1. INTRODUCTION: This domain name registration application/agreement ("Registration Agreement") is
submitted to the DOMAIN SOURCE, llc. ("Domain Source") by an entity
applying for the registration of a SECOND LEVEL DOMAIN name ("Registrant") on the
Internet. Pending acceptance by Domain Source, and registration in the generic Top Level
Domain database, Registrant agrees to be bound by the terms of this Registration Agreement
and the Council of Registrar's (CORE) Memorandum of Understanding. This Registration
Agreement shall be accepted at the offices of Domain Source and is subject to verification
and/or authentication by Domain Source before Registrant's domain name registration is
finalized. Pursuant to the terms and conditions of the Memorandum of Understanding on the
Generic Top Level Domain Name Space of the Internet Domain Name System ("gTLD-MoU")
signed in Geneva on May 1, 1997, as amended, this is a request for registration of the
following domain name. Provide complete and exact domain name and desired gTLD
(i.e. .FIRM, .SHOP, .WEB, .ARTS, .NOM, .INFO, .REC.)
2. DESIGNATED AGENT: Registrant shall be the designated agent for (i) notifications concerning any
Administrative Domain Name Challenge Panel ("ACP"), Mediation or Expedited Arbitration
procedure and (ii) service of process where the Registrar is located unless otherwise
designated by Registrant via e-mail to
domainsource@usa.net.
3. OPTIONAL 60-DAY WAITING PERIOD: Domain Source offers the Registrant the opportunity
to publish the Registrant's requested domain name for a period of up to 60 days before
the assignment of the domain name takes effect. Registrant's acceptance of this agreement
indicates that he, she, or it waives the 60-Day Waiting period unless otherwise
designated by Registrant via e-mail to
domainsource@usa.net.
4. INTENT TO USE THE DOMAIN NAME: Registrant affirms that he, she or it has a bona
fide intent to use the domain name publicly within 60 days of registration, and to
continue such use in the foreseeable future.
5. FEES: In addition to fees outlined in "Standard" and "Premier" (auction) registrations,
there is a standard $50 yearly maintenance fee on all domain names. Registant agrees to pay all fees promptly upon registration.
6. RENEWAL/MODIFICATION: The Renewal Fee at Domain Source's current standard rate must be
paid thirty (30) days prior to the expiration of the registration period,
and each subsequent one (1) year period for registration to continue without interruption.
Any modifications to the Registration Application/Agreement will incur additional fees per
modification at Domain Source's current standard modification rate, payable upon renewal of
the domain registration. Failure to pay any and all modification and renewal fees by the
required date will result in the Registrant's domain name being removed from the database.
7. LIMITATION OF LIABILITY: Registrant agrees that Domain Source shall have no liability
to the Registrant for any loss Registrant may incur in connection with Domain Source's
processing of this Registration Agreement, in connection with Domain Source's processing
of any authorized modification to the domain name's record during the covered period,
as a result of the Registrant's failure to pay either the initial registration fee or renewal
fee, or as a result of the application of the provisions of the Dispute/Mediation policies.
Registrant agrees that in no event shall the maximum liability of Domain Source under this
Registration Agreement for any matter exceed $100 U.S. Dollars.
8. RIGHTS OF THIRD PARTIES: Registrant certifies that, to her/his/its knowledge, the
registration and use of the requested domain name does not violate any trademark or other
rights of any other party. Registrant will indemnify Registrar, CORE, the Repository
Operator, POC and WIPO against, and hold them harmless from, all costs, claims, liabilities
and expenses (including attorneys fees) arising out of or in connection with any such
violations.
9. DISPUTES BETWEEN REGISTRANT AND A THIRD PARTY THAT ARE SUBMITTED BY THE THIRD PARTY
TO THE ACP PROCEDURE: Registrant acknowledges that, by virtue of the provisions of the
Council of Registrars generic Top Level Domain - Memorandum of Understanding ("gTLD-MoU"),
any third party may challenge the assignment to, and registration and use by Registrant
of the domain name before an Administrative Domain Name Challenge Panel ("ACP") in accordance
with the WIPO ACP Rules. Registrant further acknowledges that the decisions of an ACP may
determine rights of Registrant and/or other parties with respect to the assignment,
registration and use of a particular domain name, and agrees to be bound by the ACP decisions.
10. DISPUTES BETWEEN REGISTRANT AND A THIRD PARTY THAT ARE BROUGHT BY THE THIRD PARTY
TO MEDIATION AND/OR ARBITRATION: Registrant agrees that any dispute, controversy or claim
("Claim") between Registrant and a third party, arising out of or relating to this
application for, and registration and use of, the domain name shall, upon the filing of
a Request for Mediation by the third party with the WIPO Center, be submitted to on-line
mediation in accordance with the WIPO On-Line Mediation Rules. Registrant further agrees
that, to the extent (a) any such Claim has not been settled pursuant to such mediation
within 30 days of the commencement of the mediation, or (b) before the expiration of such
30 day period, either party fails to participate or to continue to participate in
the mediation, the Claim shall, upon the filing of a Request for Arbitration by the
third party, be referred to and finally determined by on-line arbitration in accordance
with the WIPO On-Line Expedited Arbitration Rules. Such arbitration procedure shall not be
implemented if Registrant declines mandatory submission to arbitration by checking the box
below. The language to be used in the mediation or arbitration shall be English, unless
the parties agree otherwise. Whether or not the parties decide that an in-person hearing
is necessary, the place of arbitration shall be deemed to be, unless the parties agree
otherwise, either the location of Registrant as indicated in the Registration Agreement or
the location of Domain Source, at the option of the third party.
11. DISPUTES BETWEEN REGISTRANT AND A THIRD PARTY THAT ARE SUBMITTED BY THE THIRD
PARTY TO COURT JURISDICTION: Registrant submits to the personal and subject matter
jurisdiction and venue of a competent tribunal in the country where Domain Source resides
for purposes of any action brought under applicable trademark law, unfair competition
laws, or similar/related laws arising out of actual or intended use of the domain name
applied for; and Registrant waives all rights to challenge such personal jurisdiction,
subject matter jurisdiction and/or venue.
12. DISPUTES BETWEEN REGISTRANT AND DOMAIN Source AND/OR CORE: Registrant agrees that
any dispute, controversy or claim between Registrant and Domain Source and/or CORE arising
out of or relating to this application or registration made upon this application are to
be settled by arbitration in accordance with the WIPO On-Line Expedited Arbitration Rules.
Unless otherwise agreed, the arbitral procedure shall be conducted in the English language.
Whether or not the parties decide that an in-person hearing is necessary, the place of
arbitration shall be deemed to be, unless the parties agree otherwise, the location of
Domain Source. Registrant acknowledges that the Registrar and CORE are bound by the
decisions and results of the ACP, Mediation and Arbitration procedures administered by
the WIPO Arbitration and Mediation Center.
13. LAME DELEGATION: The domain name registration is subject to cancellation for lame
delegation.
14. SURVIVAL OF OBLIGATIONS: If this application is accepted, all obligations of
Registrant pursuant to this application shall survive acceptance of the application
and shall remain binding upon Registrant after the registration takes effect.
15. CERTIFICATION: Registrant certifies that it has read the above Registration
Agreement and Application form and completed it truthfully and accurately. Registrant
agrees that the registration of the domain name is subject to the provisions of the
Application form, and any other applicable registration conditions as may be established
by CORE.
16. AGENTS: Registrant agrees that if this Registration Agreement is completed by an
agent for the Registrant, the Registrant is nonetheless bound as a principal by all
terms and conditions herein, including the Dispute/Mediation policies.
17. INDEMNITY: Registrant agrees, in the event the Registration Agreement is accepted
by Domain Source and a subsequent dispute arises with any third party, to indemnify and
hold Domain Source and CORE harmless pursuant to the terms and conditions contained in
the Dispute/Mediation policies.
18. ASSIGNMENT: This Registration Agreement is not assignable by Registrant, in whole
or in part, without the written consent of Domain Source.
19. BREACH: Registrant agrees that failure to abide by any provision of this
Registration Agreement or the Dispute/Mediation policies may be considered by Domain
Source to be a material breach and that Domain Source may provide a written notice,
describing the breach, to the Registrant. If, within thirty (30) days of the date of
mailing such notice, the Registrant fails to provide evidence, which is reasonably
satisfactory to Domain Source, that it has not breached its obligations, then Domain
Source may delete Registrant's registration of the domain name. Any such breach by a
Registrant shall not be deemed to be excused simply because Domain Source did not act
earlier in response to that, or any other, breach by the Registrant.
20. NO GUARANTY: Registrant agrees that, by registration of a domain name, such
registration does not confer immunity from objection to either the registration or
use of the domain name.
21. WARRANTY: Registrant warrants by submitting this Registration Agreement that,
to the best of Registrant's knowledge and belief, the information submitted herein
is true and correct, and that any future changes to this information will be provided
to Domain Source in a timely manner according to the domain name modification
procedures in place at that time. Breach of this warranty will constitute a
material breach.
22. REVOCATION: Registrant agrees that Domain Source may delete a Registrant's
domain name if this Registration Agreement, or subsequent modification(s) thereto,
contains false or misleading information, or conceals or omits any information
Domain Source would likely consider material to its decision to approve this
Registration Agreement.
23. RIGHT OF REFUSAL: Domain Source, in its sole discretion, reserves the right
to refuse to approve the Registration Agreement for any Registrant. Registrant
agrees that the submission of this Registration Agreement does not obligate
Domain Source to accept this Registration Agreement. Registrant agrees that
Domain Source shall not be liable for loss or damages that may result from
Domain Source's refusal to accept this Registration Agreement.
24. SERVERABILITY: Registrant agrees that the terms of this Registration Agreement
are severable. If any term or provision is declared invalid, it shall not affect the
remaining terms or provisions which shall continue to be binding.
25. GOVERNING LAW: Registrant agrees that this Registration Agreement shall be
governed in all respects by and construed in accordance with the laws of the Commonwealth
of Virginia, United States of America. By submitting this Registration Agreement,
Registrant consents to the exclusive jurisdiction and venue of the United States
District Court for the Eastern District of Virginia, Fairfax Division.
If there is no jurisdiction in the United States District Court for the Eastern
District of Virginia, Fairfax Division, then jurisdiction shall be in the
Circuit Court of Virginia.
26. SCOPE: This Registration Agreement is only for registrations under top-level domains:
.FIRM, .SHOP, .WEB, .ARTS, .NOM, .INFO, and .REC. By completing and submitting this
Registration Agreement for consideration and acceptance by Domain Source, the Registrant
agrees that he/she has read and agrees to be bound by §1 through §26 above.
27. ENTIRETY: Registrant agrees that this Registration Agreement constitutes
the complete and exclusive agreement between Registrant and Domain Source regarding the
registration of Registrant's domain name. This Registration Agreement supersedes all
prior agreements and understandings, whether established by custom, practice,
policy, or precedent.