This Registration Agreement ("Agreement") sets forth the
terms and conditions of your use of GKG.NET, INC.'s ("GKG")
domain name registration services to register an Internet domain name,
as well as your registration of that domain name. To complete the registration
process, you must acknowledge that you have read, understood, and agree
to be bound by all terms and conditions of this Agreement, the accompanying
dispute policies and any rules or policies that are or may be published
by GKG from time to time at www.gkg.net/policies, ICANN standards, policies,
procedures and practices as well as any registry operator standards,
policies, procedures and practices established from time to time.
This Agreement will become effective when accepted by GKG. GKG may elect
to accept or reject your domain name registration application for any
reason at its sole discretion, such rejection including, but not limited
to, rejection due to a request for registration of a prohibited domain
name.
1. What We Do
GKG is an accredited registrar with the Internet Corporation
for Assigned Names and Numbers ("ICANN") for the .com, .net
and .org Top Level Domains (TLDs). ICANN oversees the .com, .net, .org,
.info, .biz,
.aero, .pro, .coop, .name and .museum TLDs. As an accredited domain
name registrar, GKG is, upon accepting your domain name registration
application,
your sponsor for that application. All domain name registrations we
register for .com, .net, .org and .info are not effective until we
have delivered
the domain name registration information you provide us to the registry
administrator for the .com, .net, .org or .info TLDs, as applicable,
and the registry administrator puts into effect your domain name registration.
You
agree and acknowledge that GKG is not liable or responsible in any
way for any errors, omissions or any other actions by the registry
administrator
arising out of or related to your application and receipt of, or
failure to receive, a domain name registration.
You further agree to
indemnify, defend and hold harmless the registry administrator and
its directors, officers, employees, and agents
from and against any and all claims, damages, liabilities, costs,
and expenses
(including reasonable legal fees and expenses) arising out of,
or related to, your domain name registration.
2. Fees
As consideration for the domain name registration services provided
by GKG to you, you agree to pay GKG, prior to the effectiveness of the
desired domain name registration, the then-current amounts set forth in the GKG
price schedule for the initial registration of the domain name and, should
you choose to renew the registration, subsequent renewals of the registration.
All fees are non-refundable, in whole or in part, even if your domain
name registration is suspended, cancelled or transferred prior to the
end of your then current registration term. GKG reserves the right to
amend, increase, or decrease fees, surcharges, renewal fees or to institute
new fees at any time, for any reason, at its sole discretion.
Your requested domain name will not be registered unless we receive actual payment of
the registration fee, or reasonable assurance of payment of
the registration fee from some other entity (such reasonable assurance
as determined by GKG in its sole discretion).
In the event of a charge
back by a credit card company (or similar action by another payment provider
allowed by us) in connection with the payments
of the registration fee for your domain name registration, you agree
and acknowledge that the domain name registration shall be transferred
to GKG as the paying entity for that registration to the registry and
that we reserve all rights regarding such domain name including, without
limitation, 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.
You will be notified when renewal fees are due. Should these
fees go unpaid within the time specified in a second notice or reminder
regarding
renewal, your registration will be cancelled. Payment must be made by
credit card or such other method as we may indicate in the registration
application or renewal form. We will renew your name for you provided
your credit card or other billing information is available and up to
date, unless you instruct us otherwise within the time specified. If
your billing information is not accurate and you wish to renew your domain
name registration, we will contact you to update this information and
charge you an administrative fee for services.
3. Transfer of Ownership
The entity named as the registrant contact at
the time the controlling user name and password are secured shall be
the account holder of the
domain name. You agree that prior to the effectiveness of any transfer
of ownership of your domain name to another entity, you will pay GKG
the then-current fee set forth by GKG for the transfer of ownership of
a domain name. You further agree that as a condition of any such transfer
of ownership of your domain name, the entity to which you seek to transfer
your domain name (the "Transferee") shall agree in writing
to be bound by all terms and conditions of this Agreement. Your domain
name will not be transferred until we receive such written assurances,
and actual payment of the transfer fee, or reasonable assurance of payment
of the transfer fee from some other entity (such reasonable assurance
as determined by GKG in its sole discretion). You acknowledge and agree
that if you attempt to transfer your domain name registration without
paying GKG the then- current transfer fee set by GKG for the transfer
of ownership of a domain name, or if the entity to which you seek to
transfer your domain name fails to agree in writing to be bound by all
terms and conditions of this Agreement, any such transfer will be null
and void, and will result in your domain name registration being revoked
without a refund of any charges you have incurred in attempting to register
or transfer that domain name. GKG does not charge a transfer fee now,
nor does it expect to in the future.
4. Dispute Policies
You agree to be bound by the GKG
Domain Name Dispute Policies (attached hereto as "Dispute Policies"),
which is hereby incorporated and made a part of this Agreement by reference.
The Dispute Policies
can be found at http://www.gkg.net/policies/dispute.html. Certain disputes,
as specified in the Dispute Policies, are subject to those Policies.
You agree that you will be subject to the provisions specified in the
Dispute Policies in effect at the time your domain name registration
is disputed by a third party, in the event such dispute arises. (You
also agree that, in the event a domain name dispute arises with any third
party, you will indemnify and hold GKG harmless pursuant to the terms
and conditions contained in the Dispute Policies.)
5. Changes to Registration
Agreement and Dispute Policies
You acknowledge that the domain name system
and the practice of registering and administering domain names are evolving,
and therefore you agree
that GKG may modify this Agreement and the Dispute Policies if necessary
to comply with its ICANN agreement, and any other Agreements that GKG
is currently bound by or will be bound by in the future, as well as to
adjust to changing business circumstances. Your continued use of the
domain name registered to you shall constitute your acceptance of this
Agreement and the Dispute Policies with the new modifications. If you
do not agree to any of such changes, you may request that your domain
name registration be cancelled or transferred to a different domain name
registrar. You agree that such cancellation or request for transfer will
be your exclusive remedy if you do not wish to abide by any changes to
this Agreement or the Dispute Policies.
6. Domain Name Registration Information and Its Use
- Information You Are Required to Submit. As part of the registration process, you are required to provide certain information and to update
promptly this information as requested by GKG to keep it current, complete and accurate. The information you are obligated to provide in connection
with the domain name you are registering is the following:
- Your name, postal address, or physical address (or if different, that of the domain name holder);
- The domain name being registered;
- The name, postal address, physical address, e-mail address, voice telephone number, and where available, fax number of the administrative
contact for the domain name; and
- The name, postal address, physical address, e-mail address, voice telephone number, and where available, fax number of the billing contact
for the domain name.
You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed.
If you do not wish to provide the new required information, your registration may not be renewed.
All other information which we may request from you at registration is voluntary. However, not providing this information may prevent you from
obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.
- Additional Information Maintained About Your Registration. In addition to the information you provide, we maintain records relating to your
domain name registration. These records may include:
- The original creation date of the registration;
- The submission date and time of the registration application to us and by us to the proper registry;
- Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence
between you and us;
- Records of account for your domain name registration, including dates and amounts of all payments and refunds;
- The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
- The corresponding names of those nameservers;
- The name, postal address, physical address, e-mail address, voice telephone number, and where available, fax number of the technical
contact for the domain name;
- The name, postal address, physical address, e-mail address, voice telephone number, and where available, fax number of the zone contact
for the domain name;
- The expiration date of the registration;
- Miscellaneous information regarding all other activity between you and us regarding your domain name registration and related services.
- Obligations Relating to Provided Data. In the event that, in registering the domain name, you are providing information about
a third party, you hereby represent 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.
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 sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond
within fifteen (15) calendar days to inquiries by GKG concerning the accuracy of contact details associated with your registration shall constitute
a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
- Disclosure and Use of Registration Information. You
agree and acknowledge that GKG will make available domain name registration
information you
provide or that we otherwise maintain to ICANN, to the registry administrator(s),
and to other third parties as ICANN and applicable laws may require or
permit. You further agree and acknowledge that GKG may make publicly
available, or directly available to third party vendors, some, or all,
of the domain name registration information you provide, for purposes
of inspection (such as through our WHOIS service) or 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
GKG 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
provided by you in connection with the registration of a domain name (including
guidelines, limits and restrictions on disclosure or use of, information
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 GKG.)
You may access your domain name registration information in GKG's possession
to review, modify or update such information, by accessing our domain
manager service, or similar service, made available at our Web site
(http://www.gkg.net).
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.
GKG will take reasonable precautions to protect the information it
obtains from you from our loss, misuse, unauthorized access or disclosure,
alteration or destruction of that information.
7. Ownership of Data
You agree and acknowledge that GKG owns all database,
compilation, collective and similar rights, title and interests worldwide
in our domain
name
database, and all information and derivative works generated from the
domain name database. You further agree and acknowledge that we own the
following information for those registrations for which we are the registrar:
(a) the original creation date of the registration, (b) the expiration
date of the registration, (c) the name, postal address, e-mail address,
voice telephone number, and where available fax number of the technical
contact, administrative contact, zone contact and billing contact for
the domain name registration, (d) any remarks concerning the registered
domain name that appear or should appear in the WHOIS or similar database,
and (e) any other information we generate or obtain in connection with
the provision of domain name registration services, other than the domain
name being registered, the IP addresses of the primary nameserver and
any secondary nameservers for the domain name, and the corresponding
names of those nameservers. GKG does not have any ownership interest
in your specific personal registration information outside of its rights
in GKG’s domain name database, or other rights specifically set
out elsewhere herein. 8. Agents and Licenses
You agree that, if you are registering a domain name
for someone else, you represent that you have the authority to bind
that person as
a principal
to all terms and conditions provided herein, including the Dispute
Policy.
You agree that if you license the use of the domain name
registered to you to a third party, you nonetheless remain the domain
name holder
of
record, and remain responsible for all obligations under this Agreement,
including but not limited to payment obligations, and providing
(and updating, as necessary) both your own full contact information,
and accurate technical, administrative, billing and zone contact information
adequate
to facilitate timely resolution of any problems that arise in connection
with the domain name and domain name registration. 9. Limitation
of Liability
YOU AGREE THAT GKG WILL NOT BE LIABLE FOR ANY (a) SUSPENSION
OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (b) USE OF
YOUR DOMAIN
NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU
ACCESS BY THE
DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY,
MIS-DELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (f) EVENTS BEYOND
GKG'S REASONABLE CONTROL; (g) THE PROCESSING OF THIS APPLICATION;
OR (h)
APPLICATION OF THE DISPUTE POLICY. YOU FURTHER AGREE THAT GKG
ALSO 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 GKG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT
SHALL GKG'S
MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY
YOU FOR REGISTRATION OF THE DOMAIN NAME, IN THE SUM OF FIVE HUNDRED
DOLLARS
($500.00). IN
THE EVENT THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEN
IN SUCH STATES,
OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. 10.
Indemnification of GKG
You agree to defend, indemnify and hold harmless
GKG for any loss, damages or costs, including reasonable attorneys'
fees, resulting
from any third
party claim, action, or demand related to the registration
or use of the domain name registered in your name. This
indemnification is in
addition to any indemnification required under the Dispute
Policy.
11. 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
further represent and warrant that all information provided by you
in connection with your domain name registration is accurate.
ALL
DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." Except
for our statement regarding our accreditation as an ICANN-approved
domain name registrar in the introductory paragraph of this Agreement,
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED,
IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES
ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING,
GKG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT
REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE
YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM
SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED
TO YOU.
12. Breach and Revocation
GKG reserves the right to suspend, cancel, transfer
or modify your domainname registration in the event (a) you materially
breach this
Agreement (including
the Dispute Policy) and do not cure such breach within thirty (30)
days of notice by GKG, (b) you use the domain name registered to you
to send
unsolicited commercial advertisements (commonly known as SPAM) in contradiction
to either applicable laws or GKG's Anti-Spam Policy (found at http://www.gkg.net/spam/),
(c) you use your domain name in connection with unlawful activity,
or (d) grounds arise for such suspension, cancellation, transfer or
other
modification as provided for in this Agreement.
You further acknowledge
and agree that your registration of a domain name is (a) subject to
suspension, cancellation or transfer by any
ICANN procedure, by any registrar (including GKG) or registry administrator
procedures approved by an ICANN-adopted policy, or by any other ccTLD
registry administrator procedures as the case may be, (b) to correct
errors by GKG, another registrar or the registry administrator in administering
the name or (c) for the resolution of disputes concerning the domain
name.
You also agree that GKG shall have the right in its sole discretion
to suspend, cancel, transfer or otherwise modify a domain name registration
upon seven (7) calendar days prior written notice, or at such time
as
GKG receives a properly authenticated order from a court of competent
jurisdiction, or arbitration award, requiring the suspension, cancellation
transfer or modification of the domain name registration. 13. Adjudication
of Disputes
In the event of adjudication of disputes concerning or arising
from use of your Domain Name, you shall submit, without prejudice to
other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of
your domicile, and (2) of the location of GKG. 14. Controlling Law and
Venue
Except as otherwise set forth in paragraph 13 above, or in the
Dispute Policy with respect to disputes, 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 Texas, as
if the
Agreement was a contract wholly entered into and wholly performed within
the State of Texas. Except as otherwise set forth in paragraph 13 above,
or in the Dispute Policy with respect to disputes, any action to enforce
this Agreement or any matter relating to your use of the GKG site shall
be brought exclusively in the United States District Court for the
Southern District of Texas, or if there is no jurisdiction in such
court, then
in a state court in Brazos County, Texas. 15. Notices
You agree that any notices required to be given under this Agreement
by GKG to you will be deemed to have been given if delivered in accordance
with the contact information you have provided. 16. General
This Agreement and all other Policies found at www.gkg.net/policies/,
together with all modifications, constitute the complete and exclusive
agreement between you and GKG, and supersede and govern all prior proposals,
agreements, or other communications.
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 GKG 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 GKG of a breach of any provision
hereof be taken or held to be a waiver of the provision itself or of
this agreement as a whole. 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. GKG
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 GKG as reflected in the original provision. This Agreement
may not be amended or modified by you except by means of a written
document signed by both you and an authorized representative of GKG.
Additional
Requirements for .info domain registrations
In addition to the provisions
set forth in 6a above, you are required to:
(i) consent to the use, copying, distribution, publication, modification
and other processing of your Personal Data by Registry Operator and
its designees and agents.
(ii) submit to proceedings commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy ("UDRP") and the Sunrise Dispute
Resolution Policy ("SDRP");
(iii) immediately correct and update the registration information for
the Registered Name during the registration term for the Registered
Name; and
(iv) acknowledge that Registry Operator 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
Registered Name during these periods, and (b) the results of any dispute
over a Sunrise Registration.
Furthermore, for .info domain registrations,
GKG will apply this additional language to the indemnification provisions
set forth in section 10
above:
By submitting an application to register a .info domain name
registration, you
- acknowledge that the .info registry will have no liability of any
kind for any loss or liability resulting from the proceedings and processes
relating to the .info "Sunrise Period" or the .info "Land
Rush Period", including, without limitation:
- the ability or inability of a registrant to obtain a .info domain name registration during these periods, and
- the results of any dispute over a .info domain name registration registered during the .info "Sunrise Period",
- acknowledge and agree that GKG will share with the .info registry information submitted by you in connection with your .info domain name
application and you consent to the use, copying, distribution, publication, modification and other processing of your personal data by the .info
registry and its designees and agents in connection with the .info registry's obligations to GKG and third parties or as otherwise required
by the .info registry,
- agree to immediately correct and update the registration information for your .info domain name registration during the registration term
for such domain name.
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