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BRS MEDIA .AM DOMAIN NAME REGISTRATION
TERMS & CONDITIONS
(effective April 1, 2000. Revised June 1, 2013)
1. By registration of your domain name on the Internet, the
registrar, AM Hostmaster, and Armenia Network Information Center (ANIC),
are accepting in good faith that you have the right to use such name. AM
Hostmaster/ANIC will revoke domain if it is proved that the domain is
being used to spam and/or otherwise used for any illegal or
inappropriate purposes. In this case, registration fee will not be
refunded. Applications for "too generic" domain names may be
refused. Widely known trademarks or names may be registered by their
owners only. AM Hostmaster/ANIC's function in registering names on the
Internet is to assure that the name does not conflict with any other
name in the name space requested. Geographical names, widely known
acronyms and abbreviations, generic terms normally may not be registered
as a domain name; however, in certain circumstances, when the registrant
provides adequate documentary evidence that he/she has a right to the
domain name in question, AM Hostmaster/ANIC may, at it's discretion
register such domain name. However, the ANIC reserves the right to
revoke the registered domain name if it is proved that the provided
information / documents are not true, truthful, and complete.
2. The user by your registration and use of the name and/or your
continued use of an existing name, agrees, as part of your request for
name registration, to indemnify and hold harmless from any and all
costs, fees, expenses arising from litigation involving trademark, trade
name, service mark, and any other name infringements, or other reasons,
the registrar and the ANIC.
3. The party requesting registration of this name certifies that
to her/his knowledge, the use of this name does not violate trademark or
other statutes.
4. Registering a domain name does not confer any legal rights to
that name and any disputes between parties over the rights to use a
particular name are to be settled between the contending parties using
normal legal methods. Provision of false Whois information can be
grounds for cancellation of the domain name registration with no refund
of registration fee(s).
5. The content(s) of any Web site(s) or page(s), or any other
system used for distribution of information, including but not limited
to the textual, audio, video, still images, computer programs, etc.
should not violate the laws of the Republic of Armenia or applicable
international treaties or conventions.
6. The exclusive place of jurisdiction is the city of Yerevan,
Republic of Armenia. At all times the provision of all services shall be
subject to the laws of Armenia and applicable international treaties.
The party requesting registration of this name certifies that such
registered domain will not be used for any illegal or unethical purpose
under any circumstances in any country. Should the party requesting
registration or the de jure or de facto owner or operator of domain use
the domain for any illegal purposes stated above the Registrar reserves
the right to suspend and/or revoke the registration.
7. BRS Media, Inc. does not determine
the legality of the domain name registration, or otherwise evaluate
whether that registration or use may infringe upon the rights of a third
party.
8. Responsibility. The entity applying for a domain name
("registrant") is solely responsible for selecting its own
domain name ("domain name") and maintaining for the continued
accuracy of the registration record. The registrant, by completing and
submitting the dotAM Domain Name Registration Agreement
("Registration Agreement"), represents that the statements in
its application are true and that the registration of the selected
domain name, to the best of the registrant's knowledge, does not
interfere with or infringe upon the rights of any third party. The
registrant also represents that the domain name is not being registered
for any unlawful purpose.
9. Disputes. The dotAM Registry has adopted the Uniform Dispute
Resolution Policy (UDRP) (www.icann.org/udrp)
for all .AM Domain Name registrations. Trademark owners can choose to
file a complaint with an authorized domain dispute resolution provider(s).
The UDRP Policy explains what trademark owners have to prove in order to
take a domain name away from the current holder, as well as what domain
name holders can use to show that they should be allowed to keep the
domain registration. The UDRP Rules outline the actual process for
filing a complaint (if you are a trademark owner) and for responding to
a complaint (if you are the domain name holder). The registration of any
Domain Name(s) shall be subject to suspension, cancellation, or transfer
pursuant to any decision under the UDRP.
The Registry has authorized the following Domain Dispute Resolution
Provider(s) that can be approached under this policy:
WIPO
- Dispute Proceedings/Decisions:
http://www.wipo.int/amc/en/domains/search/
- Dispute Policy and Procedural Rules:
http://www.wipo.int/amc/en/domains/rules/
- Guide:
http://www.wipo.int/amc/en/domains/guide/
Disputes concerning or arising out of the registration and use of .AM
domain names brought by trademark owners may be resolved in accordance
with the Uniform Domain Name Dispute Resolution Policy (UDRP) and filed
with the World Intellectual Property Organization (WIPO).
BRS Media, Inc. neither acts as arbiter nor provides resolution
of disputes between registrants and third party complainants arising out
of the registration or use of a domain name. Registrant agrees, as a
condition to submitting the dotAM Domain Name Registration Agreement,
that the Registrant shall be bound by BRS Media, Inc.'s current Terms &
Conditions.
10. Terms & Conditions Modification(s). Registrant agrees
that BRS Media, Inc., in it's sole discretion, may change or modify these Terms
& Conditions at any time. Registrant agrees that Registrant's
maintaining the registration of a dotAM domain name after changes or modification(s) to the Terms & Conditions become effective
constitutes Registrant's continued acceptance of these changes or
modification(s). BRS Media, Inc. will post the revised Terms & Conditions
at http://www.dot.am
at least thirty (30) calendar days before it becomes effective.
Registrant agrees that if Registrant considers any such changes or
modification(s) to be unacceptable, Registrant may request that the
dotAM domain name be deleted from the domain name database.
11. Change of Registrant / Trade.
A change of registrant requires a "Trade". Changing a registrant of a
.AM domain is referred to as a "Trade". A trade transfers the ownership
of a domain name from one Registrant (Holder/Owner of a domain name) to
another. The trade is a manual process and requires an LOA from the
current registrant. The cost to process a trade equals a registration
fee and upon completion of a "Trade" a new registration period will
begin. Which means that your expiration date will change to reflect
when the domain was traded and your domain would expire one year from
that date.
12. Transfer. Transferring or 'moving' a domain from one registrar
to another requires a "Transfer". The transfer is a manual process and
requires an LOA from the current registrant. The transfer request can
take up to 14 days to process and one or both registrars may charge a
transfer fee (Ask your registrar if you have questions about fees).
Upon completion of a "Transfer" your expiration date will NOT change.
13. Indemnity. The registrant hereby agrees to defend, indemnify
and hold harmless (i) BRS Media, Inc., its officers, directors, employees and
agents, for any loss or damages awarded by a court of competent
jurisdiction resulting from any claim, action, or demand arising out of
or related to the registration or use of the domain name. Such claims
shall include, without limitation, those based upon trademark or service
mark infringement, trade name infringement, dilution, tortuous
interference with contract or prospective business advantage, unfair
competition, defamation or injury to business reputation.
14. The registrant agrees that BRS Media, Inc. (and/or) ANIC shall have
the right in its sole discretion to revoke, suspend, transfer or
otherwise modify a domain name registration upon thirty (30) calendar
days prior written notice.
15. Notices. All notices between BRS Media, Inc. and its registrants
permitted or required under these Terms & Conditions shall be in
writing and shall be delivered by personal delivery, courier delivery,
facsimile transmission, electronic mail, and/or by first class mail, and
shall be deemed given upon delivery, transmission, or seven (7) calendar
days after deposit in the mail, whichever occurs first. Initial notices
shall be sent to the domain name registrant at the address of the domain
name registrant listed in BRS Media, Inc.'s dotAM domain database.
16. DISCLAIMER. THE REGISTRANT AGREES THAT BRS MEDIA WILL NOT BE
LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF REGISTRANT'S dotAM DOMAIN
NAME, OR FOR INTERRUPTION OF BUSINESS, OR 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 BRS MEDIA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BRS MEDIA'S
MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
17. These Terms & Conditions, as amended, and the current dotAM Domain Name Registration Agreement together constitute the
complete and exclusive agreement between BRS Media, Inc. and the registrant,
and supersede and govern all prior proposals, agreements, or other
communications. The registrant agrees that registration of a domain name
constitutes an agreement to be bound by these Terms & Conditions, as
amended from time to time.
Terms and conditions for the registration of an Internet domain name in AM TLD
Juridical or physical person registering a domain in .AM zone
(registrant) is obliged to abide by “The Law of the Republic of
Armenia on Trademarks” in
Chapter 2 and by “The Law of the Republic of Armenia on Geographical Indications”
in Chapter 4
(see below).
The Law of the Republic of Armenia on Trademarks
“Chapter 2 - Legal protection of trademarks
Article 12. Exclusive Right to the Trademark
.....
2. The proprietor of the trademark may, in accordance with paragraph
1 of this Article, prevent third parties from taking the following
actions:
.....
(5) using the sign on the Internet or on other global computer
telecommunication networks, in particular by any modes of addressing,
including Internet domains; “
The Law of the Republic of Armenia on Geographical Indications
“Chapter 4: Appeal against the decisions.
Contradiction with other rights. Supervision
Article 36. Contradiction with domain name
1. If the geographical indication, designation of origin or
guaranteed traditional product is protected in accordance with this Law,
then the registration of any domain name, which use corresponds
to one of the situations described in Articles 14 and 15 of this Law,
shall be recognized invalid, where the registration of domain name
took place after launching the protection of geographical indication,
designation of origin or guaranteed traditional product.
2. In situations corresponding to one of those described in Articles 14
or 15 of this Law, the use of domain name, which was
appropriately registered before the date when the protection of
geographical indication, designation of origin or guaranteed traditional
product started, can co-exist with the registered geographical
indication, designation of origin or guaranteed traditional product,
provided there are no legislative grounds for recognizing the
registration of the domain name as invalid or nullified.”
Correspondence to the mentioned laws is the sole
responsibility of a Registrant. The Registrar and the Registry are not
liable or responsible in any way for infringement of the abovementioned
laws.
Disputes concerning or arising out of the registration
and use of .AM domain names brought by trademark owners may be resolved
in accordance with the Uniform Domain Name Dispute Resolution Policy (UDRP)
and filed with the World Intellectual Property Organization (WIPO) (http://www.wipo.int/amc/en/domains/guide/).
For the adjudication of disputes concerning or arising
out of the registration and use of .AM domain names, including any
challenges to a decision under the UDRP, a .AM registrant can submit to
the jurisdiction of the courts of Armenia. However, even in this case
the WIPO decision (UDRP) may play a decisive role in the final decision
of the court.
AM TLD Policy
By registration of a domain name on the Internet the
registrar, ISOC AM, and Armenia Network Information Center (AM NIC) are
accepting in good faith that the registrant have the right to use such
name. We can revoke a domain if it is proved that the domain is being
used for spreading spam and/or any illegal or inappropriate purposes (to
stir up an international, ethnic, religious discord, to abet in
international terrorism, to promote violence, to boost up pornography,
to support trafficking).
Since August 01, 2009, a working group discusses all
complaints for suchlike issues, suggests decisions, which come into
force by resolution of the Council of ISOC AM.
Applications for "too generic" domain names may be
refused.
Domain names considered by the Registry as having
national value and included in the reservation list can be provided only
by a decision of the Council of ISOC AM.
Geographical names and country names, widely known
acronyms and abbreviations, local brand names may not be registered as a
domain name; however, in certain circumstances, when the registrant
provides adequate documentary evidence that he/she has a right to the
domain name in question, AM NIC may register such domain name.
Our function in registering names on the Internet is
to assure that the name does not conflict with any other name in the
name space.
AM NIC reserves the right to revoke the registered
domain name if it is proved that the provided information/documents are
not true, truthful, and/or complete.
The user by registration and use of the name and/or
continued use of an existing name, agrees, as part of his request for
name registration, to indemnify and hold harmless from any and all
costs, fees, expenses arising from litigation involving trademark, trade
name, service mark, and any other name infringements, or other reasons,
the registrar and the Armenia Network Information Center.
The party requesting registration of a name certifies
that to her/his knowledge, the use of the name does not violate
trademark or other statutes.
Registering a domain name does not confer any legal
rights to that name and any disputes between parties over the rights to
use a particular name are to be settled between the contending parties
using normal legal methods.
A registrant who applied online for several domain
names but failed to pay for them is deprived of rights of online
registration and can do that only by signing a contract with a
Registrar.
The content(s) of any Web site(s) or page(s), or any
other system used for distribution of information, including but not
limited to the textual, audio, video, still images, computer programs,
etc. should not violate the laws of the Republic of Armenia or
applicable international treaties or conventions.
The exclusive place of jurisdiction is the territory
of the of Armenia.
At all times the provision of all services shall be
subject to the laws of the Republic of Armenia and applicable
international treaties.
The party requesting registration of the name
certifies that such registered domain will not be used for any illegal
or unethical purpose under any circumstances in any country. Should the
party requesting registration or the de jure or de facto owner or
operator of domain use the domain for any illegal purposes stated above
AM NIC reserves the right to suspend the domain name and/or revoke the
registration by the decision of the Council of ISOC AM.
Domain Name Registration Agreement
Terms and conditions for the registration of an Internet domain name in
AM TLD
1. Definitions.
1.1 Administrative Contact means the person or organization responsible
for a Domain Name and to whom all enquiries relating to the Domain Name
may be sent.
1.2 Billing Contact means the person or organization responsible for
making any payments due under this Registration Agreement to the
Registrar.
1.3 Domain Name means the domain name assigned by the Registrar to the
Registrant.
1.4 Domain Name Application means the form published by the Registry for
the purposes of soliciting information from persons or entities seeking
to register an Internet domain name, which can be found on the World
Wide Web at http://www.amnic.net.
1.5 Domain Rules means the Registry Rules for the Domain and Sub-Domain
and published on the World Wide Web at http://www.amnic.net.
1.6 Dispute Policy means the Dispute Resolution Policy for Domain Names
registered with the Registrar, and published on the World Wide Web at
http://www.icann.org/udrp.
1.7 Registration Agreement shall mean the:
(i) Domain Name Registration Application Form;
(ii) Terms and Conditions for the Registration of an Internet
Domain Name;
(iii) Registry's Rules for the Domain and Sub-Domain;
(iv) Dispute Resolution Policy for Domain Names registered with
the Registrar.
1.8 Registrant means
(i) the person(s) seeking the registration of a domain name;
(ii) the registered keeper to whom a domain name has been
allocated and entered into the Registry;
(iii) the registered keeper of the e-mail address of the
Administrative Contact.
1.9 Registrar means ISP accredited by ISOC AM to be Registrar.
1.10 Registration means all information supplied by the Registrant
and contained within a Registrar data record.
1.11 Registration Fee means the fee specified in the registration
rules at www.amnic.net to be paid in connection with an application to
register a domain name.
1.12 Registry means a database containing the zone file(s) of one or
more Internet domain names, including lower-level domain names,
corresponding Internet Protocol addresses and related data.
1.13 Registry Administrator means the person or entity responsible
for administering a Registry.
1.14 Renewal Fee means the fee specified in the registration rules at
www.amnic.net to be paid in connection with the renewal of a domain name
registration.
1.15 Terms and Conditions means the Registry's terms and conditions
governing the registration and use of a domain name registered with the
Registrar and published on the World Wide Web at www.amnic.net.
1.16 Tradename means a name used in the course of trade and by way of
business.
1.17 Transferee means a person or body to whom the Domain Name is
assigned.
2. Scope
2.1 These Terms and Conditions shall apply to any application to
register an Internet domain name with Registrars and the subsequent
registration and use, direct or indirect, of the Domain Name.
2.2 By completing and submitting a Domain Name Application for
consideration and acceptance by the Registry, the Registrant
acknowledges that he has read the Terms and Conditions.
2.3 In the event that a domain name is registered in the Registry's
domain name database and assigned to the Registrant, the Registrant
agrees to be bound by the Terms and Conditions.
2.4 Domain name registration agreement and registration conditions and
terms as well as fees are the same for all Registrars. The agreement is
submitted at the first step of registration performed by the Registry
without selecting a Registrar. Registrant selects a Registrar at the
second step of registration after confirmation of the domain name
acceptance by the Registry. After that the Registrant is provided the
list of Registrars to choose from. Before choosing a Registrar the
Registrant may visit their web sites and make a conclusion. Registrars
are the most qualified and reliable ISP's operating in Armenia. Choosing
a Registrar means that the agreement is signed with him and all further
negotiations are to be made with him.
2.5 If the Renewal Fee is not timely paid the Domain is freezed for two
(2) weeks after the payment expiration date. After additional two (2)
weeks the Domain is considered free for new registration.
3. Fees and Payments.
3.1 As consideration for the registration of the Domain Name with
the Registrar, the Registrant agrees to pay the Registration Fee and,
when applicable, the Renewal Fee.
3.2 Receipt of the Registration Fee by the Registrar, or the Registrar's
duly appointed agent, constitutes confirmation of the Registrant's
acceptance of these Terms and Conditions.
3.3 The Registrar has no obligation to activate a Domain Name
unless and until it has received payment of the Registration Fee or
Renewal Fee, as the case may be.
3.4 Except as specified herein, all payments made in connection with the
registration of the Domain Name, or the renewal of the Domain Name
registration, shall be non-refundable.
3.5 The Renewal Fee covers a period of one (1) year for each
renewal, and includes any permitted modification(s) to the Domain Name's
record during the covered period. At the conclusion of such
registration period(s), as the case may be, failure by or on behalf of
the Registrant to pay the Renewal Fee within the time specified in a
second notice or reminder results in cancellation of the Domain Name
registration.
3.6 In the event that the Registrant uses an agent for the purposes of
making any required payments, the Registrar first seeks payment from the
agent. In the event that the agent fails to make such payment, for
whatever reason, the Registrar has the right to recover the payment from
the Registrant.
3.7 Payment of the Registration Fee or the Renewal Fee, as the case
may be, shall be made to the Registrar within thirty (30) days.
3.8 The Registration Fee and the Renewal Fee, as the case may be,
shall be paid by such means and methods as may be specified from time to
time by the Registry/Registrar.
4. Accuracy of Information.
4.1 For the purposes of applying to register the Domain Name, the
Registrant shall provide the information requested in the Domain Name
Application. The Registrar takes reasonable precautions to protect all
such information from loss, misuse, unauthorized access or disclosure,
alteration or destruction.
4.2 By applying to register a Domain Name, the Registrant represents and
warrants that, to the best of the Registrant's knowledge and belief, any
information provided in the Domain Name Application is true and correct.
4.3 The Registrant represents and warrants that any future changes
to the information provided in the Domain Name Application required to
maintain its accuracy shall be provided to the Registrar in an
expeditious manner in accordance with the domain name modification
procedures in place at that time.
4.4 The Registrar has no obligation to screen information submitted
by the Registrant to determine the accuracy of the information held by
the Registrar nor to determine whether the information may infringe upon
the right(s) of a third party, but rely on the representations and
warranties provided by the Registrant. The Registrant agrees that, by
the registration of the Domain Name, such registration does not confer
immunity from objection to either the registration or use of the Domain
Name by any party.
4.5 The Registrar reserves the right to cancel the Domain Name if
this Registration Agreement, or subsequent modification(s) thereto,
contains false or misleading information, or conceals or omits any
information the Registrar would likely have considered material to its
decision to accept the Domain Name Application and assign the Domain
Name to the Registrant.
4.6 A Registrant's willful provision of inaccurate or unreliable
information, its willful failure promptly to update information provided
to the Registrar, or its failure to respond for over fifteen (15)
calendar days to inquiries by the Registrar concerning the accuracy of
contact details associated with the Domain Name shall constitute a
material breach of the Registration Agreement and shall be a basis for
cancellation of the registration of the Domain Name.
4.7 The Registrar's remedies against the Registrant for any breach
of this clause shall continue to be available notwithstanding any
modification, surrender, cancellation or transfer of the registration of
the Domain Name.
4.8 The Registrant represents and warrants that it has exercised
its best efforts to determine that neither the registration of the
Domain Name nor the manner in which it will be directly or indirectly
used shall infringe upon or otherwise violate the legal rights of any
third party.
4.9 The Registrant represents and warrants that, to the best of the
Registrant's knowledge, the registration and use, direct and indirect,
of the Domain Name does not violate any applicable laws or regulations.
4.10 In the event the Registrant licenses the use of the Domain Name
to a third party, the Registrant nonetheless continues to be considered
the holder of record of the Domain Name and shall be responsible for
(i) providing its own full contact information;
(ii) providing full contact information for its licensee;
(iii) providing and updating accurate technical, administrative,
and other contact information adequate to facilitate timely resolution
of any problems that may arise in connection with the Domain Name.
4.11 The Registrar shall, upon notification by any person of an
inaccuracy in the information provided in the Domain Name Application,
take reasonable steps to investigate that claimed inaccuracy. In the
event the Registrar ascertains that inaccurate information has been
provided, it shall take reasonable steps to correct any such inaccuracy.
5. Acceptance.
The Registration Agreement shall be deemed accepted at the offices of
the Registrar following the receipt of all payments by the Registrar.
6. Confidentiality.
6.1 By submitting the Domain Name Application and in the event that the
Domain Name is registered, the Registrant, the Registrant's agent (where
applicable) and the Billing Contact hereby give their consent to the
inclusion of their names, contact details and other details relating to
the registration of the Domain Name in the Registry.
6.2 The Registry allows other organizations and members of the
public to access any information provided by the Registrant in
connection with the Domain Name for the purpose of obtaining information
about the registration of the Domain Name or any other related purpose.
6.3 The Registrant or the Registrant's agent, as the case may be,
shall expressly obtain the consent of third party individuals whose
personal data is to be held in the Registry and if such consent is
withheld or withdrawn then the agent shall immediately terminate the
registration.
7. Domain Name Rules.
The Registry is processing the application and consider whether to
accept or reject it in accordance with the terms of the Registration
Agreement, which shall include the criteria laid down in the Registry's
Domain Rules in force at the time of the application for registration,
transfer or renewal.
8. First Come, First Served.
The Registry registers domain names on a first come, first served basis
except the list of reserved Domain Names. (The Registry reserves some
generic names having national value). The Registrant agrees not to
take any steps in reliance upon the prospective registration of a domain
name before it becomes a registration entered in the Register of Domain
Names.
9. Right of Refusal.
9.1 The Registry, in its sole and absolute discretion, reserves the
right to refuse to register a domain name (see above).
9.2 The Registrant agrees that the submission of an application to
register a domain name does not in any way obligate the Registry.
9.3 The Registrant agrees that the Registry shall not be liable for
loss or damages that may result from the Registry's refusal to accept an
application by the Registrant to register a domain name.
9.4 In the event an application is not accepted, the Registry undertakes
to notify promptly the Registrant or the Registrant's agent and return
any payments received.
10. Dispute Policy.
In the event that the Domain Name is registered, the Registrant agrees
to be bound by the Dispute Policy, which is incorporated herein by
reference and made a part hereof. The version of the Dispute Policy
currently in effect can be found at: http://www.icann.org/udrp.
11. Third Party Complaints.
The Registrant agrees that any dispute arising out of or in connection
with the use of the Domain Name or any other listing information shall
be subject to the provisions specified in the Dispute Policy.
12. Agents.
12.1 Registrant agrees that if this Registration Agreement is
completed by an agent for the Registrant, such as an ISP or
Administrative Contact/Agent, the Registrant is nonetheless bound as a
principal by all terms and conditions herein, including the Dispute
Resolution Policy.
12.2 The acceptance of these terms and conditions by any agent for
the Registrant (whether by e-mail or other means) shall bind such agent
as if he were a principal to the Registration Agreement.
13. Breach.
The Registrant agrees that failure to abide by any provision of this
Registration Agreement or the Dispute Policy may be considered by the
Registrar to be a material breach and that the Registrar may provide a
written notice, describing the breach, to the Registrant. If,
within thirty (30) days of the date of mailing such notice, the
Registrant fails to provide evidence, which is reasonably satisfactory
to the Registrar that it has not breached its obligations, then the
Registrar may delete Registrant's registration of the Domain Name.
Any such breach by a Registrant shall not be deemed to be excused simply
because the Registrar did not act earlier in response to that, or any
other, breach by the Registrant.
14. Cancellations, Transfers, and Changes.
14.1 The Registrar reserves the right to cancel, transfer or
otherwise make changes to domain name registrations under the following
circumstances:
(i) the Registrar's receipt of written or appropriate electronic
instructions from the Registrant or the Registrant's agent to take such
action;
(ii) the Registrar's receipt of an order from a court or arbitral
tribunal, in each case of competent jurisdiction, requiring such action;
(iii) the Registrar's receipt of a decision of an Administrative
Panel requiring such action in any administrative proceeding to which
the Registrant was a party pursuant to the Dispute Policy; and/or
(iv) to comply with the resolution of a dispute concerning a
domain name registered by the Registrant under another registrar's
domain name dispute resolution policy that is identical to the Dispute
Policy in all material respects.
14.2 In the event of a material breach by the Registrant of any
provision of the Registration Agreement, the Registrar, in its sole and
absolute discretion, shall have the right to cancel the Domain Name
registration, without any refund entitlements for the Registrant and
without prejudice to any other remedies to which the Registrar may be
entitled.
14.3 The Registrar also reserves the right to cancel, transfer or
otherwise make changes to the Domain Name registration in accordance
with other legal requirements.
15. Limitation of Liability.
15.1 The Registrant agrees that the Registry/Registrar shall have no
liability to the Registrant for any loss or damages:
(i) in connection with the Registry/Registrar's processing of
the Domain Name Application; or
(ii) in connection with the Registry/Registrar's processing of
any authorized modification to the Domain Name record during the period
of any registration; or
(iii) resulting from the refusal of the Registry/Registrar to
accept any application for registration (save to refund any fee paid by
the Registrant to the Registrar); or
(iv) as the result of any failure on the part of the Registrant's
agent to pay either the Registration Fee or the Renewal Fee; or
(v) as a result of the application of the Dispute Policy.
15.2 The Registrant agrees that in no circumstances shall the
Registrar be liable for any loss of profit, loss of business or
anticipated savings suffered by the Registrant howsoever incurred.
15.3 The Registrant agrees that the Registry/Registrar shall not be
liable for any loss of registration or loss of use of the Domain Name,
or for interruption of business, or any indirect, special, incidental or
consequential losses of any kind (including lost profits) whether in
contract, tort (including negligence) or otherwise.
15.4 Without prejudice to the foregoing the Registrant agrees that
any liability of the Registrar to the Registrant shall not exceed 50% of
the Registration or Renewal Fees paid by the Registrant to the Registrar
for the current period of registration.
15.5 The Registrant agrees that it is technically impracticable to
provide services free of faults and the Registrar does not undertake to
do so.
16. Indemnity.
16.1 The Registrant shall hold the Registrar and any of its
directors, officers, employees and agents harmless from any claim by a
third party arising out of or in connection with (i) the registration or
use of a domain name or any other listing information, or (ii) the
implementation by the Registrar of any order or decision referred to the
Dispute Policy. Such claims shall include, without limitation,
those based upon intellectual property trademark or service mark
infringement, tradename infringement, dilution, tortuous interference
with contract or prospective business advantage, unfair competition,
defamation or injury to business reputation. Such obligation shall
continue in effect after the termination of this Registration Agreement.
16.2 The Registrar recognizes that certain educational and government
entities may not be able to provide indemnification. If the Registrant
is (i) a governmental or non-profit educational entity and (ii) not
permitted by law or under its organizational documents to provide
indemnification, the Registrant must notify the Registrar in writing
before making payment to the Registrar and, upon receiving appropriate
proof of such restriction, the Registrar shall endeavor to provide an
alternative indemnification provision for such Registrant.
16.3 The Registrant agrees to indemnify, defend and hold harmless the
Registry Administrator, its 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
relating to the registration of the Domain Name.
17. Intellectual Property Rights.
The Registrar does not accept any responsibility for the use of the
Domain Name or information generally held in the Registry and, in
particular, for any conflict with trademarks, registered or
unregistered, or with any other intellectual property rights
18. Modification or Surrender of Domain Name.
The Registrant (either directly or via an agent) may modify or surrender
the registration of the Domain Name in accordance with the procedures
put in place by the Registrar for such purposes.
19. Termination.
19.1 The Registrant may terminate this Registration Agreement before
its expiration by requesting the Registrar to delete the Domain Name
from the Registry in accordance with the procedures established by the
Registrar for such purposes.
19.2 The Registrar may terminate this Registration Agreement before
its expiration in the event that the Registrar determines, in its sole
discretion, that there was a material misrepresentation, material
inaccuracy or materially misleading statement in the information
provided in the Domain Name Application or in any subsequent
modification thereof.
20. Assignment.
The Registration Agreement may be assigned by the Registrar. The
Registrant may assign the Registration Agreement subject to any change
and transfer the registration of the Domain Name, by strict adherence to
the procedure in force at the time of transfer and payment of the
appropriate transfer fee applicable at the time of the transfer. No
other method of assignment is permitted.
21. Renewal or Transfer.
The Registrar may vary the terms and conditions of the Registration
Agreement on renewal or transfer of the registration of the Domain Name.
All assignments and renewals shall be pursuant to the Terms & Conditions
current at the time of the transfer or renewal and, in the case of a
transfer, as agreed by the Transferor.
22. Governing Law.
This Registration Agreement shall be governed in all respects by and
construed in accordance with the laws of the Republic of Armenia.
23. Jurisdiction.
For the adjudication of disputes concerning or arising out of the
registration and use of the Domain Name, the Registrant consents to
submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (i) of the Registrant's domicile, and
(ii) where the Registrar is located.
24. Disputes between Registrar and Registrant.
Any dispute, controversy or claim arising under, out of or relating to
the Registration Agreement and any subsequent amendments of this
Registration Agreement, including, without limitation, its formation,
validity, binding effect, interpretation, performance, breach or
termination, as well as non-contractual claims, shall be referred to and
finally determined by arbitration in accordance with the WIPO
Arbitration Rules. The place of arbitration body is WIPO. The language
to be used in the arbitration proceedings shall be the language of the
Registration Agreement.
25. Notice.
25.1 Except as otherwise provided in this clause any notice to be
given under the Registration Agreement shall only be deemed to be served
if delivered by hand or sent by pre-paid first class post, by fax or
e-mail, to the party to whom it is given at its last known postal or
e-mail address or fax number. The notice will be effective: if delivered
by hand, on delivery; if sent by fax or e-mail, when the sender receives
confirmation of receipt; and if sent by post, on the fourth day after
posting.
25.2 Any notices to the Registrant concerning a dispute under the
provisions of the Dispute Policy shall be validly delivered if sent by
e-mail to the address of the Adminstrative Contact as specified in the
Domain Name Application.
26. Non-Agency.
Nothing contained in the Registration Agreement shall be construed as
creating any agency, partnership or other form of joint enterprise
between the Registrar and the Registrant or between the Registrant and a
third party.
27. Severability.
In the event that any provision of the Registration Agreement shall be
found to be unenforceable or invalid under the applicable law or be so
held by any applicable decision of a Court, the remaining provisions
shall not be affected and shall continue to be binding. The Registrar
shall use its best endeavors within one (1) month of being notified that
any such provision is unenforceable or invalid as aforesaid to
substitute a valid and enforceable provision which achieves, to the
extent possible, the original objectives and intent of the Registrar as
reflected in the original provision.
28. Clause Headings.
Clause headings are for ease of reference and are not part of this
Agreement and accordingly shall not affect its interpretation.
29. Entirety of Understanding.
The Registrant agrees that this Registration Agreement is the complete
and exclusive agreement between the Registrant and the Registrar
regarding the registration of the Domain Name. This Registration
Agreement supersedes all prior agreements and understandings, whether
established by custom, practice, policy, or precedent. Except where
provided otherwise in this Registration Agreement, no variation may be
made to the Registration Agreement unless such is in writing and signed
by a duly authorized representative of the Registrant and the Registrar.
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