This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of BestRegistrar.com and the Internet Council of Registrars ("CORE") to register a domain name on the Internet. To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies that are or may be published by BestRegistrar.com and CORE. This Agreement will become effective if accepted by BestRegistrar.com and CORE. BestRegistrar.com and CORE are accredited registrars with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement with ICANN ("ICANN Agreement"). You acknowledge that BestRegistrar.com and CORE may modify this Agreement if necessary to comply with its ICANN Agreement, or otherwise.
As consideration for the domain name registration services provided by BestRegistrar.com your application shall pay all applicable initial registration fees and renewal fees. You will be notified when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that BestRegistrar.com shall have no liability whatsoever with respect to any such cancellation.
2. Dispute Policy
You agree to be bound by the current BestRegistrar.com and CORE Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The BestRegistrar.com Dispute Policy can be found at https://www.bestregistrar.com/dispute_policy and the CORE Dispute Policy can be found at http://www.corenic.org/Dispute-policy.htm. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. BestRegistrar.com and CORE may modify the Dispute Policy in its sole discretion at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted.
You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify and hold BestRegistrar.com and CORE harmless pursuant to the terms and conditions contained in the Dispute Policy. All Disputes and/or Litigations associated with said domain names shall abide by the laws of the Commonwealth of Kentucky and occur in Kentucky courts.
3. Use of 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 (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 nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (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 zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data.
You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. If you license use of a domain name to a third party, you are nonetheless the holder of record of the domain name and are responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information.
You acknowledge that BestRegistrar.com and CORE will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that BestRegistrar.com and CORE may or must make available to the public or to private entities. BestRegistrar.com and CORE will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in BestRegistrar.com's and CORE's possession to review, modify or update such information.
4. Use Policies
BestRegistrar.com CORE reserve the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.
5. Agents and Licenses
You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.
You agree that if you license the use of your domain name to a third party, you re-main the domain name holder, and remain responsible for all obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT BESTREGISTRAR.COM AND CORE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO BESTREGISTRAR.COM'S AND CORE'S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND BESTREGISTRAR.COM AND CORE; (e) EVENTS BEYOND BESTREGISTRAR.COM'S AND CORE'S REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, CORE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CORE'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO CORE FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless BestRegistrar.com, CORE (Core Internet Council of Registrars), Verisign, Afilias, Inc., PIR (Public Interest Registry), GNR (Global Name Registry), Neulevel, Inc., Neustar, Inc. and any applicable domain name registry, including Network Solutions, Inc., and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.
8. Representations and Warranties
You represent and warrant that all information provided by you in connection with your registration is complete and accurate. BestRegistrar.com and CORE make no representation or warranties of any kind in connection with this Agreement. BestRegistrar.com and CORE do not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.
9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by BestRegistrar.com and CORE. If you fail to cure the breach, BestRegistrar.com and CORE may revoke your registration of the domain name. You also agree that BestRegistrar.com and CORE shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as BestRegistrar.com and CORE receive a properly authenticated order from a court of competent jurisdiction, or arbitration award, re-querying the revocation, suspension, transfer or modification of the domain name registration.
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Kentucky, as if the Agreement was a contract wholly entered into and wholly performed within Kentucky. Any action to enforce this Agreement or any matter relating to your use of the BestRegistrar.com shall be brought exclusively in the courts of Kentucky located in USA.
This Agreement, the BestRegistrar.com and CORE fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and BestRegistrar.com and CORE, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Policy shall be construed as creating any agency, partner-ship, or other form of joint enterprise between the parties. The failure of BestRegistrar.com and CORE to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by BestRegistrar.com and CORE of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement 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. BestRegistrar.com and CORE will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of CORE as reflected in the original provision. No provision of this Agreement, including the BestRegistrar.com and CORE fee schedule and the Dispute Policy, may not be amended or modified by you except by means of a written document signed by BestRegistrar.com and CORE.
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