Introduction.
As used throughout the following Agreement, the term "Registrar"
shall refer to Mobinor AS, the party providing domain name registration
services at http://www.mobinor.com
and http://www.mobinor.no; the term
"Customer" refers to those who register domain names through
Registrar; the term "Services" refers to all domain name
services provided by the Registrar to Customer at http://www.mobinor.com
and http://www.mobinor.no; the terms
"we," "our," and "us" refer to Registrar,
where applicable; the terms "you" and "your" refer to
Customer where applicable. This Agreement defines the terms and conditions
of your registration of domain names through our domain registration
service. To complete the registration process, you must read and agree to
be bound by all terms and conditions of this Agreement, the dispute
policy, and any rules or policies of general applicability that are or may
be posted by us on our website from time to time. You acknowledge that we
may modify this Agreement to the extent necessary to comply with
applicable law, any ICANN and NORID policy, or any policy adopted by
VeriSign, Inc. ("VeriSign").
Mobinor provides its
domain search and registration service on an "as is" basis.
Because the information contained in your domain name search results is
generated electronically from multiple data sources, you should not assume:
(1) that any of your domain name search results are error-free
(2) that any report will return completely accurate, reliable, timely,
correct, useful or complete results, or
(3) that your use of the domain name search service will be uninterrupted
Mobinor do not provide
trademark research services or trademark law and related issues. We are
not a law firm and do not provide legal services. Only a lawyer can
provide you with specific advice to rely on.
Fees. As
consideration for domain name registration services provided by us, you
agree to pay all initial registration fees and applicable renewal fees
with respect to each second-level domain ("SLD") name at the
time of registration or renewal. If, for any reason, you fail to pay any
initial fees or renewal fees when due, we have the right to immediately
cancel all SLD names for which payment was not received, without further
notice to you. We reserve the right to adjust our registration and renewal
fees prospectively upon fifteen (15) calendar days prior notice.
All domain name sales
are final. There are no refunds, returns, allowances, or credits on any
domain names purchased by you. Furthermore, you agree that you will not
chargeback any amounts previously charged to your credit card by us. If
you chargeback a credit card charge for a payment initiated by you, you
agree that we may recover the amount of the chargeback, as well as the
chargeback fee by any means we deem necessary, including but not limited
to re-charging your credit card for the chargeback. Furthermore, if you
initiate a chargeback of a previous credit card charge, access to your
account may be denied until payment is made and your account may be
terminated, both at the sole discretion of us.
Term; Registration
Period. The term of this Agreement, as in effect from time to time,
will extend through and continue in force at any time during which you
have any SLD name registered through us.
Registration Data. As
part of the registration process, you are required to provide us with
certain information and to update this information to keep it current,
complete and accurate. This information includes:
- Your full name, postal address, e-mail address, voice telephone
number, and fax number if available;
- The name of an authorized person for contact purposes in the case of
a registrant that is an organization, association, or corporation;
- The full name, postal address, e-mail address, voice telephone
number, and fax number if available of the administrative contact for
the SLD name;
- The name, postal address, e-mail address, voice telephone number,
and fax number if available of the billing contact for the SLD name.
Your willful provision
of inaccurate or unreliable information, your willful failure promptly to
update information provided to us, or any failure to respond for over
fifteen (15) calendar days to our inquiries addressed to the e-mail
address of the administrative, billing or technical contact then appearing
in the WHOIS directory with respect to an SLD name concerning the accuracy
of contact details associated with any registration(s) or the registration
of any SLD name(s) registered by or through you or your account, shall
constitute a breach of this Agreement.
You shall also be the
only authorized user of the Services under this Agreement.
License of SLD
Names. If you license use of an SLD name to a third party, you remain
the holder of record, and you acknowledge that you remain responsible for
providing and updating your own full contact information and for providing
and updating accurate administrative, and billing contact and other
information in accordance with this Agreement. If you license use of an
SLD name, you shall accept liability for harm caused by wrongful use of
the SLD name, unless you promptly disclose the identity of the licensee to
the party providing you reasonable evidence of actionable harm.
Domain Name
Transfers. If you transfer any SLD name, you agree to abide by the
policies and procedures relating to the transfer of SLD names as may be
adopted by us and as in effect, which policies and procedures may require,
among other things, the submission of hard-copy record of transfer of
ownership, the submission of information concerning the transferor and
transferee and the transfer, including but not limited to the information
described in Section 4 of this Agreement with respect to the transferee,
and may impose reasonable information collection and record keeping
obligations on you. Such policy and procedure may require you upon such
transfer to relinquish all control over the SLD name transferred.
Use of Our
Services.You agree that your ability to use our registration services
is subject to termination or suspension, and your ability to register or
modify any particular SLD name is subject to suspension, cancellation, or
transfer:
- At any time pursuant to any ICANN, NORID or VeriSign Policy now in
effect or hereafter adopted;
- To correct mistakes by us, NORID, accredited registrars or the
VeriSign Global Registry ("Global Registry") in registering
SLD name(s), including but not limited to the correction of erroneous
or inadvertent deletions of SLD names, or in connection with the
resolution of disputes in accordance with the Dispute Policy; or
- In the event of any breach of any representation, warranty,
agreement or other provision of this Agreement, upon e-mail notice of
such breach and the expiration of a fifteen (15) calendar day cure
period.
You agree not to use
our services or website or permit any person or entity through you to use
our services or website for:
- The transmission of unsolicited, commercial e-mail (spam);
- High volume, automated, electronic processes that apply to the
Global Registry for large numbers of SLD names, except as reasonably
necessary to register SLD names or modify existing registrations; or
- High volume, automated, electronic, repetitive queries except as
reasonably necessary to register SLD names or modify existing
registrations.
If you are found to
have engaged in any abusive spamming practices, your account will be
subject to immediate termination, at the sole discretion of us, and your
account information will be turned over, with your personal information
being forwarded to the appropriate organization. You also agree that we
may, in our sole discretion, publish your name, contact information, and
I.P. address, along with full header information for any spam activity you
have engaged in. Additionally, because damages are often difficult to
quantify, if actual damages cannot be reasonably calculated, you agree to
pay us liquidated damages of five dollars (U.S. $5.00) for each piece of
"spam" or unsolicited bulk e-mail transmitted from or otherwise
connected with your account. Otherwise, you agree to pay us actual damages,
to the extent such damages can be reasonably calculated. You agree that we
may charge such damages to your account, your designated credit card, or
other account specified by you for registration of domain names with us.
LIMITATION OF
LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (A) ANY ACT OR OMISSION OF YOU
OR YOUR AGENT (WHETHER AUTHORIZED OR UNAUTHORIZED); (B) ANY LOSS OF
REGISTRATION OF ANY SLD NAME; (C) THE USE OF YOUR SLD NAME OR PASSWORD;
(D) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR REGISTRATION SYSTEM; (E)
THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND US; (F) EVENTS
BEYOND OUR CONTROL; (G) THE PROCESSING OF ANY SLD NAME REGISTRATION; (H)
THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR SLD
NAME; (I) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR
(J) THE APPLICATION OF THE DISPUTE POLICY. FURTHERMORE, WE WILL NOT BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR
MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US. TO THE EXTENT
APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
DISCLAIMER OF
WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN OUR SOFTWARE OR WEBSITE WILL MEET YOUR REQUIREMENTS
OR THAT THE OPERATION OF OUR SOFTWARE OR WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR WEBSITE WILL BE CORRECTED.
WE DO NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF OUR SOFTWARE OR WEBSITE OR RELATED DOCUMENTATION IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
YOU FURTHER AGREE THAT
WE PROVIDE OUR SERVICES TO YOU ON AN "AS-IS," "AS-AVAILABLE"
BASIS. NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS
SHALL HAVE ANY LIABILITY TO YOU FOR ANY FAILURE OR DELAY TO MAINTAIN OR
PROVIDE TO YOU ANY SERVICES OFFERED BY US.
Indemnity. You
agree to defend, indemnify and hold us harmless and any applicable SLD
name registry, including VeriSign, Inc., and the shareholders, directors,
officers, employees, affiliates and agents of us and them, from and
against any loss, damages or costs, including reasonable attorneys' fees,
resulting from any claim, action, proceeding, suit or demand arising out
of or related to:
- Any SLD name registered by you or the transfer or use thereof;
- Any dispute concerning an SLD name;
- Your breach (or the breach by any of your officers, agents,
employees or other representatives) of any agreement contained in this
Agreement; or
- Any cancellation, suspension or transfer of any SLD name in
accordance with this Agreement
Representations and
Warranties.You represent and warrant that all information provided by
you in connection with your registration is complete and accurate. You
represent and warrant each time you register an SLD name that, to the best
of your knowledge and belief, neither the registration of the SLD name nor
the manner in which it is directly or indirectly used infringes the legal
rights of a third party, and that the domain name is not being registered,
used or facilitated for any unlawful purpose. In applying for an SLD name,
you represent and warrant that the registration is not made in bad faith
and that the name does not conflict with another SLD name. We make no
representations or warranties of any kind in connection with this
Agreement. Specifically but without limitation, we do not represent or
warrant that registration of your SLD name will immunize you from
challenges to your SLD name.
Breach and
Revocation; Notice of Cancellation. Except as otherwise specified in
this Agreement, any breach by you of this Agreement or the Dispute Policy
must be remedied by you within fifteen (15) business days following e-mail
notice by us. Such notice shall be deemed delivered when sent to the
e-mail address then on record for your administrative contact in the WHOIS
directory. If you fail to cure the breach within such cure period, we may
terminate this Agreement, cancel your registration of the SLD name(s),
transfer such SLD names to another person or entity and/or seek any remedy
available at law or in equity including but not limited to obtaining an
injunction or specific performance. Except as otherwise specified in this
Agreement, notice of revocations, suspensions, transfers, or cancellations
of your SLD name(s) by us pursuant to this Section will be provided to you
within fifteen (15) business days following the taking of such action.
Furthermore, in the event that you breach any provision of this Agreement,
you agree that we may terminate your use of our domain nameservers. In the
event such a breach occurs by you, we will post a page from your domain
name stating that you have violated our terms and conditions of service.
Refusal to Register
Domain Name. Pursuant to ICANN., NORID and VeriSign Policy, we reserve
the right to refuse to register any SLD name(s), or to cancel, transfer or
suspend any SLD name(s) registered with us within the first thirty (30)
calendar days following receipt of your payment for such registration(s).
In the event we do not register an SLD name or we cancel or transfer an
SLD name within such thirty (30) calendar day period, we agree to refund
any applicable fee(s) with respect to such SLD name which you have paid.
You agree that we shall not be liable to you for loss or damages that may
result from our refusal to register any SLD name(s) or the cancellation or
transfer of any SLD name(s).
Termination of Free
Services. We reserve the right, in our sole discretion, to terminate
any Service(s) provided to you, including but not limited to free hosting,
domain redirection, domain parking, email forwarding, etc. with respect to
any domain name that you subsequently transfer to another registrar. You
understand and acknowledge that your continued use of any of our Services
is conditioned on your domain remaining registered with us and not
violating our other stated conditions.
Governing Law;
Jurisdiction. This Agreement shall be governed by Norwegian law. The
parties hereto will use their best endeavors to settle amicably any
dispute, controversy or claim which may arise out of or in connection with
this Agreement, but failing results from such efforts, the dispute,
controversy or claim shall be settled by arbitration in accordance with
the Rules Norwegian Arbitration rules ("voldgift"). The place of
proceedings shall be Oslo, Norway. The proceedings shall, if requested by
any of the parties, be conducted in the English language. The decision
shall be final and binding upon the parties. If arbitration is necessary,
each party shall select an arbitration member ("voldgiftsmann"),
together they select a third member that will be the chairman of the
arbitration court. Beside this the instructions of "lov om
rettergangsmåten i tvistemål av 13.8.15 nr. 6 kapittel 32" be used.
The mere fact that a dispute is the subject of negotiations between the
parties or is presented to any court or arbitration panel for resolution
shall not in itself relieve the parties from their obligations under the
Agreement.
Notices. Except
as otherwise specifically stated herein, you agree that all notices from
us to you shall be delivered by posting such notices on our website and
shall be deemed delivered and effective fifteen (15) calendar days after
such posting. Notices from you to us shall be by e-mail to our appropriate
e-mail address as specified on our website, and shall be deemed delivered
when received by e-mail, or notices shall be in writing by first class
mail to Mobinor AS, P.O.Box 447, 1371 Asker, Norway. The foregoing,
notwithstanding, you understand and agree that any e-mails received by us
from any e-mail address provided to us or set forth as a contact address (whether
billing, technical or administrative) with respect to your SLD name shall
be deemed to have been sent by you or your duly authorized agent having
the actual and apparent authority to act to bind you.
General. This
Agreement, our fee schedule and the Dispute Policy, constitute the
complete and exclusive agreement between you and us, and supersede and
govern all prior agreements or other communications whether oral or
written. Nothing contained in this Agreement shall be construed as
creating any agency, partnership, or other form of joint enterprise
between you and us. Our failure to require your performance of any
provision hereof shall not affect the right to require such performance
thereafter, nor shall the waiver by us 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 is deemed unenforceable or invalid, such
unenforceability or invalidity shall not affect the remainder of this
Agreement, but such provision shall be automatically amended and replaced
with a provision that is valid and enforceable and which achieves, to the
extent possible, our original objectives and intent as reflected in the
original provision. No provision of this Agreement, including our fee
schedule and the Dispute Policy, may be amended or modified by you except
by means of a written document signed by us. We may modify this Agreement
at any time by posting such modification(s) on our website. Such
modifications will become effective fifteen (15) calendar days after
posting. Your continued use of our registration services after such
modification(s) become(s) effective constitutes your acceptance of those
modifications. If you do not agree to such a modification, you may request
that your SLD name(s) be cancelled or transferred to another registrar.
This Agreement shall not confer any benefits upon any person or entity
other than you and us, and shall not be construed to create any obligation
by us to any non-party.
Important
additional disclaimer. Mobinor acts as an agent of you in submitting
domain name registration to the appropriates.
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