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IP Claim Agreement
(for .biz)
Please read and
press the 'I Accept' button if you accept the Terms and Conditions
to continue the order process.
THIS IS A
LEGALLY BINDING AGREEMENT BETWEEN ST. LOUIS INTERNET, INC. - ("REGISTRAR")
AND YOU, THE OWNER OF A REGISTERED OR COMMON LAW TRADEMARK OR SERVICE
MARK ("OWNER") OR THE DULY AUTHORIZED AGENT OF AN OWNER ("AGENT")
(COLLECTIVELY, "YOU"). THESE TERMS OF USE ARE THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE TERMS OF USE REGARDING USE OF THE REGISTRAR'S INTELLECTUAL
PROPERTY CLAIM SERVICE (THE "SERVICE").
BY SELECTING "I AGREE," BY USING THE SERVICE OR BY SIGNIFYING ACCEPTANCE
IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF
YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE NOT AUTHORIZED
TO USE THE SERVICE AND YOU MUST DISCONTINUE ANY FURTHER USE.
- The Service.
Registrar provides the Service to holders of both registered and
common law trademarks or service marks (collectively "Trademarks").
During the domain name application process, applicants for a .biz
domain name ("Applicants") will be notified of an Owner's alleged
intellectual property rights in a Trademark if the domain name contained
in the domain name application is an exact match of the Trademark
identified in an IP Claim (as defined below) submitted by Owner.
You may review frequently asked questions regarding the Service
by reviewing our FAQs.
- Registration,
Password and Security. You must provide accurate, complete and
current registration information and must update this information
promptly if it changes.
You represent and warrant that You are at least eighteen (18) years
of age or older and are either an Owner or an Agent duly authorized
to represent an Owner(s) in connection with the Service and submitting
an IP Claim on behalf of an Owner(s). Agent will indemnify and hold
harmless Registrar and its officers, directors, employees, agents,
affiliates and subcontractors for any claims brought by Owner or
Third Parties relating to the use of the Service.
- License
to Use Data / Privacy. By submitting an IP Claim, You hereby
grant Registrar, as well as any of its agents or subcontractors,
a limited, royalty-free, non-exclusive worldwide license to use
all of the data contained in the IP Claim solely for the purposes
of implementing the Service, processing Your IP Claim, notifying
Applicants of Your IP Claim, and for notifying You of changes to
the Service, for archival purposes.
- The IP
Claim Process. In order to submit a claim with respect to a
Trademark or Trademarks ("IP Claim") through the Service, You must
complete an IP Claim form for each Trademark. For each IP Claim,
You must submit complete contact information, representative contact
information and notification details, and the details regarding
the Trademark. You may specify in the representative field that
an Agent may receive legal correspondence regarding the IP Claim.
Once You have submitted an IP Claim, you will receive a confirmation
email and a claim number. You must retain the claim number for each
IP Claim You submit.
Registrar will accept IP Claims until July 9, 2001, or such later
date as it may determine in its sole discretion ("Close of Phase
I") and no IP Claims will be accepted after that date.
From the Close of Phase I until September 25, 2001 ("Phase 2"),
or such other later date as Registrar may choose, in its sole discretion,
the domain name applications from ICANN-approved registrars ("Applications")
will be compared with the database of IP Claims processed through
the Service ("IP Claim Database"). For each exact match between
an IP Claim in the IP Claim Database and a domain name application,
the Registry Operator for .Biz ("Registry Operator") will notify
the Applicant that a third party or third parties have submitted
an IP Claim for the exact Trademark. The email notification to the
Applicant will include, among other things, the information provided
by Owner in the IP Claim, instructions on how to proceed with the
registration process, and that if selected during the randomized
name selection phase ("Name Selection Phase"), the domain name will
be placed on a temporary thirty (30) day hold when the Registry
goes "live." The Applicant will have the option to proceed with
the Application or cancel the Application. If the Applicant does
not respond to the email notification, or elects to cancel the Application,
the Applicant's domain name application will not be processed during
the Name Selection Phase. If the Applicant chooses to proceed with
the registration process and the name is selected during the Name
Selection Phase, that domain name automatically will be placed on
a thirty (30) day "hold period" when the name is registered.
After Name Selection, the Owner will be notified by Registry Operator
if an Applicant has successfully registered the domain name. The
Owner will then have the option of contacting the Applicant and
finding a solution or using the guidelines set forth by a special
dispute resolution process called the Start-up Trademark Opposition
Policy ("STOP")(formerly referred to as the Start-up Dispute Resolution
Policy or "SUDRP") ("information available at [LINK], or the Uniform
Domain-Name Dispute Resolution Procedures ("UDRP") (information
is available at http://www.icann.org/udrp/udrp-policy-24oct99.htm).
You will not be notified if there are no Applications that exactly
match an IP Claim You submitted in the IP Claim Database.
USE OF THE SERVICE
DOES NOT GUARANTEE THAT AN OWNER WILL BE AWARDED THE .BIZ EXTENSION
FOR ITS TRADEMARK. AN OWNER THAT WISHES TO OBTAIN A .BIZ EXTENSION FOR
ITS TRADEMARK MUST FILE A DOMAIN NAME APPLICATION.
DOMAIN NAME APPLICANTS WILL ONLY BE NOTIFIED OF APPLICATIONS THAT
ARE EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN AN IP CLAIM FORM. REGISTRAR
WILL NOT VERIFY WHETHER A TRADEMARK CLAIMED ON AN IP CLAIM FORM CORRESPONDS
WITH AN ACTUAL, LEGAL OR VALID TRADEMARK, NOR WILL REGISTRAR PROVIDE
ANY LEGAL OVERSIGHT OR ADJUDICATION FOR ANY DISPUTED INTELLECTUAL PROPERTY
IMPLICATED BY THE SERVICE.
- Conduct.
You may access and use the Service for lawful purposes only and
you are solely responsible for the knowledge and adherence to any
and all laws, statutes, rules and regulations pertaining to Your
use of the Service. You agree that You will not (i) use the Service
to commit a criminal offense or to encourage conduct that would
constitute a criminal offense or give rise to a civil liability,
or otherwise violate any local state, Federal or international law
or regulation; (ii) upload or otherwise transmit any content that
You do not have a right to transmit under any law or contractual
or fiduciary duty; (iii) interfere or infringe with any trademark
or proprietary rights of any other party; (iv) interfere with the
ability of other users to access or use the Service; (v) claim a
relationship with or to speak for any individual, business, association,
institution or other organization for which You are not authorized
to claim such a relationship; (vi) interfere with or disrupt the
Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks
connected to the Service; or (vii) reproduce, duplicate, copy, use,
distribute, sell, resell or otherwise exploit for any commercial
purposes any portion of the Service.
- Fees.
As consideration for the Service, You agree to pay Registrar, or
its agents or subcontractors, as the case may be, an IP Claim fee
for each IP Claim submitted through the Service by credit card through
its online payment system. Such fee shall be due immediately and
is non-refundable. Registrar, or its agents or subcontractors, may
take all remedies to collect fees owed. Registrar, or its agents
or subcontractors may require you to submit and pay for each IP
Claim individually or it may allow you store up a certain number
of IP Claims before submitting them for processing. Once you have
stored that number of IP Claims, you may not be able to store any
additional IP Claims and may need to submit them for processing
and pay the applicable fee before obtaining additional storage space.
No refunds are permitted.
- Agents.
You agree that, if Your agent (e.g., an attorney, employee, etc.)
submits an IP Claim on Your behalf, You are nonetheless bound as
a principal by all Terms of Use herein. Your continued use of the
Services shall ratify any unauthorized actions of Your agent. By
acting on Your behalf, Your agent certifies that he or she is authorized
to use the Service on Your behalf, that he or she is authorized
to bind You to these Terms of Use and that he or she has apprised
You of these Terms of Use of this Agreement. In addition, You are
responsible for any errors made by Your agent. Registrar 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 these Terms of Use, Your agent incorrectly provides
information in the IP Claim process or if Your agent changes or
otherwise modifies Your IP Claim incorrectly.
- Copyright.
You acknowledge that the Service, any underlying technology used
in connection with the Service, and all software, material, information,
communications, text, graphics, links, electronic art, animations,
audio, video, photos, and other data (collectively, the "Content")
available within the Service are provided by Registrar or third-party
providers and are the copyrighted works of Registrar and/or such
third parties. Except as expressly authorized by Registrar or such
third parties in these Terms of Use or as may be posted on the Service,
You may not copy, reproduce, publish, distribute, modify, create
derivative works of, rent, lease, sell, transfer, display, transmit,
compile or collect in a database, or in any manner commercially
exploit any part of the Content or the Service, in whole or in part.
You may not store any significant portion of any Content or the
Service owned by, or licensed to Registrar in any form, whether
archival files, computer-readable files, or any other medium. You
also may not "mirror" any Content or the Service on any other server.
Registrar encourages you to download and print a reasonable number
of copies of an IP Claim for noncommercial, internal use only; provided
that (i) any permitted copies contain, in unmodified form, any copyright
or other proprietary rights notices and an original source attribution
to the Service; and (ii) no modifications are made except as may
be expressly provided by Registrar.
- Links.
Some links on the Service lead to sites posted by independent site
owners. Because Registrar has no control over these sites, it cannot
be responsible for such sites' accessibility via the Internet and
does not endorse products, services, or information provided by
such sites. As such, Registrar shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with, use or reliance on any content,
goods or services available on or through any other site. Further,
the inclusion of these links does not imply that the other sites
have given permission for inclusion of these links, or that there
is any relationship between Registrar and the linked sites.
- Disclaimer
of Warranty, Limitation of Liability. YOU AGREE THAT YOUR ACCESS
TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER REGISTRAR
NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT
WITHIN THE SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS, "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
IN NO EVENT WILL REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS,
MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), ARISING OUT YOUR USE OF OR INABILITY TO ACCESS
OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE
OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR
LOSSES THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED
USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION,
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF
GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED
ACCESS TO INSTITUTIONS RECORDS, PROGRAMS OR SERVICES. YOU AGREE
THAT THE FOREGOING LIMITATIONS OF LIABILITY REPRESENT A REASONABLE
ALLOCATION OF RISK.
IN NO EVENT, SHALL REGISTRAR BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING
THE AMOUNT OF FEES PAID BY YOU FOR THE APPLICABLE IP CLAIM.
- Indemnification.
You agree to indemnify and hold harmless Registrar and its parents,
subsidiaries, shareholders, members, officers, directors, employees,
affiliates, agents and subcontractors from any claim or demand,
including reasonable attorney's fees made by any third party due
to or arising out of Your use of the Service, your breach of these
Terms of Use, any Content submitted to the Service, or any disputes
involving the intellectual property rights of the Trademarks.
- Modifications
to the Service. Registrar reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree
that will not be liable to You or to any third party for any modification,
suspension, or discontinuation of the Services.
- Termination.
You may discontinue Your participation in and access to the Service
at any time. These Terms of Use will continue to apply to all past
use of the Service by You, even if You are no longer using the Service.
You acknowledge and agree that Registrar may terminate or block
Your use of all or part of the Service without prior notice for
any reason, including, without limitation, if Registrar believes
You have engaged in conduct prohibited by these Terms of Use. You
agree that upon termination or discontinuance for any reason, may
delete all information related to You on the Service and may bar
Your access to and use of the Service.
- Governing
Law. These Terms of Use shall be governed by and construed in
accordance with the laws of the Ontario, without regard to its principles
of conflicts of law.
- Changes
to the Terms of Use. Registrar reserves the right to modify
the Terms of Use at any time and from time to time. Any modifications
shall be effective upon the posting of the modified Terms of Use
at
http://ipclaims.neulevel.com/legal/conditions.php. You agree
to review these Terms of Use periodically so that You are aware
of any modifications. Your continued use of the Service shall be
deemed Your acceptance of the modified Terms of Use.
- Severability.
In the event that any provision of these Terms of Use shall be unenforceable
or invalid under any applicable law or be so held by applicable
court decision, such unenforceability or invalidity shall not render
this Agreement unenforceable or invalid as a whole, and, in such
event, such provision shall be changed and interpreted so as to
best accomplish the objectives of such provision within the limits
of applicable law or applicable court decision.
- Third Party
Beneficiary. Registry Operator ("NeuLevel") is an intended third
party beneficiary of these Term and Conditions with rights to enforce
these Terms of Use. You will cooperate in good faith with NeuLevel
or Registrar in investigating instances of non-compliance with these
Terms of Use, if NeuLevel or Registrar believes in good faith that
you are not in compliance with these Terms of Use.
- Subcontractors.
In the course of providing the IP Claim Service, Registrar may retain
independent contractors or assign or subcontract to or otherwise
have any third party perform any or all of the IP Claim Service
at any time, provided that Registrar shall continue to remain responsible
for full performance of any such duties to the same extent as if
it had performed the IP Claim Service itself.
- Entire
Agreement. These Terms of Use completely and exclusively state
the agreement of the parties regarding the subject matter, and supersede
all prior agreements and understandings, whether written or oral,
with respect to the subject matter of these Terms of Use.
- Modifications
to your Account. In order to change any of your account information
with Registrar, you must use the Account Identifier and Password
selected when you opened your account with Registrar. You agree
to safeguard your Account Identifier and Password from any unauthorized
use. In no event shall Registrar be liable for the unauthorized
use or misuse of your Account Identifier or Password.
- Breach.
You agree that failure to abide by an provision of this Agreement,
any operating rule or policy or the Dispute Policy provided by Registrar,
may be considered by Registrar to be a material breach and that
Registrar may provide a written notice, describing the breach, to
you. If within thirty (30) calendar days of the date of such notice,
you fail to provide evidence, which is reasonably satisfactory to
Registrar, that you have not breached your obligations under the
Agreement, then Registrar may delete the registration or reservation
of your domain name. Any such breach by you shall not be deemed
to be excused simply because Registrar did not act earlier in response
to that, or any other breach by you.
- No Guarantee.
You acknowledge that reservation of your IP Claim name does not
confer immunity from objection to either the registration, reservation,
or use of the domain name.
- Right of Refusal.
Registrar, in its sole discretion, reserves the right to refuse
to register or reserve your IP Claim name or register you for other
services. You agree that Registrar shall not be liable to you for
loss or damages that may result from its refusal to register, reserve
or delete your IP Claim.
Registrar reserves the right to delete or transfer your IP Claim
within a thirty (30) day period following receipt of the application
if it believes the IP Claim has been made possible by a mistake,
made either by Registrar or by a third party.
- Your
application will be accepted or declined during the period September
26, 2001 - October 1, 2001 (subject to change by the Registrar).
All successful domain name applications will be billed for the minimum
two-year period: 2 x $20/year = $40 at the time of acceptance. The
credit card information you provide on the IP Claim Form will automatically
be billed the additional $40 for each successful registration.
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