Domain Registration Agreement

This Registration Agreement ("Agreement") sets forth the terms and conditions of the use of Nominare's domain name registration services to register an Internet domain name, as well as the registration of that domain name. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement (for .com, ,net, and .org domain names), the appropriate Agreements for .TV and .WS domain name registrations,  the accompanying appropriate dispute policies and any registration rules or policies that are or may be published from time to time by Nominare, the Internet Corporation for Assigned Names and Numbers ("ICANN") and/or the Registry Administrators, Network Solutions, Inc. TV Corporation International, and Global Domains International ("Registry Administrators") and/or any company or institution with which Nominare has establised an agreement, license or contract for the domain name registration services. Submission of your domain name registration constitutes acceptance of all the terms and conditions contained and referenced herein.

This Agreement will become effective when accepted by Nominare at its offices located at its legal address. Nominare may elect to accept or reject your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.

Our Services:
Nominare is a domain name registrar authorized by an Accredited ICANN Registrar. Nominare will act as registrar for entities applying to register a domain name under .com, .net, , .org, .WS and .TV Top Level Domains ("TLD"s). According to the terms and conditions of our agreement with the Accredited ICANN Registrar, your acceptance of these terms and conditions constitutes acceptance of changes that may be made to this agreement as necessary to comply with Nominare's agreement with the Accredited ICANN Registrar or any other business purpose. All domain name registrations for .com, .net, .org, .WS, or .TV TLDs are not effective until we have delivered the domain name registration information you provide us to the registry administrator for the .com, .net, .org, .WS, and .TV TLDs, as applicable, and the registry administrator(s) put into effect your domain name registration.

You agree and acknowledge that Nominare and/or any company or institution with which Nominare has establised an agreement, license or contract for the domain name registration services, is not liable or responsible in any way for any errors, omissions or any other actions by the Registry Administrator(s) arising out of or related to your application and receipt of, or failure to receive, a domain name registration. You further agree to indemnify, defend and hold harmless the Registry Administrator(s) and their directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your domain name registration.

Fees:
As consideration for the domain name registration services provided by Nominare you agree to pay Nominare, prior to the effectiveness of the desired domain name registration, all applicable initial registration and renewal fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Nominare reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

Your requested domain name will not be registered until Nominare receives actual payment of the registration, renewal and reinstatement fees as applicable. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to Nominare as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and any reinstatement fees we may charge.

You will be notified when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge you accordingly.

Dispute Policy
You agree to be bound by the appropriate. Domain Name Dispute Policy ("Dispute Policy(ies)"), which are hereby incorporated and made a part of this Agreement by reference. The Dispute Policy(ies) can be found at http://www.nominare.com/register/agreement/disputes/default.htm.  These policy(ies) have been developed by ICANN and/or the specific Registration Administrator(s) and are a required component of every registration agreement. Certain disputes, as specified in the Dispute Policy(ies), are subject to that Policy. You agree that you will be subject to the provisions specified in the Dispute Policy(ies) in effect at the time your domain name registration is disputed by a third party, in the event such dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold Nominare and/or any company or institution with which Nominare has establised an agreement, license or contract for the domain name registration services, harmless pursuant to the terms and conditions contained in the Dispute Policy(ies). Nominare may modify the Dispute Policy(ies) at its sole discretion at any time. Your continued use of the domain name registered to you after any such Dispute Policyies) modification shall constitute your acceptance of this Agreement and the modified Dispute Policy(ies). If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy(ies).

You agree to indemnify, defend, and hold harmless ICANN, Nominare, Registry Administrator(s), and/or any company or institution with which Nominare has establised an agreement, license or contract for the domain name registration services, and their respective directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or related to your domain name registration and any disputes regarding same.

Change of Ownership
The entity named as the authorized contact at the time the controlling user name and password are secured shall be the owner of the domain name. You agree that prior to the effectiveness of any transfer of ownership of your domain name to another entity, you will pay Nominare the then-current amount set forth by Nominare for the transfer of ownership of a domain name. You further agree that as a condition of any such transfer of ownership of your domain name, the entity to which you seek to transfer your domain name shall agree in writing to be bound by all terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances, and actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from some other entity (such reasonable assurance as determined by Nominare in its sole discretion). You acknowledge and agree that if you attempt to transfer your domain name registration without paying Nominare the then-current amount set by Nominare for the transfer of ownership of a domain name, or if the entity to which you seek to transfer your domain name fails to agree in writing to be bound by all terms and conditions of this Agreement, any such transfer will be null and void, and will result in your domain name registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain name.

Transfer to another Registrar
You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with Nominare. You agree to provide written authorization to Nominare for the transfer of the domain name to another registrar and agree to pay any and all fees that may be charged by Nominare to effect the transfer. Your request to transfer to another registrar may be denied in situations described in the Dispute Policy, including, but not limited to: a dispute over the identity of the domain name holder; bankruptcy; and default in the payment of any fees.

Required Domain Name Registration Information and Its Use

You are required to submit and keep current the following information, as part of the registration process. This information must be current, complete and accurate.

1. Your name and postal address (or if different, that of the domain name holder);
2. The domain name being registered;
3. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative contact for the domain name; and
4. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name.

Upon renewal of your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, you agree and acknowledge that your registration may not be renewed.

All other information which we may request from you at registration is voluntary. However, not providing this information may prevent you from obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.

Nominare maintains additional information relating to your domain name registration. This information may include:

1. The original creation date of the registration;
2. The submission date and time of the registration application to us and by us to the proper registry;
3. Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
4. Records of account for your domain name registration, including dates and amounts of all payments and refunds;
5. The IP addresses of the primary nameserver and any secondary nameservers for the domain name; The corresponding names of those nameservers;
6. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name;
7. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name;
8. The expiration date of the registration;
9. Information regarding all other activity between you and us regarding your domain name registration and related services.

In the event that, in registering the domain name, you are providing information about a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

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 sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by Nominare, concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

You agree and acknowledge that Nominare will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the Registry Administrator(s), and/or any company or institution with which Nominare has establised an agreement, license or contract for the domain name registration services, and to other third parties as ICANN, the Registry Administrator(s), and applicable laws may require or permit. You further agree and acknowledge that Nominare and/or any company or institution with which Nominare has establised an agreement, license or contract for the domain name registration services, may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection or for targeted marketing and other purposes as required or permitted by ICANN, the Registry Administrator(s), and applicable laws.

Additionally, you acknowledge that ICANN and the Registry Administrator(s) may establish guidelines, limits and/or requirements that relate to the amount and type of information that Nominare and/or any company or institution with which Nominare has establised an agreement, license or contract for the domain name registration services may or must make available to the public or to private entities, and the manner in which such information is made available.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by Nominare and/or any company or institution with which Nominare has establised an agreement, license or contract for the domain name registration services.

You may access your domain name registration information in Nominare's possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available at our Web site (http://www.nominare.com).

Nominare will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations described in this Agreement.

Nominare will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access; or disclosure, alteration or destruction of that information.

Ownership of Data
You agree and acknowledge that Nominare and/or any company or institution with which Nominare has establised an agreement, license or contract for the domain name registration services owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that Nominare and/or any company or institution with which Nominare has establised an agreement, license or contract for the domain name registration services owns the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information Nominare generates or obtains in connection with the provision of domain name registration services, other than the domain name being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. Nominare does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.

Agents and Licenses
You agree that, if you are registering a domain name for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.

You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, authorized, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.

Limitation of Liability
YOU AGREE THAT NOMINARE AND/OR ANY COMPANY OR INSTITUTION WITH WHICH NOMINARE HAS ESTABLISED AN AGREEMENT, LICENSE OR CONTRACT FOR THE DOMAIN NAME REGISTRATION SERVICES WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (b) USE OF YOUR DOMAIN NAME REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (f) EVENTS BEYOND NOMINARE'S AND/OR ANY COMPANY OR INSTITUTION WITH WHICH NOMINARE HAS ESTABLISED AN AGREEMENT, LICENSE OR CONTRACT FOR THE DOMAIN NAME REGISTRATION SERVICES REASONABLE CONTROL; (g) THE PROCESSING OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE POLICY. NOMINARE AND/OR ANY COMPANY OR INSTITUTION WITH WHICH NOMINARE HAS ESTABLISED AN AGREEMENT, LICENSE OR CONTRACT FOR THE DOMAIN NAME REGISTRATION SERVICES ALSO 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), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE, EVEN IF NOMINARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES MAY NOT ALLOW SUCH A BROAD EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, AS CONTAINED HEREIN; IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW. IN NO EVENT SHALL NOMINARE'S AND/OR ANY COMPANY OR INSTITUTION WITH WHICH NOMINARE HAS ESTABLISED AN AGREEMENT, LICENSE OR CONTRACT FOR THE DOMAIN NAME REGISTRATION SERVICES MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF A DOMAIN NAME.

Indemnification of Nominare and/or any company or institution with which nominare has establised an agreement, license or contract for the domain name registration services.
You agree to defend, indemnify and hold harmless Nominare and/or any company or institution with which nominare has establised an agreement, license or contract for the domain name registration services for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the registration or use of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Dispute Policy.

Representations and Warranties
You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain name registration is accurate.

ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our agreement with an accredited ICANN-approved domain name registrar in the introductory paragraph of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, NOMINARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

Breach and Revocation
Nominare and/or any company or institution with which nominare has establised an agreement, license or contract for the domain name registration services reserves the right to suspend, cancel, transfer or modify your domain name registration in the event (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by Nominare (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (c) you use your domain name in connection with unlawful activity, or (d) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement.

You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Nominare and/or any company or institution with which nominare has establised an agreement, license or contract for the domain name registration services) or registry administrator(s) procedures approved by an ICANN-adopted policy, or by any other TLD registry administrator procedures as the case may be, (a) to correct mistakes by Nominare and/or any company or institution with which nominare has establised an agreement, license or contract for the domain name registration services, another registrar or the registry administrator in administering the name or (b) for the resolution of disputes concerning the domain name.

You also agree that Nominare and/or any company or institution with which nominare has establised an agreement, license or contract for the domain name registration services shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice and after such time as Nominare and/or any company or institution with which nominare has establised an agreement, license or contract for the domain name registration services receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain name registration.

Nominare will abide by any ICANN or Registry Administrator (s) adopted policy prohibiting or restricting warehousing of or speculation in domain names by registrars. Nominare reserves the right to refuse to register multiple domain name registrations.

Governing Law
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Mexico, Distrito Federal, as if the Agreement was a contract wholly entered into and wholly performed within Mexico, Distrito Federal. Except as otherwise set forth in the Dispute Policy(ies) with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the Nominare.com site shall be brought exclusively in Mexico, Distrito Federal.

Notices
You agree that any notices required to be given under this Agreement by Nominare to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

General
This Agreement and the Dispute Policy(ies), together with all modifications, constitute the complete and exclusive agreement between you and Nominare, and supersede and govern all prior proposals, agreements, or other communications.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Nominare. 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 Nominare 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. Nominare 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 Nominare. as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Nominare.