Common use of Electronic Transactions, Electronic Records and Notices Clause in Contracts

Electronic Transactions, Electronic Records and Notices. You hereby agree and consent that this Agreement may be concluded, and that any and all transactions, notices, records and other communications relating hereto may be provided, throughout the term of this Agreement and thereafter, to the extent relating to this Agreement or any transactions hereunder, by electronic means. Any notices or other communications to You relating to this Agreement may be provided in writing, facsimile, or by electronic means (such as email) to the address, fax number or email address of the administrative contact that You have submitted to us (as may be updated as set forth in this Agreement). Any notices or other communications to Provider relating to this Agreement shall be in writing and addressed to the primary contact address set forth on Provider’s web site (or such other address as Provider may give notice of hereunder). Any notices and other communications given in writing in accordance with the foregoing shall be deemed received upon delivery. Any notices and other communications given by facsimile or electronic means in accordance with the foregoing shall be deemed received when dispatched. BY CLICKING ON THE “I ACCEPT” BUTTON BELOW, YOU ACKNOWLEDGE THAT (I) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, INCLUDING ANY EXHIBITS AND APPENDICES HERETO, (II) YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, (III) THE INDIVIDUAL SO CLICKING HAS THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU AND, BY SO CLICKING, THIS AGREEMENT CONSTITUTES BINDING AND ENFORCEABLE OBLIGATIONS OF YOU. A. Additional Terms for Defensive Registrations. With respect to defensive registrations, as such service is described in Provider’s applicable service descriptions and in the applicable Registry Operators Policies and other documentation (“Defensive Registrations”): 1. You must provide (i) the name, in ASCII characters, of the trademark or service mark being registered, (ii) the date the registration issued, (iii) the country of registration, and (iv) the registration number or similar identifier used by the registration authority. Such information shall be deemed “Customer Data” for all purposes of the Agreement. Without limiting the foregoing, by providing any data relating to a Defensive Registration, You represent and warrant that You are the holder of a current (non-expired) trademark or service mark having national effect that issued prior to April 16, 2001, and that the Requested Domain Name within the .name TLD is identical to the textual or word elements of such trademark or service mark, using ASCII characters only, and that all information You submit in connection with Request relating to a Defensive Registration is true, complete and accurate. 2. You acknowledge that You have read and understood, and You agree to be bound by all the terms and conditions of the ERDRP as it applies to Defensive Registrations. 3. The initial Registration Period for Defensive Registrations is ten (10) years. Any renewal Registration Period for Defensive Registration period is ten (10) years. B. Additional Terms for SLD E-Mail Registrations With respect to SLD e-mail registrations, as such service is described in Provider’s applicable service descriptions and in the applicable Registry Operators Policies and other documentation (“SLD E-Mail Registrations”): 1. You agree to use Your SLD E-Mail Registration in accordance with, and that any such use shall be subject to, all applicable laws, regulations, other standards for use of e-mail, including without limitation the Acceptable Use Policy available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇/downloads/aup.pdf, and RFC 2505 (Anti-Spam Recommendations for SMTP MTAs), as well all other terms and conditions of this Agreement 2. Without limiting the generality of the foregoing, You shall not (i) encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, infringement, violation or misappropriation of any intellectual property rights or other proprietary rights or publishing defamatory material; (ii)gain or attempt to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network; (iii) interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or (iv) engage in spamming or similar activities, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list. 3. You must not provide false names or in any other way pose as somebody else. 4. Provider and, if different, Registrar and the applicable Registry Operator reserve all rights to implement any anti-spam measures, to block spam or mail from systems with a history of abuse, or otherwise regulate and the use of SLD E-Mail Registrations. 5. You understand and agree that Provider and, if different, Registrar and the applicable Registry Operator may delete any material, block access, or otherwise refuse or discontinue service or take appropriate measures in the event it reasonably determines that You have breached or violated any terms or conditions of this Agreement. Provider and, if different, Registrar and the applicable Registry Operator further reserve the right to immediately discontinue SLD E- Mail Registrations and related services without notice if the technical stability of any systems or services is threatened in any way, or if You are in breach or have otherwise violated any terms and conditions of this Agreement. In no event shall Provider or, if different, Registrar or the applicable Registry Operator be obligated to store any contents or to forward any email to You or a third party. 1. At the conclusion of the Registration Period, failure by or on behalf of the Customer to consent that the registration be renewed within the time specified in a second notice or reminder shall, in the absence of extenuating circumstances, result in cancellation of the Registered Domain Name by the end of the auto-renew grace period of forty-five (45) days. Registrar may choose to cancel the name earlier. 2. Extenuating circumstances are defined as: UDRP action, valid court order, failure of Registrar's renewal process (which does not include failure of a Customer to respond), the Registered Domain Name is used by a name server that provides DNS service to third-parties (additional time may be required to migrate the records managed by the name server), the Customer is subject to bankruptcy proceedings, payment dispute (where a Customer claims to have paid for a renewal, or a discrepancy in the amount paid), billing dispute (where a Customer disputes the amount on a bill), Registered Domain Name subject to litigation in a court of competent jurisdiction, or other circumstance as approved specifically by ICANN. 3. Where Registrar chooses, under extenuating circumstances, to renew a Registered Domain Name without the explicit consent of the Customer, Registrar must maintain a record of the extenuating circumstances associated with renewing that specific Registered Domain Name for inspection by ICANN. 4. In the absence of extenuating circumstances (as defined above), a Registered Domain Name will be deleted within forty-five (45) days of expiration or termination of the applicable registration agreement. Registrar may choose to delete the Registered Domain Name earlier, provided Registrar has provided notice to Customer of such time or time frame relative to the expiration of the Registration Period. 5. In the event that a Registered Domain Name which is the subject of a UDRP dispute is deleted or expires during the course of the dispute, the complainant in the UDRP dispute will have the option to renew or restore the name under the same commercial terms as the Customer. If the complainant renews or restores the name, the name will be placed in Registrar HOLD and Registrar LOCK status, the WHOIS contact information for the Customer will be removed, and the WHOIS entry will indicate that the name is subject to dispute. If the complaint is terminated, or the UDRP dispute finds against the complainant, the name will be deleted within forty-five (45) days. The Customer retains the right under the existing redemption grace period provisions to recover the name at any time during the redemption grace period, and retains the right to renew the name before it is deleted. Additional Terms and Conditions for .cn TLD Registrations

Electronic Transactions, Electronic Records and Notices. You hereby agree and consent that this Agreement may be concluded, and that any and all transactions, notices, records and other communications relating hereto may be provided, throughout the term of this Agreement and thereafter, to the extent relating to this Agreement or any transactions hereunder, by electronic means. Any notices or other communications to You relating to this Agreement may be provided in writing, facsimile, or by electronic means (such as email) to the address, fax number or email address of the administrative contact that You have submitted to us (as may be updated as set forth in this Agreement). Any notices or other communications to Provider relating to this Agreement shall be in writing and addressed to the primary contact address set forth on Provider’s web site (or such other address as Provider may give notice of hereunder). Any notices and other communications given in writing in accordance with the foregoing shall be deemed received upon delivery. Any notices and other communications given by facsimile or electronic means in accordance with the foregoing shall be deemed received when dispatched. BY CLICKING ON THE “I ACCEPT” BUTTON BELOW, YOU ACKNOWLEDGE THAT (I) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, INCLUDING ANY EXHIBITS AND APPENDICES HERETO, (II) YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, (III) THE INDIVIDUAL SO CLICKING HAS THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU AND, BY SO CLICKING, THIS AGREEMENT CONSTITUTES BINDING AND ENFORCEABLE OBLIGATIONS OF YOU. A. Additional Terms for Defensive Registrations. With respect to defensive registrations, as such service is described in Provider’s applicable service descriptions and in the applicable Registry Operators Policies and other documentation (“Defensive Registrations”): 1. You must provide (i) the name, in ASCII characters, of the trademark or service mark ▇▇▇▇ being registered, (ii) the date the registration issued, (iii) the country of registration, and (iv) the registration number or similar identifier used by the registration authority. Such information shall be deemed “Customer Data” for all purposes of the Agreement. Without limiting the foregoing, by providing any data relating to a Defensive Registration, You represent and warrant that You are the holder of a current (non-expired) trademark or service mark ▇▇▇▇ having national effect that issued prior to April 16, 2001, and that the Requested Domain Name within the .name TLD is identical to the textual or word elements of such trademark or service mark▇▇▇▇, using ASCII characters only, and that all information You submit in connection with Request relating to a Defensive Registration is true, complete and accurate. 2. You acknowledge that You have read and understood, and You agree to be bound by all the terms and conditions of the ERDRP as it applies to Defensive Registrations. 3. The initial Registration Period for Defensive Registrations is ten (10) years. Any renewal Registration Period for Defensive Registration period is ten (10) years. B. Additional Terms for SLD E-Mail Registrations With respect to SLD e-mail registrations, as such service is described in Provider’s applicable service descriptions and in the applicable Registry Operators Policies and other documentation (“SLD E-Mail Registrations”): 1. You agree to use Your SLD E-Mail Registration in accordance with, and that any such use shall be subject to, all applicable laws, regulations, other standards for use of e-mail, including without limitation the Acceptable Use Policy available at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇/downloads/aup.pdf, and RFC 2505 (Anti-Spam Recommendations for SMTP MTAs), as well all other terms and conditions of this Agreement 2. Without limiting the generality of the foregoing, You shall not (i) encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, infringement, violation or misappropriation of any intellectual property rights or other proprietary rights or publishing defamatory material; (ii)gain or attempt to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network; (iii) interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or (iv) engage in spamming or similar activities, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list. 3. You must not provide false names or in any other way pose as somebody else. 4. Provider and, if different, Registrar and the applicable Registry Operator reserve all rights to implement any anti-spam measures, to block spam or mail from systems with a history of abuse, or otherwise regulate and the use of SLD E-Mail Registrations. 5. You understand and agree that Provider and, if different, Registrar and the applicable Registry Operator may delete any material, block access, or otherwise refuse or discontinue service or take appropriate measures in the event it reasonably determines that You have breached or violated any terms or conditions of this Agreement. Provider and, if different, Registrar and the applicable Registry Operator further reserve the right to immediately discontinue SLD E- Mail Registrations and related services without notice if the technical stability of any systems or services is threatened in any way, or if You are in breach or have otherwise violated any terms and conditions of this Agreement. In no event shall Provider or, if different, Registrar or the applicable Registry Operator be obligated to store any contents or to forward any email to You or a third party. 1. At the conclusion of the Registration Period, failure by or on behalf of the Customer to consent that the registration be renewed within the time specified in a second notice or reminder shall, in the absence of extenuating circumstances, result in cancellation of the Registered Domain Name by the end of the auto-renew grace period of forty-five (45) days. Registrar may choose to cancel the name earlier. 2. Extenuating circumstances are defined as: UDRP action, valid court order, failure of Registrar's renewal process (which does not include failure of a Customer to respond), the Registered Domain Name is used by a name server that provides DNS service to third-parties (additional time may be required to migrate the records managed by the name server), the Customer is subject to bankruptcy proceedings, payment dispute (where a Customer claims to have paid for a renewal, or a discrepancy in the amount paid), billing dispute (where a Customer disputes the amount on a bill▇▇▇▇), Registered Domain Name subject to litigation in a court of competent jurisdiction, or other circumstance as approved specifically by ICANN. 3. Where Registrar chooses, under extenuating circumstances, to renew a Registered Domain Name without the explicit consent of the Customer, Registrar must maintain a record of the extenuating circumstances associated with renewing that specific Registered Domain Name for inspection by ICANN. 4. In the absence of extenuating circumstances (as defined above), a Registered Domain Name will be deleted within forty-five (45) days of expiration or termination of the applicable registration agreement. Registrar may choose to delete the Registered Domain Name earlier, provided Registrar has provided notice to Customer of such time or time frame relative to the expiration of the Registration Period. 5. In the event that a Registered Domain Name which is the subject of a UDRP dispute is deleted or expires during the course of the dispute, the complainant in the UDRP dispute will have the option to renew or restore the name under the same commercial terms as the Customer. If the complainant renews or restores the name, the name will be placed in Registrar HOLD and Registrar LOCK status, the WHOIS contact information for the Customer will be removed, and the WHOIS entry will indicate that the name is subject to dispute. If the complaint is terminated, or the UDRP dispute finds against the complainant, the name will be deleted within forty-five (45) days. The Customer retains the right under the existing redemption grace period provisions to recover the name at any time during the redemption grace period, and retains the right to renew the name before it is deleted. Additional Terms and Conditions for .cn TLD Registrations