DOMAIN NAME LICENSE AGREEMENT
In this License Agreement ("Agreement"), "you" and "your" refer to you as a customer ("Customer") and "we", "us" and "our" refer to dot Law, Inc as the registry of domain names in the top-level domain ("TLD") ("Registry"). This Agreement explains Registry’s obligations to you, and your obligations to Registry, in relation to your license of the domain name (the "Domain Name") you have selected in the .law TLD. If Registry agrees to license the Domain Name to you, then your registration of the Domain Name shall be deemed to constitute your agreement with us, to be bound by the terms of this Agreement and the terms of Registry's Domain Name Dispute Policy ("Dispute Policy") which is incorporated herein by reference and made a part of this Agreement. Any acceptance of your request for Registry’s services and the performance of Registry’s services will be deemed to occur at Registry’s offices in Atlanta, Georgia, the location of Registry’s principal place of business. You understand that although you may have licensed a domain name or other services through a third party registrar acting as an agent for Registry, this Agreement constitutes a direct contract with Registry, and that you will also be subject to the terms of any agreement between you and that registrar.
2. Scope of the Agreement
By requesting to register the Domain Name, you agree to establish an account with Registry for the services Registry provides in connection with your license of the Domain Name ("Account"). Any use of your Account by either you or any agent or other third party authorized by you (whether or not Registry was notified of such authorization) is covered by this Agreement. If you have been given a password that provides access to your Account, then you are responsible for all unauthorized use or misuse of that password. If the registration of the Domain Name has been undertaken by an agent for a third party registrant, the registrant is nonetheless bound by this Agreement as a principal, and all references herein to "you", "your" and "Customer" shall be deemed to include both the agent and the principal. Your continued use of the Domain Name or any other of Registry’s services shall be deemed to ratify all actions of your agent. By acting on your behalf, your agent certifies that he or she is authorized to apply for Registry’s services on your behalf, that the agent is authorized to bind you to the terms and conditions of this Agreement and that the agent has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. Registry will not refund fees paid by you or your agent on your behalf for any reason, including, but not limited to, in the event that your agent fails to comply with the terms and conditions of this Agreement, your agent incorrectly provides information in the application process or your agent changes or otherwise modifies your domain name record incorrectly.
3. Domain Names Limited to Certain Uses
You acknowledge that unlike many top level domains, Registry has reserved the right to limit the domain names licensed in the .law TLD to those persons and entities who provide Registry with satisfactory assurances (as determined in Registry’s sole discretion) that they intend to license domain names only for such purposes as Registry may deem to be permitted purposes. You acknowledge that as of the date of this Agreement, domain names in the .law TLD are being licensed solely to attorneys and ancillary legal service providers (paralegal professionals, suppliers to the legal industry, legal information companies, legal societies, legal book/video production/publishing and support groups. The names licensed to such persons and entities must be directly related to the services or products offered by such persons or entities. You agree to provide Registry and its agents with such information (including information regarding credentials) as they may request in order to verify your eligibility to license domain names in the .law TLD, and acknowledge that any license granted pursuant to this Agreement or in connection with any Registry services shall be terminable by Registry if Registry concludes that you are not eligible to license a domain name under the criteria established by Registry from time to time. Notwithstanding the foregoing, all Domain Names licensed prior to the effective date of this License Agreement on July 28, 2000 shall not be subject to the restrictions of the preceding three sentences for so long as the license to the Domain Name is otherwise held by you pursuant to the other terms of this Agreement.
4. Fees and Payments
You agree to pay the applicable service fees set forth on Registry’s web site at the time of your selection of the Domain Name. If you have registered the Domain Name through a third-party registrar, then your payment for the initial term of your license will be made to that registrar. The current annual fee is as described in schedule A and is due immediately and is non-refundable. Any renewal of your services with Registry is subject to (a) Registry’s then-current License Agreement, other terms and conditions and payment of all applicable service fees at the time of renewal, and (b) Registry’s acceptance of your renewal. Registry reserves the right to change fees, surcharges or renewal fees or institute new fees at any time, for any reason, at its sole discretion. Any changes in the fees charged by Registry will become effective immediately for a new registration or renewals initiated after the date on which Registry posts the new fees on its web site. You acknowledge that Registry’s domain name pricing structure may require the payment of different fees for different domain names, as determined by Registry in its sole discretion, and that Registry may require that certain registrants agree to obtain certain services from Registry in connection with the license of a Domain Name.
Registry may decline to renew your registration at the end of the initial term or any subsequent renewal term for any reason. If your license lapses because you fail to renew it, because your payment is otherwise not made or for any other reason, but Registry nevertheless elects to permit you to reinstate your license, then you may be required to pay a reinstatement fee, which will be established by Registry from time to time in its sole discretion. Unless otherwise specified, each service provided by Registry, including any renewal of that service, will be deemed to be provided for a one-year term and each registration or renewal of a Domain Name will give you the ability to use that Domain Name only for the one year following the Registry’s acceptance of your registration or renewal.
5. Domain Name Disputes
You agree to be bound by Registry's current domain name dispute policy (the "Dispute Policy"). The current version of the Dispute Policy may be found at Registry's Web site at http://www.register.md/ Please take the time to familiarize yourself with the Dispute Policy. You acknowledge that licenses of domain names in the .law domain are required to be subject to the ICANN (Internet Corporation for Assigned Names and Numbers) domain name dispute policies that apply with respect to certain other top level domains. Although Registry has elected to incorporate ICANN's dispute policies at this time, Registry may modify the Dispute Policy in its sole discretion at any time. For so long as Registry elects to continue to incorporate ICANN’s dispute policies, Registry will take all actions with respect to the termination or suspension of domain names that would otherwise be taken by ICANN pursuant to ICANN’s dispute policies.
Registry will post any revised Dispute Policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or license 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, your sole remedy is to terminate this Agreement. Registry will not refund any fees paid by you if you terminate your Agreement with Registry.
If a third party challenges your use of the Domain Name, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. In the event of such a dispute, you will indemnify and hold Registry harmless pursuant to the terms and conditions set forth in Section 7 below. If Registry is notified that a complaint has been filed with a judicial or administrative body regarding your use of the Domain Name, you agree not to make any changes to your domain name record without Registry’s prior approval. Registry may not allow you to make changes to such domain name record until (i) Registry is directed to do so by the judicial or administrative body, or (ii) Registry receives notification by you and the other party contesting your registration and use of the Domain Name that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of the Domain Name registration services, Registry may deposit control of your domain name record into the judicial body.
6. Modifications To Agreement
You agree that Registry may revise the terms and conditions of this Agreement. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the services on Registry's web site at http://www.register.md/ or upon notification to you by e-mail or United States mail. You agree that you are responsible to periodically review Registry’s web site, including the current version of this Agreement available on Registry’s web site, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing Registry with notice by e-mail to support@ or United States mail addressed as follows, Attention: dot Law, Inc., Notice of your termination will be effective on receipt and processing by Registry. Any fees paid by you if you terminate your Agreement with Registry are nonrefundable. By continuing to use Registry's services after any revision to this Agreement or change in service, you agree to abide by and be bound by any such revisions or changes. Registry is not bound by nor should you rely on any representation (i) by any agent, representative or employee of any third party that you may use to apply for Registry’s services; or (ii) in information posted on Registry’s web site of a general informational nature. No employee, contractor, agent or representative of Registry is authorized to alter or amend the terms and conditions of this Agreement.
7. Limitation of Liability
You agree that Registry’s entire liability, and your exclusive remedy, with respect to any Registry services provided under this Agreement or any breach of this Agreement, is solely limited to the amount you paid for such services. Registry and its contractors shall not be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages resulting from the use or inability to use any of the Registry services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Registry’s liability is limited to the maximum extent permitted by law. Registry disclaims any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data misdelivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your web site; (7) loss or liability that you may incur in connection with Registry’s processing of your application for a Domain Name or other services, Registry’s processing of any modification to your domain name record or your agent’s failure to pay any fees, including the initial license fee or any renewal license fee; or (8) loss or liability as a result of the application of the Dispute Policy.
You release and agree to indemnify and hold Registry and its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising under this Agreement, any services provided therefrom by Registry, including without limitation infringement or dilution by you of any intellectual property or other proprietary right of any person or entity, or a violation of any of Registry’s rules or policies relating to the services provided. If Registry is threatened with suit or sued by a third party, Registry may seek written assurances from you concerning your promise to indemnify Registry, and your failure to provide those assurances will be deemed to be a material breach of this Agreement.
Registry reserves the right to terminate this Agreement and to suspend, cancel, transfer or modify your Domain Name in the event (a) you breach this Agreement (including the Dispute Policy), (b) you use the Domain Name to send unsolicited bulk e-mail or to send commercial advertisements in violation of applicable laws, acceptable uses policies applicable to you or policies adopted by Registry from time to time, (c) you use your Domain Name in connection with any unlawful or improper activity, including but not limited to child pornography, child entrapment or abuse, advocacy of hatred, bigotry or violence toward persons or groups on the basis of their religion, race, ethnicity, sexual orientation or other immutable characteristics, theft of e-mail service, as a source of unsolicited bulk e-mail or as an address to use for replying to unsolicited e-mail, display or distribution of any pornographic, obscene or sexually explicit material, , (d) you provide inaccurate or unreliable information as part of the domain name application process, or fail to update your information to keep it current, complete or accurate, or (e) grounds arise for such suspension, cancellation, transfer or other modifications as provided in this Agreement. If Registry believes that it is entitled to terminate this Agreement and/or to suspend, cancel, transfer or modify your Domain Name, it will give you notice specifying the reason for its belief, and if you fail to cure the circumstances giving rise to such belief within fifteen (15) calendar days of the date of that notice, then Registry may terminate this Agreement, including your license of the Domain Name, and/or terminate, suspend, cancel, transfer or modify the Domain Name or any other Registry services you are using, without further notice. However, upon the occurrence of any of the circumstances arising under subparagraphs (b), (c) or (e) above, Registry will not be obligated to give you fifteen (15) calendar days to cure such circumstances, and may terminate this Agreement, including your license of the Domain Name, and/or terminate, suspend, cancel, transfer or modify the Domain Name or any other Registry services you are using, immediately upon notice to you. Registry will not refund any fees paid by you if Registry terminates this Agreement as permitted above.
10. Representations and Warranties
You agree and warrant that: (i) the information that you or your agent provided to Registry during the domain name application process is accurate and complete, and that any future changes to this information will be provided to Registry in a timely manner according to the modification procedures in place at that time, (ii) neither the license of the Domain Name nor the manner in which you intend to use the Domain Name will directly or indirectly infringe the legal rights of a third party, (iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (iv) you are of legal age to enter into this Agreement and (v) you shall not use the Domain Name for any unlawful or improper purpose, including but not limited to child pornography, child entrapment or abuse, advocacy of hatred, bigotry or violence toward persons or groups on the basis of their religion, race, ethnicity, sexual orientation or other immutable characteristics, theft of e-mail service, as a source of unsolicited bulk e-mail or as an address to use for replying to unsolicited bulk e-mail, display or distribution of any pornographic, obscene or sexually explicit material.
11. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF REGISTRY’S SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF REGISTRY’S SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. REGISTRY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. REGISTRY MAKES NO WARRANTY THAT REGISTRY’S SERVICES WILL MEET REGISTRANT’S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES REGISTRY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. REGISTRY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF REGISTRY’S SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY REGISTRANT FROM REGISTRY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SHOULD REGISTRY’S ROLE AS REGISTRY OF THE .Law TLD BE TERMINATED FOR ANY REASON, YOUR ONLY RECOURSE AGAINST REGISTRY IS TO TERMINATE YOUR AGREEMENT WITH REGISTRY AND RECOVER ACTUAL DAMAGES THAT SHALL NOT EXCEED THE AMOUNT OF MONEY PAID TO REGISTRY WITH RESPECT TO THE CURRENT LICENSE PERIOD FOR SERVICES FOR THE PORTION OF THE CURRENT LICENSE PERIOD THAT HAS NOT YET OCCURRED.
If you elect to transfer your Domain Name to another entity or party, you agree to pay Registry the then-current transfer fee established by Registry from time-to-time. The amount of any transfer fees will be set forth in Registry’s fee schedule. You further agree that as a condition of any assignment or other transfer of a Domain Name, the entity to which you seek to transfer the Domain Name shall agree in writing to be bound by all terms and conditions of this Agreement. The Domain Name will not be transferred until Registry receives evidence of such an agreement by e-mail to --------or United States mail addressed as follows, Attention
Right of Refusal
Registry, in its sole discretion, reserves the right to refuse to license your chosen domain name or register you for other Registry services, or to delete your domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event Registry does not license your domain name or register you for other Registry services, or Registry deletes your domain name or other Registry services within such thirty (30) calendar day period, Registry agrees to refund any applicable fees you have paid. You agree that Registry shall not be liable to you for loss or damages that may result from Registry’s refusal to license, the deletion of your domain name or refusal to register you for other Registry services.
13. Excessive Usage
If Registry provides you with bandwidth or disk space, you will not use such resources in excess of any limits specified in Registry’s account, service or feature descriptions without an appropriate change in account type or status. You acknowledge that you may incur additional charges for usage in excess of these limits. Your bandwidth and disk utilization will be computed or determined by Registry from time to time, and if Registry determines that you are exceeding your permitted bandwidth or disk utilization, you will be notified by e-mail. If your excess use continues after you are notified, you may be required to upgrade your service agreement or modify the activity creating the excess use, or Registry may terminate your account. Moreover, if Registry determines that excessive bandwidth or disk space utilization is adversely affecting Registry’s ability to provide service, Registry may take immediate action. You will be notified by e-mail as soon as practicable thereafter, but in the meantime may not be able to use additional bandwidth or disk space.
A. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
B. You agree that this Agreement, the Dispute Policy and the rules and policies published by Registry are the complete and exclusive agreement between you and Registry regarding its services. This Agreement, Registry’s rules and policies, and the dispute policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
C. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Georgia, United States of America, excluding its conflict of laws rules. Except for disputes concerning or arising from your use of a domain name licensed with Registry, you and Registry each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the. If there is no jurisdiction in the United States District Court for the then jurisdiction shall be in the Superior Court of. Each party waives any right to object to venue or jurisdiction on the basis that it is inconvenient for them or for any other reason and you waive any statutory or other right pursuant to the laws of the jurisdiction in which you reside to have a case against Registry, in which Registry is a necessary party or related to this Agreement or to the Domain Name adjudicated or resolved in that jurisdiction.
D. Notices to Registry or you shall be delivered by registered or certified official mail of a country, postage prepaid, or by reputable commercial courier service in the manner of quickest delivery (i.e., overnight delivery, if possible). Notices to you shall be delivered to the address stated in the registrant information submitted by you, unless you submit a modification to such information in accordance with the then current Registry policy relating to domain name information modifications. Notices to Registry shall be delivered to -------. Notices delivered by reputable commercial courier service in the manner of quickest delivery shall be deemed delivered three (3) business days following dispatch. Notices mailed by registered or certified official mail of a country shall be deemed delivered seven (7) business days after mailing.
E. This Agreement constitutes a written agreement between you and Registry even though your offer underlying this Agreement may be dispatched electronically, and even though Registry may accept this Agreement electronically. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
15. Links From Your Site
In consideration of the license of the Domain Name to you as provided in this Agreement, you agree to maintain on the home page of any web site that uses the Domain Name (i) a dotLaw logo, which will not exceed 234x60 pixels in size, which will be hyperlinked to a web site designated by Registry, a link to the dotLaw MetaDirectory which will be in the form and size specified by Registry.