OwnRegistrar Inc. Domain Registrant Agreement
This Domain Registrant Agreement (hereinafter referred to as the “Agreement”) between you
(“you”, “your” or “Registrant”) and OwnRegistrar Inc. (“Registrar”), sets forth the
terms and conditions of Registrar’s domain name registration service and other associated
services as described herein.
If you are entering into this agreement on behalf of a company or other legal entity, you
represent that you have the authority to bind such entity to these terms and conditions, in
which case the terms “you”, “your” and “Registrant” shall refer to such entity.
This Agreement explains our obligations to you, and your obligations to us in relation to each
Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward that you have
registered/reserved through or transferred to Registrar (“Order”), directly or indirectly,
whether or not you have been notified about Registrar.
This Agreement will become effective when the term of your Order begins with Registrar and
will remain in force until the Order remains as an active Order with Registrar. Registrar may
elect to accept or reject the Order application for any reason at its sole discretion, such
rejection including, but not limited to, rejection due to a request for a prohibited Order.
WHEREAS, Registrar is authorized to provide Internet registration and management services
for domain names within all gTLDs and ccTLDs.
AND WHEREAS, the Registrant is the Owner of a registration of a second-level domain name
(“the SLD”) in any of the .COM, .NET, .ORG, .BIZ, .INFO, .NAME and .US top level domain
(“the TLD”) or a .NAME Defensive Registration or a .NAME Mail Forward registered through
Registrar, directly or indirectly;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants
contained herein and for other good and valuable consideration, the receipt, adequacy and
sufficiency of which are hereby acknowledged, Registrar and the Registrant, intending to be
legally bound, hereby agree as follows:
1. DEFINITIONS
(1) “Business Day” refers to a working day between Mondays to Friday excluding all Public
Holidays.
(2) “Communications” refers to date, time, content, including content in any link, of all oral /
transmitted / written communications / correspondence between Registrar, and the
Registrant, and any Artificial Juridical Person, Company, Concern, Corporation, Enterprise,
Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal
Entity acting on their behalf.
(3) “Customer” refers to the customer of the Order as recorded in the Domain Registration
System Database
(4) “Domain Registration System” refers to the set of Servers, Software, Interfaces, Registrar
Products and API that is provided for use directly or indirectly under this Agreement by
Registrar and/or its Service Providers.
(5) “Domain Registration System Database” is the collection of data elements stored on the
Domain Registration System Servers.
(6) “Domain Registration System Servers” refer to Machines / Servers that Registrar or its
Service Providers maintain to fulfill services and operations of the Domain Registration System
(7) “Domain Registration System User” refers to the Customer and any Agent, Employee,
Contractee of the Customer or any other Legal Entity that has been provided access to the
“Domain Registration System” by the Customer, directly or indirectly.
(8) “Registrar” refers to the Registrar of record as shown in a Whois Lookup for the
corresponding Order at the corresponding Registry Operator
(9) “Registrar Products” refer to all Products and Services of Registrar which it has
provided/rendered/sold, or is providing/rendering/selling.
(10) “Registrar Servers” refer to web servers, Mailing List Servers, Database Servers, Domain
Registration System Servers, Whois Servers and any other Machines / Servers that Registrar
or its Service Providers Operate, for the Domain Registration System, the Registrar Website,
the Registrar Mailing Lists, Registrar Products and any other operations required to fulfill
services and operations of Registrar.
(11) “Registrar Website” refers to the website of registrar.
(12) “Registry Operator” refers individually and collectively to any Artificial Juridical Persons,
Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution,
Organization, Person, Society, Trust or any other Legal Entity that is involved in the
management of any portion of the registry of the TLD, including but not limited to policy
formation, technical management, business relationships, directly or indirectly as an appointed
contractor;
(13) “Resellers” – The Registrant may purchase the Order through a reseller, who in turn may
purchase the same through a reseller and so on (collectively known as the “Resellers”)
(14) “Service Providers” refers individually and collectively to any Artificial Juridical Persons,
Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution,
Organization, Person, Society, Trust or any other Legal Entity that the Customer and/or
Registrar and/or Service Providers (recursively) may, directly or indirectly, Engage / Employ /
Outsource / Contract for the fulfillment / provision / purchase of Registrar Products, Domain
Registration System, and any other services and operations of Registrar.
(15) “Whois” refers to the public service provided by Registrar and Registry Operator whereby
anyone may obtain certain information associated with the Order through a “Whois Lookup”
(16) “Whois Record” refers to the collection of all data elements of the Order, specifically its
Registrant Contact Information, Administrative Contact Information, Technical Contact
Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its
Registrar and its current Status in the Registry.
2. OBLIGATIONS OF THE REGISTRANT
(1) The Registrant agrees to provide, maintain and update, current, complete and accurate
information of the Whois Record and all the data elements about the Order in the Domain
Registration System Database during the term of the Order. Registrant agrees that provision
of inaccurate or unreliable information, and/or Registrant’s failure to promptly update
information, or non-receipt of a response for over five (5) calendar days to inquiries sent to
the email address of the Registrant or any other contact listed for the Order in the Domain
Registration System database concerning the accuracy of contact information associated with
the Order shall be constituted as a breach of this Agreement and a basis for freezing,
suspending, or deleting that Order
(2) The Registrant acknowledges that in the event of any dispute and/or discrepancy
concerning the data elements of the Order in the Domain Registration System Database, the
data element in the Domain Registration System Database records shall prevail.
(3) The Registrant acknowledges that the authentication information for complete control and
management of the Order will be accessible to the Registry Operator, Service Providers,
Resellers and the Customer. Any modification to the Order by the Resellers, Customer or
Service Providers will be treated as if it is authorized by the Registrant directly. Registrar is
not responsible for any modification to the Order by the Customer, Resellers, Registry
Operator, or Service Providers.
(4) The Registrant acknowledges that all communication about the Order will be only done
with the Customer or the Resellers of the Order. Registrar is not required to, and may not
directly communicate with the Registrant during the entire term of the Order.
(5) The Registrant shall comply with all terms or conditions established by Registrar, Registry
Operator and/or Service Providers from time to time.
(6) The Registrant must comply with all applicable terms and conditions, standards, policies,
procedures, and practices laid down by ICANN and the Registry Operator.
(7) During the term of this Agreement and for three years thereafter, the Registrant shall
maintain the following records relating to its dealings with Registrar, Resellers and their
Agents or Authorized Representatives: –
(1) In electronic, paper or microfilm form, all written communications with respect to the
Order.
(2) In electronic form, records of the accounts of the Order, including dates and amounts of all
payments, discount, credits and refunds.
The Registrant shall make these records available for inspection by Registrar upon reasonable
notice not exceeding 14 days.
3. REPRESENTATIONS AND WARRANTIES
Registrar and Registrant represent and warrant that: –
(1) They have all requisite power and authority to execute, deliver and perform their
obligations under this Agreement;
(2) This Agreement has been duly and validly executed and delivered and constitutes a legal,
valid and binding obligation, enforceable against Registrant and Registrar in accordance with
its terms;
(3) The execution, delivery, and performance of this Agreement and the consummation by
Registrar and the Registrant of the transactions contemplated hereby will not, with or without
the giving of notice, the lapse of time, or both, conflict with or violate: –
(1) any provision of law, rule, or regulation;
(2) any order, judgment, or decree;
(3) any provision of corporate by-laws or other documents; or
(4) any agreement or other instrument.
(4) the execution, performance and delivery of this Agreement has been duly authorized by
the Registrant and Registrar;
(5) No consent, approval, or authorization of, or exemption by, or filing with, any
governmental authority or any third party is required to be obtained or made in connection
with the execution, delivery, and performance of this Agreement or the taking of any other
action contemplated hereby;
The Registrant represents and warrants that:
(1) the Registrant has read and understood every clause of this Agreement
(2) the Registrant has independently evaluated the desirability of the service and is not relying
on any representation agreement, guarantee or statement other than as set forth in this
agreement; and
(3) the Registrant is eligible, to enter into this Contract according to the laws of his country
4. RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS
(1) Registrar, Service Providers and Registry Operator may change any information, of the
Order, or transfer the Order to another Registrant, or transfer the Order to another Customer,
upon receiving any authorization from the Registrant, or the Customer, or Resellers as maybe
prescribed by Registrar from time to time.
(2) Registrar, Service Providers and Registry Operator may provide/send any information,
about the Registrant, and the Order including Authentication information
(1) to the Registrant
(2) to any authorised representative, agent, contractee, employee of the Registrant upon
receiving authorization in any form as maybe prescribed by Registrar from time to time
(3) to the Customer, Resellers, Service Providers and Registry Operator
(4) to anyone performing a Whois Lookup for the Order
(3) Registrar in its own discretion can at any point of time with reasonable notification
temporarily or permanently cease to sell any Registrar Products
(4) Registrar and the Registry Operator, in their sole discretion, expressly reserve the right to
deny any Order or cancel an Order within 30 days of processing the same. In such case
Registrar may refund the fees charged for the Order, after deducting any processing charges
for the same.
(5) Registrar, Registry Operator and Service Providers, in their sole discretion, expressly
reserve the right to without notice or refund, delete, suspend, deny, cancel, modify, take
ownership of or transfer the Order, or to modify, upgrade, suspend, freeze Domain
Registration System, in order to recover any Payment from the Registrant, Customer or
Resellers, for any service rendered by Registrar including services rendered outside the scope
of this agreement, or to correct mistakes made by Registrar, Registry Operator or Service
Providers in processing or executing the Order, or incase of any breach of this Agreement, or
incase Registrar learns of a possibility of breach or violation of this Agreement which Registrar
in its sole discretion determines to be appropriate, or incase of Termination of this agreement,
or if Registrar learns of any such event which Registrar reasonably determines would lead to
Termination of this Agreement or would constitute as Breach thereof, or to protect the
integrity and stability of the Registrar Products, Domain Registration System, and the Registry
or to comply with any applicable laws, government rules or requirements, requests of law
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enforcement, or in compliance with any dispute resolution process, or in
accordance/compliance with any agreements executed by Registrar including but not limited
to agreements with Service Providers, and/or Registry Operator, and/or Customers and/or
Resellers, or to avoid any liability, civil or criminal, on the part of Registrar and/or Service
Providers, and/or the Registry Operator, as well as their affiliates, subsidiaries, officers,
directors and employees, or if the Registrant and/or Agents or any other authorized
representatives of the Registrant violate any applicable laws/government rules, including but
not limited to, intellectual property, copyright, patent, anti-spam, or Registrar learns of the
possibility of any such violation or upon appropriate authorization (what constitutes
appropriate authorization is at the sole discretion of Registrar) from the Registrant or
Customer or Reseller or their authorized representatives, or if Registrar, Registry Operator or
Service Providers in their sole discretion determine that the information associated with the
Order is inaccurate, or has been tampered with, or has been modified without authorization,
or if Registrar or Service Providers in their sole discretion determine that the ownership of the
Order should belong to another entity, or if Reseller/Customer/Registrant does not comply
with any applicable terms and conditions, standards, policies, procedures, and practices laid
down by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or for any
appropriate reason. Registrar or Registry Operator, also reserve the right to freeze the Order
during resolution of a dispute. The Registrant agrees that Registrar, Registry Operator and
Service Providers, and the contractors, employees, directors, officers, representatives, agents
and affiliates, of Registrar, Registry Operator and Service Providers, are not liable for loss or
damages that may result from any of the above.
(6) Registrar and Service Providers can choose to redirect an Order to any IP Address
including, without limitation, to an IP address which hosts a parking page or a commercial
search engine, if an Order has expired, or is suspended, or does not contain valid Name
Servers to direct it to any destination.
(7) Registrar and Registry Operator has the right to rectify any mistakes in the data in the
Domain Registration System Database with retrospective effect.
5. DISPUTE PROCESS
The Registrant agrees that, if the use of the Order is challenged by a third party, the
Registrant will be subject to the provisions of the appropriate Dispute policy for that Order as
mentioned in the appropriate Appendix in effect at the time of the dispute. The Registrant
agrees that in the event a dispute arises with any third party, the Registrant will indemnify
and hold Registrar, Registry Operator (VeriSign/ NeuLevel/ NeuStar/ Afilias/ Public Interest
Registry) and Service Providers harmless in all circumstances, and that Registrar, Registry
Operator and Service Providers will have no liability of any kind for any loss or liability
resulting from any such dispute, including the decision and final outcome of such dispute. If a
complaint has been filed with a judicial or administrative body regarding the Registrant’s use
of the Order, the Registrant agrees not to make any changes to the Order without Registrar’s
prior approval. Registrar may not allow the Registrant to make changes to such Order until:
(1) Registrar is directed to do so by the judicial or administrative body, or
(2) Registrar receives notification, in a manner prescribed by Registrar from time to time, by
the Registrant and the other party contesting the Registrant registration or use of the Order,
that the dispute has been settled.
6. TERM OF AGREEMENT / RENEWALS
(1) The term of this Agreement shall continue until the registrant of the Order in the Domain
Registration System database continues to be the Registrant and the Order continues to exist
and the Order Registration term continues to exist.
(2) Registrant acknowledges that it is the Registrant’s responsibility to keep records and
maintain reminders regarding the expiry of any Order. As a convenience to the Registrant, and
not as a binding commitment, we may notify the Customer, via an email message sent to the
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contact information associated with the Customer in the Domain Registration System
database, about the expiry of the Order. Should renewal fees go unpaid for an Order, the
Order will expire.
(3) Registrant acknowledges that after expiration of the term of an Order, Registrant has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to the Registrar. Registrar and Service Providers may make any modifications to said Order or any information associated with said Order. Registrar and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Registrar and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Registrar and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Registrar and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion.
(4) Registrar at its sole discretion may allow the renewal of the Order after Order expiry, and
such renewal term will start as on the date of expiry of the Order, unless otherwise specified.
Such process may be charged separately. Such renewal after the expiry of the Order may not
result in exact reinstatement of the Order in the same form as it was prior to expiry.
(5) Registrar makes no guarantees about the number of days, after deletion of an Order, after
which the same Order will once again become available for purchase
(6) This Agreement shall terminate immediately in the event
(1) Registrar’s contract with the Service Providers for the fulfillment of such Order is
terminated or expires without renewal
(2) Registrar’s contract with the Registry Operator is terminated or expires without renewal
(3) Registry Operator ceases to be the Registry Operator for the particular TLD
(4) of Registrant-Registrant Transfer as per Section 8
(5) of Registrar-Registrar Transfer as per Section 9
(7) Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify the
Order and suspend Domain Registration System Users’ access to the Domain Registration
System with immediate effect, upon the sole discretion of Registrar
(8) Neither Party shall be liable to the other for damages of any sort resulting solely from
terminating this Agreement in accordance with its terms, unless specified otherwise. The
Registrant however shall be liable for any damage arising from any breach by it of this
Agreement.
7. FEES / RENEWAL
Payment of fees shall be governed as per the Payment Terms and Conditions set out in
Appendix ‘C’
8. REGISTRANT - REGISTRANT TRANSFER
(1) Registrar may transfer the Order of the Registrant to another registrant under the
following circumstances: –
(1) Authorization from the Registrant and/or their Agent or Authorized Representative in a
manner prescribed by Registrar from time to time;
(2) Authorization from the Customer and/or the Reseller in a manner prescribed by Registrar
(3) On receiving orders from a competent Court or Law Enforcement Agency;
(4) For fulfillment of a decision in a domain dispute resolution
(5) Breach of Contract;
(6) Termination of this Agreement;
(7) Registrar learns of any such event, which Registrar reasonably determines would lead to
Termination of this Agreement, or would constitute as Breach thereof.
(2) In the above circumstances the Registrant shall extend full cooperation to Registrar in
transferring the Order of the Registrant to another registrant including without limitation,
handing over all data required to be stored by the Registrant as per Section 3(5), and
complying with all requirements to facilitate a smooth transfer.
(3) The Registrant’s Order may not be transferred until Registrar receives such written
assurances or other reasonable assurance that the new registrant has been bound by the
contractual terms of this Agreement (such reasonable assurance as determined by Registrar in
its sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determined
by Registrar in its sole discretion) to the terms and conditions in this Agreement, any such
transfer maybe considered by Registrar as null and void in its sole discretion.
9. REGISTRAR-REGISTRAR TRANSFER
(1) The Registrant acknowledge and agree that during the first 60 days after initial registration
of the Order, or after expiration of the Order the Registrant will not be able to transfer the
Order to another Registrar.
(2) The Registrant agrees to provide authorization to Registrar for the transfer of the Order to
another Registrar. Registrar, in its sole discretion will determine, if such authorization is
adequate to allow the Transfer.
(3) The Registrant’s request to transfer to another Registrar may be denied in situations
described in this Agreement including, but not limited to:
(1) a dispute over the identity of the domain name holder;
(2) bankruptcy; and default in the payment of any fees
(3) any pending dues from the Customer or Resellers’ or Registrant for any services rendered,
whether under this agreement or otherwise
(4) any pending Domain Dispute Resolution process with respect to the Order
(5) if the Order has been locked or suspended by the Customer or Resellers
(4) Registrar may at its sole discretion lock or suspend the Order to prevent a Domain
Transfer
10. LIMITATION OF LIABILITY
IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR
CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT FOR ANY
LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS,
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OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EVEN IF REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT
NOT LIMITED TO:
(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF
AUTHENTICATION INFORMATION;
(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION
21 OF THIS AGREEMENT;
(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;
(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY
AND ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;
(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.
If any legal action or other legal proceeding (including arbitration) relating to the performance
under this Agreement or the enforcement of any provision of this Agreement is brought
against Registrar by the Registrant, then in no event will the liability of Registrar exceed actual
amount received by Registrar for the Order minus direct expenses incurred with respect to the
Order.
REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS
BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT
WILL THE LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT
RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.
11. INDEMNIFICATION
(1) The Registrant, at its own expense, will indemnify, defend and hold harmless, Registrar,
Service Provider, Registry Operator (VeriSign/ NeuLevel/ NeuStar/ Afilias/ Public Interest
Registry), Resellers and the contactors, employees, directors, officers, representatives, agents
and affiliates, of Registrar, Registry Operator(VeriSign/ NeuLevel/ NeuStar/ Afilias/ Public
Interest Registry), Service Providers, and Resellers against any claim, suit, action, or other
proceeding brought against them based on or arising from any claim or alleged claim, of third
parties relating to or arising under this Agreement, Registrar Products provided hereunder, or
any use of the Registrar Products, including without limitation:-
(1) infringement by the Registrant, or someone else using a Registrar Product with the
Registrant’s computer, of any intellectual property or other proprietary right of any person or
entity
(2) arising out of any breach by the Registrant of this Agreement.
(3) arising out of, or related to, the Order or use of the Order
However, that in any such case Registrar may serve either of the Registrant with notice of any
such claim and upon their written request, Registrar will provide to them all available
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information and assistance reasonably necessary for them to defend such claim, provided that
they reimburse Registrar for its actual costs.
(2) The Registrant will not enter into any settlement or compromise of any such indemnifiable
claim without Registrar’s prior written consent, which shall not be unreasonably withheld.
(3) The Registrant will pay any and all costs, damages, and expenses, including, but not
limited to, actual attorneys’ fees and costs awarded against or otherwise incurred by Registrar
in connection with or arising from any such indemnifiable claim, suit, action or proceeding.
12. INTELLECTUAL PROPERTY
Subject to the provisions of this Agreement, each Party will continue to independently own
his/her/its intellectual property, including all patents, trademarks, trade names, domain
names, service marks, copyrights, trade secrets, proprietary processes and all other forms of
intellectual property. Any improvements to existing intellectual property will continue to be
owned by the Party already holding such intellectual property.
Without limiting the generality of the foregoing, no commercial use rights or any licenses
under any patent, patent application, copyright, trademark, know-how, trade secret, or any
other intellectual proprietary rights are granted by Registrar to the Registrant, or by any
disclosure of any Confidential Information to the Registrant under this Agreement.
Registrant shall further ensure that the Registrant does not infringe any intellectual property
rights or other rights of any person or entity, or does not publish any content that is libelous
or illegal while using services under this Agreement. Registrant acknowledges that Registrar
cannot and does not check to see whether any service or the use of the services by the
Registrant under this Agreement, infringes legal rights of others.
13. OWNERSHIP AND USE OF DATA
(1) You agree and acknowledge that Registrar owns all data, compilation, collective and
similar rights, title and interests worldwide in the Domain Registration System Database, and
all information and derivative works generated from the Domain Registration System
Database.
(2) Registrar, Service Providers and the Registry Operator and their designees/agents have
the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form
and manner as maybe required for compliance of any agreements executed by Registrar, or
Registry Operator or Service Providers, or in order to fulfill services under this Agreement, or
for any other appropriate reason.
14. DELAYS OR OMISSIONS; WAIVERS
No failure on the part of any Party to exercise any power, right, privilege or remedy under this
Agreement, and no delay on the part of any Party in exercising any power, right, privilege or
remedy under this Agreement, shall operate as a waiver of such power, right, privilege or
remedy; and no single or partial exercise or waiver of any such power, right, privilege or
remedy shall preclude any other or further exercise thereof or of any other power, right,
privilege or remedy.
No Party shall be deemed to have waived any claim arising out of this Agreement, or any
power, right, privilege or remedy under this Agreement, unless the waiver of such claim,
power, right, privilege or remedy is expressly set forth in a written instrument on behalf of
such Party; and any such waiver shall not be applicable or have any effect except in the
specific instance in which it is given.
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of
any other provision (whether or not similar), nor shall such waiver constitute a waiver or
continuing waiver unless otherwise expressly provided in writing.
15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT
(1) During the period of this Agreement, the Registrant agrees that Registrar may: –
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement
(2) Registrar, or the Registry Operator or any corresponding/designated policy formulating
body may revise ANY of the Dispute policies, and eligibility criteria set forth in the various
appendices as well as in any of the external URLs referenced within the appendices
(3) Any such revision or change will be binding and effective immediately on posting of the
revision on the Registrar Website or the corresponding URL referenced in this Agreement
(4) The Registrant agrees to review the Registrar Website and all other URLs referenced in this
Agreement, periodically, to be aware of any such revisions
(5) The Registrant agrees that, continuing use of the services under this Agreement following
any revision, will constitute as an acceptance of any such revisions or changes
(6) The Registrant acknowledges that if the Registrant does not agree to any such
modifications, the Registrant may terminate this Agreement within 30 days of such revision.
In such circumstance Registrar will not refund any fees paid by the Registrant.
16. PUBLICITY
The Registrant shall not create, publish, distribute, or permit any written / Oral / electronic
material that makes reference to us or our Service Providers or uses any of Registrar’s
registered Trademarks / Service Marks or our Service Providers’ registered Trademarks /
Service Marks without first submitting such material to us and our Service Providers and
receiving prior written consent.
The Registrant gives Registrar the right to use the Registrant names in marketing /
promotional material with regards to Registrar Products to Visitors to the Registrar Website,
Prospective Clients and existing and new customers.
17. TAXES
The Registrant shall be responsible for sales tax, consumption tax, transfer duty, custom duty,
octroi duty, excise duty, income tax, and all other taxes and duties, whether international,
national, state or local, however designated, which are levied or imposed or may be levied or
imposed, with respect to this Agreement and the Registrar Products.
18. FORCE MAJEURE
Neither party shall be liable to the other for any loss or damage resulting from any cause
beyond its reasonable control (a “Force Majeure Event”) including, but not limited to,
insurrection or civil disorder, riot, war or military operations, national or local emergency, acts
or directives or omissions of government or other competent authority, compliance with any
statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of
any kind (whether or not involving either party’s employees), any Act of God, fire, lightning,
explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional
severity, equipment or facilities breakages / shortages which are being experienced by
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providers of telecommunications services generally, or other similar force beyond such Party’s
reasonable control, and acts or omissions of persons for whom neither party is responsible.
Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with
either party’s performance of this Agreement, such party shall be excused from performance
of its obligations (other than payment obligations) during the first six months of such
interference, provided that such party uses best efforts to avoid or remove such causes of non
performance as soon as possible.
19. ASSIGNMENT / SUBLICENSE
Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to
the benefit of and be binding upon, the successors and assigns of the Parties; provided,
however, that any such successor or assign be permitted pursuant to the Articles, Bylaws or
policies of Registrar.
The Registrant shall not assign, sublicense or transfer its rights or obligations under this
Agreement to any third person/s except as provided for in Section 8 (REGISTRANT –
REGISTRANT TRANSFER) or with the prior written consent of Registrar.
Registrant agrees that if Registrant licenses the use of the Order to a third party, the
Registrant nonetheless remains the Registrant of record, and remains responsible for all
obligations under this Agreement.
20. NO GUARANTEE
The Registrant acknowledges that registration or reservation of the Order does not confer
immunity from objection to the registration, reservation, or use of the Order.
21. DISCLAIMER
THE DOMAIN REGISTRATION SYSTEM, REGISTRAR SERVERS, Domain Registration System
Servers, Registrar Website AND ANY OTHER SOFTWARE / API / SPECIFICATION /
DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON “AS IS” AND “WHERE IS”
BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.
REGISTRAR AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS
AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.
REGISTRAR AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE
LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, DOMAIN
REGISTRATION SYSTEM OR BY ACCESSING REGISTRAR SERVERS. WITHOUT LIMITING THE
FOREGOING, REGISTRAR AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR
GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH
DOMAIN REGISTRATION SYSTEM OR REGISTRAR SERVERS WILL BE FREE OF INFECTION BY
VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE
PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE DOMAIN
REGISTRATION SYSTEM/REGISTRAR SERVERS WILL NOT CONTAIN ADULT-ORIENTED
MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C)
THE FUNCTIONS OR SERVICES PERFORMED BY REGISTRAR AND SERVICE PROVIDERS WILL
BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE DOMAIN
REGISTRATION SYSTEM WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS
AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE,
SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR
12
ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO
YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER
REGISTRAR AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS
TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS
LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR
RELIABILITY. REGISTRAR AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR
OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO
NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS
TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
FURTHERMORE, REGISTRAR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE DOMAIN REGISTRATION SYSTEM, DOMAIN
REGISTRATION SYSTEM SERVERS, REGISTRAR WEBSITE AND ANY OTHER SOFTWARE / API /
SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
22. JURISDICTION & ATTORNEY'S FEES
This Agreement shall be governed by and interpreted and enforced in accordance with the
laws of India applicable therein without reference to rules governing choice of laws. Any action
relating to this Agreement must be brought in Mumbai High Court or Court sub-ordinate to it,
situated in Mumbai. Registrar reserves the right to enforce the law in the
Country/State/District where the Registered/Corporate/Branch Office, or Place of
Management/Residence of the Registrant is situated as per the laws of that
Country/State/District.
If any legal action or other legal proceeding relating to the performance under this Agreement
or the enforcement of any provision of this Agreement is brought against either Party hereto,
the prevailing Party shall be entitled to recover reasonable attorneys’ fees, costs and
disbursements (in addition to any other relief to which the prevailing Party may be entitled.
For the adjudication of disputes concerning or arising from use of the Order, the Registrant
shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction
of the courts (1) of the Registrant’s domicile and (2) the Registrar’s country of incorporation
23. MISCELLANEOUS
(1) Any reference in this Agreement to gender shall include all genders, and words importing
the singular number only shall include the plural and vice versa.
(2) There are no representations, warranties, conditions or other agreements, express or
implied, statutory or otherwise, between the Parties in connection with the subject matter of
this Agreement, except as specifically set forth herein.
(3) The Parties shall attempt to resolve any disputes between them prior to resorting to
litigation through mutual understanding or a mutually acceptable Arbitrator.
(4) This Agreement shall inure to the benefit of and be binding upon Registrar and the
Registrant as well as all respective successors and permitted assigns.
(5) Survival: In the event of termination of this Agreement for any reason, Sections 1, 2, 4, 5,
6, 7, 10, 11, 12, 13, 14, 16, 17, 20, 21, 22, 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23,
23(3), 23(5), 23(7), 23(11), 24(2) and all of Appendix A, and all Sections of Appendix B shall
survive.
(6) This Agreement does not provide and shall not be construed to provide third parties (i.e.
non-parties to this Agreement), with any remedy, claim, and cause of action or privilege
against Registrar.
(7) The Registrant, Registrar, its Service Providers, Registry Operator, Resellers, and
Customer are independent contractors, and nothing in this Agreement will create any
partnership, joint venture, agency, franchise, and sales representative or employment
relationship between the parties.
(8) Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the
other Party hereto such instruments and other documents, and shall take such other actions,
as such other Party may reasonably request for the purpose of carrying out or evidencing any
of the transactions contemplated / carried out, by / as a result of, this Agreement.
(9) Construction: The Parties agree that any rule of construction to the effect that ambiguities
are to be resolved against the drafting Party shall not be applied in the construction or
interpretation of this Agreement.
(10) Entire Agreement; Severability: This Agreement, which includes Appendix A, Appendix B,
Appendix C, Appendix D, Appendix E, Appendix F, Appendix G, Appendix H constitutes the
entire agreement between the Parties concerning the subject matter hereof and supersedes
any prior agreements, representations, statements, negotiations, understandings, proposals or
undertakings, oral or written, with respect to the subject matter expressly set forth herein. If
any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party
agrees that such provision shall be enforced to the maximum extent permissible so as to
effect the intent of the Parties, and the validity, legality and enforceability of the remaining
provisions of this Agreement shall not in any way be affected or impaired thereby. If
necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend
this Agreement to replace the unenforceable language with enforceable language that reflects
such intent as closely as possible.
(11) The division of this Agreement into Sections, Subsections, Appendices, Extensions and
other Subdivisions and the insertion of headings are for convenience of reference only and
shall not affect or be used in the construction or interpretation of this Agreement.
(12) This agreement may be executed in counterparts
(13) Language. All notices, designations, and specifications made under this Agreement shall
be made in the English Language only.
(14) Dates and Times. All dates and times relevant to this Agreement or its performance shall
be computed based on the date and time observed in Mumbai, India (IST) i.e. GMT+5:30
24. BREACH
In the event that Registrar suspects breach of any of the terms and conditions of this
Agreement:
(1) Registrar can immediately, without any notification and without assigning any reasons,
suspend / terminate the Registrants access to the Domain Registration System Server.
(2) The Registrant will be immediately liable for any damages caused by any breach of any of
the terms and conditions of this Agreement.
(3) Registrar can immediately, without any notification and without assigning any reasons,
delete / suspend / terminate / freeze the Order.
25. NOTICE
(1) Any notice or other communication required or permitted to be delivered to Registrar
under this Agreement shall be in writing unless otherwise specified and shall be deemed
properly delivered when delivered to contact address specified on the Registrar Website by
registered mail or courier. Any communication shall be deemed to have been validly and
effectively given, on the date of receiving such communication, if such date is a Business Day
and such delivery was made prior to 17:30 (Indian Standard Time) and otherwise on the next
Business Day.
(2) Any notice or other communication required or permitted to be delivered to the Registrant
under this Agreement shall be in writing unless otherwise specified and shall be deemed
properly delivered, given and received when delivered to contact address of the Registrant in
the Domain Registration System Database.
(3) Any notice or other communication to be delivered to any party via email under this
agreement shall be deemed to have been properly delivered if sent in case of Registrar to its
Legal Contact mentioned on the Registrar Website and in case of the Registrant to their
respective email address in the Domain Registration System Database.
APPENDIX 'A'
TERMS AND CONDITIONS OF Domain Registration System USAGE
This Appendix A covers the terms of access to the Domain Registration System. Any violation
of these terms will constitute a breach of agreement, and grounds for immediate termination
of this Agreement.
1. ACCESS TO Domain Registration System
(1) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend
Domain Registration System Users’ access to the Domain Registration System in the event of
significant degradation of the Domain Registration System, or at any time Registrar may deem
necessary.
(2) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications
to the Domain Registration System from time to time.
(3) Access to the Domain Registration System is controlled by authentication information
provided by Registrar. Registrar is not responsible for any action in the Domain Registration
System that takes place using this authentication information whether authorized or not.
(4) Registrar is not responsible for any action in the Domain Registration System by a Domain
Registration System User
(5) Domain Registration System User will not attempt to hack, crack, gain unauthorized
access, misuse or engage in any practice that may hamper operations of the Domain
Registration System including, without Limitation temporary / permanent slow down of the
Domain Registration System, damage to data, software, operating system, applications,
hardware components, network connectivity or any other hardware / software that constitute
the Domain Registration System and architecture needed to continue operation thereof.
(6) Domain Registration System User will not send or cause the sending of repeated
unreasonable network requests to the Domain Registration System or establish repeated
unreasonable connections to the Domain Registration System. Registrar will in its ABSOLUTE
and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of
requests or connections.
(7) Domain Registration System User will take reasonable measures and precautions to ensure
secrecy of authentication information.
(8) Domain Registration System User will take reasonable precautions to protect Domain
Registration System Data from misuse, unauthorized access or disclosure, alteration, or
destruction.
(9) Registrar shall not be responsible for damage caused due to the compromise of your
Authentication information in any manner OR any authorized/unauthorized use of the
Authentication Information.
(10) Registrar shall not be liable for any damages due to downtime or interruption of Domain
Registration System for any duration and any cause whatsoever.
(11) Registrar shall have the right to temporarily or permanently suspend access of a Domain
Registration System User to the Domain Registration System if Registrar in its ABSOLUTE and
UNFETTERED SOLE DISCRETION suspects misuse of the access to the Domain Registration
System, or learns of any possible misuse that has occurred, or will occur with respect to a
Domain Registration System User.
(12) Registrar and Service Providers reserve the right to, in their sole discretion, reject any
request, network connection, e-mail, or message, to, or passing through, Domain Registration
System
2. Terms of USAGE OF Domain Registration System
(1) Registrant, or its contractors, employees, directors, officers, representatives, agents and
affiliates and Domain Registration System Users, either directly or indirectly, shall not use or
permit use of the Domain Registration System, directly or indirectly, in violation of any
federal, state or local rule, regulation or law, or for any unlawful purpose, or to promote adultoriented or “offensive” material, or related to any unsolicited bulk e-mail directly or indirectly
(such as by referencing an Domain Registration System provided service within a spam email
or as a reply back address), or related to ANY unsolicited marketing efforts offline or online,
directly or indirectly, or in a manner injurious to Registrar, Registry Operator, Service
Providers or their Resellers, Customers, or their reputation, including but not limited to the
following –
(1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial
newsgroups, etc.)
(2) Posting a single article or substantially similar articles to an excessive number of
newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic
according to the newsgroup charter or the article provokes complaints from the readers of the
newsgroup for being off-topic)
(3) Sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to
as spamming) which provokes complaints from any of the recipients; or engaging in
spamming from any provider
(4) Offering for sale or otherwise enabling access to software products that facilitate the
sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses
(“spamware”)
(5) Advertising, transmitting, linking to, or otherwise making available any software, program,
product, or service that is designed to violate these terms, including but not limited to the
facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service
attacks, and piracy of software
(6) Harassment of other individuals utilizing the Internet after being asked to stop by those
individuals, a court, a law-enforcement agency and/or Registrar
(7) Impersonating another user or entity or an existing company/user/service or otherwise
falsifying one’s identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any
other Internet service, or for the purpose of directing traffic of said user or entity elsewhere
(8) Using Domain Registration System services to point to or otherwise direct traffic to,
directly or indirectly, any material that, in the sole opinion of Registrar, is associated with
spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of
copyright law, or contains material judged, in the sole opinion of Registrar, to be threatening
or obscene or inappropriate
(9) Using Domain Registration System directly or indirectly for any of the below activities:
(a) Transmitting Unsolicited Commercial e-mail (UCE)
(b) Transmitting bulk e-mail
(c) Being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS
Blacklist
(d) Posting bulk Usenet/newsgroup articles
(e) Denial of Service attacks of any kind
(f) Excessive use of any web service obtained under this agreement beyond reasonable limits
as determined by the Registrar in its sole discretion
(g) Copyright or trademark infringement
(h) Unlawful or illegal activities of any kind
(i) Promoting net abuse in any manner (providing software, tools or information which
enables, facilitates or otherwise supports net abuse)
(j) Causing lossage or creating service degradation for other users whether intentional or
inadvertent.
(2) Registrar in its sole discretion will determine what constitutes as violation of appropriate
usage including but not limited to all of the above.
(3) Data in the Domain Registration System Database cannot be used for any purpose other
than those listed below, except if explicit written permission has been obtained from Registrar:
1. To perform services contemplated under this agreement; and
2. To communicate with Registrar on any matter pertaining to Registrar or its services
(4) Data in the Domain Registration System Database cannot specifically be used for any
purpose listed below :-
1. Mass Mailing or SPAM; and
2. Selling the data
(5) Domain Privacy Service
a) If you have opted for domain privacy protection services (“Domain Privacy”), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by the Company as determined in its sole discretion (the “Private WHOIS Contact Information”).
b) Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy Protection service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.
c) The Domain Privacy Protection service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. The Company may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.
d) If any domain name for which you are using the Domain Privacy Protection service is transferred to another registrar, Domain Privacy will automatically cease.
e) The Company expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you:
(1) To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;
(2) To comply with ICANN’s Uniform Domain Name Dispute Resolution Policy ;
(3) cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you:
(4) In the event you breach any provision of this Registration Agreement or any other agreement you’ve entered into with the Company, including, but not limited to, the Terms of Service;
(5) To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;
(6) To avoid any financial loss or legal liability (civil or criminal) on the part of the Company, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;
(7) To prevent inappropriate activity that comes to the Company’s attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.
f) Pursuant to paragraph 3.7.7.3 of ICANN’s Registrar Accreditation Agreement (“RAA”) , you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing the 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 Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for any harm caused by wrongful use of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder reasonable evidence of actionable harm.
APPENDIX 'B
PAYMENT TERMS AND CONDITIONS
(1) Registrar will accept payment for the Order from the Customer or Resellers
(2) In the event that a payment made via Credit Card or the payment instrument sent by the
Customer or Reseller bounces due to Lack of Funds or any other Reason, then
(1) Registrar may immediately suspend Domain Registration System Users’ access to the
Domain Registration System
(2) Registrar has the right to terminate this agreement with immediate effect and without any
notice.
(3) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend,
deny, cancel, modify, take ownership of or transfer any or all of the Orders placed of the
Registrant as well as stop / suspend / delete / transfer any Orders currently being processed.
(4) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all Orders
placed by the Registrant to another Customer, or under Registrar’s account.
(5) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable
additional charges for the processing of the Charge-back / Payment Reversal in addition to
actual costs of the same.
(6) Registrar shall have the right to initiate any legal proceedings against the Registrant to
recover any such liabilities.