Registration Agreement
 

     
  1. General.

    This Registration Agreement ("Agreement") sets out the terms and conditions of your relationship with BookMyName, in order to register a Domain Name (SLD) on the Internet. To complete the registration process, you must read and agree to abide by all terms and conditions of this Agreement, the related fee schedule and Dispute Policy, and any rules or policies that are or may be published by BookMyName. This Agreement will become effective if accepted by BookMyName SA. BookMyName is an accredited Registrar(R) with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between BookMyName and ICANN ("ICANN Agreement"). You acknowledge that BookMyName may modify this Agreement if necessary to comply with its ICANN Agreement, or otherwise. BookMyName reserves itself the right to proceed your instructions through another duly accredited Registrar , especially whenever its own site is under construction, maintenance or check.

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  3. Fees.

    As a consideration for the Domain Name registration services provided by BookMyName initial registration fees and renewal fees are fully applicable. 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 BookMyName shall have no liability whatsoever with respect to any such cancellation.

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  5. Dispute Policy.

    You agree to be bound by the current Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at dispute resolution policy. Any disputes regarding the right to use your Domain Name will be subject to the Dispute Policy. BookMyName 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 BookMyName harmless pursuant to the terms and conditions contained in the Dispute Policy.

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  7. 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 :

    1. your full name, postal address, e-mail address, voice telephone number, and fax number if available ;
    2. the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation
    3. the IP addresses of the primary nameserver and any secondary nameservers for the Domain Name ;
    4. the corresponding names of those nameservers
    5. the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the Domain Name
    6. the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the Domain Name
    7. the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the Domain Name and

    You are responsible for promptly notifying BookMyName of any change in your e-mail and postal mailing addresses, which BookMyName may use from time to time to maintain contact with you regarding the registration of your Domain Name. In addition, you must keep BookMyName promptly notified of any changes regarding the technical, billing and administrative contact information for your Domain Name registration. Providing inaccurate or incomplete information, or failing to update information promptly, or failing to respond within fifteen (15) calendar days to inquiries by BookMyName concerning the accuracy of contact information supplied in the Registrant's application for a Domain Name or renewal thereof will constitute a material breach of this Agreement; and will be a basis for the cancellation of the registration of your Domain Name. For any update, please use the button "Manage" and then "Edit contact". 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 BookMyName will make some use 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 BookMyName may or must make available to the public or to private entities. BookMyName 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 BookMyName's possession to review, modify or update such information.

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  9. Privacy Policy.Access of Whois Data (i.e items of Registrant information pertaining to his identity and address)

    You can access and update your Personal Data, as well as other Registrant Information, either by using your Id and password or by sending a written request to the following address : BookMyName, BP 438, F-75366 PARIS 08. The correspondence must include your name, address, email address, and telephone number as currently on file, and your password and billing address. All Registrant Information requested or updated in this manner will be sent by Email to you as it may be updated or otherwise requested.
    The purposes for the collection of Registrant Information by BookMyName are :

    1. to accurately, efficiently, and effectively process the registration application of the Registrant and administer on a continuing and global basis the registration of Domain Names by itself and in coordination with ICANN and other ICANN accredited Registrars.
    2. to identify to users of the Internet the Registrants of specific Domain Names
    3. to enable BookMyName to identify, for its own business purposes, geographic, commercial, and marketing trends in the use and registration of Domain Names and
    4. to abide by the requirements of the ICANN as that body may from time to time require the disclosure and processing of Registrant Information. BookMyName shall not process Registrant Information in any manner incompatible with the purposes and other limitations set forth in this Section. Recipients of Registrant Information: anyone may have viewing access to Whois Information. The intended recipients of additional Registrant Information, including Personal Data, are limited to BookMyName and its officers, employees, agents, and independent contractors and attorneys; ICANN and that body's equivalent personnel; and any Internet Service Provider with which BookMyName may from time to time engage a business relationship for the purpose of providing Domain Name registration and renewal services to Registrants and potential Registrants, or for safety replication purpose. Such additional Registrant Information may be provided to government authorities, including law enforcement authorities, pursuant to court order or other lawful process; or upon reasonable suspicion by BookMyName that a crime has been committed through the registration or use of a Domain Name registered with BookMyName. Such disclosure may be with or without notice to the Registrant, and any such disclosure shall be within the discretion of BookMyName and as applicable law may provide. ICANN Requirements: ICANN requires BookMyName to make publicly available some of the information provided during the registration process. For this reason, BookMyName may disclose some or all of the information provided during the registration process to third parties or to the public at large to fulfill ICANN's requirements. Additionally, ICANN may impose guidelines, limits, or requirements that relate to the amount and type of information that BookMyName may or must make available to the public or to private entities. Obligatory information : all information requested for registrations is obligatory. Registrant Consent: You consent to the use and processing of the Registrant Information as described in this Section, including Personal Data. Registrant Agreements: You agree, for the adjudication of disputes concerning or arising from use of a Domain Name, to submit (without prejudice to other potentially applicable jurisdictions) to the jurisdiction of the courts of the Registrant's domicile and of BookMyName's places of business as they may be located from time to time. You agree that the registration of a Domain Name shall, for the following reasons, be subject to suspension, cancellation, or transfer pursuant to any policy adopted by ICANN, as well as to any procedures of BookMyName not inconsistent with an ICANN adopted policy.
    5. to correct mistakes made by BookMyName or other ICANN accredited Registrars and the registry in the registration of a Domain Name
    6. for the resolution of disputes concerning a Domain Name.

    Data Protection :

    BookMyName agrees that it will take reasonable precautions to protect Registrant Information from loss, misuse, unauthorized access or disclosure, alteration, or destruction, consistent with the provisions of this Section. Registrant's Notice Regarding Third Parties: You hereby represent and agree that you have provided notice equivalent to that set forth above to any third party individuals whose Registrant Information you have supplied to BookMyName; and that you have obtained consent equivalent to that referred to above from such third parties.

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  11. Use Policies.

    BookMyName reserves 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.

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  13. 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 remain the Domain Name holder, and remain responsible for all obligations under this Agreement.
    In the case where, as an SLD holder, you license use of an SLD, you will accept liability for harm caused by wrongful use of the SLD, unless you promtly disclose the identity of the licensee to a party providing reasonable evidence of actionable harm.

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  15. Specific consents.

    Registrant consents to the use, copying, distrbution, publication, modification and other processing of Registered Name Holder’s Personal Data by Registry Operators and their designees and agents in consistance with articles 4 and 4 above. Registrant consents to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP"); Registrant consents to correct immediately and to update immediately the registration information for the Registered Name during the registration term for the Registered Name, and acknowledges that Registry Operators will have no liability of any kind for any loss or liability resulting from the proceedings and processes to the Sunrise Period or the Land Rush Period, including without limitation: a) the ability or inability of a Registrant to obtain a Registered Name during these periods, and b) the results of any dispute over a Sunrise Registration.

    TLD Specific consents
    1. When registering a .US Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.
    2. When registering a .BE Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.
    3. When registering a .FR Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.
    4. When registering a DEMOCRAT, IMMOBILIEN, NINJA, KAUFEN, MODA, SOCIAL, DANCE, PUB, ACTOR, REPUBLICAN, FUTBOL, REVIEWS, CONSULTING, HAUS, ROCKS, RIP, FORSALE, BAND, AIRFORCE, ARMY, NAVY, LAWYER, MARKET, MORTGAGE, ENGINEER, REHAB, GIVES, DEGREE, DENTIST, ATTORNEY, VET, SOFTWARE, AUCTION, or any other TLD managed by Righside registry, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for theses TLD, which may be found here.
    5. When registering a .TW Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.
    6. When registering a .CN Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.
    7. When registering a .IT Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.
    8. When registering a .EU Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this TLD, which may be found here.
    9. When registering a .BIZ Domain Name, Registrant undertakes that, the registered Domain Name will be used primarily for bona fide business or commercial purposes and not (1) exclusively for personal use or (2) solely for the purpose of (a) selling or trading or leasing the Domain Name for compensation or (b) the unsolicited offering to sell, trade or lease the Domain Name for compensation ; and that the registered Domain Name is reasonably related to his business or intended commercial purpose at the time of Registration.
    10. When registering a .NAME Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this TLD, which may be found here.
    11. When registering a .MOBI Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this TLD, which may be found here.
    12. When registering a .ASIA Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this TLD, which may be found here.
    13. When registering a .CO.UK Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this TLD, which may be found here.
    14. When registering a .ORG.UK Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this TLD, which may be found here.
    15. When registering a .CH Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this TLD, which may be found here and here.
    16. When registering a .LI Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this TLD, which may be found here and here.
    17. When registering a .LU Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this TLD, which may be found here.
    18. When registering a .TEL Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this TLD, which may be found here.
    19. When registering a .XXX Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this TLD, which may be found here.
    20. When registering a .IT Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this TLD, which may be found here.
    21. When registering a .ES Domain Name, Registrant acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this TLD, which may be found here and here
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  17. Limitation of Liability.

    YOU AGREE THAT BOOKMYNAME WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO

    1. ANY LOSS OF REGISTRATION OF A DOMAIN NAME,
    2. THE USE OF YOUR DOMAIN NAME,
    3. ACCESS DELAYS OR ACCESS INTERRUPTIONS TO BOOKMYNAME REGISTRATION SYSTEM;
    4. THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND BOOKMYNAME;
    5. EVENTS BEYOND BOOKMYNAME REASONABLE CONTROL;
    6. THE PROCESSING OF THIS APPLICATION;
    7. THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME,
    8. THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER ; OR
    9. THE APPLICATION OF THE DISPUTE POLICY.

    FURTHER, BOOKMYNAME 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 BOOKMYNAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BOOKMYNAME MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO BOOKMYNAME 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.
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  19. Indemnity.

    You agree to defend, indemnify and hold harmless BookMyName and any applicable Domain Name registry, including Verisign Inc., Public Interest Registry, Afilias Limited, NeuLevel Inc, NeuStar, GNR, EurID, EurID, DnsBE, AFNIC, TWNIC, CNNIC 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.

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  21. Representations and Warranties.

    You represent and warrant that all information provided by you in connection with your registration is complete and accurate. The SLD holder represents that, to the best of his knowledge and belief, neither the registration of the SLD name nor the manner in which it is directly or indirectly used infringes the legal rigths of a third party. BookMyName makes no representation or warranties of any kind in connection with this Agreement. BookMyName does not represent or warrant that registration of your Domain Name will immunize you from challenges to your Domain Name.

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  23. 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 BookMyName. If you fail to cure the breach, BookMyName may revoke your registration of the Domain Name. You also agree that BookMyName 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 BookMyName receives 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.

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  25. Governing Law.

    This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of France, as if the Agreement was a contract wholly entered into and wholly performed within France. Any action to enforce this Agreement or any matter relating to your use of the BookMyName site shall be brought exclusively in the courts of Paris.

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  27. Miscellaneous.

    This Agreement, the BookMyName 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 BookMyName , and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Contract shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of BookMyName 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 BookMyName 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. BookMyName 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 as reflected in the original provision. No provision of this Agreement, including the fee schedule and the Dispute Policy, may not be amended or modified by you except by means of a written document signed by BookMyName.


 

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