This Registration Agreement ("Agreement") sets forth the terms and
conditions of your use of Alabanza, Inc. d/b/a BulkRegister.com, Inc. to
register a domain name on the Internet. Alabanza, Inc. is an accredited
registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN")
under an agreement between Alabanza, Inc. and ICANN ("ICANN
Agreement"). Hereinafter, Alabanza, Inc. d/b/a BulkRegister.com, Inc., will
be refered to as BulkRegister.com. To complete the registration process, you
must read and agree to be bound by all terms and conditions of this Agreement,
the accompanying fee schedule and dispute policy, and any rules or policies that
are or may be published by BulkRegister.com. This Agreement will become
effective when accepted by BulkRegister.com. You acknowledge that
BulkRegister.com may modify this Agreement if necessary to comply with the ICANN
Agreement, or for any other business purpose.
1. Fees
As consideration for the domain name registration services provided by
BulkRegister.com, you shall pay all applicable initial registration fees and
renewal fees. You will be notified when renewal fees are due, and it shall be
your responsibility to ensure that such fees are paid. Should these fees go
unpaid by the time specified in the renewal notice, your registration will be
cancelled. You agree that BulkRegister.com shall have no liability whatsoever
with respect to any such cancellation, and that BulkRegister.com may cancel or
reassign the domain name in the event of delinquency.
2. Dispute Policy
In applying for a domain name, you warrant that the registration is not made in
bad faith and that the name does not conflict with another domain name. You
agree to be bound by the current BulkRegister.com Domain Name Dispute Policy
("Dispute Policy") which is incorporated into this Agreement by
reference. The Dispute Policy can be found at http://www.bulkregister.com/disputepolicy.html.
Any disputes regarding the right to use your domain name will be subject to the
Dispute Policy. BulkRegister.com may modify the Dispute Policy in its sole
discretion at any time. Your continued registration of your domain name after
modification to the Dispute Policy becomes effective constitutes your acceptance
of those modifications. If you do not agree to such a modification, you may
request that your domain name be deleted.
You agree that you will be subject to the provisions specified in the Dispute
Policy in effect at the time your domain name is challenged by a third party.
You also agree that in the event a domain name dispute arises with any third
party, you will indemnify, defend and hold BulkRegister.com harmless.
3. Use of Your Information
As part of the registration process, you are required to provide certain
information and to update this information to keep it current, complete and
accurate. This information includes (i) your full name, postal address, e-mail
address, voice telephone number, and fax number if available; (ii) the name of
an authorized person for contact purposes in the case of a registrant that is an
organization, association, or corporation; (iii) the IP addresses of the primary
nameserver and any secondary nameservers for the domain name; (iv) the
corresponding names of those nameservers; (v) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
technical contact for the domain name; (vi) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
administrative contact for the domain name; (vii) the name, postal address,
e-mail address, voice telephone number, and fax number if available of the zone
contact for the domain name; and (viii) any remark concerning the registered
domain name that should appear in the Whois data.
You acknowledge that providing inaccurate information or failing to update
information promptly will constitute a material breach of this Agreement and
will be a basis for cancellation of your domain name. If you license use of a
domain name to a third party, you remain responsible for providing your own full
contact information and for providing and updating accurate technical,
administrative, and zone contact information.
You acknowledge that BulkRegister.com will make some of the information that you
provide during the registration process publicly available as required by ICANN.
Additionally, you acknowledge that ICANN may impose guidelines, limits and/or
requirements that relate to the amount and type of information that
BulkRegister.com may or must make available to the public or to private
entities. BulkRegister.com will not otherwise disclose your information to any
third party unless it is required to maintain your domain name. You may request
a copy of your information in BulkRegister.com's possession to review, modify or
update such information.
4. Use Policies
BulkRegister.com reserves the right to suspend or cancel your domain name in the
event that you use the domain name to send unsolicited commercial advertisements
in contradiction to either applicable laws or customary acceptable usage
policies of the Internet, or if you use your domain name in connection with
unlawful activity.
5. Agents and Licenses
You agree that, if your domain name is registered on your behalf by anyone
acting as your agent (e.g., an Internet Service Provider, employee, etc.), you
are nonetheless bound as a principal by all terms and conditions provided
herein, including the Dispute Policy.
You agree that if you license the use of your domain name to a third party, you
remain the domain name holder, and remain responsible for all obligations under
this Agreement.
6. Limitation of Liability
YOU AGREE THAT ALABANZA, INC. d/b/a BULKREGISTER.COM WILL NOT BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF
REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO BULKREGISTER.COM'S REGISTRATION SYSTEM; (d)
THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND BULKREGISTER.COM; (e)
EVENTS BEYOND BULKREGISTER.COM's CONTROL; (f) THE PROCESSING OF THIS
APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED
WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES
HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER,
BULKREGISTER.COM WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE
FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EVEN IF BULKREGISTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL BULKREGISTER.COM'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID
BY YOU TO BULKREGISTER.COM FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR
3 YEARS. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO
THE MINIMUM EXTENT PERMITTED BY LAW.
7. Indemnity
You agree to defend, indemnify and hold harmless Alabanza, Inc. d/b/a
BulkRegister.com and any applicable domain name registry, including Network
Solutions, Inc., and the directors, officers, employees and agents of each of
them, for any loss, damages or costs, including reasonable attorneys' fees,
resulting from any third party claim, action, or demand related to your domain
name or the use thereof. This indemnification is in addition to any
indemnification required under the Dispute Policy.
8. Representations and Warranties
You represent and warrant that all information provided by you in connection
with your registration is complete and accurate. BulkRegister.com makes no
representation or warranties of any kind in connection with this Agreement.
BulkRegister.com does not represent or warrant that registration of your domain
name will immunize you from challenges to your domain name.
9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be remedied by
you within 30 days of notice by BulkRegister.com. If you fail to cure the
breach, BulkRegister.com may revoke your registration of the domain name.
You also agree that BulkRegister.com shall have the right in its sole discretion
to revoke, suspend, transfer or otherwise modify a domain name registration upon
seven (7) calendar days prior written notice, or at such time as
BulkRegister.com receives a properly authenticated order from a court of
competent jurisdiction, or arbitration award, re-querying the revocation,
suspension, transfer or modification of the domain name registration.
10. Governing Law
This Agreement and all rights hereunder shall be governed by the laws of the
State of Maryland. Any action relating to this Agreement or to your use of the
BulkRegister.com site shall be brought exclusively in the courts of Maryland in
the USA.
11. General
This Agreement, the BulkRegister.com fee schedule and the Dispute Policy,
together with all amendments or modifications to any of them, constitute the
complete and exclusive agreement between you and BulkRegister.com, 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 BulkRegister.com to require your performance of any provision hereof shall
not affect the right to require such performance thereafter; nor shall the
waiver by BulkRegister.com of a breach of any provision hereof be taken or held
to be a waiver of the provision itself. In the event that any provision of this
Agreement is deemed unenforceable or invalid, such unenforceability or
invalidity shall not affect the remainder of this Agreement. BulkRegister.com
may 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
BulkRegister.com as reflected in the original provision.
No provision of this Agreement, including the
BulkRegister.com fee schedule and the Dispute Policy, may be amended or modified
by you except by means of a written document signed by BulkRegister.com.