Acceptable Use Policy
In order to purchase domain name and hosting through us, you agree to the
following Terms and Conditions.
All Domain Registrations are final and refunds cannot be issued for
domains successfully registered.
All DNS Hosting and ID Protect - these add on services on domains
registered are final and refunds cannot be issued as they are only sold on
our site at yearly subscription fee on completed orders.
Website Hosting Fees: Setup fees if any, are not refundable. Unused
Hosting Fees paid in advance are refundable with a 15 day advanced
cancellation notice in writing by submitting a Support Ticket, contacting us
by mail, or sending a fax to 786-360-2578. The unused portion of your
hosting account amount will be either credited to your account towards
future purchases or posted to your credit card.
As we place our customers' websites in shared server environment, we aim
to protect all of our customers from being black listed by search engines
and spam black lists by not allowing any illegal, spam, adult/pornographic
or objectionable content on our servers. Many search engines will black list
a server IP address if there is a spam or pornographic content website on
it. An innocent commercial websites suffer by loosing search engine traffic
because their hosting companies are hosting a porn site or a spammer on the
same server where their corporate site resides. We spot check content of
sites hosted by us and will terminate or move any customer whose web content
may negatively impact on other customers search engine ratings and listings
or whose content is deemed illegal, inappropriate, dangerous, pornographic
or who promotes their website by means of UCE / SPAM.
We do not permit Mass Mail through our mail servers. A webmaster /
website owner may email only to their private mailing list collected solely
from/through his/hers website. This means you can email to your
customers/subscribers/members who signed up on your website or previously
purchased from you if you are emailing via mail list software. You may not
use our server email to a list purchased from a third party, no matter how
much that party swears that list is opt-in/genuine.... You would need to
utilize a third party mailing service distributing any email to such list.
Our mail servers have an automatic valve that will not permit more than 500
outgoing emails from a single domain per hour. This security measure is
generous enough not to hinder regular corporate email communication and it
works to protect all customers on our mail server, so the mail server would
not be abused by a spammer and subsequently black listed as Spam Source by
other mail providers.
We Shield our customers and servers from SPAM and utilize the following
SPAM protection which is automatically installed as default on all of our
servers: We block all email from IP addresses listed by bl.spamcop.net ( see
http://www.spamcop.net ) and sbl-xbl.spamhaus.org ( see www.spamhaus.org ).
Our customers who wish to permit email from IP addresses blacklisted in
these databases can request to be put on exception list, then all mail will
be unfiltered to all accounts on such domain that is entered to BL exception
list. Each domain also has the ability to turn on spam assassin ( see
www.spamassassin.org ) which is a sophisticated mail filtering add-on that
recognizes spam and based on customer configurable definitions it either
tags the emails recognized as SPAM or even deletes unwanted spam emails.
We shield our customers and servers from VIRUSES and utilize MailScanner
with F-Prot Virus Scan engine. Further more our mail servers are programmed
not to permit delivery of .exe .scr .bat .com and other attachments known to
carry executable malicious code that can harm customers computer if
executed.
The following text is a detailed
Website Hosting Terms and Conditions Agreement:
By using the website hosting services (hereinafter the "Services,"
defined further below), you signify your agreement to the terms and
conditions contained in this Website Hosting Agreement (hereinafter, the
"Agreement"). This Agreement is between you, your organization (if you are
entering into this Agreement on behalf of an organization), collectively
referred to herein as "you" or "your" (and appropriate formatives), the
website hosting service provider offering these services to you, if any,
(the "Primary Service Provider") and the backend service provider H.G.
Enterprises or ghostingdesigns.com. (the "Backend Service Provider").
These terms and conditions may be modified from time to time.
Modifications made to this Agreement will become effective 30 days after the
modifications are posted. This Agreement shall be posted through the
interface which you use to configure and/or otherwise order the Hosting
Services (the "Services Interface"). You agree that you will check the terms
and conditions periodically and that, if you no longer agree to the terms
and conditions of this Agreement, that you will stop using the Services and
that you will terminate the Services as described below in paragraph 4.
The Services consist of the website hosting package with the specific
configuration which you selected or are going to select through the Services
Interface as you use the Services. You acknowledge and understand that
important service limitations (including bandwidth limitations and other
capacity matrices), pricing (including pricing for optional Services, such
as automatic capacity upgrade in the event of overage), the term of the
Service, payment terms, and other conditions relating to the Services are
conveyed through the Services Interface and are hereby incorporated into
this Agreement.
You are hereby informed that, if you use a credit card to pay for the
Services, that the charge for the Services may appear under a name other
than the name of the Primary Service Provider (the name being generally
descriptive of the Services) and that, prior to contacting your credit card
company in relation to such charges, that you will first contact the Primary
Service Provider to verify the charges and the manner of billing. You agree
that any chargeback by a credit card company (or similar action by another
payment provider) of a charge related to the Services, for whatever reason,
is a material breach of this Agreement and is grounds for termination. You
further agree that, upon a chargeback by you, you agree and acknowledge that
Primary Service Provider may suspend your access to any account you have and
your use of any domain names, websites, website content, email, or other
data hosted on our web hosting systems. We will reinstate your rights solely
at our discretion, and subject to our receipt of the fee owed and our
then-current reinstatement fee, currently set at US$50.
You agree that the Services shall be provided for the term you selected
through the Services Interface. Unless you terminate the Services THROUGH
THE SUPPORT INTERFACE HELP DESK prior to the end of the then extant Services
term, you agree that the Services may be renewed for another term of equal
duration to the immediately preceding term and that the resulting fees shall
be charged to the credit card associated with your account. You agree to
hereby waive any requirement which might otherwise be imposed by law which
would require that either the Primary Service Provider or the Backend
Service Provider obtain your affirmative consent for on-going billings and
that your continuing consent to be billed for such renewals may be
presumed until such time as you terminate the Services through the Services
Interface. You agree that attempts to terminate the Services other than
through the Services Interface (such as by sending an email to a general
email address of either the Primary Service Provider or the Backend Service
Provider) are not reliable means of communication and that such a
termination attempt shall not binding until accepted and acknowledged by
either the Primary Service Provider or the Backend Service Provider. In
relation to renewals, you further agree that it is your obligation to keep
the credit card information associated with your account current and that
neither the Primary Service Provider nor the Backend Service Provider shall
be obligated to contact you to update such information in the event that the
charges are denied.
Your use of the Services may be suspended and/or this Agreement may be
terminated if either the Primary Service Provider or the Backend Service
Provider determines that you are or are alleged to be violating the terms
and conditions of this Agreement or any other agreement entered into by you
and either the Primary Service Provider or the Backend Service Provider. In
the event of termination or suspension of Services under such circumstances,
you agree a) that no pre-paid fees will be refunded to you and b) that
either the Primary Service Provider or the Backend Service Provider may take
control of any domain name associated with the terminated Services, provided
such domain name was registered through the domain name registration
services of either the Primary Service Provider or the Backend Service
Provider. You understand that taking control of a domain name includes,
without limitation, acts such as listing such controlling party as the
"registrant" and/or "administrative contact" for the domain name and
controlling the DNS settings for the domain name.
Either the Primary Service Provider or the Backend Service Provider may
elect to terminate this Agreement without cause and discontinue the Services
upon 15 days notice, whereupon any pre-paid fees for an unused portion of a
service term shall be refunded to you within a 15 days period of time. You
further agree that, within 30 days of your initial enrolment to receive the
Services, either the Primary Service Provider or the Backend Service
Provider may elect to terminate this Agreement without cause and that, in
such event, the termination shall take effect immediately and that any
pre-paid fees for an unused portion of your service term shall be refunded
to you within 7 days period of time.
The Services are provided through an infrastructure which is shared by
all users of the Services. Your use of the Services may be throttled or
suspended indefinitely if your use of the Services degrades the ability of
either the Primary Service Provider or the Backend Service Provider to
provide the Services to other users of the Services.
You acknowledge that email and/or online communication systems (chat,
account notices, etc.) will be the primary means of communication between
yourself and the Primary Service Provider and/or the Backend Service
Provider. Thus you acknowledge that it is your responsibility to maintain a
current email address and physical mailing address in your contact
information. You further agree that you will regularly login to your account
to obtain any notices posted through the Hosting Services Interface. You
agree that your failure to respond to a communication from either the
Primary Service Provider or the Backend Service Provider may result in
suspension or cancellation of Services without any refund of pre-paid fees,
if any.
You acknowledge that neither the Primary Service Provider nor Backend
Service Provider are obligated to return any data to you upon termination of
this Agreement. You acknowledge that it is your responsibility to download,
make copies of, and/or backup all data residing on the servers and other
equipment which provide the Services and to do so within the bandwidth
limitations of the Services. You acknowledge that any loss or corruption of
data which occurs due to an interruption in the Services, regardless of the
cause of the interruption, shall not be the responsibility of the Primary
Service Provider or Backend Service Provider and that you may, following an
interruption in the Services, be required to upload the data to the servers
and other equipment which provide the Services.
You agree that any personally identifying information provided by you
shall be used by the Primary Service Provider according to the privacy
policy of the Primary Service Provider, if any, and by the of the Backend
Service Provider according to the privacy policy posted here.
You represent and warrant as follows: that
a) you are lawfully entitled to use, display, posses, or access the data
uploaded, linked to, framed, or otherwise posted on your website by you
and/or by the users of your website;
b) that your website and your use of the Services will not infringe the
intellectual property rights of any third party;
c) that your website and your use of the Services will not violate any
laws, including, without limitation, laws relating to unsolicited commercial
email, child pornography, collection of identifying information, consumer
protection, and privacy;
d) that neither you nor those who access your website will upload any
worms, virus, or malicious code to the servers which provide the Services;
and
e) that your website and your use of the Services will not subject either
the Primary Service Provider or Backend Service Provider to any claims by
any third party, including claims relating to infringement of intellectual
property rights or claims relating to the products or services which you may
provide or offer through the website hosted through the Services.
f) that you will not display any pornographic/adult material on your
website.
h) that you will not sell, promote or link any pornographic, adult, SPAM
/ UCE or otherwise illegal product or service on your website.
i) that you will not utilize SPAM / UCE (unsolicited commercial email) to
promote your website.
You further represent and warrant that you will not allow any
unauthorized third party to access the account which you use to access the
Services.
EXCLUSIVE REMEDIES FOR UNPLANNED SERVICE INTERRUPTIONS: You agree that
any unplanned or unannounced interruptions in the Services shall not require
a remedy unless such unplanned or unannounced interruptions exceed 24 hours
in any 30 day period, in which case you agree that the exclusive remedy
shall be a credit toward 24 hours of hosting for each 24 hour period of
unplanned or unannounced interruptions, and that such credit shall
exclusively be applied against the fees owed for your next period of
hosting, if any, or shall be exclusively be accomplished by adjusting the
end of your then-current Service term.
LIMITATION OF LIABILITY: YOU AGREE THAT NEITHER THE PRIMARY SERVICE
PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY (A) SUSPENSION
OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS
PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE'S PROVIDED THROUGH OR BY THE
SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA
NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(F) EVENTS BEYOND THE CONTROL OF THE PRIMARY SERVICE PROVIDER OR BACKEND
SERVICE PROVIDER; (G) THE PROCESSING OF YOUR APPLICATION FOR THE SERVICES;
OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF
YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER AGREE THAT NEITHER THE
PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL 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, REGARDLESS OF WHETHER
OR NOT EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE
MAXIMUM AGGREGATE LIABILITY OF EITHER THE PRIMARY SERVICE PROVIDER OR THE
BACKEND SERVICE PROVIDER EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE
SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED
DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES, THE LIABILITY OF THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE
PROVIDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNIFICATION: YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY
SERVICE PROVIDER AND BACKEND SERVICE PROVIDER, THEIR CONTRACTORS, AGENTS,
EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES,
CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES AND COURT COSTS, FOR THIRD
PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY YOU OR SOMEONE ELSE
USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT
OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF
THIS AGREEMENT. WHEN EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND
SERVICE PROVIDER MAY BE INVOLVED IN A SUIT INVOLVING A THIRD PARTY AND WHICH
IS RELATED TO THE SERVICES UNDER THIS AGREEMENT, EITHER THE PRIMARY SERVICE
PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY SEEK WRITTEN ASSURANCES FROM
YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM
THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN
ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES.
YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS
AGREEMENT BY YOU.
DISCLAIMER OF WARRANTIES: NEITHER THE PRIMARY SERVICE PROVIDER NOR
BACKEND SERVICE PROVIDER MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE
SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES
ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EITHER THE
PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER 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: 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 Florida, as if the Agreement was a
contract wholly entered into and wholly performed within the State of
Florida. You agree that any action to enforce this Agreement or any matter
relating to your use of the Services shall be brought exclusively in the
United States District Court for the Southern District of Florida, or if
there is no jurisdiction in such court, then in a state court in Miami-Dade
County, Florida state. You consent to the personal and subject matter
jurisdiction of any state or Federal court in Miami-Dade County, Florida
state in relation to any dispute arising under this Agreement. You agree
that service of process on you by either the Primary Service Provider or
Backend Service Provider 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 contact information or by electronically transmitting a true
copy of the papers to the email address listed by you in your contact
information.
In order to register a domain name through our service, you must also
read and agree to respective Domain registration agreement.
GHOSTINGDESIGNS.COM REGISTRATION AGREEMENT
This Registration Agreement ("Agreement") sets forth the terms and
conditions of your use of ghostingdesigns.com/eNom domain name registration
services to register an Internet domain name, your registration of that
domain name, as well as other ghostingdesign.com/eNom domain name related
services. In this Agreement "you" and "your" refer to each customer and
"we", "us" and "our" refer to ghostingdesign.com/eNom. This Agreement
explains our obligations to you, and explains your obligations to us for
various ghostingdesigns.com/eNom services. By selecting our service(s) you
have agreed to establish an account with us for such services. When you use
your account or permit someone else to use it to purchase or otherwise
acquire access to additional ghostingdesigns.com/eNom service(s) or to
cancel your ghostingdesigns.com service(s) (even if we were not notified of
such authorization), this Agreement covers such service or actions. By using
the service(s) provided by ghostingdesigns.com/eNom under this Agreement,
you acknowledge that you have read and agree to be bound by all terms and
conditions of this Agreement, the accompanying dispute policy and any
pertinent rules or policies that are or may be published by
ghostingdesigns.com/eNom.
This Agreement will become effective when accepted by ghostingdesigns.com/eNom.
ghostingdesigns.com/eNom 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. Our Services:
eNom is an accredited registrar with the Internet Corporation for
Assigned Names and Numbers ("ICANN") for Top Level Domain Names (TLDs),
currently .com, .net and .org. ICANN oversees registrations and other
aspects of the TLDs. As an accredited domain name registrar, eNom is, upon
accepting your domain name registration application, your sponsor for that
application. All domain name registrations we register for TLDs are not
effective until we have delivered the domain name registration information
you provide us to the registry administrator for the TLDs, as applicable,
and the registry administrator puts into effect your domain name
registration. Currently, the registry administrator for the .com, .net and
.org TLDs is Network Solutions, Inc.
You agree and acknowledge that ghostingdesigns.com/eNom 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 any direct, indirect, incidental, special or consequential
damages and reasonable legal fees and expenses) arising out of, or related
to, your domain name registration.
2. What We Do Not Do:
We cannot and do not check to see whether the domain name you select, or
the use you make of the domain name, infringes legal rights of others. We
urge you to investigate to see whether the domain name you select or its use
infringes legal rights of others, and in particular we suggest you seek
advice of competent counsel. You may wish to consider seeking one or more
trademark registrations in connection with your domain name. You should be
aware that there is the possibility we might be ordered by a court to
cancel, modify, or transfer your domain name. You should also be aware that
if we are sued or threatened with lawsuit in connection with your domain
name, we may turn to you to hold us harmless and to indemnify us.
3. Fees:
As consideration for the domain name registration services and/or other
services provided by ghostingdesigns.com/eNom to you, you agree to pay
ghostingdesigns.com/eNom, prior to the effectiveness of the desired domain
name registration, the applicable service(s) fees 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. 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 ghostingdesigns.com/eNom in its sole discretion).
As further consideration for the ghostingdesigns.com/eNom service(s), you
agree to: (1) provide certain current, complete and accurate information
about you as required by the registration process and (2) maintain and
update this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information ("Account
Information"). 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 ghostingdesigns.com/eNom as the paying entity for that registration to
the registry. 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$20.
You will be notified via an email message or via your account information
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 accordingly.
4. Disclaimer and Domain Name Dispute Policy:
If you request, reserved or registered a domain name through us, or
transferred a domain name to us from another registrar, you agree to be
bound by ghostingdesigns.com/eNom's current Disclaimer published on our site
("Disclaimer") and our current Domain Name Dispute Policy ("Dispute Policy")
which are incorporated herein and made a part of this Agreement by
reference. Certain disputes, as specified in the Dispute Policy, are subject
to that Policy. 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 ghostingdesigns.com/eNom harmless pursuant to the terms
and conditions contained in the Dispute Policy.
5. Transfer to another Registrar:
You agree that you may not transfer your domain name registration to
another domain name registrar during the first sixty (60) days from the
effective date of your initial domain name registration with
ghostingdesigns.com/eNom. You agree to provide written, signed authorization
to ghostingdesigns.com/eNom for the transfer of the domain name to another
registrar and agree to pay any and all fees that may be charged by
ghostingdesigns.com/eNom to effect the transfer. There is currently NO
CHARGE to transfer your domain to another Registrar. Your request to
transfer to another registrar may be denied in situations described in the
Dispute Policy, including, but not limited to: a dispute over the identity
of the domain name holder; bankruptcy; and default in the payment of any
fees.
6. Modifications to ghostingdesigns.com/eNom's Registration Agreement and
Dispute Policy:
You agree, during the period of this Agreement, that we may: (1) revise
the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change will be binding
and effective immediately on posting of the revised Agreement or change to
the service(s) on ghostingdesigns.com/eNom's web site, or on notification to
you by e-mail or United States mail. You agree to review ghostingdesigns.com/eNom's
web site, including the Agreement, periodically to be aware of any such
revisions. If you do not agree with any revision to the Agreement, you may
terminate this Agreement at any time by providing us with notice by e-mail
at ghostingdesigns.comsupport@ghosting.com or United States mail at the
addresses listed on the cover page of this Agreement. Notice of your
termination will be effective on receipt and processing by us. You agree
that, by continuing to use the ghostingdesigns.com/eNom services following
notice of any revision to this Agreement or change in service(s), you abide
by any such revisions or changes. You further agree that we, in our sole
discretion, may modify our Dispute Policy at any time. Your continued use of
the domain name registered to you shall constitute your acceptance of this
Agreement and the Dispute Policy with the new modifications. You acknowledge
that 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 Policy.
7. Account Information and Its Use:
a. Information You Are Required to Submit. As part of the registration
process, you are required to provide certain information and to update this
information promptly as needed 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:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address, e-mail
address, voice telephone number, and where available, fax number; and
iii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the billing contact for the domain name;
and
iv. Valid payment information
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 the requested 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.
b. 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:
i. The original creation date of the registration;
ii. The submission date and time of the registration application to us
and by us to the proper registry;
iii. Communications (electronic or paper form) constituting registration
orders, modifications, or terminations and related correspondence between
you and us;
iv. Records of account for your domain name registration, including dates
and amounts of all payments and refunds;
v. The IP addresses of the primary name server and any secondary
name servers for the domain name;
vi. The corresponding names of those name servers;
vii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the technical contact for the domain
name;
viii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the zone contact for the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding all other
activity between you and us and third parties relating to your domain name
registration and related services.
c. Your Obligations Relating to the Account Information. In the event
that, in registering the domain name, you are providing information about or
on behalf of 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. By registering a name or
applying for services you also represent that the statements in its
application are true and you also represent that the Domain Name is not
being registered for any unlawful purpose.
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 for over ten (10 ) calendar days to inquiries by ghostingdesigns.com/eNom
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.
d. Privacy Policy: Disclosure and Use of Registration Information. You
agree and acknowledge that ghostingdesigns.com/eNom 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 ghostingdesigns.com/eNom 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
ghostingdesigns.com/eNom 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 and other information by
ghostingdesigns.com/eNom.
You may access your domain name registration information in our
possession to review, modify or update such information, by accessing your
account at our web site (http://www.ghostingdesigns.com/eNom.com), or via a
similar service. In order to change any of your account information with us,
you must use your Account Identifier and Password that you selected when you
opened your account with us. Please safeguard your Account Identifier and
Password from any unauthorized use. You agree that any person in possession
of you Account Identifier and Password will have the ability and your
authorization to modify your account information. In no event will we be
liable for the unauthorized use or misuse of your Account Identifier or
Password. ghostingdesigns.com/eNom 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.
8. Ownership of Information and Data:
You agree and acknowledge that ghostingdesigns.com/eNom 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 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. ghostingdesigns.com/eNom
does not have any ownership interest in your specific personal registration
information outside of its rights in our domain name database.
9. 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,
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.
10. Announcements:
We reserve the right to distribute information to you that is pertinent
to the quality or operation of our services and those of our service
partners. These announcements will be predominately informative in nature
and may include notices describing changes, upgrades, new products or other
information to add security or to enhance your identity on the Internet
11. Limitation of Liability:
YOU AGREE THAT ghostingdesigns.com/eNom WILL NOT BE LIABLE FOR ANY (1)
SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF
YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES
YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY
RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND ghostingdesigns.com/eNom'S
CONTROL; (8) THE PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY
RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR
PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. ghostingdesigns.com/eNom
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 ghostingdesigns.com/eNom HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ghostingdesigns.com/eNom'S
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). 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.
12. Indemnity:
You agree to release, indemnify, and hold all Registry Operators,
ghostingdesigns.com/eNom, their contractors, agents, employees, officers,
directors and affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising under
this Agreement, the ghostingdesigns.com/eNom services provided hereunder or
your use of the ghostingdesigns.com/eNom services, including without
limitation infringement by you, or someone else using any
ghostingdesigns.com/eNom service with your computer, of any intellectual
property or other proprietary right of any person or entity, or from the
violation of any ghostingdesigns.com/eNom operating rule or policy relating
to the service(s) provided. When ghostingdesigns.com/eNom is threatened with
suit by a third party, ghostingdesigns.com/eNom may seek written assurances
from you concerning your promise to indemnify ghostingdesigns.com/eNom; your
failure to provide those assurances may be considered by us to be a breach
of your Agreement and may result in deactivation of your domain name. This
indemnification is in addition to any indemnification required under the
Dispute Policy.
13. 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, ghostingdesigns.com/eNom 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. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE ghostingdesigns.com/eNom'S 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.
ghostingdesigns.com/eNom MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE E-MAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM ghostingdesigns.com/eNom OR THROUGH THE E-MAIL
SERVICE 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.
14. Breach and Revocation:
ghostingdesigns.com/eNom reserves the right to suspend, cancel, transfer
or modify your domain name registration or suspend, cancel or modify other
services we provide 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 ghostingdesigns.com/eNom, (b) you use the domain name
registered to you to send unsolicited commercial advertisements in
contradiction to either applicable laws or customary acceptable usage
policies of the Internet, (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
subject to suspension, cancellation or transfer by any ICANN procedure, by
any registrar (including ghostingdesigns.com/eNom) or registry administrator
procedures approved by an ICANN-adopted policy, (1) to correct mistakes by
ghostingdesigns.com/eNom, another registrar or the registry administrator in
administering the name or (2) for the resolution of disputes concerning the
domain name.
You also agree that ghostingdesigns.com/eNom 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 ghostingdesigns.com/eNom 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.
15. Right Of Refusal:
We, in our sole discretion, reserve the right to refuse to register or
reserve your chosen domain name or register you for other
ghostingdesigns.com/eNom service(s), or to delete your domain name within
thirty (30) calendar days from receipt of your payment for such services. In
the event we do not register or reserve your domain name or register you for
other ghostingdesigns.com/eNom service(s), or we delete your domain name or
other ghostingdesigns.com/eNom service(s) within such thirty (30) calendar
day period, we agree to refund your applicable fee(s). You agree that we
shall not be liable to you for loss or damages that may result from our
refusal to register or reserve, or delete your domain name or register you
for other ghostingdesigns.com/eNom service(s)
16. Governing Law:
Except as otherwise set forth 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 Florida, as if the Agreement was a
contract wholly entered into and wholly performed within the State of
Florida. Except as otherwise set forth in the Dispute Policy with respect to
disputes, any action to enforce this Agreement or any matter relating to
your use of the ghostingdesigns.com/eNom site shall be brought exclusively
in the United States District Court for the Southern District of Florida, or
if there is no jurisdiction in such court, then in a state court in
Miami-Dade County.
17. Notices:
You agree that any notices required to be given under this Agreement by
ghostingdesigns.com/eNom to you will be deemed to have been given if
delivered in accordance with the contact information you have provided.
18. Infancy:
You attest that you are of legal age to enter into this Agreement.
19. General:
This Agreement, ghostingdesigns.com/eNom's Disclaimer and the Dispute
Policy, together with all modifications, constitute the complete and
exclusive agreement between you and ghostingdesigns.com/eNom, and supersede
and govern all prior proposals, agreements, or other communications. Nothing
contained in this Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties. The
failure of ghostingdesigns.com/eNom 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 ghostingdesigns.com/eNom 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 Policy 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 Policy unenforceable or invalid as a whole. ghostingdesigns.com/eNom
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 ghostingdesigns.com/eNom as reflected in the original provision.
This Agreement, ghostingdesigns.com/eNom's Disclaimer and the Dispute Policy
may not be amended or modified by you except by means of a written document
signed by both you and an authorized representative of ghostingdesigns.com/eNom.
20. Additional Registry Requirements
Listed below are additional contractual requirements that you, the
registrant, must agree to should you desire to register a domain name in
these registries.
(.INFO) Should you seek to register a .INFO second level domain name you,
the registrant, must agree to the following terms:
Registrant consents to the use, copying, distribution, publication,
modification, and other processing of Registered Domain Name Holder's
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.
Registrant agrees 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.
Registrant agrees to immediately correct and update the registration
information for the Registered Name during registration term for the
Registered Name, failure to correct this information shall constitute a
breach of this Agreement.
Registrant acknowledges 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 Registered Name during these periods, and (b) the
results of any dispute over a Sunrise Registration.
Registrar and Afilias, the registry operator for .INFO, expressly reserve
the right to deny, cancel or transfer any registration that it 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 Registrar and/or Afilias as well as their affiliates, subsidiaries,
officers, directors and employees. Registrar and Afilias also reserve the
right to freeze a domain name during resolution of a dispute.
(.BIZ) Should you seek to register a .BIZ
second level domain name you, the registrant, must agree to the following
terms:
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:
I. To exchange goods, services, or property of any kind;
II. In the ordinary course of trade or business; or
III. To facilitate:
a) the exchange of goods, services, information, or property of any kind;
or,
b) the ordinary course of trade or business.Registering a domain name
solely for the purposes of
i. selling, trading or leasing the domain name for compensation, or
ii. the unsolicited offering tosell, trade or lease the domain name for
compensation shall not constitute a"bona fide business or commercial use" of
that domain name.
BIZ CERTIFICATION. As a .biz domain name registrant, you hereby certify
to the best of your knowledge that:
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
a. selling, trading or leasing the domain name for compensation, or
b. 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
1. The domain name registrant has the authority to enter into the
registration agreement; and
2. the registered domain name is reasonably related to the registrant's
business or intended commercial purpose at the time of registration.
PROVISION OF REGISTRATION DATA.
a) 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,
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
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.
b) 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.
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:
(i) The Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at
http://www.neulevel.com/countdown/stop.html; and
(iii) 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 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.
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.
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.
RESERVATION OF RIGHTS. ghostingdesigns.com/eNom, Inc. and the .biz
Registry Operator, NeuLevel, Inc. expressly reserve the right to deny,
cancel or transfer any registration that it 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 ghostingdesigns.com/eNom,
Inc. and/or NeuLevel, Inc., as well as their affiliates, subsidiaries,
officers, directors and employees. ghostingdesigns.com/eNom, Inc. and
NeuLevel, Inc. also reserve the right to freeze a domain name during
resolution of a dispute.