CUSTOMER DOMAIN REGISTRATION PRODUCT AGREEMENT
EXTENSION
WEBKRAFTS OR
WEBKRAFTS 3RD PARTY ARRANGMENTS (hereinafter referred to as "Parent")
AND you (hereinafter referred to as "Customer") HAVE entered into a
Customer Master Agreement ("Agreement") effective from 29 October,
2013 of which this "Domain Registration Product Agreement Extension"
is a part.
WHEREAS, Parent is
authorized to provide Internet registration and management services for domain
names, for the list of TLDs mentioned within APPENDIX ‘B’;
WHEREAS, the Customer
wishes to purchase Registration and/or Management and/or Renewal and/or
Transfer for the list of TLDs mentioned within APPENDIX ‘B’ through Parent;
NOW, THEREFORE, for
and in consideration of the mutual promises, benefits and covenants contained
herein and for other good and valuable consideration, the receipt, adequacy and
sufficiency of which are hereby acknowledged, Parent and the Customer,
intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1) "TLD"
refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL,
.WS, .COOP, CentralNIC, .MOBI, .ASIA, .ME, .TEL, .MN,
.BZ, .CC, .TV, .CN, .NZ, .CO, .CA, .DE, .ES, .AU, .XXX , .RU, .PRO, .SX, .PW and .IN.NET.
(2) "gTLD" refers to .COM, .NET,
.ORG, .BIZ, .INFO, .NAME, .TRAVEL, .COOP, .MOBI, .ASIA, .TEL, .XXX AND .PRO
(3) "Domain
Order" refers to an Order fulfilled by the Customer through the Parent
under this Domain Registration Product Agreement Extension.
(4)
"Registrant" refers to the registrant/owner of a Domain Order as in
the OrderBox Database.
(5)
"Registrar" refers to the Registrar of a Domain Order as in the OrderBox Database and/or shown in the Whois
Record.
(6) Registry Operator
refers to the Organisation/Entity that maintains the
registry of a TLD of a Domain Order.
(7) "Whois Record" refers to the collection of all data
elements of the Domain Order, specifically its Registrant Contact Information,
Administrative Contact Information, Technical Contact Information, Billing
Contact Information, Nameservers if any, its Creation
and Expiry dates, its Registrar and its current Status in the Registry.
2. OBLIGATIONS OF THE CUSTOMER
(1) The Customer must
ensure that the Registrant of each Domain Order must agree to be bound by the
terms and conditions laid out by the Registrar of the Domain Name during the
term of the Domain Order. The Customer must familiarize himself with such
terms. The Customer acknowledges that the Registrar has various rights and
powers as mentioned in the Registrar’s terms and conditions. Parent is not
liable for any action taken by Registrar pursuant to the Registrar’s terms and
conditions. The Customer acknowledges and agrees that the Customer shall
indemnify Parent of, and shall be responsible for any liability resulting from
Registrants’ noncompliance with such terms and conditions.
(2) The Customer will
not make any changes to any information associated with the Domain Order
without explicit authorization from the Registrant of that Domain Order.
(3) The Customer must
comply with all applicable terms and conditions, standards, policies,
procedures, and practices laid down by ICANN, the
Registrar and the Registry Operator.
3. RIGHTS OF PARENT
Parent and Service
Providers, in their sole discretion, expressly reserve the right to freeze,
delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain
Order, in order to comply with any applicable Dispute policies, requests of law
enforcement, or in compliance with any Court Orders, or if Parent or Service
Providers in their sole discretion determine that the information associated
with the Domain Order is inaccurate, or has been tampered with, or has been
modified without authorization, or if Parent or Service Providers in their sole
discretion determine that the Domain Order ownership should belong to another
entity, or if Customer/Customer/Registrant does not comply with any applicable
terms and conditions, standards, policies, procedures, and practices laid down
by Parent, Service Providers, ICANN, the Registrar and the Registry Operator.
The Customer agrees that Parent and Service Providers, and the contractors,
employees, directors, officers, representatives, agents and affiliates, of
Parent and Service Providers, are not liable for loss or damages that may
result from any of the above.
4. SURVIVAL
In the event of
termination of this Product Agreement Extension for any reason, Sections 2 and
3 shall survive.
APPENDIX ‘A’
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Privacy
Protection Service hides the contact details of the actual owner from appearing
in the Whois Lookup Result of his domain name.
2. IMPLEMENTATION DETAILS
(A) Customer
acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those
designated by the Parent, and
(i)
any mail received via post at this Address would be
rejected;
(ii) any telephone call received at this Telephone Number, would
be greeted with an electronic answering machine requesting the caller to email
the email address listed in the Whois of this privacy
protected domain name;
(iii) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an
automated response email asking them to visit the URL
http://www.privacyprotect.org/ to contact the Registrant, Administrative,
Billing or Technical Contact of a privacy protected domain name through an
online form. This message would be relayed as an email message via http://www.privacyprotect.org/
to the actual Registrant, Administrative, Billing or Technical Contact email
address in the OrderBox Database.
(B) Customer agrees
that we can not guarantee delivery of messages to either the Registrant,
Administrative, Billing, Technical Contact, of a privacy protected Domain
Order, and that such message may not be delivered in time or at all, for any
reason whatsoever. Parent and Service Providers disclaim any and all liability
associated with non-delivery of any messages relating to the Domain Order and
this service.
(C) Customer
understands that the Privacy Protection Service is only available for certain
TLDs.
(D) Irrespective of
whether Privacy Protection is enabled or not, Customers and Registrants are
required to fulfill their obligations of providing true and accurate contact
information as detailed in the Agreement.
(E) Customer
understands and acknowledges that Parent in its sole, unfettered discretion,
can discontinue providing Privacy Protection Services on the Order for any
purpose, including but not limited to:
(i)
if Parent receives any abuse complaint for the privacy
protected domain name, or
(ii) pursuant to any applicable laws, government rules or
requirements, requests of law enforcement agency, or
(iii) for the resolution of disputes concerning the domain name,
or
(iv) any other reason that Parent in its sole discretion deems
appropriate to switch off the Privacy Protection Services.
3. OBLIGATIONS OF CUSTOMER
Customer must ensure
that the Registrant of each Domain Order must also acknowledge and agree to be
bound by the following terms and conditions. The Customer acknowledges and
agrees that the Customer shall indemnify Parent of, and shall be responsible
for any liability resulting from Customer’s nondisclosure of these terms to
Registrant of Domain Order.
4. INDEMNITY
Customer and
Registrant agree to release, defend, indemnify and hold harmless Parent,
Service Providers, PrivacyProtect.org, and their parent companies,
subsidiaries, affiliates, shareholders, agents, directors, officers and
employees, from and against any and all claims, demands, liabilities, losses,
damages or costs, including reasonable attorney’s fees, arising out of or
related in any way to the Privacy Protection services provided hereunder.
APPENDIX ‘B’ – LIST OF TLDS PARENT
IS AUTHORIZED TO PROVIDE DOMAIN NAME REGISTRATION AND MANAGEMENT SERVICES
.COM, .NET (through Registrar BigRock Solutions Ltd)
.ORG (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.BIZ (through Registrar BigRock
Solutions Ltd)
.INFO (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.NAME and .NAME Defensive Registrations and
.NAME Mail Forwards (through Registrar BigRock
Solutions Ltd)
.US (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.IN (through Registrar Webiq
Domains Solutions Pvt Ltd)
.EU (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.UK (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.TRAVEL (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A
PublicDomainRegistry.com)
.WS (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.COOP (through Registrar
Domains.coop Ltd.)
CentralNIC
(through Registrar BigRock Solutions Ltd )
.MOBI (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.ASIA (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.ME (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.TEL (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.MN, .BZ (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.CC, .TV (through Registrar BigRock Solutions Ltd)
.CN (through Registrar
PDR Ltd.)
.NZ (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.CO (through Registrar <#=dotco_serviceprovidername#>)
.CA (through Registrar
PublicDomainRegistry.com Inc)
.DE (through Registrar Directi
Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.ES (through Registrar Directi
Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.AU (through Registrar
Public Domain Registry Pty Ltd.)
.RU (through Registrar RU-Center)
.XXX (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.PRO (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.SX (through Registrar
PDR Ltd.)
.PW (through Registrar <#=dotpw_serviceprovidername#>)
.IN.NET (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
APPENDIX ‘C’ – VERISIGN MOBILEVIEW
SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Verisign MobileView Service
creates a mobile-friendly version for your .COM and .NET website.
2. IMPLEMENTATION DETAILS
Registrant agrees
that Verisign may store the following data elements
about any MobileView-enabled domain name:
(i)
General Details (Company Name, Description and Company Logo);
(ii) Contacts (Phone,
Email and Address);
(iii) Social (Facebook and Twitter URL);
(iv)
Products
(Product Name, Description, Price and Image);
(v) Business Hours
(Title and Hours of Operation);
(vi)
Coupons (Name,
Description, Disclaimer, Image, Start and End Date).
(vii) Usage
information:
(a)
Number of hits for any given domain name;
(b) User agent (where
the request is coming from);
(c) Crawling website
to collect website information.
3. DATA USAGE
Registrant agrees and
acknowledges the following terms of data usage by Verisign:
(i)
The data will be used to display to the end users and not used for any other
internal purposes. This data is all publicly available on the internet and/or
customer website.
(ii) Customer
information is used to create and maintain accounts as well as contacting
Customers in case of any problems with accounts, provide technical support,
conduct surveys and other similar activities.
(iii) Verisign may use data for statistical analysis purpose to
understand the Verisign MovileView
adoption rate, trend by TLD’s etc. in order to make improvements to our
services.
(iv)
Verisign may also use data collected under the IMPLEMENTATION
DETAILS, in accordance with the terms of their privacy policy as set forth at
http://www.verisigninc.com/en_US/privacy/index.xhtml.
4. DATA RETENTION
Registrant
acknowledges that Verisign may retain some data that
has been anonymized under the IMPLEMENTATION DETAILS,
as well as retain statistical information derived from aggregated data, even
after the MobileView Service has been cancelled.
5. DATA TRANSFER
Registrant
acknowledges that Verisign may transfer data
collected under the IMPLEMENTATION DETAILS across International boundaries.