www.threadwatch.com, Inc

Registration Agreement


www.threadwatch.com, Inc Registration Agreement

This Service Agreement ("Agreement") sets forth the terms and conditions of your use of various services of www.threadwatch.com, Inc ("www.threadwatch.com"). By requesting services from www.threadwatch.com, you represent that you have read and agreed to be bound by all terms and conditions of this Agreement, including the Dispute Policy, and any rules or policies that are or may be published by www.threadwatch.com. www.threadwatch.com is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between www.threadwatch.com and ICANN ("ICANN Agreement"). You acknowledge that www.threadwatch.com may modify this Agreement if necessary to comply with its ICANN Agreement, or as otherwise provided herein. In this Agreement, "you" and "your" refer to the party requesting services from www.threadwatch.com, and "we", "us" and "our" refer to www.threadwatch.com.

1. Dispute Policy
You agree to be bound by the current www.threadwatch.com Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://www.www.threadwatch.com/info/udrp.html. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. www.threadwatch.com may modify the Dispute Policy in its sole discretion at any time. Your continued designation of www.threadwatch.com as the registrar of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time a third party challenges your domain name.

2. Use of Your Information
As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data.

You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. If you license use of a domain name to a third party, you are nonetheless the holder of record of the domain name and are responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information. In the event that, in registering the domain name, you are providing information about a third party, or license your domain name registration to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

Your willful provision of inaccurate or unreliable information, Your willful failure promptly to update information provided to www.threadwatch.com, or Your failure to respond for over fifteen calendar days to any inquiry by www.threadwatch.com concerning the accuracy of contact details associated with Your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the registration or other action, such as placing the name on registry hold or otherwise causing the domain to fail to resolve, at the discretion of www.threadwatch.com.

You acknowledge and agree that www.threadwatch.com will make the registration information that you provide or that we otherwise maintain available to ICANN, the registry administrator(s) and to such other parties as ICANN or applicable laws may require or permit. You further agree that we may make publically 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 for targeted marketing and other purposes as required or permitted by ICANN and applicable laws.

Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available.

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.

You may access your domain name registration information in www.threadwatch.com's possession to review, modify or update such information, by accessing our domain manager service or profile manager service, or similar service, made available at our Web site.

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 it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. www.threadwatch.com shall have no liability to you or any third party to the extent such reasonable precautions are taken.

3. Use Policies

You agree to use your domain name only in accordance with applicable laws.

4. Fees

As consideration for the services provided to you by www.threadwatch.com, you agree to pay to www.threadwatch.com the applicable fees for such services. With respect to domain name registration and related services, if at any time any fees or other charges payable to the registry for a domain name registered by www.threadwatch.com on your behalf, or fees or other charges payable to ICANN or any other regulatory body on account of such domain name, shall increase, or any additional fee, tax or charge shall become due and payable to any third party related to a domain name registered by www.threadwatch.com on your behalf, fees payable by you to www.threadwatch.com under this Registration Agreement will increase by such amount. All fees are non-refundable. You will be notified when renewal fees are due. Should these fees go unpaid by the time specified in the renewal notice, www.threadwatch.com shall have the right to cancel your registration and delete your domain name. Unless otherwise agreed, payment shall be made by credit card and your domain name will not be registered unless we receive appropriate authorization from your credit card company. You agree that www.threadwatch.com shall have the exclusive right to act as registrar of your domain name for the initial term of registration plus one (1) year of renewal (but only if you renew the registration of the domain name), and only if the renewal fee charged by www.threadwatch.com for the renewal term does not exceed the annual registration fee for the initial registration, exclusive of promotional discounts, plus any increase in fees charged by the registry, ICANN or any other regulatory body.

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us), or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to www.threadwatch.com as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the rights set forth in Section 9 below and the right to make the domain name available to other parties for purchase. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee, currently set at US$200.

5. Agents and Licenses

You agree that if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.

You agree that if you license the use of your domain name to a third party, you re-main the domain name holder, and remain responsible for all obligations under this Agreement.

6. Limitation of Liability

YOU AGREE THAT WWW.THREADWATCH.COM WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (A) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (B) THE USE OF YOUR DOMAIN NAME, (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO WWW.THREADWATCH.COM'S REGISTRATION SYSTEM; (D) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND WWW.THREADWATCH.COM; (E) EVENTS BEYOND WWW.THREADWATCH.COM'S REASONABLE CONTROL; (F) THE PROCESSING OF YOUR APPLICATION; (G) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (H) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (I) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, WWW.THREADWATCH.COM WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WWW.THREADWATCH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WWW.THREADWATCH.COM'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED DOLLARS ($500.00 USD). 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.

7. Indemnity

You agree to defend, indemnify and hold harmless www.threadwatch.com, its affiliates and business partners, and any applicable domain name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuLevel, Inc., NeuStar, Inc., SITA and Public Interest Registry, and their respective subsidiaries and affiliates, and the directors, officers, employees and agents of each of them, from and against any and all claims, actions, losses, damages, expenses and costs, including reasonable attorneys' fees and expenses, arising out of or relating to (i) your domain name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, or (iii) any third party claim, action, or demand related to your domain name or the use thereof.

8. Representations and Warranties

You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You represent and warrant that all information provided by you in connection with your registration is complete and accurate and that you have full capacity and authority to enter into this Agreement. www.threadwatch.com makes no representations or warranties of any kind in connection with this Agreement. www.threadwatch.com does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.

9. Breach and Revocation

You must remedy any breach of your obligations under this Agreement within 30 days after notice by www.threadwatch.com. If you fail to cure the breach within such period, www.threadwatch.com shall have the right in its sole discretion to delete, revoke, suspend, place on hold or lock, transfer or otherwise modify your registration of the domain name. Any breach by you under this Agreement shall constitute a breach by you under each and every other agreement between you and www.threadwatch.com.

You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN adopted policy, or pursuant to any registrar or registry administrator procedures not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by www.threadwatch.com, another registrar or the registry administrator in registering the name or (2) for the resolution of disputes concerning the domain name.

You also agree that www.threadwatch.com shall have the right in its sole discretion to delete, revoke, suspend, transfer or otherwise modify a domain name registration at such time as www.threadwatch.com receives a properly authenticated order from a court of competent jurisdiction, arbitration award, or three strikes action, requiring the deletion, revocation, suspension, transfer or modification of the domain name registration.

10. Three Strikes

Any company with a trademark on your domain which demonstrates all of the following shall be allowed to transfer your name with no contest, (1) Owns the Trademark on your domain, (2) Shows us an unsolicited offer for the sale of your domain from yourself to the Trademark Holder, (3) Provides a letter that indemnifies us as a registrar in any legal dispute against us for the transfer into the Trademark holder's name, (4) We as the Registrar agree you have registered in bad faith, and (5) Pays us an $1135 administrative transfer fee.

11. Right of Refusal

Www.threadwatch.com, in its sole discretion, reserves the right to refuse (i) to register or reserve your chosen domain name and/or (ii) to provide any other service requested. Further, www.threadwatch.com reserves the right to delete your domain name within thirty (30) days after the date of registration of your domain name. In the event that we do not register or reserve your domain name or provide other requested services, or we delete your domain name within such thirty (30) day period, we agree to refund the applicable fees paid. You agree that www.threadwatch.com shall not be liable to you or any other party for any loss or damages that may result from our refusal to provide any such services, or the deletion of your domain name.

12. Governing Law

This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. Any action to enforce this Agreement or any matter relating to your use of the www.threadwatch.com site shall be brought exclusively in the United States District Court for the State of Washington or in the state courts of King County, Washington. Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where www.threadwatch.com's headquarters are located, currently Bellevue, Washington.

13. Modifications to Agreement

During the term of this Agreement, you agree that www.threadwatch.com may revise, amend or modify the terms and conditions of this Agreement, including the Dispute Policy. Any such change will be binding and effective immediately on the date on which the revised Agreement is posted on our web site at http://www.www.threadwatch.com/info/registration-agreement.html, or on which notification of such changes is sent to you by e-mail or United States mail, as applicable. You agree to review www.threadwatch.com's web site periodically to keep track of any such changes to the Agreement. Such changes will remain binding on you until such time as www.threadwatch.com is no longer the registrar of your domain name. If any such change constitutes a materially adverse change to you, you may request that your domain name registration be cancelled or transferred to a different domain name registrar (so long as you are not in breach of this Agreement). You agree that such cancellation or transfer will be your exclusive remedy in such event.

Except as otherwise expressly provided above, no provision of this Agreement, including the Dispute Policy, may be amended or modified by you except by means of a written document signed by www.threadwatch.com.

14. General

This Agreement, including without limitation the fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitutes the complete and exclusive agreement between you and www.threadwatch.com, and supersedes and governs all prior proposals, agreements, or other communications.

If your domain name is parked on www.threadwatch.com's servers but not in active use, you agree that www.threadwatch.com may point such domain name to an under construction or registered or reserved style page designated by www.threadwatch.com until you request otherwise.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of www.threadwatch.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by www.threadwatch.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. www.threadwatch.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of www.threadwatch.com as reflected in the original provision. All provisions of this Agreement shall survive the termination or other expiration of this Agreement.

15. Additional Registry Requirements

The following provisions apply to any domain names that you register through www.threadwatch.com in the relevant registry(ies).
A. (.INFO) With respect to any registration of a .INFO second level domain name, you agree to the following terms:
1. You consent to the use, copying, distribution, publication, modification, and other processing of your Personal Data by Afilias, the .INFO Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract.
2. You agree to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
3. You agree to immediately correct and update the registration information for the .INFO registered domain name during registration term for such domain name; failure to correct this information shall constitute a breach of this Agreement.
4. You acknowledge that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a given domain name during these periods, and (b) the results of any dispute over a Sunrise Registration.
5. www.threadwatch.com and Afilias, the registry operator for .INFO, expressly reserve the right to deny, cancel or transfer any registration that either shall deem necessary, in its discretion, to protect the integrity and stability of the .INFO 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, on the part of www.threadwatch.com and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. www.threadwatch.com and Afilias also reserve the right to lock a domain name during resolution of a dispute.
B. (.BIZ) With respect to any registration of a .BIZ second level domain name, you agree to the following terms:
1. BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("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:
  1. To exchange goods, services, or property of any kind;
  2. In the ordinary course of trade or business; or
  3. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business. Registering a domain name 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 shall not constitute a "bona fide business or commercial use" of that domain name.
2. BIZ CERTIFICATION. As a .biz domain name registrant, you hereby certify to the best of your knowledge that:
  1. The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) 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. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
  2. (b) You have the authority to enter into this Agreement; and
  3. (c) The registered domain name is reasonably related to the your business or intended commercial purpose at the time of registration.
3. PROVISION OF REGISTRATION DATA.
3.1. Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, email address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement.
3.2 Inaccurate or Unreliable Data. You hereby represent and warrant that 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 the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. 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 the ICANN Agreement or any ICANN/Registry Policy.
4. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
  1. The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
  2. The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and
  3. The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.
5. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
6. DOMAIN NAME DISPUTES. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. 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 set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
7. RESERVATION OF RIGHTS. www.threadwatch.com and the .biz Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that either deems necessary, in its discretion, to protect the integrity and stability of the 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, on the part of www.threadwatch.com and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. www.threadwatch.com and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
C. (.US) With respect to any registration of a .US second level domain name, you agree to the following terms:
1. You consent to the use, copying, distribution, publication, modification, and other processing of your Personal Data by Neustar, the .US Registry Operator, and its designees and agents in a manner consistent with the purposes specified in its contract.
2. You agree to submit to proceedings under the dispute resolution policy(ies) and comply with the requirements set forth by Neustar for domain names registered during the Sunrise Period. These policies are subject to modification by Neustar in its discretion.
3. You agree to immediately correct and update the registration information for each .US registered domain name during the registration term for such domain name; failure to correct this information shall constitute a breach of this Agreement.
4. You acknowledge that Neustar, the registry operator for .US, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the First Come, First Served Period, including, without limitation: (a) the ability or inability of a registrant to obtain a given domain name during these periods, and (b) the results of any dispute over a Sunrise Registration.
D. (.AERO) With respect to any registration of a .AERO domain name, you agree to the following terms:
1. Registrar's agency
The Registrar acts as agent for the Registry Operator and the Sponsor for the sole purpose, and only to the extent necessary, to enable the Registry Operator and the Sponsor to receive the benefit of rights and covenants conferred on each of them under this agreement.
2. Terminology
Domain name means the .aero domain name registered by the Registrant.
Policy means the .aero Domain Name Management policy, which can be viewed at http://www.information.aero/sitaaerodmp.pdf.
Registrant means an applicant for, or licensee of, a domain name.
Registrar means www.threadwatch.com, Inc.
Registry Operator means SITA Information Networking Computing BV, a Netherlands corporation with its place of business at Heathrowstraat (Sloterdjik), 1043Ch Amsterdam, The Netherlands, the person responsible for administering the .aero domain name registry.
Sponsor means Societe Internationale de Telecommunications Aeronautiques, a Belgian co-operative corporation registered with the Belgian Registrar of companies number B 217.548., the Sponsor of the .aero domain name.
3. Warranty
Registrant warrants that:
  1. to the best of Registrant's knowledge and belief, neither its registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party; and
  2. the domain name complies with the Policy.
    Breach of this warranty will constitute a material breach of this Agreement.

4. Provision of registration data
As part of the registration process, Registrant is required to provide certain information and agrees to update this information to keep it current, complete and accurate. This information includes:
  1. Registrant's full name, postal address, email address, voice telephone number, and fax number if available;
  2. the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation;
  3. the names of the primary nameserver and any secondary nameserver(s) for the domain name;
  4. the full name, postal address, email address, voice telephone number, and fax number if available of the technical contact for the domain name;
  5. the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name; and
  6. the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name.

5. Inaccurate or unreliable data
Registrar represents and warrants that the data provided in the domain name registration application is true, correct, up to date and complete and that Registrant will continue to keep all the information provided up to date. Registrant's willful failure promptly to update information provided, or any failure to respond for over 15 calendar days to inqueries by the Registrar, the Registry Operator and the Sponsor addressed to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through the Registrant, shall constitute a breach of this agreement and be a basis for cancellation of the domain name.
6. Use of information
Registrant acknowledges that information provided by the Registrant will be:
  1. transmitted to the Registry Operator for registry use;
  2. publicly available as required by ICANN; and
  3. used by the Registrar, the Registry Operator and the Sponsor for inclusion in registers and data bases produced by them or their licensees.

7. Correction of data
Registrant may access data provided and rectify any incorrect data relating to Registrant through a login and password provided by Registrar (if available) or by making requests to Registrar's customer support group.
8. Consent
Registrant consents to the use of the information provided by it for the purposes set out in clause 6. If Registrant does not consent to the use of the information for the purposes set out in clause 6(c), then the Registrant must provide non consent verification stating the name and address of the Registrant and signed by an appropriate authorised individual. This must be sent to www.threadwatch.com, Inc., 12806 SE 22nd PL, Bellevue, WA 98005 USA, Attn: General Counsel.
9. Notice to third parties
Registrant warrants that:
  1. it has provided, or will provide, to each third party individual whose personal details the Registrant has provided to Registrar, the same information about use of those details as set out in clauses 6, 7 and 8; and
  2. each third party individually has consented to use of their personal data for the purposes set out in this agreement.

10. Use of information
The Registrar, the Registry Operator and the Sponsor will not process information in a manner incompatible with the purposes and limitations set out in clauses 6 and 7.
11. Reasonable precautions
The Registrar, the Registry Operator and the Sponsor will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorised access or disclosure, alteration or destruction.
12. Limitation of liability
To the extent permitted by law, Registrant agrees that neither the Registrar, the Registry Operator and the Sponsor have any liability to the Registrant or the Registrant's agent for any loss Registrant may incur in connection with the processing of this agreement, the processing of any pre-registration application or application for a domain name, the processing of any authorized modification to the domain name's record during the covered registration period, or the failure by the Registrant's agent to pay a pre-registration or registration fee or renewal fee, or as a result of the application of the provisions of the relevant domain name dispute policy.
13. Suspension, cancellation, transfer
Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by the Registrar or the Sponsor pursuant to any Sponsor or ICANN adopted specification or policy, or pursuant to any Registrar or registry procedure not inconsistent with an ICANN adopted specification or policy:
  1. to correct mistakes by Registrar, the Registry Operator of the Sponsor in registering the domain name; and
  2. for the resolution of disputes concerning the domain name

14. Indemnity
The Registrant agrees to indemnify, keep indemnified and hold the Registrar, the Registry Operator, the Sponsor and their directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to Registrant's domain name registration or pre-registration, or to the Registrant's use of the domain name.
15. Submission to jurisdiction
For the adjudication of disputes concerning or arising from the use of the domain name, the Registrant submits, without prejudice to other potentially applicable jurisdictions, to the jurisdictions of the courts of:
  1. the Registrant's domicile; and
  2. the place where the Sponsor is located.

16. Domain name license
Domain Names will be registered to Registrants only for fixed periods. At the conclusion of the registration period, failure by or on behalf of the Registrant to pay a renewal fee within the time specified shall, in the absence of extenuating circumstances, result in cancellation of the registration. The domain name is personal to the Registrant, and the Registrant may not transfer or license the domain name to any other person.
17. Changes to the Domain Name Management Policy
The Registrant acknowledges that the Policy is expected to evolve. Changes in the Policy may result in cancellation or non-renewal of the registration or a change of terms under which the registration may be maintained.
18. Agreement with policies
Registrant acknowledges that it has read and understood, and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are incorporated and made an integral part of this agreement:
  1. Uniform Domain Name Dispute Resolution Policy ("UDRP"). The UDRP applies to challenges to a registered domain name on the grounds that the domain name is identical with or confusingly similar to a trademark in which the complainant has rights, and can be viewed at http://www.icann.org/dndr/udrp/policy.htm;
  2. b) Charter Eligibility Dispute Resolution Policy ("CEDRP"). The CEDRP applies to challenges to registered domain names on the grounds that the Registrant set forth in the Sponsored TLD Charter, which can be viewed at http://www.icann.org/tlds/agreements/sponsored/sponsorship-agmt-att12-13oct01.htm.
  3. c) Eligibility Dispute Resolution Policy, and can be viewed at http://www.information.aero/news/edrp.doc.

19. Breach
Registrant agrees that failure to abide by any provision of this agreement or any relevant domain name dispute policy may be considered by Registrar or the Sponsor as a material breach and that Registrar or the Sponsor may provide a notice describing the breach to the Registrant. If ,within 30 days of the date of the notice, the Registrant fails to provide evidence, which is reasonably satisfactory to the Registrar or the Sponsor (as the case may be) that it has not breached its obligations, then Registrar or the Sponsor may delete Registrant's registration of the domain name. Any such breach by a Registrant shall not be taken to be excused simply because the Registrar or the Sponsor did not act earlier in response to that, or any other, breach by the Registrant. Notice may be given by mail, facsimile, email or other electronic means.
E. (.COOP) With respect to any registration of a .COOP domain name, you agree to the following terms:
  1. You hereby enter into and agree to be bound by the terms and conditions of the Registration Agreement between DotCooperation LLC located at the following URL: http://www.nic.coop/terms.asp.
F. (.EU) With respect to any registration of a .EU domain name, you agree to the following terms:
.eu (European Union) Rules: http://www.eurid.eu/en/general/howToGetEuDomainName Dispute Policy: http://www.eurid.eu/en/general/document.2006-02-20.1018584040 WHOIS Web Page: http://www.eurid.eu/en/general/whois-database