ICANN requirements for domain registrations

Demys Limited is required under the ICANN Registrar Accreditation Agreement to obtain the agreement of its clients who are Registered Name Holders to the following provisions for domain names registered directly with Demys Limited. As detailed in our terms and conditions, by placing an order you agree to be bound by them.

1. Definitions

1.1 “ICANN” refers to the Internet Corporation for Assigned Names and Numbers.

1.2 “Personal Data” means data about any identified or identifiable natural person.

1.3 “Registered Name Holder” means the registrant of a Registered Name.

1.4 “Registered Name” means a domain name registered by or on behalf of the Registered Name Holder with Demys Limited.

1.5 “Registrar,” means Demys Limited.

1.6 “Registry Database” means a database comprised of data about one or more DNS domain names within the domain of a registry that is used to generate either DNS resource records that are published authoritatively or responses to domain-name availability lookup requests or Whois queries, for some or all of those names.

1.7 “Registry Operator” means the person or entity then responsible, in accordance with an agreement between ICANN (or its assignee) and that person or entity (those persons or entities) or, if that agreement is terminated or expires, in accordance with an agreement between the US Government and that person or entity (those persons or entities), for providing Registry Services for a specific TLD.

1.8 “Registry Services” with respect to a particular TLD, shall have the meaning defined in the agreement between ICANN and the Registry Operator for that TLD.

1.9 “DNS” refers to the Internet domain-name system.

1.10 A “TLD” is a top-level domain of the DNS.

1.11 “TLD Zone-File Data” means all data contained in a DNS zone file for the registry, or for any subdomain for which Registry Services are provided and that contains Registered Names, as provided to nameservers on the Internet.

1.12 “Personal Data” has the meaning assigned to it by the Data Protection Act 1998 or similar laws that replace or follow it.

2. In addition to the provisions of this Agreement, the Registered Name Holder is subject to the additional terms and conditions contained in the Appendix of this Agreement applicable to the type of TLD of each Registered Name registered by or on behalf of the Registered Name Holder.

3. The Registered Name Holder shall provide to the Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the data elements as follows:

3.1 The names of the primary nameserver and secondary nameserver(s) for the Registered Name;

3.2 The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and

3.3. The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.

4. A Registered Name Holder’s wilful provision of inaccurate or unreliable information, its wilful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration.

5. Any Registered Name Holder that intends to license use of a Registered Name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm.

6. The Registrar shall provide notice to each new or renewed Registered Name Holder stating:

6.1 The purposes for which any Personal Data collected from the Registered Name Holder are intended;

6.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);

6.3 Which data are obligatory and which data, if any, are voluntary; and

6.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.

7. The Registered Name Holder shall consent to the data processing referred to in clause 6.

8. The Registered Name Holder shall represent that notice has been provided equivalent to that described in clause 6 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in clause 7 of any such third-party individuals.

9. Registrar agrees that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with clause 6 above.

10. Registrar agrees that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

11. The Registered Name Holder represents that, to the best of the Registered Name Holder’s knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

12. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder agrees that it will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) the Registered Name Holder’s domicile and (2) the place where the Registrar is located. The Registered Name Holder further agrees that, if its registration or use of a Registered Name is challenged by a third party:

12.1 the Registered Name Holder shall be subject to the provisions of the appropriate dispute policy for the Registered Name as mentioned in the appropriate Appendix in effect at the time of the dispute and/or as designated in the appropriate ICANN consensus policy for the Registered Name;

12.2 the Registered Name Holder shall indemnify, defend and hold harmless the Registrar and Registry Operator and the Registrar and Registry Operator shall have no liability of any kind for any loss or damage resulting from any such dispute, including from the decision or final outcome of such dispute.

12.3 the Registered Name Holder agrees not to make any changes to the challenged Registered Name without the Registrar’s prior consent; and

12.4 the Registered Name Holder acknowledges and agrees that the Registrar may be required by a competent judicial or administrative body, the Registry Operator or ICANN, to prohibit the Registered Name Holder from making changes to the challenged Registered Name, by domain name lock or other method, until the Registrar has received notification that the dispute has been settled or until the Registrar has instructed by a competent body to implement the terms of a judicial or administrative decision in respect of the challenged Registered Name.

13. The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.

14. The Registered Name Holder shall indemnify, defend and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name.

15. Registered Name Holder’s obligations under clause 14 will survive termination of this agreement.

16. The Prior Registrant and New Registrant hereby explicitly authorise Demys Limited to act as their respective Designated Agent to approve a Change of Registrant on their behalf. The terms Prior Registrant, New Registrant, Designated Agent and Change of Registrant have the meanings assigned to them by the ICANN Transfer Policy which is available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en.

17. Registered Name Holders agree to be bound and to abide by all present and future terms and conditions, technical specifications, procedures, dispute resolution policies, rules and other policies of the Registry Operator or ICANN as applicable. Such terms and conditions are available from the relevant Registry Operator or ICANN and/or from Demys Limited on request. Registered Name Holders should visit this website regularly to keep themselves up to date as regards any or all other changes. The current full benefits and responsibilities of Registered Name Holders, to which all orders for ICANN regulated TLDs placed with Demys Limited are subject, can be accessed at:

Appendix: COM and NET

The Registered Name Holder will comply with all conditions imposed by the registry operator, from time to time. The Registered Name Holder agrees to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein by reference as a part of this Agreement, or any other dispute resolution policy imposed by ICANN or the Registry Operator.

“VeriSign, Inc.”, a Delaware corporation, with a place of business located at 21345 Ridgetop Circle, Dulles, Virginia 20166, and its wholly owned subsidiaries (“VNDS”),

Indemnification Required of Registered Name Holders. Each Registered Name Holder, holder agrees to indemnify, defend and hold harmless VNDS, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration.

Appendix: ORG

1. The Registered Name Holder will comply with all conditions imposed by the Registry Operator, from time to time.

2. The Registered Name Holder shall comply with ICANN standards, policies, procedures, and practices relevant to the Registered Name.

3. The Registered Name Holder shall:

3.1. consent to the use, copying, distribution, publication, modification and other processing of the Registered Name Holder’s Personal Data by PIR and its designees and agents in a manner consistent with the purposes specified pursuant to clause 3.1.1;

3.1.1. The Registry Operator shall take reasonable steps to protect Personal Data from loss, misuse, unauthorized disclosure, alteration or destruction. The Registry Operator shall not use or authorize the use of Personal Data in a way that is incompatible with the notice provided to registrars. The Registry Operator may from time to time use the demographic data collected for statistical analysis, provided that this analysis will not disclose individual Personal Data and provided that such use is compatible with the notice provided to registrars regarding the purpose and procedures for such use.

3.2. submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”); and

3.3. immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name;

3.4. agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, and the Sunrise Dispute Resolution Policy, and further to acknowledge that PIR has 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; and

3.5. acknowledge and agree that PIR reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of PIR, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) per the terms of the registration agreement or (5) to correct mistakes made by PIR or any Registrar in connection with a domain name registration. PIR also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

Appendix: INFO

1. The Registered Name Holder will comply with all conditions imposed by the registry operator, from time to time.

2. The Registered Name Holder shall comply with ICANN standards, policies, procedures, and practices relevant to the domain registration.

3. The Registered Name Holder must:

3.1. consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by Afilias and its designees and agents in a manner consistent with the purposes specified pursuant to clause 2.6;

3.2. submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”); and

3.3. immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name;

3.4. agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, and the Sunrise Dispute Resolution Policy, and further to acknowledge that Afilias has 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; and

3.5. acknowledge and agree that Afilias reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Afilias, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) per the terms of the registration agreement or (5) to correct mistakes made by Afilias or any Registrar in connection with a domain name registration. Afilias also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

Appendix: BIZ

The Registered Name Holder will comply with all conditions imposed by the Registry Operator, from time to time.

The applicant for a .biz TLD (“Applicants”) must:

1. Certify that:

a) The data provided in the domain name registration application is true, correct, up to date and complete; and

b) The registrant will keep the information provided above up to date.

2. Certify to the best of their knowledge that:

a) 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 (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation.

b) The domain name registrant has the authority to enter into the registration agreement; and

c) The registered domain name is reasonably related to the registrant’s business or intended commercial purpose at the time of registration.

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 Registered 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:

1. To exchange goods, services, or property of any kind;

2. In the ordinary course of trade or business; or

3. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.

Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a “bona fide business or commercial use” of that domain name.

For illustration purposes, the following shall not constitute a “bona fide business or commercial use” of a domain name:

1. Using or intending to use the domain name exclusively for personal, noncommercial purposes; or

2. Using or intending to use the domain name exclusively for the expression of noncommercial ideas (i.e., registering abcsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose);

3. Using the domain name for the submission of unsolicited bulk e-mail, phishing, pharming or other abusive or fraudulent purposes.

The Registrant acknowledges having read and understood and agrees 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, currently available at

http://www.icann.org/udrp/udrp.htm; and

(ii) The Restrictions Dispute Resolution Criteria and Rules, currently available at

http://www.neustar-registry.biz/?q=node/51.

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 UDRP processes.

The applicant acknowledges that the Registry Operator reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, employees and stockholders; (4) for violations of this Agreement and its Exhibits; or (5) to correct mistakes made by Registry Operator or any Registrar in connection with a domain name registration. Registry Operator also reserves the right to lock or place on hold a domain name during resolution of a dispute.

Appendix: .SCOT

Regarding any registration of a .SCOT domain name, the Registered Name Holder hereby agrees to Dot Scot Registry’s Policies and Rules available at http://dotscot.net/help/, such terms being incorporated herein for the sake of brevity and made integral terms of this Agreement. Dot Scot Registry may revise these terms at any time and the Registrant agrees to be bound by such revisions.

Appendix: Uniregistry domains

Regarding any registration of a .audio, .car, .auto, .cars, .click, .diet, .flowers, .game, .gift, .guitars, .help, .hiphop, .hosting, .juegos, .link, .mom, .photo, .pics, .sexy, or .tattoo domain name, or any other domain name for which the registry is Uniregistry, the Registered Name Holder hereby agrees to Uniregistry’s Policies available at http://uniregistry.link/registry-policies/, such terms being incorporated herein for the sake of brevity and made integral terms of this Agreement. Uniregistry may revise these terms from time to time and the Registrant agrees to be bound by such revisions.

Appendix: .UK

Registrations in the .uk space are bound by Nominet’s registrant terms and conditions available here:

http://www.nominet.uk/resources/policy/policies-rules/

Appendix: Registrant Rights / Benefits and Responsibilities

ICANN’s Registrant Rights and Responsibilities web page.

ICANN’s Registrants’ Benefits and Responsibilities web page.

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