1 ACCEPTANCE OF AGREEMENT
1.1 You agree to the terms and conditions outlined in this Agreement, including to the terms and conditions enumerated in the following parts, appendices and exhibits attached to and incorporated by reference to this agreement (each a "Part"):
a) Part I: Service Agreement
c) Part III: Marketplace Network Partners
d) Appendix A: Additional TLD Rules
e) Appendix B: TLD-Specific Periods
1.2 This Agreement constitutes the entire and only agreement between GDG and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services and the subject-matter of this Agreement.
1.3 You agree to review this Agreement prior to reviewing any information on this website or App, obtaining any documents from this website or App or interacting with this website or App.
1.4 This Agreement may be amended by GDG from time to time without specific advance notice to You. The latest Agreement will be posted on this website, and you should review the Agreement prior to using this website or App.
1.5 The following third parties shall be deemed the only third-party beneficiaries of this Agreement and shall be entitled to enforce the provisions of this Agreement as if they were parties hereto:
a) Each of GDG's affiliates;
b) Each of Your domain names' registry and registry operator; and,
c) If Verisign Inc. is the registry or registry operator of Your domain name, Verisign Inc. and its affiliates, and each of their directors, officers, employees, contractors, agents, successors and assigns.
2 ACCEPTABLE USE & CONTENT
2.1 The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to this website and App are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by You of any such content or any part of this website or App is strictly prohibited. You do not acquire ownership rights to any content or document obtained through this website or App. The posting of information or materials on this website and App does not constitute a waiver of any right in such information and materials.
2.2 You shall not republish, distribute, assign, sublicense, sell or prepare derivative of any content, form or document provided on this website or App. Unless otherwise stated herein, no part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical.
2.3 This website and App contain links to other websites. GDG is not responsible for the content, accuracy, or opinions expressed in such other websites, and such other websites are not investigated, monitored or checked for accuracy or completeness by GDG. Inclusion of any linked website does not imply approval or endorsement of the linked website by GDG. If You decide to leave this website or App and access a third-party website, You do so at Your own risk.
3.1 GDG reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on this website or App.
3.2 You agree to indemnify, defend and hold harmless GDG and its partners, attorneys, directors, employees, agents, staff and affiliates from any liability, loss, claim and expense, including reasonable attorney fees, related to Your violation of this Agreement, use of this website, use of the App and acceptance of the Services.
3.3 Your right to use this website and App is not transferable and any password or right given to You to obtain access is not transferable.
3.4 The Services, the App and this website, including but not limited to information, forms and agreements within, are provided "as is", "as available" and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). This website, the App and the Services may contain bugs, errors, problems or other limitations. Neither GDG nor any registry operator (nor any registry) shall have any liability whatsoever for Your use of the website, the App or any Service. In particular, but not as a limitation thereof, neither GDG nor any registry operator (nor any registry) shall be liable for any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above is a fundamental element of the basis of the bargain between GDG and You. This website, the App and the Services would not be provided without such limitations. You understand and agree that GDG disclaims any loss or liability resulting from: (1) access delays or access interruptions to our web site or any Service; (2) data non-delivery or data mis-delivery; (3) acts of God; (4) the unauthorized use or misuse of Your and Your customers' accounts or any of the Services; (5) the inadvertent disclosure or theft of Your and Your customers' personal information; (6) errors, omissions, or misstatements in any and all information provided by GDG; (7) the deletion of, failure to store, or failure to process or act upon email messages, other mail and other means of communication; (8) the development or interruption of Your and Your customers' websites and any Service; (9) errors in connection with the processing of Your and Your customers' applications for any Service; (10) the processing of updated information to Your and Your customers' accounts; (11) the application of GDG's or any registry operator's or registry's dispute resolution policy; (12) the loss of registration, processing of, or use of any domain name; (13) the failure to renew the right to use a domain name; (14) the failure of or processing of any transfer request; (15) any corrective action GDG may take on Your account or Services provided to You as a result of Your or any of Your customers' violation of any term of this Agreement; (16) any rejection, cancellation, suspension, interruption, or termination of services provided by registries, registry operators or third party vendors; (17) the submission of proposed registration requests to registry operators or registries, including without limitation, Your and any of Your customers' ability or inability to obtain a particular domain name; (18) Your and Your customers' use of any hosting, email and website builder Service, spam protection, and any domain name utilizing any Afternic service, Sedo service or Uni Market services; (19) any failure or errors in renewing any Service; (20) service performance (throughput speed) levels; and, (21) any losses or damages related to any cancellation, discontinuation, expiration, or termination of any Service.
3.5 Each form and document should be treated as a guide or starting point and should not be considered a substitute for professional legal analysis. This website and the App are provided and each form, agreement and document is provided with the understanding and agreement that GDG is not engaged in rendering legal, accounting or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought. You assume all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of any form, agreement or document and for the selection of a form, agreement or document to achieve Your intended results.
3.6 This Agreement shall be treated as though it were executed and performed in the State of California, San Mateo County, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement, with anyone's use of this website or App or with anyone's use of the Services shall be brought solely either in the United States District Court for the Northern District of California or in the Superior Court of California, San Mateo County. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Each party waives any objection (on the grounds of lack of jurisdiction, forum non conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the interpretation or enforcement of this Agreement.
3.7 You agree to waive Your rights to a trial by jury (regardless of the source of that right) in any action against GDG, including tort claims, arising from this Agreement. If GDG prevails in any litigation against You then GDG will receive from You all costs and reasonable, actual attorney fees incurred in that litigation.
3.8 Any cause of action related to anyone's use of this website or App (and/or information, forms and agreements, thereon) or GDG's Services must be instituted within six months after the cause of action arose or be forever waived and barred.
3.9 Unless otherwise stated herein, nothing herein shall be deemed to create an agency, joint venture, amalgamation, partnership or similar relationship between any parties and no party shall assume any obligation or responsibility on behalf of another party.
3.10 The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
3.11 This Agreement, along with all documents and information provided on this website and App, is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English version and a translated version, the English version will control and prevail.
3.12 Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
3.13 To the extent that anything in or associated with this website or App is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
3.14 Failure of GDG to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.
3.15 The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
1.1 This Part I (Service Agreement) applies to any person or entity which creates a user account with GDG, otherwise has control over a user account with GDG, or uses any of the services described herein.
2 ACCURACY OF REGISTRATION DATA
2.1 You shall provide to GDG accurate and reliable contact details for every Registered Name Holder ("RNH") and correct and update them within seven (7) days of any change during the term of a domain name's registration, including:
a) RNH's full name;
b) RNH's postal address;
c) RNH's e-mail address;
d) RNH's telephone number;
e) RNH's fax number, if available;
f) if the RNH is an organization, association or corporation, the name of an authorized person for contact purposes;
g) the names of the primary nameserver and secondary nameserver(s) for the associated domain name;
h) the name, postal address, e-mail address, voice telephone number, and (if available) fax number of the technical contact for the associated domain name; and,
i) the name, postal address, e-mail address, voice telephone number, and (if available) fax number of the administrative contact for the associated domain name.
2.2 If You, directly or indirectly, willfully provide inaccurate or unreliable information to GDG, willfully fail to update information provided to GDG within seven (7) days of any change, or fail to respond for over fifteen (15) days to inquiries by GDG concerning the accuracy of contact details associated with Your domain name, then such action or inaction, as appropriate, shall constitute a material breach of this Agreement and become a basis for suspension and/or cancellation of the associated domain name registration.
3.1 You shall not, and shall not permit any third party to, take any action inconsistent with any consensus policy, specification, policy, procedure, program, bylaw and associated amendments issued by Internet Corporation for Assigned Names and Numbers ("ICANN") and any applicable law.
3.2 You shall not display the ICANN or ICANN-accredited registrar logo, or otherwise represent Yourself as accredited by ICANN, unless You have written permission from ICANN to do so.
3.3 Every registration agreement used by You shall include all registration agreement provisions and notices required by the ICANN registrar accreditation agreement and all ICANN consensus policies, and shall identify GDG as the registrar or provide a means for identifying GDG as the sponsoring registrar, such as a link to the InterNIC Whois lookup service.
3.4 You shall identify GDG as the sponsoring registrar upon inquiry from Your customer.
3.5 You shall comply with every ICANN-adopted specification or policy that establishes a program for accreditation of individuals or entities who provide proxy and privacy registration services ("Proxy Accreditation Program"). Among other features, the Proxy Accreditation Program may require that: (i) proxy and privacy registration services may only be provided in respect of domain name registrations by individuals or entities accredited by ICANN pursuant to such Proxy Accreditation Program; and (ii) GDG prohibit You from knowingly accepting registrations from any provider of proxy and privacy registration services that is not accredited by ICANN pursuant the Proxy Accreditation Program. Until such time as the Proxy Accreditation Program is established, You shall comply with the Specification on Privacy and Proxy Registrations, as specified under https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#privacy-proxy.
3.6 You shall provide Your customers with the following link to the ICANN webpage detailing registrant educational information on any website You operate for domain name registration or renewal: http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm. This link shall be displayed at least as clearly to Your customers as Your links to Your policies and the notifications required to be displayed under the relevant ICANN consensus policies.
3.7 You shall publish on Your website(s) and/or provide Your customers with a link to ICANN's Registrants' Benefits and Responsibilities Specification: https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#registrant.
3.9 You shall remain liable for harm caused by the wrongful use of a domain name, unless You disclose the current contact information provided by Your customer and the identity of Your customer within seven (7) days to a party providing You with reasonable evidence of actionable harm.
3.10 You represent that, to the best of Your knowledge and belief, neither Your registration of a domain name nor the manner in which a domain name under Your control is directly or indirectly used shall result in the infringement of the legal rights of any third party.
4 DATA PROCESSING & SECURITY
4.2 You authorize GDG to process all account transactions and activities initiated through the use of Your account. You shall pay all fees and assume all liabilities arising from the use of Your account, including but not limited to circumstances these where transactions and/or activities are caused, directly or indirectly, by unauthorized parties.
4.3 You shall forthwith notify GDG of any unauthorized use of Your or Your customer's password, account, or any other breach of security.
4.4 You shall cooperate with GDG's security processes, including but not limited to secret questions and account locking processes, by providing complete, accurate, and truthful information.
4.5 GDG may, in its sole and absolute discretion, log off, delete, disable, or deactivate any account that is inactive for an extended period of time.
5.1 You shall pay GDG the applicable fees set forth in this Agreement and on this website or App at the time of Your purchase, upon receipt of an invoice from GDG and by the dates specified in the respective payment plan, as applicable.
5.2 You shall pay GDG's fees only in the currency required by GDG and only by way of the payment method required by GDG.
5.3 Unless otherwise stated herein, GDG shall neither refund nor credit any fee or amount paid.
5.4 An additional USD $15 processing fee shall apply to every wire transfer of an amount below USD $500.
5.5 An additional fee may apply to any wire transfer from third-parties intermediaries, including but not limited to banks based outside of the United States of America.
5.6 An additional fee, as stated on this website or App, shall apply for requests to GDG to reset the email address associated with Your or Your customer's account.
5.7 Additional fees may apply for processing of Services by means other than by email or electronically and for responding to and handing of disputes requiring legal action.
5.8 You may deposit funds in Your account ("Pre-Pay") against which GDG shall credit its fees. No Pre-Pay amount is refundable unless otherwise stated herein.
5.9 An additional USD $20 processing fee, or as otherwise stated on this website or App, shall apply to every instance where Your check or other order for the payment of money is returned unpaid for any reason.
5.10 GDG may charge its fees against Your credit card or other payment service on Your account.
5.12 A Make Offer Fee shall be refunded only as a credit on Your account. A Make Offer Fee shall only be credited back to Your account if the registrant of the respective domain name or its agent does not respond to You or Your agent within 30 days of You or Your agent placing an offer via GDG's Make Offer Service. For the purpose of this section, any response by the registrant or its agent, including but not limited to a response rejecting Your offer or refusing to further communicate with You or Your agent, shall be be deemed a response disentitling You from a refund for the Make Offer Fee credit.
6.1 GDG disclaims all warranties, express or implied, respecting the fee applicable to and the length of the renewal of any Service or portion thereof.
6.2 You shall be solely responsible for maintaining your own records and reminders respecting the expiry of any Service or portion thereof.
6.3 If You opt-in for automatic renewal of a Service but GDG is unable to process a transaction, then the automatic renewal shall not occur.
6.4 Every domain name renewal transaction is final, irreversible, non-refundable and ineligible for account credit.
7.1 For the adjudication of disputes concerning or arising from use of a domain name, You shall submit, without prejudice to other potentially applicable jurisdictions, to:
a) The jurisdiction of the courts of Your domicile; and,
b) The jurisdiction of the United States District Court for the Northern District of California.
7.2 Your registration of a domain name shall be subject to suspension, cancellation, or transfer pursuant to:
a) Any consensus policy, specification, policy, procedure, program, bylaw and associated amendments issued by ICANN ("ICANN Rule"); and,
b) Any GDG, registrar or registry procedure not inconsistent with any ICANN Rule concerning (1) the correction of mistakes by GDG or the domain name's registry operator in registering the domain name or (2) the resolution of disputes concerning the domain name.
7.3 Unless otherwise stated herein, GDG may, in its sole and absolute discretion:
a) Refuse to provide or cease providing any Service or portion thereof;
b) Refuse to affect any transaction on Your account;
c) Delete, suspend, cancel, terminate, or otherwise interrupt any Service and/or Your account where such Service or account is used in connection with a morally objectionable activity, including but not limited to spam, fraud, illegal activity, defamation, slander, harassment, obscenity, profanity, indecency, deceptive practices, tortuous behavior, racism, bigotry, hatred, vulgarity, invasion of privacy, impersonation, intellectual property infringement, trademark infringement, copyright infringement, counterfeiting, piracy, unsolicited bulk e-mailing, phishing, pharming use of botnets, malware, any harm or threat of harm to a third party or to GDG, any activity contrary to applicable law and any activity or material deemed objectionable by GDG, in its absolute and sole discretion ("Objectionable Use Activity");
d) Delete, suspend, cancel, terminate, or otherwise interrupt any Service and/or Your account while investigating whether Your account is used in connection with any Objectionable Use Activity; and,
e) Treat any Objectionable Use Activity as a termination of this Agreement and deny any request for account credit and/or refund.
8 RESTORATION OF AN EXPIRED DOMAIN
8.1 Any domain name that is not renewed prior to its expiration date shall enter a post-expiration period ("Post-Expiration Period"), during which:
a) The domain name shall gain the Hold status and its nameserver information changed;
b) You shall have no right to access or to use the domain name;
c) You shall have no right to change the registrant information;
d) You shall have no right to generate any revenue from the domain name's parking services; and,
e) GDG shall provisionally renew the domain name registration on Your behalf in order to preserve Your ability to renew the domain name registration during the Post-Expiration Period, but such provisional renewal shall not entitle You to any rights to the domain name.
8.2 The Post-Expiration Period of a domain name shall be 40 calendar days. If GDG, in its absolute and sole discretion, allows You to renew Your domain name during the Post-Expiration Period, then the Post-Expiration Period shall also end on the day when GDG accepts Your payment for the domain name's renewal.
8.3 An additional USD $10 late-renewal fee shall apply to any domain name renewal submitted in the last 10 calendar days of the Post-Expiration Period.
8.4 GDG may auction for sale any domain name that is not renewed within the lesser of the first 30 calendar days of the Post-Expiration Period and such other shorter time period applicable to the respective top-level domain as specified under Appendix B (TLD-Specific Periods).
8.5 GDG may transfer any domain name to another registrant if that domain name is not renewed within the Post-Expiration Period.
8.6 You shall have no right to transfer the domain name to another registrant or to another registrar in the last 10 calendar days of the Post-Expiration Period.
8.7 Subsequent to the conclusion of its Post-Expiration Period, a domain name that is neither sold by auction nor renewed shall enter a deletion period ("Deletion Period"), during which the domain name may be flagged for deletion by the respective registry or registry operator. However, there shall be no Deletion Period for any domain (a) that is sold by auction during the Post-Expiration Period or (b) with respect to which the respective registry or registry operator restricts the restoration of domain names.
8.8 The Deletion Period shall be 30 calendar days. If GDG, in its absolute and sole discretion, allows You to renew Your domain name during the Deletion Period, then the Deletion Period shall also end on the day when GDG accepts Your payment for the domain name's restoration.
8.9 Every domain name restoration transaction is final, irreversible, non-refundable and ineligible for account credit.
8.10 No domain name may be transferred during the 60 calendar days subsequent to the day that it is restored during the Deletion Period.
8.11 Every domain name that is transferred within 45 calendar days of its expiration date shall have its new expiration date reduced by 1 calendar year. Such a transfer shall be final, irreversible, non-refundable and ineligible for account credit despite the loss of the 1 calendar year.
8.12 Notwithstanding anything to the contrary herein, the terms and conditions of the Post-Expiration Period and the Deletion Period of every domain are subject to the policies and requirements of the respective registries and registry operators. These policies and requirements may include, but are not limited to, limitations respecting Your and Your customers' rights and obligations during these periods, changes to the lengths of these periods, and the elimination of one or both of these periods.
9 DOMAIN PARKING
9.1 GDG shall implement its own parked page ("Default Parked Page") for every new registered domain name until such time that You input nameserver values for the domain name.
9.2 A domain name set to Default Parked Page may contain third-party links and commercial advertising related to the domain name's meaning and to Your and Your customers' competitors.
9.3 The Default Parked Page may contain links to other websites. GDG shall not be responsible for the content, accuracy, or opinions expressed in such other websites, and such other websites are not investigated, monitored or checked for accuracy or completeness by GDG. Inclusion of any linked website does not imply approval or endorsement of the linked website by GDG.
10 NEW REGISTRATION DELETION
10.1 You may request that GDG delete the registration of a domain name that You registered within the 5 preceding calendar days or within such other timeframe as specified on this website or App ("Deletion Request").
10.2 GDG may not satisfy a Deletion Request:
a) Where the Deletion Request is made within 24 hours preceding the stated deadline;
b) Where the Deletion Request would cause an excess deletion fee by the respective registry or registry operator;
c) Where the Deletion Request is disallowed by the respective registry or registry operator;
d) Where you fail to pay GDG's fee applicable to the Deletion Request;
e) Which GDG determines, in its absolute and sole discretion, as an abuse of the Deletion Request service; or,
f) For any other reason as determined by GDG, in its absolute and sole discretion.
10.3 Subsequent to satisfying a Deletion Request, GDG may, in its absolute and sole discretion, provide You with account credit or refund less all GDG fees applicable to the Deletion Request.
11 TRANSFER OF DOMAIN NAME
11.1 Unless otherwise stated herein, You may request that GDG transfer a domain name from another registrar and, where the transfer is between two GDG accounts, You may request that GDG transfer a domain name from or to another registrant.
11.2 Unless otherwise stated herein, a domain name may not be transferred unless the transferor registrant or its authorized agent provides express authorization for the transfer. GDG shall treat the party listed as the Administrative Contact in the RDDS Output of the registrar of the respective domain as the authorized agent for the transferor registrant.
11.3 You expressly appoint GDG as Your and Your customer's Designated Agent to approve any Change of Registrant request and to opt out of a 60-day lock.
11.4 Circumstances where a domain name may not be transferred include but are not limited to:
a) Where the registrar of the transferor or of the transferee refuses to process the transfer;
b) Where the policies of the registry or registry operator of the domain name forbid the transfer;
c) Where there is a dispute concerning or arising from the use of the domain name;
d) A court order prohibiting the transfer of the domain name;
e) Where there is dispute over the identity of the registrant or its agent;
f) Where there is evidence suggesting fraud concerning or arising from the use of the domain name;
g) During the 60 days immediately subsequent to the restoration of the respective expired domain name;
h) Subsequent to the Post-Expiration Period of the respective domain name;
i) Where You are in default of any obligation towards GDG; and,
j) Where the domain name has the Hold status or is locked.
11.5 GDG shall not be treated as the registrar of a domain name transferred from a registrar other than GDG until GDG issues a notice accepting the transfer request.
11.6 Where Your customer is a transferor registrant, neither Your customer nor its agent(s) shall change any of the contact information on Your customer's account until after the transfer is complete.
11.7 GDG disclaims all warranties, express or implied, respecting the expiration date of a domain name immediately subsequent to its transfer. You understand and agree that the length of the registration period of Your domain name immediately subsequent to the transfer of Your domain name is subject to the policies of other registrars and registries.
12 APPLICATION PROGRAMMING INTERFACE
12.1 You shall not, and shall not permit any third party to:
a) reverse engineer or otherwise attempt to discover the source code of or trade secrets embodied in GDG's application programming interface ("API") or any portion thereof;
b) distribute, transfer, grant sublicenses to, or otherwise make available the API (or any portion thereof, or any data derived out of its use) to third parties;
c) embed or incorporate in any manner the API (or any element thereof, or any data derived out of its use) into other applications or third parties;
d) create modifications to or derivative works of the API;
e) reproduce the API;
f) attempt or permit any third party to attempt to modify, alter, or circumvent the license control and protection mechanisms within the API;
g) use or transmit the API in violation of any applicable law, rule or regulation, including any export/import laws;
h) use or transmit the API in a manner that causes or contributes to, directly or indirectly, the degradation of the API service, this website or App or in a manner determined by GDG, in its absolute and sole discretion, as abusive of the API service; or,
i) in any way access, use, or copy any portion of the API code (including the logic and/or architecture thereof and any trade secrets included therein) to directly or indirectly develop, promote, distribute, sell or support any product or service that is competitive with the API.
12.2 GDG shall retain all ownership rights in and to the API, its associated marks, functionality, documentation, deliverables, support services, updates, upgrades, other derivative works of the API and all intellectual property rights incorporated into or related to the foregoing. All rights not expressly licensed by GDG under this Agreement are reserved.
13 ACCOUNT LOCK FEATURE
13.1 You may request GDG to enable on Your account enhanced security features ("Account Lock Feature") intended to assist You with preventing the theft or hijacking of Your account and Your domain name(s).
13.2 To enable Account Lock Feature:
a) You shall provide GDG, at Your sole expense, with the number of Your mobile telephone device;
b) Your mobile telephone device must be capable of text messaging;
c) You shall verify Your mobile telephone device as required by GDG; and,
d) You shall pay GDG's fees applicable to the verification process.
13.3 To disable Account Lock Feature, You shall follow the verification process required by GDG.
13.4 You shall be solely responsible for any third-party fees arising out of Your verification of Your mobile telephone device.
14 TLD-SPECIFIC RULES
14.1 You understand and agree that any Service may be, wholly or partially, limited by the policies of the registry and the registry operator of the respective domain name.
14.2 Subject to section 14.3 below, if You register or gain control of, directly or indirectly, a domain name of a top-level domain listed under Appendix A (Additional TLD Rules), then You agree to the additional terms and conditions applicable to a registrant of the respective top-level domain as specified under Appendix A (Additional TLD Rules) and all applicable exhibits, as well as all other terms, conditions, operational standards, policies, procedures and practices of the respective registry and registry operator.
14.3 Notwithstanding anything to the contrary herein, none of the additional terms and conditions referred to under section 14.2 above shall be deemed legally binding on GDG or create any obligation on behalf of GDG. This clause shall survive the termination of this Agreement.
14.4 If You register or gain control of, directly or indirectly, a domain name of a .CA top-level domain, then You acknowledge and agree that the registrar of the respective domain shall be deemed to be 8648255 Canada Ltd., a Canadian corporation certified to act as a registrar of the .CA registry in accordance with its registrar agreement with the Canadian Internet Registration Authority.
14.5 You shall, within thirty days of demand from the respective party, indemnify, defend and hold harmless the respective registry and registry operator of a domain name, as well as their respective affiliates, subsidiaries, owners, directors, managers, officers, employees, contractors, service providers and agents, from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses and including on appeal) arising out of or relating in any way to:
a) Your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration; and,
b) Your use of a second level domain.
14.6 You understand and agree that, where required by the respective registry or registry operator:
a) the registration fee of a domain name shall be subject to the variable pricing applicable to the registry operator's standard domain names and premium domain names;
b) the renewal fee of a domain name may differ from the renewal fee of other domain names in the same or other category of top-level domains; and,
c) the registry and the registry operator may periodically conduct technical analysis to assess whether Your domain name is used to perpetrate security threats, such as pharming, phishing, malware, and botnets.
14.7 You understand and agree that the registry or the registry operator of a domain name may, but is not obligated to, reject the registration of the respective domain name, delete, revoke, suspend, reject, cancel or transfer Your domain name and Your Pre-Order and place Your domain name on registry lock, hold or similar status, in its absolute and sole discretion, for any of the following reasons:
a) to enforce registry policies, ICANN Rules and other polices adopted by any industry group generally recognized as authoritative with respect to the integrity and stability of the internet;
b) where the respective domain's registration or Pre-Order was not accompanied by complete and accurate information, or where required information is not updated or corrected in accordance with registry policies or ICANN Rules;
c) to protect the integrity and stability of the registry operator's and registry's operations;
d) to comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court, administrative authority or dispute resolution service provider;
e) to establish, assert, or defend the legal rights of the registry, registry operator or a third party, or to avoid any actual or potential civil or criminal liability on the part of or damage to the registry operator or its affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders;
f) to correct mistakes made by the registry operator, the registry or any registrar in connection with the respective registration or Pre-Order;
g) with respect to a Pre-Order, where the registry operator or registry receives notice that the respective signed mark data file is under dispute; and,
h) as otherwise provided in this Agreement and the agreement between GDG and the respective registry or registry operator.
Protecting our customers' privacy and personal information is of paramount importance and fundamental to the way GDG does business.
2 DATA PROTECTION OFFICER
Data Protection Officer
3 IDENTIFYING PURPOSE
3.1 GDG identifies the reasons for processing personal data before or at the time of collection. Unless required by law, GDG does not use or disclose, for any new purpose, personal data that has been processed without first identifying and documenting the purpose and obtaining Your consent.
3.2 GDG may process the following information about You ("Processed Information"): registration data about the registered name holder, Google referral sources, page visits, address, name, password, phone number, IP address, domain searches and associated TLD rankings, single sign-on (Open ID), forum views and posts, chats, account creation, order placement, form submissions, how you heard about us, payment information, call start and duration, referring page, referral landing page, birthdate, and security questions and answers. If You use the App, Processed Information shall include partial geographic location information, ID of Your device, phone camera permissions and mobile phone photo gallery permissions.
3.3 The purposes for processing Processed Information include, but are not limited to: troubleshooting errors, abuse detection, targeted marketing, localizing data, site and usage statistics, communication with You, account creation, collection of registration data, provisioning of Services, provisioning of Services via the App, compliance with ICANN requirements, transfer of registration data to registry, registry operator, registry operator back-end service, data escrow agent, ICANN contractual compliance, emergency back-end registry operator, public RDDS/WHOIS, transfer of payment data to payment processor and address verifier, ACH Payments Provider, transfer of phone number to text message processor, disclosure of non-public RDDS/WHOIS to third parties, ICANN and registry data retention requirements, to comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court, administrative authority or dispute resolution service provider, and to establish, assert, or defend our legal rights, to avoid any actual or potential civil or criminal liability on our part and our affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders.
3.4 You understand and agree that the processing of Processed Information is required for the provisioning of Services and for compliance with ICANN and registry requirements.
4 RIGHTS TO ACCESS, RECTIFICATION & PROCESSING RESTRICTION
4.1 You may request and obtain from GDG's data protection officer confirmation as to whether or not personal data concerning You is being processed by GDG and, where that is the case, the following:
a) access to the personal data;
b) the purposes of the processing;
c) the categories of personal data concerned;
d) the recipients or categories of recipient to whom the personal data have been or will be disclosed;
e) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
f) where the personal data are not collected from You, any information available to GDG as to their source;
g) where personal data are transferred to a third country or to an international organisation, information respecting safeguards relating to the transfer; and,
h) the existence of any automated decision-making, profiling, meaningful information about the logic involved and the significance and the envisaged consequences of such processing for You.
4.2 You may request GDG's data protection officer to restrict the processing of or to rectify personal data concerning You. GDG may refrain from complying with any portion of such request where such compliance would undermine GDG's ability to establish, exercise or defend legal claims or conflict with GDG's reasonable grounds for processing which override Your interests, rights and freedoms.
4.4 Notwithstanding anything to the contrary herein, GDG may refrain from complying with any requirements of this Section 4 (Rights to Access, Rectification & Processing Restriction) where GDG is unable to reasonably determine Your identity.
4.5 GDG may refrain from complying with any successive access request(s) under this Section 4 (Rights to Access, Rectification & Processing Restriction) until You pay GDG's reasonable fee(s) for same.
5 RIGHT TO PORTABILITY
6 RIGHT TO ERASURE
6.1 GDG shall maintain reasonable controls and practices for retention and erasure of personal data that is no longer necessary or relevant for the identified purposes or required by law to be retained.
6.2 You may request GDG's data protection officer to erase personal data concerning You. GDG shall comply with such a request where:
a) the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
b) You withdraw consent on which the processing is based and where there is no other legal ground for the processing;
c) You object to the processing and there are no overriding legitimate grounds for the processing;
d) the personal data have been unlawfully processed; or,
e) the personal data have been collected in relation to the offer of information society services to a child.
6.3 Notwithstanding anything to the contrary herein, GDG may refrain from complying with any requirements of this Section 6 (Right to Erasure) where such compliance:
a) undermines GDG's ability to establish, exercise or defend legal claims;
b) conflicts with GDG's reasonable grounds for processing which override Your interests, rights and freedoms;
c) undermines an individual's right of freedom of expression and information;
d) undermines archiving in the public interest, statistical purposes, or for scientific or historical research; or,
e) undermines GDG's compliance with a legal obligation.
7.1 GDG shall protect personal data against such risks as loss, misuse, unauthorized access or disclosure, alteration, or destruction through appropriate security measures. GDG shall protect the information regardless of the format in which it is held.
MARKETPLACE NETWORK PARTNERS
1.1 This Part III (Marketplace Network Partners) applies to any person or entity which accesses, uses or seeks to access or use GDG's Services in conjunction with Afternic services, Sedo services or Uni Market services (each a "Marketplace Network Partner's Services").
2.1 Subject to section 2.2 below, if You register or gain control of, directly or indirectly, a domain name utilizing any Marketplace Network Partner's Services or if Your domain name utilizes any Marketplace Network Partner's Services, then You agree to the additional terms and conditions in the service agreement of the respective third-party (Afternic, Sedo or Uni Market, as applicable).
2.2 Notwithstanding anything to the contrary herein, none of the additional terms and conditions referred to under section 2.1 above shall be deemed legally binding on GDG or create any obligation on behalf of GDG. This clause shall survive the termination of this Agreement.
2.3 A domain name utilizing any Marketplace Network Partner's Services may lose every transfer lock status.
2.4 You expressly appoint GDG as Your and Your customer's Designated Agent to approve any Change of Registrant request with respect to a domain name utilizing a Marketplace Network Partner's Services.
2.5 No Marketplace Network Partner's Services shall be available with respect to a domain name:
a) During its Post-Expiration Period;
b) During its Deletion Period;
c) At any time when the domain name's registration period expired or was flagged for deletion;
d) Subsequent to the domain name's transfer to another registrar or account; and,
e) If GDG determines, in its sole and absolute discretion, that You breached any term of this Agreement or that Your account was used in connection with any Objectionable Use Activity.
2.6 A domain sold in accordance with a Marketplace Network Partner's Services may be transferred to the respective buyer forthwith.
ADDITIONAL TLD RULES
1 REGISTRANT IS NOT A RESTRICTED PERSON
1.1 Neither You nor Your agent shall seek to register or gain control of, directly or indirectly, a domain name of a top-level domain to which this Exhibit 01 (Donuts Binky Moon TLDs) applies (as provided for under Appendix A (Additional TLD Rules)) if You are person or entity:
a) that is, or is owned or controlled by a person or entity that is, designated on sanctions list maintained by the United Nations or United States (including without limitation the U.S. Department of the Treasury Office of Foreign Assets Control); or,
b) located in or organized under the laws of a jurisdiction that is subject to comprehensive U.S. sanctions.
2 .ARMY, .NAVY & .AIRFORCE TLDS
2.1 If You register or gain control of, directly or indirectly, a domain name of a .ARMY, .NAVY or .AIRFORCE top-level domain, then You agree:
a) to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures;
b) to implement reasonable and appropriate security measures commensurate with the offering to collect and maintain sensitive health and financial data, as defined by applicable law;
c) to provide administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or industry self-regulatory, bodies in their main place of business;
d) to represent that You possess any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such top-level domain;
e) to report any material changes to the validity of Your authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the top-level domain to ensure You continue to conform to the appropriate regulations and licensing requirements and generally conduct Your activities in the interests of the consumers You serve; and,
f) to take steps to ensure against misrepresenting or falsely implying that You or Your business are affiliated with, sponsored or endorsed by one or more country's or government's military forces if such affiliation, sponsorship or endorsement does not exist.
3 .TRAVEL TLD
3.1 Neither You nor Your agent should seek to register or gain control of, directly or indirectly, a domain name of a .TRAVEL top-level domain unless You engage in or plan to engage in activities related to travel.
4 DPML USE
4.1 Neither You nor Your agent shall seek to, directly or indirectly, submit an application for a DPML Block or modify any DPML Block unless You agree:
a) to participate in good faith in any proceedings commenced by or against the applicant or holder of a DPML Block as required by the respective registry or registry operator;
b) that the respective registry operator and its agents are authorized to share information relating to You and Your application for a DPML Block; and,
c) to participate in and abide by any determinations made as part the registry operator's dispute resolution procedures, including without limitation the AAP, the URS, and the UDRP.
5.1 You understand and agree that aggregate liability of a registry and registry operator for damages to You shall in any case be limited to the amounts specified in the respective agreement between GDG and the registry (or registry operator). You further agree to submit to a binding arbitration for disputes with any registry and registry operator.