WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSES
AND NON-INFRINGEMENT.
IN NO EVENT WILL REGISTRAR
NOR ITS PARENTS, SUBSIDIARIES,
SHAREHOLDERS, MEMBERS,
OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES, AGENTS OR
SUBCONTRACTORS BE LIABLE
TO YOU OR ANY THIRD PARTY
FOR ANY INCIDENTAL, INDIRECT,
SPECIAL OR CONSEQUENTIAL
DAMAGES (EVEN IF ADVISED
OF THE POSSIBILITY OF
SUCH DAMAGES), ARISING
OUT YOUR USE OF OR INABILITY
TO ACCESS OR USE THE SERVICE,
INCLUDING WITHOUT LIMITATION,
LOSS OF REVENUE OR ANTICIPATED
PROFITS, LOSS OF GOODWILL,
LOST BUSINESS, LOST DATA,
COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER DAMAGES
OR LOSSES THAT RESULT
FROM MISTAKES, INACCURATELY
ENTERED DATA, UNAUTHORIZED
USE, OMISSIONS, INTERRUPTIONS,
ERRORS, DEFECTS, DELAYS
IN OPERATION, OR ANY FAILURE
OF PERFORMANCE, WHETHER
OR NOT LIMITED TO ACTS
OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS
TO INSTITUTIONS RECORDS,
PROGRAMS OR SERVICES.YOU
AGREE THAT THE FOREGOING
LIMITATIONS OF LIABILITY
REPRESENT A REASONABLE
ALLOCATION OF RISK.
IN NO EVENT, SHALL REGISTRAR
BE LIABLE TO YOU FOR ANY
AMOUNT EXCEEDING THE AMOUNT
OF FEES PAID BY YOU FOR
THE APPLICABLE IP CLAIM.
- Indemnification.
You agree to indemnify and
hold harmless Registrar
and its parents, subsidiaries,
shareholders, members, officers,
directors, employees, affiliates,
agents and subcontractors
from any claim or demand,
including reasonable attorney’s
fees made by any third party
due to or arising out of
Your use of the Service,
your breach of these Terms
of Use, any Content submitted
to the Service, or any disputes
involving the intellectual
property rights of the Trademarks.
- Modifications
to the Service. Registrar
reserves the right at any
time and from time to time
to modify or discontinue,
temporarily or permanently,
the Service (or any part
thereof) with or without
notice.You agree that Registrar
will not be liable to You
or to any third party for
any modification, suspension,
or discontinuation of the
Services.
- Termination.
You may discontinue Your
participation in and access
to the Service at any time.These
Terms of Use will continue
to apply to all past use
of the Service by You, even
if You are no longer using
the Service.You acknowledge
and agree that Registrar
may terminate or block Your
use of all or part of the
Service without prior notice
for any reason, including,
without limitation, if Registrar
believes You have engaged
in conduct prohibited by
these Terms of Use.You agree
that upon termination or
discontinuance for any reason,
may delete all information
related to You on the Service
and may bar Your access
to and use of the Service.
- Governing
Law. These Terms of
Use shall be governed by
and construed in accordance
with the laws of the Province
of Ontario, without regard
to its principles of conflicts
of law.
- Changes
to the Terms of Use.
Registrar reserves the right
to modify the Terms of Use
at any time and from time
to time.Any modifications
shall be effective upon
the posting of the modified
Terms of Use at http://ipclaims.neulevel.com/legal/conditions.php.You
agree to review these Terms
of Use periodically so that
You are aware of any modifications.Your
continued use of the Service
shall be deemed Your acceptance
of the modified Terms of
Use.
- Severability.
In the event that any provision
of these Terms of Use shall
be unenforceable or invalid
under any applicable law
or be so held by applicable
court decision, such unenforceability
or invalidity shall not
render this Agreement unenforceable
or invalid as a whole, and,
in such event, such provision
shall be changed and interpreted
so as to best accomplish
the objectives of such provision
within the limits of applicable
law or applicable court
decision.
- Third
Party Beneficiary. Registry
Operator (“NeuLevel”) is
an intended third party
beneficiary of these Term
and Conditions with rights
to enforce these Terms of
Use.You will cooperate in
good faith with NeuLevel
or Registrar in investigating
instances of non-compliance
with these Terms of Use,
if NeuLevel or Registrar
believes in good faith that
you are not in compliance
with these Terms of Use.
- Subcontractors.
In the course of providing
the IP Claim Service, Registrar
may retain independent contractors
or assign or subcontract
to or otherwise have any
third party perform any
or all of the IP Claim Service
at any time, provided that
Registrar shall continue
to remain responsible for
full performance of any
such duties to the same
extent as if it had performed
the IP Claim Service itself.
- Entire
Agreement. These Terms
of Use completely and exclusively
state the agreement of the
parties regarding the subject
matter, and supersede all
prior agreements and understandings,
whether written or oral,
with respect to the subject
matter of these Terms of
Use.
- Modifications
to your Account.
In order to change any
of your account information
with Registrar, you must
use the Account Identifier
and Password selected when
you opened your account
with Registrar.You agree
to safeguard your Account
Identifier and Password
from any unauthorized use.In
no event shall Registrar
be liable for the unauthorized
use or misuse of your Account
Identifier or Password.
- Breach.
You agree that failure to
abide by an provision of
this Agreement, any operating
rule or policy or the Dispute
Policy provided by Registrar,
may be considered by Registrar
to be a material breach
and that Registrar may provide
a written notice, describing
the breach, to you.If within
thirty (30) calendar days
of the date of such notice,
you fail to provide evidence,
which is reasonably satisfactory
to Registrar, that you have
not breached your obligations
under the Agreement, then
Registrar may delete the
registration or reservation
of your domain name.Any
such breach by you shall
not be deemed to be excused
simply because Registrar
did not act earlier in response
to that, or any other breach
by you.
- No
Guarantee. You acknowledge
that reservation of your
IP Claim name does not confer
immunity from objection
to either the registration,
reservation, or use of the
domain name.
- Right
of Refusal. Registrar,
in its sole discretion,
reserves the right to refuse
to register or reserve your
IP Claim name or register
you for other services.You
agree that Registrar shall
not be liable to you for
loss or damages that may
result from its refusal
to register, reserve or
delete your IP Claim. Registrar
reserves the right to delete
or transfer your IP Claim
within a thirty (30) day
period following receipt
of the application if it
believes the IP Claim has
been made possible by a
mistake, made either by
Registrar or by a third
party.
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