1. .BIZ Registration Restrictions. You agree that your SLD name registration(s) will be used or will be intended to be used primarily for bona fide business or commercial purposes. For purposes of this Section, "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:
- To exchange goods, services, or property of any kind;
- In the ordinary course of trade or business; or
- To facilitate: (a) the exchange of goods, services, information, or property of any kind; or (b) the ordinary course of trade or business.
Your 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.
2. .BIZ Registration Certification. You hereby certify to the best of your knowledge that:
a. Your registered SLD name will be used primarily for bona fide business or commercial purposes and not exclusively for personal use. You further certify that to the best of your knowledge, your registered SLD name will not be used 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. For more information on the .biz restrictions, which are incorporated into this agreement by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
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.
3. Registration Data.
3.1. 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:
- Your full name, postal address, e-mail address, voice telephone number, and fax number if available;
- The name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
- The IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name;
- The corresponding names of those nameservers;
- The full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
- The full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
- The name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
- 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 and may be sold in bulk in accordance with the ICANN Agreement.
3.2. 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 your information, or any failure to respond for over five (5) calendar days to inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the WHOIS directory with respect to a 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 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 Policy.
4. Domain Name Dispute Policies. If you reserved or registered a domain name, you agree to be bound by NeuLevel's 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:
- The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
- The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and
- The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The STOP Policy 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 is 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 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 STOP or UDRP processes.
5. Dispute Policy Modifications. You agree that NeuLevel, in their sole discretion, may modify the STOP Policy and the RDRP. NeuLevel will post any such revised policy on their 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. NeuLevel will not refund any fees paid by you if you terminate your Agreement.
6. Domain Name Disputes. You agree that, if your use of NeuLevel's domain name registration services is challenged by a third party, you will be subject to the provisions specified in NeuLevel's 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 NeuLevel harmless pursuant to the terms and conditions set forth below in this Agreement. If NeuLevel is notified that a complaint has been filed with a judicial or administrative body regarding your use of NeuLevel's domain name registration services, you agree not to make any changes to your domain name record without NeuLevel's prior approval. NeuLevel may not allow you to make changes to such domain name record until:
- NeuLevel is directed to do so by the judicial or administrative body, or
- NeuLevel receives notification by you and the other party contesting your registration and use of NeuLevel's 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 NeuLevel's domain name registration services, NeuLevel may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from NeuLevel.
7. Reservation of Rights. Registrar and NeuLevel 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 NeuLevel, as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and NeuLevel also reserve the right to freeze a domain name during resolution of a dispute.
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