
4URL Domain Registration Terms
DOMAIN Registration Agreement
This Registration Agreement ("Agreement") sets forth the terms and conditions of your use
of domain name registration and related services ("Services"). In this Agreement "you" and "your" refer to you and
the registrant listed in the WHOIS contact information for the domain name. "We", "us" and "our" refer to 4URLCLUB,
Inc. To determine which registrar your domain name is registered with, perform a WHOIS lookup at any number
of WHOIS servers. NOTE: Not all country-code domain registries have active whois servers.
YOU AGREE TO THIS AGREEMENT:
By using the Service(s), you agree to all terms and conditions of this Agreement, the UDRP (define below) and the
rules, policies, or agreements published in association with specific of the Service(s) and/or which may be
enforced by ICANN, the registries, and governments.
PASSAGE OF TIME: This Agreement will change over time. If, as a result of such a ch\nge, you no longer agree
with the terms of this Agreement, you agree that your exclusive remedy is to transfer your domain name registration
services to another registrar or request of us that we cancel your domain name registration services. If you
continue to use the Services following a change in this Agreement and/or the Services, your continued use of
the Services indicates your consent to the changes.
Any such revision or change will be binding and effective within 30 days of when the revised Agreement or
4url.biz to the Service(s) is posted to the website of 4URLCLUB or its partner sites, or 15 days after you view the
revised Agreement or 15 days after notification is sent to the e-mail address provided in association with your
domain name registration. You agree to review this Agreement periodically to make yourself aware of any such
revisions.
YOUR ACCOUNT:
Your account is managed and/or provided by 4URLCLUB. You are responsible for maintaining and updating all login
IDs, passwords, and for all access to and use of your account by you or any third party.
SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S):
We and/or the registry may terminate or suspend the Service(s) at any time for a cause, which, without limitation,
includes registration of prohibited domain name(s), abuse of the Services, payment irregularities, serious
allegations of illegal conduct, or if your use of the Services involves us in a violation of any Internet Service
Provider's ("ISP's") acceptable use policies, including the transmission of unsolicited bulk email.
You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at
our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to
those which were previously providing to you and that any reference in this Agreement to termination or suspension
of the Services to you includes this option.
If we have grounds to terminate or suspend Service(s) with respect to one domain name or in relation to other
Service(s) provided through your account, we may terminate or suspend all Service(s) provided through your account,
including Service(s) to other domain names.
No fee refund will be made when there is a suspension or termination of Service(s) for cause.
At any time and for any reason, we may terminate the Services 30 days after we send notice of termination via mail
or email, at our option, to the WHOIS contact information provided in association with your domain name
registration. Following notice of termination other than for cause, you must transfer your domain name or risk that
we may delete your domain name or suspend or modify Services to it.
If we terminate Services for a reason other than cause, we will attempt to refund your fees. You further
acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by
any ICANN procedure, by any registrar or registry administrator procedures approved by an ICANN-adopted policy, to
correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the
resolution of disputes concerning the domain name.
OUR SERVICES:
4URLCLUB are accredited registrars with the Internet Corporation for Assigned Names and Numbers ("ICANN") for
Top Level Domain Names ("TLDs") (such as .com, .net, .org, .info, biz, etc.). and Country Code Domain Names
("ccTLDs") (such as .lc,.ps, .ag, .hn etc..)
ICANN oversees registrations and other aspects of the TLDs and ccTLDs. Domain name registrations are not effective
until the registry administrator puts them into effect. For a list of registry administrators and for more
information on TLDs, see HYPERLINK http://www.icann.org/tlds/.
Domain name registrations are only for limited terms, terms which end on the expiration date. For domain names
which are created as a new registration out of the available namespace, the term begins on the date the domain name
registration is acknowledged by the applicable registry; for domain names registrations which were not returned to
the available namespace, the term begins on the date the previous registrant's domain name registration was
acknowledged by the applicable registry.
You agree that we are 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 a request to register, renew, modify the settings for, or
transfer of a domain name registration (our limitation of liability is explained further, below).
You further agree that domain name registration is a service, that domain name registrations do not exist
independently from services provided pursuant to this or a similar registration agreement with a registrar, and
that domain name registration services do not create a property interest.
YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY CLAIM(S). You further agree to
indemnify, defend and hold harmless us, and applicable registry administrator(s) (including Verisign Inc.,
Neulevel, Inc., Public Interest Registry, Afilias Limited, Cocca, and other registry operators listed at
http://www.icann.org/registries/listing.html) and all such parties' directors, officers, employees, and agents from and against any and all
claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or
consequential damages and reasonable legal fees and expenses) arising out of, or related to, the domain name
registration services you are obtaining from us.
NOT INCLUDED IN THE SERVICES: Without limitation, the following are not
included in the Services: We cannot and do not check to see whether the domain name(s) you select, or the use you
make of the domain name(s), or other of the Service(s), infringes legal rights of others. It is your responsibility
to know whether or not the domain name(s) you select or use infringes legal rights of others. We might be ordered
by a court to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact
information in association with your account and to communicate with litigants, potential litigants, and
governmental authorities. It is not our responsibility to forward court orders or other communications to you. We
will comply with court orders unless you contact us to contest the order.
IF LAWSUIT(S) ARE THREATENED:
If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to
indemnify us and to hold us harmless from the claims and expenses (including attorney's fees and court costs).
Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding
company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our
reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as
expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with
your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and
we may terminate the Services for a failure to make or renew such a deposit. We will return any unused deposit upon
the later of one year from deposit or the conclusion of the matter.
DISPUTE RESOLUTION POLICY:
You agree to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm.
You agree that the UDRP may be 4url.bizd by ICANN (or ICANN's successor) at any time. You agree that, if the
registration or reservation of your domain name is challenged by a third party, you will be subject to the
provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by
the third party. You also 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 of the UDRP.
You also understand that it is important for you to regularly monitor email sent to the email address associated
with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to
you, you may loose your rights to receive the Services if you do not respond expeditiously to an email sent in
conjunction therewith.
FEES: As consideration for the Service(s), renewal of the Service(s),
and, if you select it, automatic renewal of the Service(s), you agree to pay, prior to the effectiveness of the
desired Service(s), the applicable Service(s) fees. 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, unless this Agreement specifically provides for a refund.
At our option, we may require that you pay fees through a particular payment means (such as by credit card or by
wire transfer) or that you change from one payment provider to another.
CREDIT CARD AND OTHER CHARGES:
If you have an issue with credit card charges, you should contact 4url.biz first, ,
regarding the issue before you contact your credit card company to request a charge back or reversal of the
charges. 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 your payment of fees for any Service(s), you agree that we may suspend access to
any and all accounts you have with us and that all rights to and interest in and use of any domain name
registration(s) services, website hosting, and/or email services, including all data hosted on our systems shall be
assumed by us.
We will reinstate your rights to and control over these Services solely at our discretion, and subject to our
receipt of the unpaid fee(s) and our then-current reinstatement fee, currently set at $200(US Dollars).
Reinstatement of Service(s) may be according to the terms, if any, between you and 4URLCLUB relating to
reinstatement. Charges for the Service(s) which use our credit card payment processor will be identified on your
credit card statement as "EURO DOMAINS " or “4URLCLUB, Inc.”.
EXPIRATION AND RENEWAL OF SERVICE(S):
You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders
regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not
as a binding commitment, we may notify you via an email message or via your account when renewal fees are due.
Should these fees go unpaid, your Services will expire or be cancelled.
Payment must be made by credit card or such other method as we may allow or require from time to time. If you
select automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before
expiration, provided your credit card or other billing information is available and up to date.
You acknowledge that it is your responsibility to keep your billing information up to date and that we are not
required to, but that we may, contact you to update this information in the event that an attempted transaction is
not processed successfully.
ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION: As further
consideration for the Service(s), you agree to provide certain current, complete and accurate information about
you, both with respect to your account information and with respect to the WHOIS information for your domain
name(s).
You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect
to you, the administrative, technical, and billing contacts for your domain name registration(s) and other
Service(s), you must submit the following: name, postal address, e-mail address, voice telephone number, and where
available, fax number.
You agree that the type of information you are required to provide may change and you understand that, if you
do not provide the newly required information, your registration or and/or other Service(s) may be suspended or
terminated or may not be renewed. Not providing requested information may prevent you from obtaining all
Service(s). You may provide information regarding the name-servers assigned to your domain name(s) and, if we are
providing name-server services to you, the DNS settings for the domain name.
If you do not provide complete name-server information, or if you purchase "Name Only" Services, you agree that we
may supply this information (and point your domain name to a website of our choosing) until such time as you elect
to supply the name-server information or until such time as you elect to upgrade from "Name Only"
Services.
YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT
INFORMATION: In the event that, in registering a domain name or obtaining other Service(s), you provide
information about or on behalf of a third party, you 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 the third party's express consent to the disclosure and
use of that party's information as set forth in this Agreement.
By registering a domain name or applying for other Service(s) you also represent that the
statements in your application are true and you also represent that the domain name is not being registered or the
Services being procured for any unlawful purpose.
You acknowledge that providing inaccurate information or failing to update information promptly will constitute a
material breach of this Agreement and will be sufficient basis for suspension or termination of Services to
you.
You further agree that your failure to respond for over ten (10) calendar days to inquiries by us concerning the
accuracy of account and WHOIS contact information shall constitute a material breach of this Agreement and will be
sufficient basis for suspension or termination of Service(s) to you.
As indicated elsewhere in this Agreement, you understand that it is important for you to regularly monitor email
sent to the email address associated with your account and WHOIS contact information because, among other reasons,
if a dispute arises regarding a domain name(s) or other Service(s), you may loose your rights to the domain name(s)
or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction
therewith.
ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY:
In order to change any of your account or domain name WHOIS information, you must access your account or email
us from the administrative email address on file with any changes.
Please safeguard your account login identifier and password from any unauthorized use.
You agree that any person in possession of you account login identifier and password will have the ability and your
authorization to modify your account and domain name information.
We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized
access or disclosure, alteration or destruction of that information and that such reasonable precautions include
procedures for releasing account access information to parties who claim to have lost account access information.
You agree that, if we take reasonable precautions in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH
REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND
THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED
BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT.
If you contact us alleging that a third party has unauthorized access to your account
or domain names, you agree that we may charge you administrative fees of $50 (US dollars) per hour for our time
spent in relation to the matter, regardless of whether or not we return control over the account and/or domain
names to you.
You are advised to keep your computer virus protection updated and in addition we recommend you use this
program, however it is your responsibility to ensure that your computer system is clean of all
virus, keyloggers, worms or other spyware.
TRANSFERS:
You agree that transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available
at http://www.icann.org/transfers/, as this
policy may be modified from time to time.
You agree that we may place a "Registrar Lock" on your domain name services and that this will prevent your domain
name services from being transferred without your authorization, though we are not required to do so. By allowing
your domain name services to remain locked, you provide express objection to any and all transfer requests until
the lock is removed.
To transfer your domain name(s) you should first request us to lock or unlock your domain name(s) and/or to obtain
the EPP "AuthCode" which is required to transfer domain services in an EPP registry (such as .org). Only the
registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer
request.
Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60
days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are
bankrupt, or if you fail to pay fees when due.
We will follow the procedures for both gaining and loosing registrars as outlined in ICANN's transfer policies.
Transfer requests typically take five business days to be processed. A transfer will not be processed if, during
this time, the domain name registration services expire in which event you may need to reinstate the transfer
request. You may be required to resubmit a transfer request if there is a communication failure or other problem at
either our end or at the registry.
AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS
INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
PRIVACY POLICY:
You agree and consent that we will make available the domain name registration information you provide or that we
otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as
ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup
systems), whether during or after the term of your domain name registration services 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 such
information. Additionally, you acknowledge that ICANN may establish or modify the 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. Information regarding ICANN's
guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm,
and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree
that we may make publicly available some, or all, of the information you provide, for purposes of inspection
(such as through the WHOIS service) and other purposes as required or permitted by applicable laws.
OWNERSHIP OF INFORMATION AND DATA:
You agree and acknowledge that we own 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 the respective registrar owns the following information for those
registrations:
- (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 all contacts 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.
We do not have any ownership interest in your specific personal registration information
outside of our and/or registrar’s rights in the domain name database.
AGENTS AND LICENSES: You agree that, if you are registering a domain name
for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a
principal to all terms and conditions provided herein.
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.
AFTER EXPIRATION OF THE TERM OF A TLD DOMAIN NAME REGISTRATION:
Immediately after the expiration of the term of domain name registration services and before deletion of the domain
name in the applicable registry's database, you acknowledge that we may direct the domain name to name-servers and
IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a
parking page or a commercial search engine that may display advertisements, and you acknowledge that we may either
leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the
expired domain name so that you are no longer the listed registrant of the expired domain name.
Reactivation Period Process.
For a period of approximately 30 days after expiration of the term of domain name registration services, you
acknowledge that the registrar may provide a procedure by which expired domain name registration services may be
renewed.
You acknowledge and agree that they may, but are not obligated to, offer this process, called the "reactivation
period." You acknowledge that you assume all risks and all consequences if you wait until close to or after the
expiration of the original term of domain name registration services to attempt to renew the domain name
registration services. You acknowledge that the registrar, for any reason and in their sole discretion, may choose
not to offer a reactivation period and that we shall not be liable therefore.
You acknowledge that reactivation period renewal processes, if any, may involve additional fees which we may
determine. You acknowledge and agree that we may make expired domain name services(s) available to third parties,
that we may auction off the rights to expired domain name services (the auction beginning close to the end or after
the end of the reactivation period), and/or that expired domain name registration services may be re-registered to
any party at any time.
After the reactivation period, you agree that we may either
- (i) discontinue the domain name registration services at any time
thereafter,
- (ii) that we may pay the registry's registration fee or otherwise provide for the
registration services to be continued, or,
- (iii) if we auctioned the domain name services to a third party, that we may
transfer the domain name registration services to such third party.
In the case of (i), above, you acknowledge that certain registry administrators may
provide procedures by which discontinued domain name registration services may nonetheless be renewed.
You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the
"Redemption Grace Period" ("RGP").
You acknowledge that the registrar, for any reason and in their sole discretion, may choose not to participate in
the RGP process with respect to any or all of your domain name registration services and that we shall not be
liable therefore. If available, RGP typically ends between 30 and 42 days after the end of the reactivation period
of the domain name services, as the reactivation period applied to you. The typical RGP fee is $200 plus any
registration fees. You agree that we are not obliged to contact you to alert you that the domain name registration
services are being discontinued.
In the case of (ii), above, you acknowledge that we may then set the name-servers and the DNS settings for the
domain name services, that we set the DNS to point to no IP address or to IP address(es) which host parking page(s)
or a commercial search engine that may display paid advertisements, and you acknowledge that we may 4url.biz the
contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant
of the expired domain name. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn
as a result. You agree that we are not obliged to contact you to alert you that the domain name registration
services are being continued. In this case, the domain name will be designated as being in the extended redemption
grace period ("ERGP"), and you will be allowed to assume, during the first 120 days of the then extant registration
term, complete management of the domain name services, including the right to control the DNS settings, provided
that you pay a fee of $200 (US dollars) plus any registration fees. After the end of the 120-day period, if you do
not exercise your rights under this provision, you agree that you have abandoned the domain name services, and
relinquish all rights and use of the domain name services.
In the case of (iii), above, the third party who won the auction for the domain name services will control the
domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain
name registration services for a period of up to 42 days after the end of the reactivation period, as such
reactivation period applied to you. You agree that we are not obliged to contact you to alert you that the domain
name registration services are or were auctioned. You acknowledge that we do not have to pay you any of the
proceeds, if any, we may earn as a result of such an auction. To exercise your rights to recover auctioned domain
name services, you must contact us and provide us with a certified letter addressed to "Expiration Recovery" and
including documents setting forth your identity and address, which identity and address must be the same as that of
the registrant as it was listed in the WHOIS information for the domain name services prior to expiration, a copy
of a commonly accepted (in the United States) picture ID (such as a drivers license or passport) which supports
your identity and address claim, a front and back photocopy of your credit card and you must a statement
authorizing payment of the reinstatement fee to such credit card, which is $200 plus any registration fees. In
doing so, you must provide us with sufficient time to allow us to receive and evaluate your documents and to
contact the auction winner prior to the end of 30 days after the end of the reactivation period of the domain name
services.
LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY
- (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME
REGISTRATION SERVICES,
- (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION
SERVICES,
- (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS,
- (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS
OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US;
- (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL
- (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION;
- (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION;
- (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT
IDENTIFIER OR PASSWORD; OR
- (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT WE 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 WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00 US
Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
INDEMNITY: With respect to ICANN, the registry operators, us, as well as the contractors,
agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to release,
indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney's fees and
court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder,
or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the
Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or
from the violation of any of our operating rules or policies relating to the Service(s) provided.
When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this
Agreement, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the
costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the
posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to
provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole
discretion, result in loss of your right to control the disposition of domain name services for which you are the
registrant and in relation to which we are the registrar of record. This indemnification is in addition to any
indemnification required under the UDRP.
REPRESENTATIONS AND WARRANTIES: YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF,
NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF
OTHER OF THE SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY.
YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE
SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT
REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE(S), 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, WE MAKE 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.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR
E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA.
WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICE(S) OR ANY
TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
GOVERNING LAW AND JURISDICTION FOR DISPUTES:
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain
name registration this Agreement, your rights and obligations and all actions contemplated by this Agreement shall
be governed by the laws of the United Kingdom, as if the Agreement was a contract wholly entered into and wholly
performed within the jurisdiction of the High Courts in London, UK.
You agree that any action brought by you to enforce this Agreement or any matter brought by you and which is
against or involves us and which relates to your use of the Services shall be brought exclusively in the United
Kingdom and . You consent to the personal and subject matter jurisdiction of any state or Federal court in Nevada
state within the jurisdiction of the High Courts in London, UK, relation to any dispute between you and us under
this Agreement. You agree that service of process on you by us in relation to any dispute arising under this
Agreement may be served upon you by first class mail to the address listed by you in your account and/or domain
name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by
you in your account and/or domain name WHOIS information.
Notwithstanding the foregoing, for the adjudication of third party disputes (i.e.,
disputes between you and another party, not us) concerning or arising from use of domain names registered
hereunder, you acknowledge and agree that 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 we are
located, currently London, UK.
NOTICES:
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given
if delivered in accordance with the account and/or domain name WHOIS information you have provided.
INFANCY:
You attest that you are of legal age to enter into this Agreement.
GENERAL:
This Agreement and the UDRP, together with all modifications, constitute the complete and exclusive agreement
between you and us, 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 us 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 us 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. We will amend or replace such
provision with one that is valid and enforceable and which achieves, to the extent possible, our original
objectives and intent 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 us.
THE FOLLOWING REGISTRARS ARE REFERENCED IN THIS DOCUMENT: EURO DOMAINS, Inc 4URLCLUB, Inc.
ADDITIONAL REGISTRY REQUIREMENTS,
There are additional contractual requirements that you, the registrant, must agree to should you desire to register
a domain name in any ccTLD registries. Links to information on each registry policy can be found
here: http://www.iana.org/root-whois/ or
you can use our drop-down list on located on our website http://4url.biz
Uniform Domain Name Dispute Resolution Policy
1.Purpose.
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for
Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth
the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over
the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy
will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of
Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
2.Your Representations. By applying to register a domain name, or by asking us to maintain or
renew a domain name registration, you hereby represent and warrant to us that
- (a) the statements that you made in your Registration Agreement are complete and
accurate;
- (b) to your knowledge, the registration of the domain name will not infringe upon or
otherwise violate the rights of any third party;
- (c) you are not registering the domain name for an unlawful purpose; and
- (d) you will not knowingly use the domain name in violation of any applicable laws or
regulations. It is your responsibility to determine whether your domain name registration infringes or violates
someone else's rights.
3.Cancellations, Transfers, and changes. We will cancel, transfer or otherwise make changesto
domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic
instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction,
requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative
proceeding to which you were a party and which was conducted under this Policy or a later version of this
Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the
terms of your Registration Agreement or other legal requirements.
4.Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative
proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service
providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes.
You are required to submit to a mandatory administrative proceeding in the event that a third party (a
"complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure,
that
- (i) your domain name is identical or confusingly similar to a trademark or
service mark in which the complainant has rights; and
- (ii) you have no rights or legitimate interests in respect of the domain name;
and
- (iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are
present.
b. Evidence of Registration and Use in Bad Faith. For the purposes
of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the
Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
- (i) circumstances indicating that you have registered or you have acquired the
domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name
registration to the complainant who is the owner of the trademark or service mark or to a competitor of
that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly
related to the domain name; or
- ii) you have registered the domain name in order to prevent the owner of the
trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have
engaged in a pattern of such conduct; or
- (iii) you have registered the domain name primarily for the purpose of disrupting
the business of a competitor; or
- (iv) by using the domain name, you have intentionally attempted to attract, for
commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of
confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your
web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a
Complaint.
When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your
response should be prepared. Any of the following circumstances, in particular but without limitation, if found
by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or
legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
- (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the
domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or
services; or
- (ii) you (as an individual, business, or other organization) have been commonly known by the domain
name, even if you have acquired no trademark or service mark rights; or
- (iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for
commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by
submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in
cases of consolidation as described in Paragraph 4(f).e. Initiation of Proceeding and Process and
Appointment of Administrative Panel.
The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the
panel that will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the
complainant may petition to consolidate the disputes before a single Administrative Panel. This petition
shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties.
This Administrative Panel may consolidate before it any or all such disputes in its sole discretion,
provided that the disputes being consolidated are governed by this Policy or a later version of this Policy
adopted by ICANN.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel
pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the
Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of
Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the
administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be
liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative
Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain
name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative
Panel with respect to a domain name you have registered with us. All decisions under this Policy will be
published in full over the Internet, except when an Administrative Panel determines in an exceptional case
to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in
Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of
competent jurisdiction for independent resolution before such mandatory administrative proceeding is
commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name
registration should be canceled or transferred, we will wait ten (10) business days (as observed in the
location of our principal office) after we are informed by the applicable Provider of the Administrative
Panel's decision before implementing that decision. We will then implement the decision unless we have
received from you during that ten (10) business day period official documentation (such as a copy of a
complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the
complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the
Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of
your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for
details.) If we receive such documentation within the ten (10) business day period, we will not implement
the Administrative Panel's decision, and we will take no further action, until we receive
- (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us
that your lawsuit has been dismissed or withdrawn; or
- (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the
right to continue to use your domain name.
5.All Other Disputes and Litigation. All other disputes between you and any party other than us
regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding
provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or
other proceeding that may be available.
6.Our Involvement in Disputes. We will not participate in any way in any dispute
between you and any party other than us regarding the registration and use of your domain name. You shall not name
us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such
proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action
necessary to defend ourselves.
7.Maintaining the Status Quo.
We will not cancel, transfer, activate, deactivate, or otherwise 4url.biz the status of any domain name
registration under this Policy except as provided in Paragraph 3 above.
8.Transfers During a Dispute.
9.Policy Modifications. We reserve the right to modify this Policy at any time
with the permission of ICANN. We will post our revised Policy at 4URLCLUB.net least thirty (30) calendar days
before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a
Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the
dispute is over, all such 4url.bizs will be binding upon you with respect to any domain name registration dispute,
whether the dispute arose before, on or after the effective date of our 4url.biz. In the event that you object to a
4url.biz in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you
will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel
your domain name registration.
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