Smart Elf - Domain Name Registration & Website Services

DOMAIN NAME REGISTRATION AGREEMENT

TERMS AND CONDITIONS

Introduction
This domain name registration agreement ('Registration Agreement') is submitted by you, the applicant for, and on registration, the license holder of a domain name (the "Registrant") to Smart Elf for the purpose of registering a domain name on the Internet.

Clauses 1-19 set out the general provisions governing all domain name registrations under this Registration Agreement.
Clauses 20 - 22 set out the additional provisions specific to .com, .net and .org domain name registrations.
Clause 23 sets out the additional provisions specific to multi-lingual domain name registrations.
Clause 24 sets out the additional provisions specific to .biz and .info domain name pre-registrations and registrations.

If this Registration Agreement is accepted by Smart Elf, Registrant agrees to be bound by the terms and conditions of this Registration Agreement in respect of any .com, .net, .org, .biz or .info domain name pre-registrations or registrations submitted by Registrant to Smart Elf.
Terminology
Smart Elf is a value added private label reseller for an accredited Registrar of Internet Corporation For Assigned Names and Numbers ('ICANN'). Verisign Global Registry Services is the registry administrator responsible for administering the .com, .net, .org domain name registry. NeuLevel, Inc is the registry administrator responsible for administering the .biz domain name registry. Afilias Ltd is the registry administrator responsible for administering the .info domain name registry.
Licensing of Domain Name
Registrant remains the responsible contracting party under this Registration Agreement, even if Registrant licenses use of the domain name to a third party.
Dispute Policy
Registrant agrees, as a condition to submitting this Registration Agreement, and if the Registration Agreement is accepted by Smart Elf, that on successful registration of any domain name under this Agreement the Registrant is bound by Smart Elf's current dispute policy and the dispute policy procedures. Registrant acknowledges that the dispute policy described in this clause 4 is the Uniform Domain Name Dispute Resolution Policy (the "URDP Dispute Policy"). Registrant agrees that in respect of the pre-registration or registration of .biz and .info domain names, other dispute policies may apply as specified by the registry administrator of those domain names from time to time, as described in more detail in clause 24A(4) for .biz, and in clause 24B(2) for .info (the "Other Dispute Policies"). Registrant agrees that Smart Elf may change or modify the UDRP Dispute Policy, incorporated by reference herein, at any time. Registrant agrees that Registrant's maintaining the registration of a domain name after changes or modifications to the UDRP Dispute Policy become effective constitutes Registrant's continued acceptance of these changes or modifications. Registrant agrees that any dispute relating to registration or use of its domain name (and which is not the subject of the Other Dispute Policies) will be subject to the provisions specified in the UDRP Dispute Policy. Without prejudice to other potentially applicable jurisdictions, Registrant submits to the jurisdiction of the courts as provided in the UDRP Dispute Policy. The UDRP Dispute Policy can be viewed byclicking here.
Agents
Registrant agrees that if this Registration Agreement is completed by an agent for the Registrant, such as an Administrative Contact/Agent, the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the relevant domain name dispute policy.
Limitation of Liability
To the extent permitted by law, Registrant agrees that neither Smart Elf nor the registry administrator has any liability to the Registrant or the Registrant's agent for any loss Registrant may incur in connection with Smart Elf's processing of this Registration Agreement, Smart Elf's processing of any pre-registration application or application for a domain name, the processing of any authorized modification to the domain name's record during the covered registration period, or the failure by the Registrant's agent to pay a pre-registration or registration fee or renewal fee, or as a result of the application of the provisions of the relevant domain name dispute policy. Registrant agrees that in no event will the liability of Smart Elf under this Agreement for any matter exceed, in the sole option of Smart Elf, the re-supply of the services again or the fee paid to Smart Elf for the provision of the services.
Indemnity
Registrant agrees to indemnify, keep indemnified and hold both Smart Elf and the registry administrator, their directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to Registrant's domain name registration or pre-registration, or to the Registrant's use of the domain name.
Breach
Registrant agrees that failure to abide by any provision of this Registration Agreement or the relevant domain name dispute policy (including, without limitation, any domain name dispute policy that applies during a pre-registration period) may be considered by Smart Elf to be a material breach and that Smart Elf may provide a notice, describing the breach, to the Registrant. If, within thirty (30) days of the date of such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to Smart Elf, that it has not breached its obligations, then Smart Elf may delete Registrant's registration of the domain name. Any such breach by a Registrant shall not be deemed to be excused simply because Smart Elf did not act earlier in response to that, or any other, breach by the Registrant. Notice may be given by mail, facsimile or electronic means.
No Warranty by Smart Elf
Registrant agrees that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the pre-registration, registration or use of the domain name.
Warranty
Registrant warrants that, to the best of Registrant's knowledge and belief, neither its registration of a domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. Breach of this warranty will constitute a material breach.
Revocation
Registrant agrees that Smart Elf may delete a Registrant's domain name if any information required to be supplied by the Registrant under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information Smart Elf would likely consider material to its decision to approve this Registration Agreement.
Right of Refusal
Registrant acknowledges that the registry administrator or ICANN policy may provide that registration of certain domain names is prohibited. Smart Elf, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Registrant. Registrant agrees that the submission of this Registration Agreement does not obligate Smart Elf to accept this Registration Agreement. Registrant agrees that Smart Elf is not liable for loss or damage that may result from Smart Elf's refusal to accept this Registration Agreement.
Change in Registrar
Registrant agrees that it can change its Registrar for an existing domain name only in accordance with registry administrator policy. Registrant agrees it may not change its Registrar for a period of sixty (60) days after initial registration of the domain name with Smart Elf
Suspension, Cancellation, Transfer
Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by any ICANN procedure, or by any registry administrator procedure approved by ICANN policy:
14.1 to correct mistakes by Registrar or the registry administrator in registering the domain name;
14.2 for the resolution of disputes concerning the domain name; or
14.3 in case of arbitration or court proceedings being commenced with respect to the rights to the domain name.
Non-payment
Registrant agrees that failure to pay any Registration fee when due (as evidenced for example by, without limitation, Registrant's credit card company notifying Smart Elf of Registrant disputing the payment of, or refusing to pay such Registration fee, or where the Registrant's credit card payment has been declined or reversed) will entitle Smart Elf to immediately transfer the relevant domain name from the Registrant to Smart Elf, at its sole discretion. Registrant acknowledges that Smart Elf will own all rights of the registered domain name holder in respect of any domain name transferred to Smart Elf under this clause 15, including the right to sell the domain name to a third party. Smart Elf may in its sole discretion re-transfer the relevant domain name to the Registrant subject to the Registrant's payment of any outstanding Registration fee, and Registrant's payment of Smart Elf re-transfer fee of US$25 (exclusive of local taxes).
Severability
Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.
Entirety
Registrant agrees that this Registration Agreement and the relevant domain name dispute policy (including, without limitation, any domain name dispute policy that applies during a pre-registration period) is the complete and exclusive agreement between Registrant and Smart Elf regarding the registration of Registrant's domain name. This Registration Agreement and the relevant domain name dispute policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
Governing Law
Registrant agrees that this Registration Agreement is governed in all respects by and construed in accordance with the laws of the State of California. By submitting this Registration Agreement, Registrant consents to the exclusive jurisdiction and venue of the Courts of California, and all courts hearing appeals from such Courts.
General
19.1 Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.
19.2 Failure by Smart Elf to require Registrant to comply with a provision of this agreement does not affect the full right to require any provision to be performed at any time thereafter.

.com, .net, .org Domain Name Registrations
Payment
20.1 The Registration fee is payable with the Application.
20.2 Registration is not effective until the Registration fee has been paid and cleared.
20.3 The Registration is for the full period of years selected and paid for at the time of Application or renewal.
20.4 1 Smart Elf's cost to Verisign Global Registry Services are not recoverable.
There are no refunds for a domain name purchase for any reason.
Application Details
Registrant must provide to Smart Elf the information set out in the compulsory fields and may provide the information set out in the discretionary fields of the Application ('Information'). Registrant warrants that all Information provided is accurate and reliable. Registrant undertakes to promptly correct and update Information during the registration period and to respond within fifteen (15) calendar days to inquiries from Smart Elf concerning the accuracy of compulsory Information.
Use of Information
22.1 Registrant acknowledges Information obtained from Registrant will be
22.1.1 transmitted to the registry administrator for registry use
22.1.2 publicly available as required by ICANN
22.1.3 used by Smart Elf for inclusion in registers and data bases produced by Smart Elf or its licensees.
22.2 Registrant may access data provided and rectify any incorrect data relating to Registrant through a registry management tool to be provided by Smart Elf. Registrant may provide a written authorization to an agent to use the management tool. Registrant must inform Smart Elf of its current agent as required by Smart Elf.
22.3 Registrant consents to the use of the Information for the purposes set out in clauses 22.1.1 to 22.1.3. If Registrant does not consent to the use of the Information for the purposes set out in clause 22.1.3, then the Registrant is required to provide non consent verification stating name, address, date and signed by the appropriate authorized individual. This must be sent to Smart Elf, 2230 Carlyle Place, Los Angeles, CA 90065
22.4 Registrant warrants that it has provided, or will provide, to any third party individuals whose personal details the Registrant has provided to Smart Elf, the same information about use of those details as are set out in this clause 22, and that the third parties individually have consented to use of their personal data.
22.5 Smart Elf will not process Information in a manner incompatible with the purposes and limitations set out in this clause 22.
22.6 1 Smart Elf will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorized access or disclosure, alteration or destruction.

Multilingual Registrations
Special Provisions for ML.Registrations
Registrants who register a multilingual domain name [hereafter referred to as 'ML Registrations'] acknowledge that the system is currently in a test bed phase, is subject to change and that future changes to standards by the Internet Engineering Task Force (IETF) may cause the registrant's domain name registration to become invalid and be deleted or may require changes to the internal representation of a domain name, or may require a change to the period of the license.

The registrant's ML.Registration is stored in the Registry's database in an ASCII-compatible representation as defined by the RACE Internet-Draft. The Internet Engineering Task Force (IETF) has not finalized multilingual standards. In the future, revisions to the Internet draft documents may cause:

1. The Registrant's ML.Registration to become invalid and be deleted.
2. Modification to the Registry's internal representation of the domain name.

Such occurrences will be resolved on a case-by-case basis, as they occur.

REGISTRANTS WHO REGISTER AN ML.REGISTRATION DO SO AT THEIR OWN RISK AND RELEASE, DISCHARGE AND HOLD HARMLESS Smart Elf, ITS EMPLOYEES AND AGENTS AND THE REGISTRY FROM AND AGAINST ALL CLAIMS, LOSS OR DEMANDS FROM REGISTRANT AND ANY THIRD PARTY ARISING OUT OF THE INVALIDITY OR DELETION OF AN ML.REGISTRATION, 0R ANY CHANGE OR VARIATION TO, OR ANY RESTRICTION ON OR INABILITY TO USE AN ML.REGISTRATION. NO REFUND OF ANY PART 0F REGISTRATION FEES PAID OR PAYABLE WILL BE MADE IF AN ML.REGISTRATION IS CHANGED, DELETED OR IS NOT ABLE TO BE USED.

.biz and .info Domain Name Pre-registrations and Registrations
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.biz and .info Domain Names
1. Should you seek to register a .BIZ second level domain name, you must contractually agree to the following terms:
  1. 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:
    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.
  2. BIZ CERTIFICATION
    As a .biz domain name Registrant, you hereby certify to the best of your knowledge that:
    1. 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. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
    2. The domain name Registrant has the authority to enter into the registration agreement; and
    3. The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.
  3. PROVISION OF REGISTRATION DATA
    3.1 Provision of Registration Data. As part of the registration process, you are required to provide the registry operator 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 name server and any secondary name server(s) for the domain name; (iv) the corresponding names of those name servers; (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 Accreditation Agreement (the "ICANN Agreement"), available at http://www.icann.org/registrars/accreditation.htm#InformationforAccreditedRegistrarsAboutNewTLDs. For bulk services in respect of the registration data which are provided by Smart Elf, if the Registrant does not consent to the use of such information for inclusion in registers and data bases produced by Smart Elf or its licensees, then the Registrant is required to provide non consent verification stating name, address, date and signed by the appropriate authorized individual. This must be sent to Smart Elf, 2230 Carlyle Place, Los Angeles, California, 90065.
    
    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 information provided to the registry operator, 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 the registry operator 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.
  4. DOMAIN NAME DISPUTE POLICY
    If you reserved or registered a .biz domain name through the registry operator, 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:
    1. The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html ; and
    2. 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 the 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 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.
  5. DOMAIN NAME DISPUTE POLICY MODIFICATIONS
    You agree that the registry operator, in its sole discretion, may modify its dispute policy. The registry operator will post any such revised policy on its 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.
  6. RESERVATION OF RIGHTS
    1 eNameCo 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 1 eNameCo and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. 1 eNameCo and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
2. Should you seek to register a .INFO second level domain name, you must contractually agree to the following terms:
  1. Registrant consents to the use, copying, distribution, publication, modification, and other processing of the Registrant's Personal Data by the .INFO registry operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract with ICANN, available at http://www.icann.org/tlds/
  2. Registrant agrees to submit to proceedings under the UDRP Dispute Policy and comply with the requirements set forth by the registry operator for domain names registered during the Sunrise Period (an explanation of which can be found at http://www.afilias.info/faq/sunrise.html), including the mandatory Sunrise Dispute Resolution Policy, available at http://www.afilias.info/faq/sunrise-challenge.html. These policies are subject to modification by the registry operator.
  3. Registrant agrees to immediately correct and update the registration information for any domain name during its registration term; failure to correct this information shall constitute a breach of this Agreement.
  4. Registrant acknowledges that the registry operator 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 (an explanation of which can be found at http://www.afilias.info/faq/start-up.html), including, without limitation:
    1. the ability or inability of a Registrant to obtain a domain name during either the Sunrise or Land Rush periods, and
    2. the results of any dispute over a domain name registration which is processed during the Sunrise period.
  5. Registrar and the registry operator 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 applicable dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or the registry operator as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and the registry operator also reserve the right to freeze a domain name during resolution of a dispute.