Implemented by Register.Bharat on April 1, 2004
This Services Agreement (as it may be amended by us from time to time in accordance with Section 7, "Agreement") between you ("you", "your" or "Customer") and Register.Bharat . ("Register.Bharat ") sets forth the terms and conditions of your use of the services set forth herein (collectively, the "Services").
This Agreement explains our obligations to you, and your obligations to us in relation to the Service(s). When you or someone else you have permitted, uses, modifies or cancels the Service(s) on your behalf (even if we were not notified of such authorization), or requests or purchases additional services under your account, this Agreement covers any such service or actions.
You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be established by Register.Bharat from time to time. Sections 5 through 20 apply to any and all services provided by Register.Bharat . Sections 1 through 4 apply only to customers who have requested or obtained the Services referenced in those Sections.
This Agreement as well as any additional Register.Bharat rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Register.Bharat concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications.
1. Domain Name Registration, Administration and Renewal Services
1.1. Domain Name Registrations and Renewals
Register.Bharat is a inaic accredited registrar for various public Top-Level Domain names including .area .avenue .citizen .city .county .district .drive .town .village and .world ("pTLDs"). Register.Bharat may also accept applications to register and renew certain pTLD names in non-roman alphabet languages (e.g., Japanese, Chinese, and Korean) in the future.
You acknowledge that you have read, understood and agree to be bound by all terms and conditions of inaic's Domain Name Dispute Resolution Policy (the "DNDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all pTLD domain name registrations or renewals.
1.2. No Guarantee of Registration or Renewal
You acknowledge and agree that Register.Bharat does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available. You also understand that Register.Bharat cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various Whois or other registry databases. You also acknowledge and agree that Register.Bharat is not responsible for any inaccuracies or errors in the domain name registration or renewal process. You are solely responsible for making sure that your registration or renewal has been properly processed. You further acknowledge and agree that Register.Bharat may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that Register.Bharat is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.
1.3. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate; (b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not use the domain name in violation of any applicable laws or regulations or Register.Bharat 's rules or policies. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights.
1.4. Domain Name Registrant
Register.Bharat considers the entity named as the administrative contact for the domain name at the time the controlling User name and password are secured to be the registrant of that domain name and that entity is your agent with full authority to act on your behalf with respect to the domain name registration or any other services obtained from Register.Bharat , including (but not limited to) the authority to terminate, transfer (where permitted by the Agreement), or modify such services, or obtain additional services.
1.5. Parked Web Page
All domain names registered through Register.Bharat are pointed to a Parked Web page which informs visitors that the registrant has recently registered their domain name via Register.Bharat . The Parked Web page may be modified at any time by Register.Bharat without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by Register.Bharat , (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. To see a sample Parked Web page, please click here. If for any reason you do not wish to have the domain name you have registered pointed to a Parked Web page, please use Register.Bharat 's Domain Manager utility to forward your domain to any other page.
2. Forwarding
URL Forwarding provides you with the capability to forward visitors to a domain name residing on Register.Bharat 's DNS servers to a Web Site or a page within a Web Site designated by you ("URL Forwarding").
IP Forwarding provides you with the capability to forward visitors to a domain name residing on Register.Bharat 's DNS servers to a Web-Server's IP address designated by you ("IP Forwarding").
You acknowledge and agree that your use of URL Forwarding and IP Forwarding is subject to the terms of this Agreement. You further acknowledge and agree that you may use URL Forwarding and IP Forwarding to link your domain name to a forward to address, but you may not use URL Forwarding and IP Forwarding for unlawful purposes, in violation of any applicable laws or regulations, in violation of Register.Bharat 's rules or policies, or for the forwarding of a domain name not registered in your name, or the forwarding to an invalid forward to address.
3. Prohibited Conduct
You agree that the following is a non-exclusive list of actions on User Web Sites that are not permitted:
- the uploading, posting or otherwise transmitting of any User content on Web Sites that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- the impersonation of any person or entity, including, but not limited to, a Register.Bharat official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- the uploading, posting or other transmittal of any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- the uploading, posting or other transmittal any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- the uploading, posting or other transmittal of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- the uploading, posting or other transmittal of any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalking" or otherwise harassing another;
- collecting or storing personal data about other users;
- promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
- attempting to access the accounts of others, or attempting to penetrate security measures of Register.Bharat or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;
- sending of the same or substantially similar unsolicited email message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way is related to Register.Bharat 's service or any Register.Bharat 's domains;
- installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines that generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others;
4. Fees, Service Term, Renewal Reminders.
As consideration for the Services, you agree to pay Register.Bharat the applicable Service(s) fees set forth on our Web Site at the time of you request the service from Register.Bharat. All fees are due immediately and are non-refundable, except as otherwise expressly noted in one or more of Sections 1-5. Unless otherwise specified herein, each Register.Bharat Service is for a one-year initial term (or in the case of domain name registrations, such longer term as may be required by a particular registry administrator) and is renewable thereafter for successive 1 to 3-year terms, as set forth during the renewal process.
Any renewal of your Services with us is subject to our then-current terms and conditions, including, but not limited to, payment of all applicable Service fees at the time of renewal and in the case of renewal of a domain name registration, the registry administrator's acceptance of such renewal. Except with respect to Services to which you subscribe on a monthly basis, we will attempt to provide you a renewal reminder prior to the renewal of your Services at least fifteen (15) days in advance of the renewal date. In the case of domain name registrations, Register.Bharat will attempt to provide this reminder by email to the administrative contact on file for the domain name registration. Additional payment terms may apply to the Register.Bharat Services, as set forth in this Agreement.
You agree to pay all value added, sales and other taxes (other than taxes based on Register.Bharat's income) related to the Service(s) provided to you hereunder. All payments of fees for the Service(s) provided by shall be made in U.S. dollars. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less.
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service fee, you acknowledge and agree that the domain name registration for which such fee has not been paid shall be transferred to Register.Bharat as the entity that has paid the applicable fee to the registry, and that we reserve all rights regarding such domain name registration including, without limitation, the right to make the domain name registration available to other parties for purchase. We will reinstate any such domain name registration solely at our discretion, and subject to our receipt of the applicable fee and our then-current reinstatement fee, currently set at $200.-.
ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM. Register.Bharat reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you.
4.1 Services Enrolled in Automatic Renewal.
The automatic renewal service is provided as a courtesy and helps to prevent unwanted deletion of a Service. Such service will attempt to renew your Service(s) on the renewal date for a one year term (or such longer term as may be required by a particular registry administrator) by charging the most recent credit card on file with us for your account the then-current retail price for such renewal. The automatic renewal service is provided as a convenience for you but in no way guarantees a desired renewal. It is your obligation to affirmatively renew any desired Service. In addition, Register.Bharat has no obligation to attempt to renew your Service if your most recent credit card on file with us for your account is not accepted according to Register.Bharat's payment processing systems.
You also acknowledge and agree that if you do not want Register.Bharat's automatic renewal service to apply to your Services, you must affirmatively opt out of this automatic renewal service by disabling the automatic renewal option in your account. Your failure to affirmatively opt out of the automatic renewal service constitutes your authorization and consent for Register.Bharat to attempt to automatically charge your credit card the then-current retail price for such renewal.
4.1 Your Obligations.
Regardless of whether you are enrolled in any of our automatic renewal programs, you are solely responsible for the credit card and billing contact information you provide to Register.Bharat and you acknowledge and agree that you will update your billing contact information in case of any changes (e.g., change of expiration date or account number).
You are solely responsible for ensuring the Services are renewed. Register.Bharat SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
5. User Name and Password; Domain Manager
The first time you apply to use Register.Bharat's services, you will be asked to select a User name and password. That User name and password are the means through which you access certain of the Services. You acknowledge and agree that it is your responsibility to safeguard the User name and password you select from any unauthorized use. IN NO EVENT WILL Register.Bharat BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR USER NAME OR PASSWORD.
Certain Register.Bharat users have access to Register.Bharat's Domain Manager utility. If you are one of those users, you may use the Domain Manager utility to modify the zone file, DNS, IP, domain alias, MX Records, URL and SOA WHOIS, and contact information for certain pTLDs domain names registered through or administered by Register.Bharat, or registered by a Register.Bharat cobrand or other reseller.
Those users with access to Domain Manager utility may log into the utility available at http://Register.Bharat, using the username and password established during the application process. If you have more than one Register.Bharat profile (i.e., you have registered multiple domain names through Register.Bharat and have created a different user name and password profile for each domain name), be sure that you use the username and password for the domain name you intend to manage using Domain Manager. If you have more than one domain name associated with a username and password, you will be able to login and perform edits on all domain names associated with that username and password.
You acknowledge that the functionality of Domain Manager will differ based on the date of registration, as well as whether or not the domain name lists Register.Bharat's domain name servers as authoritative for the domain name. You further acknowledge that any changes you make through Domain Manager may take as long as 72 hours to become effective.
6. Changes to this Agreement or to Additional Rules or Policies
You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that Register.Bharat may modify this Agreement, as well as any additional rules or policies that are or may be published by Register.Bharat, as necessary to comply with Register.Bharat's inaic agreement, or with any other agreements that Register.Bharat is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances.
Except as otherwise provided in this Agreement, you agree,
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