|
Registration Agreement
1. In this Registration Agreement ("Agreement"), "Registrant",
"you" and "your" refers to the Registrant of each domain name registration,
"we", "us" and "our" refers to ArabsGate.com Company, and "Services" refers to
the domain name registration services provided by us. Any reference to a
"registry," "Registry" or "Registry Operator" shall refer to the registry
administrator of the applicable TLD or ccTLD. This Agreement explains our
obligations to you, and explains your obligations to us for the Services. By
agreeing to the terms and conditions set forth in this Agreement, you are also
agreeing to be bound by the rules and regulations set forth by a registry for
that particular registry only.
2. SELECTION OF A DOMAIN NAME. You
acknowledge and agree that we cannot guarantee that you will obtain a desired
domain name registration, even if an inquiry indicates that a domain name is
available at the time of your application for same. You represent that, to the
best of the your knowledge and belief, neither the registration of the domain
name nor the manner in which it is directly or indirectly to be used, infringes
upon the legal rights of a third party and further, that the domain name is not
being registered for nor shall it at any time whatsoever be used for any
unlawful purpose.
3. FEES. As consideration for the Services, you
agree to pay Reseller the applicable service(s) fees prior to the effectiveness
of a desired domain name registration or any renewal thereof. All fees payable
hereunder are non-refundable even if your domain name registration is suspended,
cancelled or transferred prior to the end of your current registration term. As
further consideration for the Services, you agree to: (1) provide certain
current, complete and accurate information about you as required by the
registration process, and (2) maintain and update this information as needed to
keep it current, complete and accurate. All such information shall be referred
to as account information ("Account Information"). You represent that the
Account Information and all other statements put forth in your application are
true, complete and accurate. Both ArabsGate and each registry reserves the right
to terminate your domain name registration if: (i) information provided by you
or your agent is false, inaccurate, incomplete, unreliable, misleading or
otherwise secretive; or (ii) you have failed to maintain, update and keep your
Account Information true, current, complete, accurate and reliable. You
acknowledge that a breach of this Section 3 will constitute a material breach of
our Agreement which will entitle either us or a registry to terminate this
Agreement immediately upon such breach without any refund and without notice to
you.
4. TERM. This Agreement will remain in effect during the
term of your domain name registration as selected, recorded and paid for at the
time of registration or any renewal thereof. Should the domain name be
transferred to another registrar, the terms and conditions of this Agreement
shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that
the practice of registering and administering domain names is constantly
evolving; therefore, you agree that ArabsGate may modify this Agreement, or any
other related and/or applicable agreement, as is necessary to comply with its
agreements with ICANN, a registry or any other entity or individual, as well as
to adjust to changing circumstances. Your continued use of the domain name
registered to you will constitute your acceptance of this Agreement with any
revisions. If you do not agree to any change, you may request that your domain
name registration be cancelled or transferred to a different accredited
registrar. You agree that such cancellation or request for transfer will be your
exclusive remedy if you do not wish to abide by any change to this Agreement, or
any other related and/or applicable agreement.
6. MODIFICATIONS TO
YOUR ACCOUNT. In order to change any of your account information with us,
you must use the Account Identifier and Password that you selected when you
opened your account with us. You agree to safeguard your Account Identifier and
Password from any unauthorized use. In no event shall we be liable for the
unauthorized use or misuse of your Account Identifier or Password.
7.
NO GUARANTY. You acknowledge that registration or reservation of your chosen
domain name does not confer immunity from objection to the registration,
reservation or use of the domain name.
8. DOMAIN NAME DISPUTES.
You agree that, if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the provisions specified in
the dispute policy adopted by the applicable registry. You agree that in the
event a domain name dispute arises with any third party, you will indemnify and
hold us harmless pursuant to the terms and conditions contained in the
applicable policy. If ArabsGate is notified that a complaint has been filed with
a judicial or administrative body regarding your domain name, ArabsGate may, at
its sole discretion, suspend your ability to use your domain name or to make
modifications to your registration records until (i) ArabsGate is directed to do
so by the judicial or administrative body, or (ii) ArabsGate receives
notification by you and the other party contesting your domain that the dispute
has been settled. Furthermore, you agree that if you are subject to litigation
regarding your registration or use of your domain name, ArabsGate may deposit
control of your registration record into the registry of the judicial body by
supplying a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to a
ArabsGate, registry, ICANN or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a ArabsGate, registry,
ICANN or government-adopted policy, (1) to correct mistakes by us or a registry
in registering the name or (2) for the resolution of disputes concerning the
domain name.
10. AGENCY. Should you intend to license use of a
domain name to a third party you shall nonetheless be the domain name holder of
record and are therefore responsible for providing your own full contact
information and for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution of any problems
that arise in connection with the domain name. You shall accept liability for
harm caused by wrongful use of the domain name. You represent that you will
secure the agreement of any third party to the terms and conditions in this
Agreement
11. ANNOUNCEMENTS. We reserve the right to distribute information
to you that is pertinent to the quality or operation of our services and those
of our service partners. These announcements will be predominately informative
in nature and may include notices describing changes, upgrades, new products or
other information to add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the amount you
paid for the initial registration of your domain name. ArabsGate and its
directors, employees, affiliates, subsidiaries, agents and third party
providers, ICANN and the applicable registries shall not be liable for any
direct, indirect, incidental, special or consequential damages resulting from
the use or inability to use any of the Services or for the cost of procurement
of substitute services. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such states,
our liability is limited to the extent permitted by law. We disclaim any and all
loss or liability resulting from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions; (2) loss or liability
resulting from data non-delivery or data mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting from the
unauthorized use or misuse of your account identifier or password; (5) loss or
liability resulting from errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement; (6) loss or liability
resulting from the interruption of your Service. You agree that we will not be
liable for any loss of registration and use of your domain name, or for
interruption of business, or 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 we have
been advised of the possibility of such damages.
13. INDEMNITY.
You agree to release, indemnify, and hold ArabsGate, its contractors, agents,
employees, officers, directors and affiliates, ICANN, the applicable registries
and their respective directors, officers, employees, agents and affiliates
harmless from all liabilities, claims and expenses, including attorney's fees,
of third parties arising out of or relating to the registration or use of the
domain name registered in your name , whether used by yourself, licensed to a
third party or pursuant to the Whois Privacy Service, including without
limitation infringement by you or a third party with access to your Account
Identifier and Password. You also agree to release, indemnify and hold us
harmless pursuant to the terms and conditions contained in the applicable
Dispute Policy. When we are threatened with suit by a third party, we may seek
written assurances from you concerning your promise to indemnify us; your
failure to provide those assurances may be considered by us to be a breach of
your Agreement and may result in the suspension or cancellation of your domain
name. This indemnification obligation will survive the termination or expiration
of this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as
Registrant on the Whois shall be the registered name holder. The person named as
Administrative contact at the time the controlling Account Identifier and
Password are secured, shall be deemed the designate of the Registrant with the
authority to manage the domain name. You agree that prior to transferring
ownership of your domain name to another person (the "Transferee") you shall
require the Transferee to agree, in writing to be bound by all the terms and
conditions of this Agreement. If the Transferee fails to be bound in a
reasonable fashion (as determine by us in our sole discretion) to the terms and
conditions in this Agreement, any such transfer will be null and void.
15. BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or policy or the Dispute Policy provided by us,
may be considered by us to be a material breach and that we 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 us, that you have not breached your obligations under
the Agreement, then we may delete the registration or reservation of your domain
name. Any such breach by you shall not be deemed to be excused simply because we
did not act earlier in response to that, or any other breach by you.
16. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided on an "as
is," "as available" basis. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement. We
make no warranty that the Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure, or error free; nor do we make
any warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information obtained
through the Service or that defects in the Service will be corrected. You
understand and agree that any material and/or data downloaded or otherwise
obtained through the use of Service is done at your own discretion and risk and
that you will be solely responsible for any damage to your computer system or
loss of data that results from the download of such material and/or data. We
make no warranty regarding any goods or services purchased or obtained through
the Service or any transactions entered into through the Service. No advice or
information, whether oral or written, obtained by you from us or through the
Service shall create any warranty not expressly made herein.
17.
INFORMATION. As part of the registration process, you are required to
provide us certain information and to update us promptly as such information
changes such that our records are current, complete and accurate. You are
obliged to provide us the following information:
(a) your name and
postal address (or, if different, that of the domain name holder);
(b)
the domain name being registered;
(c) the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the domain name;
(d) the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name; and
(e) the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the technical contact for the domain name.
Any voluntary information we request is collected in order that we can
continue to improve the products and services offered to you through your
Reseller.
18. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You
agree and acknowledge that we will make domain name registration information you
provide available to ICANN, to the registry administrators, law enforcement
agencies and to other third parties as applicable. You further agree and
acknowledge that we may make publicly available, or directly available to third
party vendors, some or all, of the domain name registration information you
provide, for purposes of inspection (such as through our Whois service) or other
purposes as required or permitted by ICANN and applicable laws.
(a) You
hereby consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or use of, information provided by you in
connection with the registration of a domain name (including any updates to such
information), whether during or after the term of your registration of the
domain name. You hereby irrevocably waive any and all claims and causes of
action you may have arising from such disclosure or use of your domain name
registration information by us.
(b) You may access your domain name
registration information in our possession to review, modify or update such
information, by accessing our domain manager service, or similar service, made
available by us through your Reseller.
(c) We will not process or
maintain data about any identified or identifiable natural person that we obtain
from you in a way incompatible with the purposes and other limitations which we
describe in this Agreement.
(d) We will take reasonable precautions to
protect the information we obtain from you from our loss, misuse, unauthorized
disclosure, alteration or destruction of that information.
19.
OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly to update information
provided to us, or any failure to respond to inquiries by us addressed to the
email address of the registrant, the administrative, billing or technical
contact appearing in the Whois directory with respect to a domain name
concerning the accuracy of contact details associated with the registration
shall constitute a material breach of this Agreement and be a basis for
cancellation of the domain name registration. Any information collected by us
concerning an identified or identifiable natural person ("Personal Data") will
be used in connection with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by ICANN or an
applicable registry policy.
20. REVOCATION. We, in our sole
discretion, reserve the right to deny, cancel, suspend, transfer or modify any
domain name registration to correct a mistake, protect the integrity and
stability of the company and any applicable registry, to comply with any
applicable laws, government rules, or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid any liability,
civil or criminal. You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register or cancel, suspend,
transfer or modify your domain name registration.
21. INCONSISTENCIES
WITH REGISTRY POLICIES. In the event that this Agreement may be inconsistent
with any term, condition, policy or procedure of an applicable registry, the
term, condition, policy or procedure of the applicable registry shall prevail.
22. NON-WAIVER. Our failure to require performance by you of any
provision hereof shall not affect the full right to require such performance at
any time thereafter; nor shall the waiver by us of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.
23.
NOTICES. Any notice, direction or other communication given under this
Agreement shall be in writing and given by sending it via e-mail or via regular
mail. In the case of e-mail, valid notice shall only have been deemed to be
given when an electronic confirmation of delivery has been obtained by the
sender. E-mail notification to ArabsGate must be sent to
domains@arabsgatemail.com. Any
notice to you will be sent to the e-mail address provided by you in your Whois
record. Any e-mail communication shall be deemed to have been validly and
effectively given on the date of such communication, if such date is a business
day and such delivery was made prior to 4:00 p.m. GMT, otherwise it will be
deemed to have been delivered on the next business day. In the case of regular
mail notice, valid notice shall be deemed to have been validly and effectively
given five (5) business days after the date of mailing Postal notices to
ArabsGate shall be sent to:
ArabsGate Company Registrant Affairs Office P.O Box 65126
RIYADH, 11556 Saudi Arabia Attention: Legal Affairs
and in the case of notification to you shall be sent to the address specified
in the "Administrative Contact" in your Whois record.
24. ENTIRETY.
You agree that this Agreement, the applicable dispute policy and the rules and
policies published by ArabsGate and any applicable registry or other governing
authorities are the complete and exclusive agreement between you and us
regarding our Services.
25. GOVERNING LAW. THIS AGREEMENT SHALL
BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF
PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT
REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS
AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE
JURISDICTION OF SUCH COURTS.
26. INFANCY. You attest that you are
of legal age to enter into this Agreement.
27. FORCE MAJEURE. You
acknowledge and agree that neither we nor the applicable registry shall be
responsible for any failures or delays in performing our respective obligations
hereunder arising from any cause beyond our reasonable control, including but
not limited to, acts of God, acts of civil or military authority, fires, wars,
riots, earthquakes, storms, typhoons and floods.
28. PRIVACY.
Information collected about you is subject to the terms of ArabsGate
privacy policy, the terms of which are hereby incorporated by reference.
ArabsGate privacy policy can be found at:
http://www.arabsgate.com/policies
29. CONTROLLING LANGUAGE. In the event that you are reading this
Agreement in a language other than the English language, you acknowledge and
agree that the English language version hereof shall prevail in case of
inconsistency or contradiction in interpretation or translation.
30.
TLD'S. The following additional provisions apply to any domain names that
you register through ArabsGate with the various registries:
(a)
.com/net Domains: In the case of a ".com" or ".net" registration, the
following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings under
ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry; these policies
are subject to modification.
(b) .org Domains: In the case of a ".org" registration, the following
terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings under
ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies
are subject to modification.
(c) .info Domains: In the case of a ".info" registration, the
following terms and conditions will apply:
(i) Registrant's Personal Data. You consent to the use, copying,
distribution, publication, modification, and other processing of
Registrant's personal data by Afilias, the .INFO registry, and its designees
and agents, in a manner consistent with the purposes specified pursuant to
its contract.
(ii) Submission to UDRP. Registrant agrees to submit to proceedings
under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies
are subject to modification.
(iii) Reservation of Rights. ArabsGate
and Afilias expressly reserve the right to deny, cancel, transfer, or modify
any registration that either registrar or Afilias deems necessary, at its
discretion, to protect the integrity and stability of the registry, to
comply with any applicable law, any government rule or requirement, any
request of law enforcement, any dispute resolution process, or to avoid any
liability, civil or criminal, on the part of the registrar and/or Afilias,
as well as their affiliates, subsidiaries, executives, directors, officers,
managers, employees, consultants, and agents. The registrar and Afilias also
reserve the right to suspend a domain name or its registration data during
resolution of a dispute.
(d) .biz Domains. In the case of a ".biz" registration, the following
terms and conditions will apply:
(i) .biz Restrictions. Registrations in the .biz top-level domain must be
used or intended to be used primarily for bona fide business or commercial
purposes. For the purposes of the .biz registration restrictions, "bona fide
business or commercial use" shall mean the bona fide use or bona fide intent
to use the domain name or any content, software, materials, graphics or
other information thereon, to permit Internet users to access one or more
host computers through the DNS:
(A) to exchange goods, services, or property of any kind;
(B) in the ordinary course of business; or
(C) to facilitate
(i) the exchange of goods, services, information or property of any kind; or
(ii) the ordinary course of trade or business.
(ii) Selection of a Domain Name. You represent that:
(A) the data provided in the domain name registration application is
true, correct, up to date and complete, and that you will continue to keep
all of the information provided correct, up-to-date and complete;
(B) to the best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly to be
used infringes upon the legal rights of a third party;
(C) that the domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose whatsoever;
(D)
the registered domain name will be used primarily for bona fide business or
commercial purposes and not (a) exclusively for personal use, or (b) solely
for the purposes of (1) selling, trading or leasing the domain name for
compensation, or (2) the unsolicited offering to sell, trade or lease the
domain name for compensation;
(E) you have the authority to enter
into this Registration Agreement; and
(F) the registered domain name
is reasonably related to your business or intended commercial purpose at the
time of registration.
(iii) Provision of Registration Data. As part of the registration process,
you are required to provide us with certain information and to keep the
information true, current, complete, and accurate at all times. The
information includes the following:
(A) your full name;
(B) your postal address;
(C) your
e-mail address;
(D) your voice telephone number;
(E) your
fax number (if applicable);
(F) the name of an authorized person for
contact purposes in the case of a registrant that is an organization,
association, or corporation;
(G) the IP addresses of the primary
nameserver and any secondary nameserver for the domain name;
(H) the corresponding names of the primary and secondary
nameservers;
(I) the full name, postal address, e-mail address,
voice telephone number, and, when available, fax number of the
administrative, technical, and billing contacts, and the name holder for the
domain name; and
(J) any remark concerning the domain name that
should appear in the Whois directory.
(K) You agree and understand
that the foregoing registration data will be publicly available and
accessible on the Whois directory as required by ICANN and/or registry
policies, and may be sold in bulk in accordance with the ICANN agreement.
31. ccTLD'S
(a)
.cc Domains. In the case of a ".cc" registration, the following terms and
conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the Dispute Policy that is incorporated herein and made
a part of this Agreement by reference. The current version of the Dispute
Policy may be found at
http://www.nic.cc/policies/dispute.html. Please take the time to
familiarize yourself with this policy.
(ii) Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of
this agreement you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and which are posted on
the Registry website at http://www.nic.cc/.
(b) .tv Domains. In the case of a ".tv" registration, the following
terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another Registrar, you
agree to be bound by the Dispute Policy that is incorporated herein and made
a part of this Agreement by reference. The current version of the Dispute
Policy may be found at
http://www.icann.org/dndr/udrp/policy.htm. Please take the time to
familiarize yourself with this policy.
(ii) Policy . You agree that
your registration of the .tv domain name shall be subject to suspension,
cancellation, or transfer pursuant to any ICANN or government adopted
policy, or pursuant to any Registrar or registry procedure not inconsistent
with an ICANN or government-adopted policy, (1) to correct mistakes by us or
the applicable Registry in registering the name or (2) for the resolution of
disputes concerning the domain name. You acknowledge that you have reviewed
the .tv General Terms of Service which may be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml and expressly
agree to the terms outlined therein.
(I) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the Dispute Policy and the usDRP.
In addition to the foregoing, you agree that, for the adjudication of
disputes concerning or arising from use of the Registered Name, you shall
submit, without prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (i) of your domicile, (ii) where ArabsGate is
located.
(v) Policy. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer pursuant to
any ArabsGate, Registry Operator, the DOC or government-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent with a DOC
or government-adopted policy, (1) to correct mistakes by us or the
applicable Registry in registering the name or (2) for the resolution of
disputes concerning the domain name. The Registry Operator's policies can be
found at http://www.neustar.us/policies.
(vi) Indemnity. The DOC shall be added to the parties you have agreed
to indemnify in Section 13 hereinabove.
(vii) Information. As part
of the registration process, you are required to provide us certain
information and to update us promptly as such information changes such that
our records are current, complete and accurate. You are obliged to provide
us the following information:
(A) Your full name, postal address, e-mail address and telephone number
and fax number (if available) (or, if different, that of the domain name
holder);
(B) The domain name being registered;
(C) The name,
postal address, e-mail address, and telephone number and fax number (if
available) telephone numbers of the administrative contact, the technical
contact and the billing contact for the domain name;
(D) The IP
addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name;
(E) In addition to the foregoing,
you will be required to provide additional Nexus Information. The Nexus
Information requirements are set out at
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
Any other information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected for the purpose
of improving the products and services offered to you through your Reseller.
(viii) Disclosure and Use of the Registration Information. You agree and
acknowledge that we will make domain name registration information you
provide available to the DOC, to the Registry Operator, and to other third
parties as applicable. You further agree and acknowledge that we may make
publicly available, or directly available to third party vendors, some, or
all, of the domain name registration information you provide, for purposes
of inspection (such as through our Whois service) or other purposes as
required or permitted by the DOC and applicable laws.
You hereby
consent to any and all such disclosures and use of information provided by
you in connection with the registration of a domain name (including any
updates to such information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive any and all
claims and causes of action you may have arising from such disclosure or use
of your domain name registration information by us.
You may access
your domain name registration information in our possession to review,
modify or update such information, by accessing our domain manager service,
or similar service, made available by us through your Reseller.
We
will not process data about any identified or identifiable natural person
that we obtain from you in a way incompatible with the purposes and other
limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from
you from our loss, misuse, unauthorized accessor disclosure, alteration or
destruction of that information.
32. WHOIS PRIVACY SERVICE. The following terms and conditions will
apply if you subscribe to the Whois Privacy Service:
(a) Subscribers to the Whois Privacy Service have elected to include the
following information in the publicly available Whois Registry:
(i) Contactprivacy.com shall appear as the Registrant and Contacts
name(s);
(ii) ArabsGate postal address and a ArabsGate assigned
email address and telephone number shall appear on behalf of the Registrant
and the Contact(s);
(iii) The primary and secondary nameservers
shall be those designated by the Registrant;
(iv) The original date
of registration and the expiration of each domain name;
(v)
ArabsGate will be identified as the registrar of record.
(b) You understand and agree that the Registrant and Contact Information
that you have provided will be kept on file. You further agree and warrant
that you will ensure that the Whois Information is true, accurate and up to
date.
(c) You will will retain complete control over the domain name
and its registration records and may suspend and reinstate the Whois Privacy
Service at your discretion.
(d) The Whois Privacy Service may be used with both new and existing
domain name registrations. You may use the Whois Privacy Service with
respect to a domain name that has been transferred but it will only commence
after the transfer has been completed. If you wish to transfer the domain
name to a different registrar,the Whois Privacy Service must be disabled in
order to initiate the transfer.
(e) We will send all obligatory
renewal and transfer related messages to the Contacts you have designated.
(f) Communications Forwarding. Communications received with respect to a
particular domain name registration will be handled as follows:
(i) We will forward to you or a Contact all correspondence received by
registered mail or traceable courier. This information may be opened,
scanned and emailed to you or your Contact.. Regular postal mail will be
discarded or returned to sender at our discretion.
(ii) Email
correspondence will be forwarded according to the instructions of the
Registrant as they appear in our records.
(iii) A voice mail message
will advise all callers that inbound messages will not be accepted; calls
will be directed to the contactprivacy.com web site where written messages
will be forwarded according to your instructions.
(iv) We will only
be responsible for forwarding communications where our details have appeared
in the whois and when your Whois Information is accurate, complete and up to
date.
(g) Right to Suspend and Disable. We shall have the right, at our sole
discretion and without liability to you or any of your Contacts, suspend or
cancel your domain name and to reveal Registrant and Contact Whois
Information in certain circumstances, including but not limited to the
following:
(i) when required by law.
(ii) in the good faith belief that
disclosure is necessary to further determination of an alleged breach of a
law.
(iii) to comply with a legal process served upon ArabsGate.
(iv) to resolve any and all third party claims including but not limited to
ICANN's or a Registry's dispute resolution policy.
(v) to avoid
financial loss or legal liability.
(vi) if we believe that you or one
of your Contacts is using the Whois Privacy Service to conceal involvement
with illegal, objectionable or harmful activities.
(vii) to transmit
SPAM, viruses, worms or other harmful computer programs.
(h) You understand and agree that, in the event that we receive a formal
complaint, notice of claim or UDRP, that we will have the right to disable
the Whois Privacy Service pending final disposition of the matter.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY
REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
|