Main Terms and Conditions
Schedule A: Terms and Conditions Relating to Domain Name Registration
Schedule B: Registry Operator Terms and Conditions Applicable to all .EU Registrations
Schedule C: Registry Operator Terms and Conditions Applicable to all .INFO Registrations
Schedule D: Terms and Conditions Applicable to Rebel.com Corp. Email Services
Schedule E: Terms and Conditions Applicable to all Web Site and Hosting Services
Schedule F: Terms and Conditions Applicable to the High Security Service
Schedule G: Terms and Conditions Applicable to .Asia Auction Participants and Registrants
Schedule H: Registry Operator Terms and Conditions Applicable to all .MOBI Registrations
Schedule I: Registry Operator Terms and Conditions Applicable to all .US Registrations
Schedule J: Terms and Conditions Applicable to Privacy Services
Main Terms and Conditions
1. INTRODUCTION. In this Service Agreement ("Agreement"),"Registrant" "you" and "your" refer to each user, customer ("Customer") and its agents, and "Registrar", "we", "us" and "our" refer to Rebel.com Corp. ("Rebel" or “Rebel.com”). This Agreement explains our obligations to you, and your obligations to us in relation to the service(s) that you purchase and use from us. By selecting Rebel service(s) you have agreed to establish an account with us for such service(s). When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional Rebel service(s) or to modify or cancel your Rebel service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our service(s) and the performance of our service(s) will occur at our offices in 26 Auriga Drive, Ottawa, Ontario, CANADA, the location of our principal place of business. You agree that each person listed in your account information as being associated with your account for any service(s) provided to you is your agent with full authority to act on your behalf for such services in accordance with the permissions granted, including but not limited to the authorization to terminate, transfer (where permitted by this Agreement), or to modify or purchase additional service(s). You also agree that if you list, directly or by default, Rebel as a contact for your account for any of the service(s), we have the right, without notice, to remove our name and/or information from any such service(s) and to replace the same with the name and/or information provided by you.
2. SECURITY. When you register a domain name or subscribe to our service(s) with us, we provide you with a password or passphrase that can be used to modify your information. It is your responsibility to safeguard your password or passphrase. You accept full responsibility for modifications made to your service(s) using this password or passphrase
3. VARIOUS SERVICES. The terms of this Agreement are applicable to any and all of the Rebel's service(s) you have chosen, including any additional services you may choose in the future which may be offered by Rebel from time to time. NOTICE REGARDING BUNDLED SERVICES: If you purchase Rebel services that are sold together as a “bundled” package (e.g., you select a web site package that includes both a domain name and hosting services, as opposed to your purchasing such services separately) ("Bundled Services"), termination of any part of the service will result in termination of all services provided as part of the bundled package.
4. FEES AND PAYMENT. As consideration for the services you have selected, you agree to pay Rebel the applicable service(s) fees set forth on our Web site at the time of your selection. All fees are due immediately and are non-refundable. Rebel may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by Rebel to collect such fees. If you qualify, we may extend payment terms to you.
5. TERM OF SERVICE. Unless otherwise specified, each Rebel service, is for a one-year initial term and renewable thereafter for successive one-year terms. Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal and, in the case of domain name re-registration, the domain name registry's acceptance of your domain name registration. Should you select to purchase a multiple year term, each year on the anniversary of the registration Rebel will pay on your behalf to the registry the required registry fees until the term you have purchased expires or Rebel is no longer your registrar. Should the registry raise its fees, Rebel will inform you and collect the difference for the term remaining.
In addition to other termination provisions contained in this Agreement, if you purchase Bundled Services, any termination relating to such bundle will terminate all Rebel services included in such bundle. For instance, any domain name registered with or maintained by Rebel under this Agreement will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, Rebel will no longer provide the bundled services to you, any leases granted to you shall immediately terminate, and you will cease using such services immediately; provided, however, that Rebel may, in its sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees for such services, allow you to convert certain services included in the bundled services to stand alone services.
6. ACCURATE INFORMATION. As further consideration for the Rebel service(s), you agree to:
6.1 provide certain current, complete and accurate information about you as required by the domain name application process;
6.2 maintain and update this information as needed to keep it current, complete and accurate; and
6.3 respond within fifteen (15) calendar days to a request by us to update or confirm the accuracy of your information.
We rely on this information to carry out our services for you and comply with the requirements of the registries of domain names and to send you important information and notices regarding your account and our services. Any failure by you to provide or update such information or to respond to our request is a material breach of this Agreement.
7. PRIVACY STATEMENT. Our privacy statement, located on our Web site at http://www.rebel.com/PrivacyStatement.aspx incorporated herein by reference, sets forth your and our rights and responsibilities with regard to your personal information. You agree to read the privacy policy. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree to periodically review our Web site to be aware of any such revisions. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement by providing us with notice in accordance with Section 25 below. We will not refund any fees paid by you if you terminate your Agreement with us. We will not process the personal information that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement, and we will take reasonable precautions to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration or destruction.
8. THIRD PARTY INFORMATION. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal information you supply to us as part of our services with regard to:
8.1 the purposes for which such third party's personal information has been collected;
8.2 the intended recipients or categories of recipients of the third party's personal information;
8.3 which parts of the third party's information are obligatory and which parts, if any, are voluntary; and
8.4 how the third party can access and, if necessary, rectify the third party's personal information..
You further agree to provide such notice and obtain such consent with regard to any third party personal information you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
9. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may:
9.1 revise the terms and conditions of this Agreement; and/or
9.2 change the services provided under this Agreement at any time.
Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the service(s) is posted on Rebel's Web site, or upon notification to you in accordance with Section 25 below. You agree to periodically review our Web site, including the current version of this Agreement available on our Web site, to be aware of any such revisions. If you do not agree with any revision to the Agreement or change to the services, you may terminate this Agreement at any time by providing us with notice in accordance with Section 25 below. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you prior to termination of your Agreement with us are nonrefundable, and you will not incur any additional fees. By continuing to use Rebel's services ten (10) calendar days after any revision to this Agreement or change in service(s) is posted on our Web site, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation concerning this Agreement or our services made by:
9.1.a any agent, representative or employee of any third party that you may use to apply for our services; and
9.2.a information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Rebel is authorized to alter or amend the terms and conditions of this Agreement.
10. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the account number and the password or passphrase that was provided to you by Rebel. Please safeguard your account number and password or any security authentication option from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account number and password or passphrase.
11. AGENTS. You agree that, if your agent purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the ICANN UDRP and the Dispute Policy, whether your agent was authorized by you or not. You certify that your agent is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund any fees paid by you or your agent on your behalf for any reason based on any act or omission of your agent.
12. NOTICES AND ANNOUNCEMENTS. You authorize us to notify you, as our Customer, of information that we deem is of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and services or other information pertaining to domain names, Internet security or to enhance your identity on the Internet and/or other relevant matters. If you do not wish to receive bulk email solicitation notices or announcements please send us an email at service@Rebel.com.
13. LIMITATION OF LIABILITY. To the extent permitted at law, Rebel and its parent, subsidiary or affiliated companies, and their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Rebel services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to:
13.1 any failure or inability to register the domain name;
13.2 any third party claims arising from or based on your domain name or use of our services;
13.3 access delays or access interruptions;
13.4 data non-delivery or data mis-delivery;
13.5 acts of God;
13.6 the unauthorized use or misuse of your account number or password or passphrase;
13.7 errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement;
13.8 the deletion of or failure to store email messages;
13.9 the development or interruption of your Web site;
13.10 our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or re-registration fee; or
13.11 the application of the ICANN UDRP or the Dispute Policy.
You agree that our entire liability, and your exclusive remedy, with respect to any Rebel service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s).
14. INDEMNITY. You agree to release, indemnify, and hold Rebel and its parent, subsidiary or affiliated companies, and their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising from your domain name registration or use of your domain name or the Rebel services provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us. Your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from your domain name registration or use of your domain name or the Rebel services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.
In addition, you agree to indemnify and hold harmless the applicable registry operator and its directors, officers, shareholders, employees and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.
15. BREACH. You agree that your failure to abide by any provision of this Agreement, any Rebel operating rule or policy, the ICANN UDRP or the Dispute Policy may be considered by us to be a material breach of this Agreement and that we may provide to you a written notice in accordance with Section 25 below, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name, transfer the domain name to Rebel and/or terminate the other Rebel service(s) you are using without further notice. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.
16. REPRESENTATIONS AND WARRANTIES. You agree and warrant that:
16.1 the information that you or your agent on your behalf provide to us during the application process to register your domain name or to apply for other Rebel's service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner;
16.2 to the best of your knowledge and belief that neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of any third party;
16.3 you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder;
16.4 you have selected the necessary security option(s) for your domain name registration record; and
16.5 you are of legal age of 18 years or over to enter into this Agreement.
You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis.
17. DISCLAIMER. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
19. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to:
19.1 refuse to register your chosen domain name or register you for other Rebel service(s); and
19.2 delete your domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we delete your domain name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid, less any applicable administration fees.
You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your domain name, the deletion your domain name or our refusal to register you for other Rebel service(s).
20. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
21. ENTIRETY. You agree that this Agreement, the rules and policies published by us, the ICANN UDRP, the Dispute Policy and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the ICANN UDRP, the Dispute Policy and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.
22. NON-ASSIGNMENT. Your rights under this Agreement are not assignable. Any attempt by you to assign your rights shall render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, shall render this Agreement voidable at our option.
23. GOVERNING LAW. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflict of laws rules. You and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of that Province. You agree that any action, suit or application will be brought and heard in Ottawa, Canada.
24. AGREEMENT TO BE BOUND. By applying for the service(s) of Rebel or an affiliate through our online application process or by applying for and registering a domain name using the service(s) provided by Rebel or its affiliates under this Agreement. You acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the ICANN UDRP, the Dispute Policy and any pertinent rules or policies that are or may be published by Rebel or ICANN. In addition, if you are registering other top level or country-code domain names, including, but not limited to .AU, .BIZ, .EU, .ORG, and/or other domain names, you have read and agree to the terms and conditions of those provisions.
25. NOTICES. All notices to be provided by either party to this Agreement to the other shall be in writing and shall be validly given if sent by email, personal or courier delivery or by ordinary mail as follows:
25.1 to Rebel, at service@Rebel.com, Customer Service, Rebel, 26 Auriga Drive, Ottawa, Ontario, K2E 8B7, CANADA and
25.2 to Customer, at the email and postal address provided by you as part of the application process for the domain name registration. Any notice sent by email shall be deemed to have been received upon receipt; by personal or courier delivery on the date of delivery, and by post on the 5th calendar day after mailing.
26. TIME CALCULATIONS. Rebel operates in accordance with Greenwich Mean Time (GMT). Any and all references to timing in this Agreement, and all schedules and appendices hereto, are to be interpreted in accordance with GMT.
27. INCORPORATION BY REFERENCE. EACH REGISTRY FOR DOMAIN NAMES AND CERTAIN OTHER SERVICE PROVIDERS WHO SUPPLY CERTAIN REBEL.COM CORP. SERVICES OFFERED BY REBEL.COM CORP. TO YOU, REQUIRE US TO INCORPORATE CERTAIN TERMS AND CONDITIONS INTO OUR AGREEMENT WITH YOU, AS SET FORTH BELOW.
ALL SUCH TERMS, AND ALL OF THE OTHER SCHEDULES ATTACHED TO THESE MAIN TERMS AND CONDITIONS, ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT AND APPLY TO YOUR DOMAIN NAME(S) AND ANY APPLICABLE REBEL.COM CORP. SERVICES PURCHASED BY YOU, AND YOU AGREE TO BE BOUND BY THEM.
28. TAXES. All domain name registrations, email, hosting or any other services offered by Rebel are subject to the Goods and Services Taxes unless you meet the following requirements:
28.1 You certify that you are neither a Canadian resident nor reside in Canada or its territories; and
28.2 You warrant that your billing address is located outside Canada.
29. SURVIVAL: In the event this Agreement terminates as provided herein, Sections 1, 3, 4, 11, 13, 14, 17, 20, 21, 22, 23, 24, 25 and 27 of this Agreement, and all releases, indemnities, waivers and disclaimers set forth in any Schedule annexed hereto, shall survive such expiration or termination.
Back to Top
Schedule A: Terms and Conditions Relating to Domain Name Registration
1. NO GUARANTY: You agree that, the registration of your chosen domain name does not confer immunity from objection to either the registration or use of your domain name.
2 SECURITY: Rebel does not guarantee the security of your domain name registration records, and you assume all risks that the password and/or passphrase you select may be compromised as a result of fraudulent, unauthorized or illegal use.
3. TRANSFERS. You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with us (except for .au and .name domain names).
4. LEASING OF DOMAIN NAME. If you lease the use of the domain name or our domain name registration services to a third party, you will remain our Customer and you are responsible for complying with all terms and conditions of this Agreement.
5. USE OF INFORMATION.
5.1 In accordance with our privacy statement, which can be found at http://www.rebel.com/PrivacyStatement.aspx, and in order for us to comply with the current rules and policies of the domain name system, you hereby grant Rebel the right to to disclose to the public the following mandatory information that you are required to provide when registering or reserving a domain name:
5.1.1 the domain name(s) registered by you;
5.1.2 your name and postal address;
5.1.3 the name(s), postal address(es), email address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain name(s);
5.1.4 the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s);
5.1.5 the corresponding names of those nameserver(s);
5.1.6 the original creation date of the registration; and
5.1.7 the expiration date of the registration.
5.2 In addition, we are required to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via email (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.
6. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, you agree to be bound by ICANN's Uniform Domain-Name Dispute-Resolution Policy (the "ICANN UDRP") that is incorporated herein and made a part of this Agreement by reference. The current version of the ICANN UDRP may be found at ICANN's Web site: http://www.icann.org/udrp/udrp.htm. Please take the time to familiarize yourself with that policy.
7. DOMAIN NAME DISPUTES. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in the Rebel dispute policy (the "Dispute Policy") in effect at the time of the dispute.
The Dispute Policy is currently as follows:
Notwithstanding anything in this Agreement to the contrary, you agree that in the event a domain name dispute arises with any third party, (i) you will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of your domicile and the Province of Ontario, Canada; and (ii) you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your domain name registration or your use of our domain name registration services, you will not be permitted to make any changes to your domain name record without our prior approval. We will not allow you to make changes to such domain name record until:
7.1 we are directed to do so by the judicial or administrative body, or
7.2 we receive written notification by you and the other party contesting your registration or use of our domain name registration services that the dispute has been settled.
Furthermore, you agree that if we and/or you are subject to litigation regarding your registration or use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial or administrative body by supplying a party with a registrar certificate from us.
8. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our Dispute Policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree to periodically review our Web Site to be aware of such revisions. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement by providing written notice to us in accordance with Section 25 under the Main Terms and Conditions. We will not refund any fees paid by you if you terminate your Agreement with us.
9. EXPIRATION OF DOMAIN NAME REGISTRATIONS. You agree that we may, but are not obligated to, allow you to renew your domain name after its expiration date has passed. Should you choose not to renew your domain name during any applicable grace period (up to 40 days after domain expiration), you agree that we may, in our sole discretion, delete the domain registration, renew the registration or transfer the domain name to a third party on your behalf (the "Transfer"). In the event we are able to identify such a third party ("Third Party") and effectuate such a Transfer, we will notify you via email after the transaction is completed ("Transfer Notification"). You acknowledge and agree that the Transfer may be facilitated through a single Third Party, or through an auction involving one or more parties interested in your domain name. You agree that we shall have no obligation to pay you, and you shall have no right to receive, any percentage of the proceeds of the Transfer. We cannot guarantee, and we make no representation or promise, that any Transfer will occur with respect to your domain name.
10. NEW CUSTOMERS THROUGH A BACKORDER SERVICE: If you are registering a domain name through a backorder service and that domain was registered with, and not yet deleted by, Rebel at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of a Transfer (as defined in section 9). If you are registering a domain name through a backorder service and the domain name was not registered with Rebel at the time of your purchase but was deleted by the applicable top-level domain registry at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the date it is initially registered with Rebel by the provider of the backorder service.
11. PARKED AND COMING SOON PAGES FOR ACTIVE DOMAINS: You acknowledge and agree that any and all domain names that are (i) registered with Rebel, (ii) hosted by a third party through Rebel as part of a Subscription Service, and (iii) do not otherwise resolve to an active website, may resolve to a "coming soon" or similar temporary web page ("Coming Soon Page"), and that Rebel may place on any such Coming Soon Page promotions, advertisements and other information for, and links to, Rebel's website, Rebel's product and service offerings, third party websites, third party product and service offerings and/or Internet search engines. You agree that Rebel may change the content and/or appearance of, or disable, any Coming Soon Page at any time, in its sole discretion, and without prior notice. You agree that any and all revenue generated from such a Coming Soon Page enures to the benefit of Rebel. You may discontinue use of the Coming Soon Page for your registered domain at any time by logging into your account and making such changes.
12. PARKED AND COMING SOON PAGES FOR EXPIRED DOMAINS: You agree that after the expiration date of your domain name registration and before it is deleted, renewed or transferred, we may direct your domain name to an IP address designated by us, including, without limitation, an IP address which hosts a parked, coming soon or other temporary page ("Coming Soon Page") that may include promotions, advertisements and other information for, and links to, Rebel's website, Rebel's product and service offerings, third party websites, third party product and service offerings and/or Internet search engines, and you agree that we may place our contact information in the WHOIS output for the expired domain. You agree that Rebel may change the content and/or appearance of, or disable, any Coming Soon Page at any time, in its sole discretion, and without prior notice. You agree that any and all revenue generated from such a Coming Soon Page enures to the benefit of Rebel or such third party as designated by Rebel.
13. REVOCATION: You agree that we may delete your domain name if the information that you provide to us or subsequently modify contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your domain name or to continue to provide you domain name registration services. You agree that we may terminate immediately and without notice our service(s), including our domain name registration services, in the event that you use such service(s) for any improper purpose, as determined in our sole discretion. Furthermore, you agree that we may suspend, cancel or transfer your domain name in order to:
13.1 comply with any ICANN adopted specification or policy, or any Rebel or registry operator procedure not inconsistent with an ICANN adopted specification or policy; or
13.2 correct mistakes made by us or the registry in registering your chosen domain name; or
13.3 resolve a dispute under the ICANN UDRP or the Dispute Policy. We will not refund any fees paid by you prior to termination of our services.
14. SURVIVAL: In the event this Agreement or Schedule terminates, Sections 3, 4, 5, 6, 7, 8, 9 and 13 of this Schedule shall survive such expiration or termination.
Back to Top
Schedule B: Registry Operator Terms and Conditions Applicable to all .EU Registrations
1. Definitions
The following definitions apply to .eu Terms and Conditions of this Schedule only.
1.1. "ADR Procedure" has the meaning ascribed to it in the .eu Dispute Resolution Rules which can be found at the EURid webpage at www.eurid.eu.
1.2. "Domain Name" means a domain name registered directly under the .eu Top Level Domain or for which a request or application for registration has been filed with the Registry.
1.3. ".eu Regulation" means Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the .eu Top Level Domain, OJ L, 113, 30 April 2002, pp. 1-5;
1.4. "Registry" means EURid vzw/asbl, a not-for-profit organization duly incorporated and validly existing under the laws of Belgium, with registered office at Park Station, Woluwelaan 150, 1831 Diegem (Belgium).
1.5. "Registration Policy" means the document available on the Website of the Registry.
1.6. "Rules" means the .eu Domain Name Registration Terms and Conditions, the Registration Policy, the .eu Dispute Resolution Rules, the Sunrise Rules (when applicable), the Registration Guidelines and the Regulations which can be located at the EURid webpage at www.eurid.eu. It is recommended that you read these documents.
2. Introduction
2.1. Before registering a .eu Domain Name, you should take the time to review our General Terms and Conditions and all the Rules and policy documents that the Registry has published on their webpage. The webpage of the Registry is available at www.eurid.eu. You acknowledge that you have read and agree to our Terms and Conditions and the Registry's Rules.
3. Eligibility Requirements
In order to register a .eu Domain Name you hereby verify that you meet the General Eligibility Criteria pursuant to Art 4 (2)(b) of the .eu Regulation, whereby you must be:
3.1. an undertaking having its registered office, central administration or principal place of business within the Community;
3.2. an organisation established within the Community without prejudice to the application of national law; or
3.3. a natural person resident within the Community.
Community countries and territories can be located under the .eu Domain Name Registration Policy at www.eurid.eu.
4. Obligations of the Registrant
Throughout the Term, the Registrant has the following obligations:
4.1. to keep your contact information, as referred to in the Registration Policy, accurate, complete and up to date, both (i) with the Registrar with whom the Registrant has entered into an Agreement and (ii) with the Registry (via the Registrar), as described in the Registration Policy. Moreover, the Registrant represents and warrants that any email address communicated to the Registry shall be a functioning email address;
4.2. to use the Domain Name in such way that it does not violate any third party rights, applicable laws or regulations, including discrimination on the basis of race, language, sex, religion or political view;
4.3. not to use the Domain Name (i) in bad faith or (ii) for any unlawful purpose.
5. Representations and Warranties
You represent and warrant that:
5.1. you meet one of the General Eligibility Criteria, and you shall inform us when you cease to meet such conditions;
5.2. all information provided to the Registry during the Domain Name registration process is true, complete and accurate;
5.3. the request for Domain Name registration is made in good faith, for a lawful purpose and does not infringe the rights of any third party;
5.4. the Domain Name is not contrary to public policy or morality (e.g. is not obscene or offensive) and is not unlawful; and
5.5. you shall, throughout the Term, abide by these Terms and Conditions as issued by EURid and any and all applicable Rules.
6. Term and Renewal of the Domain Name
6.1. The Term of any Domain Name registration shall commence on the date of registration of the Domain Name, and shall end the following calendar year, on the last day of the month ("Renewal Date") within which the Domain Name was registered.
Unless otherwise provided for herein, the Term shall be tacitly renewed for an additional period that shall end the following calendar year, on the last day of the month within which the Domain Name was renewed, transferred or reactivated.
6.2. Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal and, in the case of domain name re-registration, the domain name registry's acceptance of your domain name registration.
6.3. You may cancel your Domain Name before the Renewal Date if you have provided us with a cancellation request.
7. Transfer of Domain Name
7.1. The Registrant shall be entitled to transfer a Domain Name where the following conditions are cumulatively met:
7.1.1. the transferee has confirmed that it satisfies the General Eligibility Criteria; and
7.1.2. the Registry has received all applicable fees for such transfer via the Registrar appointed by the transferee; and
7.1.3. the procedure described in Section 13 of the Registration Policy has been successfully completed.
7.2. Suspended or blocked Domain Name cannot be transferred unless
7.2.1. A decision has been renderered by (a) a panel in an ADR Procedure, or (b) by a court of a Member State; or
7.2.2. upon receipt by the Registry of any fees applicable in this respect, in case the Domain Name has been suspended in accordance with Section 9 of the .eu Domain Name Registration Terms and Conditions.
8. Change of Registrar
In the event that the agreement (a) between the Registry and the Registrar or (b) between the Registrar and the Registrant is terminated, the Registrant shall follow the relevant procedure set out in Section 10 of the Registration Policy in order to maintain its Domain Name registration. You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with us.
9. Suspended, Blocked and Revoked Domain Names
The Registry may suspend, block or revoke a Domain Name pursuant to section 9 of the .eu Domain Name Registration Terms and Conditions. It is recommended that you read these provisions.
10. Rights Granted
10.1. The Registrant acknowledges that upon registration of a Domain Name, the Registrant obtains a limited, transferable, renewable, exclusive right to use the Domain Name for the Term, unless otherwise provided for in the Rules. No other rights can be claimed by the Registrant except for those included herein.
10.2. The Registrant shall not be entitled to exercise any right of withdrawal following receipt by the Registry of an application or request for registration of a Domain Name.
11. Communication Between the Registry and the Registrant
11.1. Any official communication between the Registry and the Registrant shall be effected by email:
11.1.1. if to the Registry: info@eurid.eu;
11.1.2. if to the Registrant: the contact email address communicated to the Registry via the Registrar and made available in the WHOIS Database.
11.2. Any communication between the Registry and the Registrant shall be in one of the official languages of the European Union.
12. Privacy and Data Protection
12.1. Processing of personal data:
12.1.1. By registering a Domain Name and accepting the Terms and Conditions, the Registrant authorises the Registry to process personal and other data required to operate the ".eu" Domain Name system. The Registry must only use the data for operating the system (which will include attribution of the Domain Name, transfer of a Domain Name to a new Registrant, transfer of one Domain Name or a portfolio of Domain Names to a new Registrar) and can after the unambiguous consent of the Registrant transfer the data to third parties but only:
12.1.1.1. if ordered to do so by a public authority, carrying out its legitimate tasks,
12.1.1.2. upon demand of the ADR Providers mentioned in section 16 of this document ;or
12.1.1.3. as provided in Section 12.3 of the .eu Domain Name Registration Terms and Conditions.
12.1.2. You have the right to access your personal data and to amend any errors that may exist.
12.2. Information collected by Registry:
12.2.1. The Registry will collect the following personal data for its internal use:
12.2.1.1. full name of the Registrant;
12.2.1.2. technical contact name;
12.2.1.3. postal address;
12.2.1.4. email address;
12.2.1.5. telephone number;
12.2.1.6. fax number (optional);
12.2.1.7. language for ADR proceedings, as referred to in Paragraph 3(a) of the .eu Dispute Resolution Rules.
12.2.2. Such information may be published in its WHOIS. Please review section 3.1 of the .eu Domain Name Registration Terms and Conditions can be located at www.eurid.eu.
12.3. Disclosure of personal data:
12.3.1. The Registry may disclose personal data of the Registrant not published in the WHOIS to third parties having legitimate reasons for disclosure.
12.3.2. Please take the time to review the .eu Domain Name Registration Terms and Conditions and WHOIS Policy of when disclosure will be granted.
13. Limitation of Liability
13.1. The Registry shall not be liable for any loss, including direct or indirect loss, consequential loss and loss of profits, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to registration or use of a Domain Name or to use of its software or Website of the Registry, even if it has been advised of the possibility of such loss, including but not limited to:
13.1.1. registration or renewal of (or the failure to register or renew) a Domain Name in favour of a Registrant or a third party due to an error concerning their identity;
13.1.2. termination of the Registry's authority to register domain names n the .eu Top Level Domain;
13.1.3. rights that third parties might claim to a Domain Name,
13.1.4. technical problems or faults;
13.1.5. acts or omissions of a Registrar regarding the application or equest for registration, registration or renewal of a Domain Name that may result in non-registration or cancellation of such Domain Name;
except in cases where the Registry's wilful misconduct is proved.
13.2. In any case, the Registry's liability for damages shall be limited to the amount of the registration fee that applies at the time the dispute is raised with the Registry. The Registrant agrees that no greater or other damages may be claimed from the Registry.
13.3. The Registrant shall be liable for any costs, expenses or damages incurred by the Registry for any breach of these Terms and Conditions by the Registrant. Furthermore, the Registrant shall hold the Registry harmless from claims filed or disputes initiated by third parties to this Agreement, and shall compensate the Registry for any costs or expenses incurred or damages it may suffer through third parties taking action against it on the grounds that the application for, the registration or the use of the Domain Name by the Registrant infringe the rights of said third parties.
13.4. For the purposes of this Section, the term "Registry" shall also refer to its members, subcontractors and their respective directors and employees.
14. Applicable Law and Jurisdiction
14.1. The Terms and Conditions and any dealings between the Registry and the Registrant hereunder are subject to Belgian law. In the event of any dispute, disagreement or claim between the Registry and the Registrant, the courts in Brussels (Belgium) shall have exclusive jurisdiction, except for the cases referred to in Section 16 of the .eu Domain Name Registration Terms and Conditions.
14.2. Any terms and conditions and any dealings between the Registrar and Registrant are subject to the Laws of the Province of Ontario, Canada. In the event of any dispute, disagreement or claim between the Registrar and the Registrant, the courts in Ottawa, Ontario, Canada shall have exclusive jurisdiction.
15. Alternative Dispute Resolution ("ADR")
15.1. The Registrant accepts that ADR Procedures must be conducted before one of the providers listed at the Website of the Registry (www.eurid.eu).
15.2. The Registrant must participate in ADR Procedures if a third party (a “Complainant”), in compliance with the .eu Dispute Resolution Rules, asserts to an ADR Provider and initiates a complaint against the Registrant on the basis of speculative or abusive registration, as referred to in Articles 21 and 22(1)(a) of the Public Policy Rules.
Furthermore, the Registrant or a third party shall be entitled to initiate an ADR Procedure in accordance with the procedures laid down in the Rules if it is of the view that a decision taken by the Registry conflicts with the Regulations.
15.3. Unless otherwise agreed by the parties to an ADR Procedure or otherwise specified in the agreement between the Registrant and its Registrar, the language of the ADR Procedure shall be in the English language. Any ADR Procedure initiated against the Registry shall be conducted in the English language.
15.4. All disputes covered by this section will be governed by the .eu Dispute Resolution Rules applicable upon filing of the complaint and the selected ADR Provider's rules of procedure, as published on the Website of the Registry (www.eurid.eu).
15.5. The remedies available to a Complainant under any proceedings before an arbitrator (or panel of arbitrators) appointed by an ADR Provider are strictly limited to:
15.5.1. annulment of the challenged Registry decision, in case the ADR Procedure is initiated on the basis of Article 22(1)(b) of the Public Policy Rules; and
15.5.2. revocation or transfer of the Domain Name in case the ADR procedure is initiated on the basis of Article 21.1(a) of the Public Policy Rules.
16. Amendments
16.1. The Terms and Conditions in this Schedule are subject to change by the Registry or the Registrar. You should review section 14 of the .eu Domain Name Registration Terms and Conditions for provisions not listed in this Schedule.
16.2. If the Registry decides to change these Terms and Conditions and/or the Registration policy, it will make the new terms available to the public by posting them on the Website of the Registry at least thirty (30) days before the new terms take effect (and upon their taking effect on the announced date, said new terms shall become the Terms and Conditions and/or the Registration Policy). Each Domain Name registration will be handled according to the Rules in effect on the date the application or request for a Domain Name registration is complete. You are recommended to periodically check the Registry's webpage for any new amendments.
Back to Top
Schedule C: Registry Operator Terms and Conditions applicable to all .INFO registrations:
.INFO DOMAIN NAME HOLDER ("Registrant") consents to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the Registry Operator and its designees and agents in a manner consistent with the purpose specified pursuant to the Registrar's agreement with the Registry; submits to proceedings commenced under ICANN's UDRP located at http://www.icann.org/udrp/udrp.htm. The Registrant acknowledges that Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Domain Name Registration.
Back to Top
Schedule D: Terms and Conditions applicable to Rebel.com Corp. Email Services
The following terms and conditions of use and any amendments thereto (the "Email Terms") apply to your access to, and use of, the email and related services offered by Rebel (the "Email Service"). These Email Terms may be changed in the future without further notice, and your continued use of the Email Service following any such changes constitutes your acceptance of the new terms. These Email Terms do not alter in any way the non-conflicting terms or conditions of this Agreement or any other agreement you may have with Rebel for products, services or otherwise. To the extent any of the Email Terms are in conflict or inconsistent with any other term or condition of the Agreement, these Email Terms shall govern to the extent of the conflict or inconsistency.
1. Privacy Policy
In addition to the terms of the Rebel privacy statement, you agree that Rebel may access and disclose information about you or your use of the Email Service when Rebel deems necessary or appropriate to comply with the law or legal process, to protect Rebel's systems and customers, or to ensure the integrity and operation of Rebel's business and systems. Such disclosure may include, without limitation, user profile information (e.g., name, email address, etc.), IP address and traffic information, usage history, and posted content. Rebel's right to disclose any such information shall govern over any terms of Rebel's privacy statement.
2. Access Restriction & Password Security
Rebel reserves the right to deny in its sole discretion any user access to the Email Service or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Rebel, and for any use or misuse of your account or the Email Service resulting from any third party using a password or user name issued to you.
3. No "Spamming"
You shall not use the Email Service for chain letters, junk mail, "spamming" or any use of distribution lists to any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("spam" or "spamming") is strictly prohibited by Rebel. If any user uses the Email Service for spamming, Rebel reserves the right to immediately terminate that user's access to the Email Service and to seek appropriate legal recourse as necessary. If any user believes that others are using the Email Service for spam, please contact Rebel at service@Rebel.com.
4. User Conduct
4.1 Rebel reserves the right, but does not assume the responsibility, to monitor or review user conduct on the Email Service. Use of the Email Service is subject to all applicable local, state, provincial, federal and international laws and regulations. You agree: (1) to comply with U.S. and Canadian law regarding the transmission of technical data exported from the United States or Canada through the Email Service; (2) not to use the Email Service for illegal purposes; and (3) not to interfere or disrupt networks connected to the Email Service.
4.2 In using the service, you agree not to:
4.2.1. Harvest or otherwise collect information about others, including without limitation names and email addresses, without their consent;
4.2.2. Transmit through the Email Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
4.2.3. Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Email Service;
4.3.3. Transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, federal or international law or regulation;
4.3.4. Interfere with another User's use and enjoyment of the Email Service or another entity's use and enjoyment of similar services;
4.3.5. Advertise or offer to sell or buy any goods or services for any non-personal purpose;
4.3.6. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
4.3.7. Interfere with or disrupt networks connected to the Email Service or violate the regulations, policies or procedures of such networks;
4.3.8. Attempt to gain unauthorized access to the Email Service, other accounts, computer systems or networks connected to the Email Service, through password mining or any other means;
4.3.9. Use or attempt to use another's account, service or system without authorization from Rebel, or create or use a false identity on this Email Service; or
4.3.10. Engage in any other conduct which, in Rebel's sole discretion, is considered unauthorized or objectionable.
5. Proprietary Rights
5.1 You acknowledge and agree that any material, including but not limited to text, compilations, graphics, software, music, sound, photographs, video, or other material contained or distributed on or through the Email Service, by Rebel, its advertisers or other third parties ("Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not use or distribute any Content received through the Email Service without the authorization of the content owner, except for your personal, non-exclusive use. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute Content available through the Email Service, including code and software, in violation of applicable copyright and other intellectual property laws.
5.2 WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE REBEL SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
5.3 You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States and Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. or Canadian export restrictions.
6. Trademarks
Rebel and the Rebel logo are trademarks of Rebel, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Rebel. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Rebel or its contractors or suppliers, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Rebel. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
7. Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Rebel, or postings on this Email Service, are non-confidential and shall become the sole property of Rebel. Rebel shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Rebel, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
8. Linking
8.1 You may not use, frame or utilize framing techniques to enclose any Rebel trademark, logo or other proprietary information, including the images found at this Email Service, the content of any text, or the layout/design of any page or form contained on a page, without Rebel's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing any Rebel name, trademark, or product name without Rebel's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Rebel or any third party.
8.2 Rebel makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Email Service, or Web sites linking to this Email Service. The linked sites are not under the control of Rebel, and Rebel is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Rebel is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by or between Rebel and any third party.
9. Third Party Content & Email Services
9.1 Rebel may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Rebel does not monitor, and has no control over, any Third Party Content or third party Web sites. Rebel does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Rebel does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content.
9.2 When leaving the Rebel site, you should be aware that Rebel's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Your use of these links and Third Party Content contained therein is at your sole risk.
10. Copyright Policy & Copyright Agent
10.1 Rebel may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Rebel may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
10.2 If you believe that Rebel or any user of our site has infringed your copyright in any material way, please notify Rebel, and provide the following information (the "Notice"):
10.2.1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
10.2.2. An identification of the copyrighted work claimed to have been infringed.
10.2.3. An identification of the material that you claim is infringing so that we may locate it on the Email Service.
10.2.4. Your address, telephone number, and email address.
10.2.5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
10.2.6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
However, unless ordered by a court of a competent jurisdiction or an administrative body, Rebel does not have to take any action against an alleged infringement.
11. No Resale
You agree not to resell or make any commercial use of the Email Service without Rebel's express written consent.
12. Termination
Notwithstanding any of these terms and conditions of use, Rebel reserves the right, without notice and in its sole discretion, to terminate your use of this Email Service, to change or eliminate any of the services we provide, and to block or prevent future access to and use of this Email Service. If your account is terminated for violation of these Email Terms, you will not be entitled to any refunds. Should you object to these Email Terms or become dissatisfied with the Email Service in any way, your only recourse is to immediately discontinue your use of the Email Service and terminate your account.
13. Severability
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.The terms of this section survive any termination of the Email Terms.
14. Modification & Amendments
Rebel reserves the right to amend at any time any policies governing this Email Service, including these Email Terms, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective upon posting. If you do not accept the amended terms, you should cease using this Email Service.
Back to Top
Schedule E: Terms and Conditions Applicable to all Web Site and Hosting Services
1. Definitions.
For purposes of this Schedule, the following capitalized terms shall have the meanings ascribed to them below:
1.1. "Rebel.com Corp. Web Site" means any pre-designed, customizable Rebel.com Corp. Web site template licensed by Rebel.com Corp. to end users.
1.2. "Subscription Service" means any of the Rebel.com Corp. subscription service packages that are available for purchase by end users on a monthly basis, for a monthly fee, that combine the Rebel.com Corp. Web Site license, the Web Site Manager Service and the Web Hosting Service, all as described on the Rebel.com Corp. Web site located at the URL www.rebel.com.
1.3. "Web Site Manager Service" means the Rebel.com Corp. on-line tool that allows customers to access their Rebel.com Corp. Web Site, add/modify content, upload images and make generic changes to their Rebel.com Corp. Web Site.
1.4. "Web Hosting Service" means the Web hosting services provided by a third party through Rebel.com Corp. as part of a Subscription Service.
2. Payment.
In addition to the payment terms u Section 4 under the Main Terms and Conditions of the Agreement, the following provisions shall also apply solely with respect to the Subscription Service:
2.1. Rebel in its sole discretion, shall determine the prices it will charge for the Subscription Service, and the terms and conditions applicable to the same, and Rebel.com Corp. may, upon providing thirty (30) days' notice to you, amend such pricing and/or terms and conditions. If you do not agree to the change(s), you may terminate your Subscription Service as provided in Section 5 of this Schedule within that thirty (30) days; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit card for the new monthly Subscription Service fee.
2.2 Billing for the Subscription Service will be by valid credit card (acceptable to Rebel Corp) at the time of purchase. If you elect to subscribe to a service that requires a monthly payment, your monthly payments for the same will be automatically charged to the credit card provided by you (and acceptable to Rebel Corp) at the time of your purchase (with such payments being charged in advance on a monthly basis), and you hereby agree that Rebel.com Corp. is authorized to so charge your credit card.
3. Conduct.
You agree to abide by the terms and conditions set forth herein and be bound by the applicable provisions of any applicable Rebel.com Corp. Acceptable Use Policy and other applicable Rebel policies and procedures, incorporated herein and made part of this Agreement by reference, in connection with your use of the services described in this Schedule. You are responsible for ensuring that your web site conforms to all local, state, federal and international laws. You are also responsible for ensuring that you have obtained authorization to use any copyright images, audio files, text or other web site elements that are not provided by Rebel. You warrant that the web site being hosted by Rebel.com Corp. will not be used in connection with any illegal activity and that it will not conflict with the legal rights of a third party or a third party's trademarks or trade name.
4. Rebel's Rights.
4.1 Rebel explicitly reserves the right and sole discretion to
4.1.1 suspend any web site (including indefinite suspension) without notice for non-payment of fees due hereunder;
4.1.2 censor any web site hosted that, in Rebel Corp's sole discretion, is deemed inappropriate;
4.1.3 review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels;
4.1.4 modify its pricing through email notification;
4.1.5 terminate your Subscription Service for unsolicited, commercial emailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that Rebel.com Corp. determines to be harmful to its other customers, operations, or reputation;
4.1.6 terminate Your Subscription Service if the contents of your web site result in, or are the subject of, legal action or threatened legal action, against Rebel.com Corp. or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
4.2 You agree you will not be entitled to a refund of any fees paid to Rebel if, for any reason, Rebel takes corrective action with respect to your improper or illegal use of the Subscription Service.
5. Cancellation.
You may cancel your Subscription Service at any time. To cancel your Subscription Service you must submit your written notice of cancellation to Rebel (as provided herein) and include the following information: (i) Your Rebel customer identification number and username; (ii) your Rebel Web Site Web address; and (iii) your reason for requesting cancellation. Unless terminated earlier as provided herein, your Subscription Service will be canceled as of the expiration of the monthly billing cycle in which your notice was received. In the absence of such written notice of cancellation, Rebel will automatically renew the Subscription Service indefinitely and will charge the credit card you have on file with Rebel , at Rebel then current rates.
6. Term and Termination.
6.1 Term: Your Subscription Service shall be on a month-to-month basis for successive monthly periods, unless either party notifies the other of termination in accordance with this Agreement.
6.2 Notice of Service Cancellation by You. Any termination of your Subscription Service must be in accordance with our cancellation policy. Unless terminated earlier as provided herein, this Schedule, and the Agreement (if you have no other services with Rebel Corp) will be terminated as of the expiration of the monthly billing cycle in which your cancellation notice was received and processed by Rebel
Back to Top
Schedule F: Terms and Conditions Applicable to the High Security Service
1. Rebel.com has introduced a "High Security" service to address issues of domain name security. The High Security service is provided to you as a courtesy and helps to prevent domains you have registered from being unintentionally transferred, deleted, or expired. Unless you inform Rebel that you do not want this service, you will be automatically enrolled for Rebel.com's High Security service. The High Security service includes "Registrar Lock" and "Auto-renewal", described below. Rebel.com may introduce additional security features in the future.
2. Registrar Lock
When High Security is enabled for a domain name, you are preventing registrars, other than Rebel.com, to transfer or modify your domain name. If you choose to transfer a domain to another registrar, you must log into your account and remove the lock prior to our receipt of the transfer request from the gaining registrar. This service is being provided as a convenience to you but in no way guarantees that a domain name will not be maliciously transferred to another registrar or registrant, due to technical and policy weaknesses in the worldwide domain name system or by Rebel.com's error. Rebel.com will, however, use commercially reasonable efforts in stopping any such transfer without your express consent. Please note that not all registries support the concept of a Registrar Lock in which case, High Security will not include a Registrar Lock.
3. Auto-renewal
3.1 When High Security is enabled for a domain, Rebel.com will attempt to renew the registration of a domain approximately 75 days prior to its expiry date. The renewal is for a one-year term and extends the existing registration period. For example, if the expiry date for your domain name is September 1, 2003, the new expiry date will be September 1, 2004. When High Security is enabled, you have authorized and consented to Rebel.com to automatically charge your credit card the then-current retail price for such one-year renewal. The automatic renewal service is provided as a convenience for you but in no way guarantees a desired renewal. It is your obligation to affirmatively renew any desired domain. In addition, Rebel.com has no obligation to attempt to renew your domain if your most recent credit card on file with us for your account is not accepted according to Rebel.com's payment processing systems. After your domains have been successfully renewed, you will receive a confirmation email. Note: The Auto-renewal process requires a valid credit card to be kept on file in your account. You will be notified if the Auto-renewal transaction is declined for any reason.
3.2 If you do not choose to have the High Security service as part of your Subscription Service, you must contact customer service by logging into your Rebel.com account at http://www.Rebel.com and disabling the High Security feature on those domains you choose not to protect. Your failure to expressly opt out of the High Security service constitutes your authorization and consent for Rebel.com to enable Registrar-Lock and Auto-renewal, and attempt to automatically charge your credit card the then-current retail price for such renewal.
3.3 You are solely responsible for the credit card and billing contact information you provide to Rebel.com and you acknowledge and agree that you will promptly inform Rebel.com of any changes thereto (e.g., change of expiration date or account number).
3.4 You are solely responsible for ensuring the security of your domains. REBEL.COM CORP. WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE HIGH SECURITY FEATURES, INCLUDING ATTEMPTED OR SUCCESSFUL TRANSFERS OF DOMAINS EVEN THOUGH THE HIGH SECURITY SERVICE IN ENABLED, OR RENEWAL OR ANY ATTEMPT TO RENEW DOMAINS AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN TRANSFERS, RENEWING OR ATTEMPTING TO RENEW THE DOMAINS. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
3.5 You understand and agree that the release, indemnity and other obligations in favour of Rebel and certain other persons in Section 14 of the Main Terms and Conditions apply to your use of the High Security feature.
Back to Top
Schedule G:Terms and Conditions applicable to .Asia Auction Participants and Registrants
1. Additional Definitions
1.1 Applicant means a natural or moral person seeking to use the services of the Registrar and/or Pool to become a Registrant of a .ASIA domain name, and the Applicant Party to this Agreement;
1.2 DotAsia means DotAsia Organisation Limited;
1.3 Participant means a natural or moral person whose name appears on the Registry qualified Auction list, and being the Applicant, or the Applicant's agent (e.g. the OPN Contact as defined by the Registry and/or the Registrar acting as agent for the Applicant), and who actively participates in the Auction;
1.4 Parties means the Registrar and the Applicant;
1.5 Party means either the Registrar or the Participant as the context requires;
1.6 Pool means Pool.com Inc., a Canadian corporation with offices at 26 Auriga Dr. Ottawa, ON, Canada, K2E 8B7 and the sole and exclusive party named by DotAsia to run .ASIA auctions;
1.7 Registrar means the Registrar party to this Agreement;
1.8 Registrar/Applicant Agreement means this Agreement entered into between the Registrar and the Applicant;
1.9 Registry means DOTASIA organization;
1.10 Registry Services Provider means Afilias Limited, a company incorporated under the laws of Ireland and having its principle offices at Office 110, 52 Broomhill Road, Tallaght, Dublin 24, its successors and assigns as designated by DotAsia.
2. Fees
On the application for registration of a domain name, we will charge you the Application Verification Fee as required by the Registry (applicable in Sunrise applications only), and a Processing Fee.
On the registration of a domain name, we will charge you a Registration Fee, an ICANN Fee and a Processing Fee.
In the event the domain name goes to an auction, we will charge you any and all auction fees related to the domain name you win, as such fees are charged to us by Pool.
3. Agency
Applicant agrees that any and all actions taken by the Participant are actions taken on the Applicant's behalf, and with its full authority, and it ratifies any and all such actions.
4. Contract for the Benefit of Third Parties
Applicant and Registrar acknowledge and agree that this Agreement is intended to be for the benefit of Pool and the Registry. For the avoidance of doubt, Applicant and Registrar acknowledge and agree that this agreement in no fashion binds or obligates Pool or the Registry.
5. Disclaimer of Warranty
APPLICANT ACKNOWLEDGES AND AGREES THAT THE POOL SERVICES ARE PROVIDED "AS IS," AND THAT POOL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY, NON-INFRINGEMENT OR EFFECTIVENESS OF SUCH POOL SERVICES OR THAT ANY OF SUCH POOL SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS HAVE OR WILL BE CORRECTED, OR THAT SUCH POOL SERVICES WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, POOL DISCLAIMS ALL WARRANTIES OF REASONABLE SKILL OR CARE. IN NO EVENT WILL POOL BE LIABLE TO REGISTRAR OR PARTICPANT FOR ANY FAILURE, DISRUPTION, DOWNTIME, INCORRECT LINKAGE OR OTHER NON-PERFORMANCE OF THE POOL SERVICES. POOL'S SOLE LIABILITY, AND REGISTRAR'S SOLE REMEDY, WITH RESPECT TO SUCH WARRANTY WILL BE POOL'S OBLIGATION TO CORRECT ERRORS WITH A LEVEL OF EFFORT COMMENSURATE WITH THE SEVERITY OF THE ERROR.
6. Limitation of Liability
IN NO EVENT WILL POOL'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FROM ANY CAUSE EXCEED $ 100.00.
IN ADDITION, IN NO EVENT WILL POOL, ITS AFFILIATES, OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES OR LOSS OF PROF¬ITS), EVEN IF POOL, ITS AFFILIATES, OR ANY OF THEIR RESPCETIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO POOL SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT.
POOL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING POOL SERVICES TO THE REGISTRAR OR ANY OTHER PERFORMANCE UNDER THIS AGREEMENT, INCLUDING DELAYS IN TRANSMISSION OF DATA.
7. Indemnity
Applicant will defend, indemnify and hold Pool, its officers, directors, shareholders, employees, contractors, agents, successors and assigns harmless against any liability, or any litigation cost or expense (including attorneys' fees), arising out of acts or omissions of the Applicant's and/or the Registrar's agents or employees, breach of any provisions of this agreement, or operation of the Applicant's and/or Registrar's business. Pool will provide the Applicant and Registrar with written notice of such claim. Applicant will not enter into any settlement or compromise of any claim subject to indemnification under this clause, without Pool's prior written permission, which permission shall not be unreasonably withheld or delayed.
You will indemnify, to the maximum extent permitted by law, defend and hold harmless the Registry, the Registry Service Provider, the Registrar and Pool, and their directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the your domain name registration and or use. This indemnification obligation shall survive the termination or expiration of the registration agreement.
8. Additional Registry imposed obligations
To the extent Registry Policies are applicable to or contemplate compliance by you, you are obligated in the manner set forth by the DotAsia Registry from time to time in the Registry Policies, to adhere to Registry Policies.
Furthermore, and in addition to the foregoing, you shall comply with / adhere to (as appropriate):
ICANN requirements, standards, policies, procedures, and practices for which DotAsia has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN;
Operational standards, policies, procedures, and practices for the .ASIA Registry established from time to time by DotAsia in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty (30) days' notice by DotAsia to Registrar
The following provision: "Notwithstanding anything in this Agreement to the contrary, DotAsia Organisation Limited ("DotAsia"), the Registry Operator of the .ASIA TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of DotAsia have vested and that DotAsia has relied on its third party beneficiary rights under this Agreement in agreeing to Rebel.com being a registrar for the .ASIA TLD. Additionally, the third party beneficiary rights of DotAsia shall survive any termination or expiration of this Agreement."
Consent to the use, copying, distribution, publication, modification and other processing of your Personal Data by DotAsia and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy;
Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP");
Submit to proceedings commenced under ICANN's Charter Eligibility Dispute Resolution Policy ("CEDRP");
Immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name;
Acknowledge and agree to comply with the .ASIA Charter Eligibility Requirement, including the following provision: "The Registrant Contact represents and warrants that it has made known to the Charter Eligibility Declaration Contact (CED Contact), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder's legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited's .ASIA Charter Eligibility Requirement Policy published from time to time.
Registered Name Holder acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.
Agree to be bound by the terms and conditions in the initial launch and general operations of the Registry TLD, including without limitation the Start-Up Policies. Where such terms and conditions include the submission to a binding arbitration for disputes arising from the Start-Up process or any allocation of domain names.
Acknowledge and agree that DotAsia and Registry Services Provider, acting in consent with DotAsia, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its sole discretion (i) to protect the integrity security, and stability of the registry; (ii) to comply with all appropriate laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of DotAsia as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein: or (v) to correct mistakes made by DotAsia, the Registry Services Provider or any registrar in connection with a domain name registration. DotAsia also reserves the right to freeze a Registered Name such as placing a domain name on hold, lock, or other status during the resolution of a dispute.
Submit to proceedings commenced under other dispute policies as set forth by DotAsia from time to time in the Registry Policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the .ASIA Registry.
Back to Top
Schedule H:Registry Operator Terms and Conditions Applicable to all .MOBI Registrations
Indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and 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 Registered Name Holder's domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement.
Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, 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 Registered Name Holder's domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement.
Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotMobi"), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotMobi have vested and that dotMobi has relied on its third party beneficiary rights under this Agreement in agreeing to Registrar being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotMobi shall survive any termination or expiration of this Agreement.
Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar.
Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy.
Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP").
Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name.
Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation:
(a) the ability or inability of a registrant to obtain a Registered Name during these periods,
and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration.
Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute.
Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotMobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotMobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.
Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.
Back to Top
Schedule I:Registry Operator Terms and Conditions Applicable to all .US Registrations
1. Information
(a) You, the Customer, will provide to Rebel accurate and reliable contact details and promptly correct and update such details during the term of the usTLD domain name registration, including: your full name, postal address, e¬mail address, voice telephone number, fax number if available, and if you are an organization, association, or corporation, the name of an authorized person for contact purposes. In addition, you will provide to Rebel, and will promptly correct and update, the IP address and corresponding names of the primary nameserver and secondary nameserver(s) for the usTLD domain name which is being registered (the “Registered Name”).
(b) You hereby acknowledge and agree that your willful or grossly negligent provision of inaccurate or unreliable information, or your willful or grossly negligent failure to promptly update information provided to Rebel shall constitute a material breach of your agreement with Rebel and be a basis for cancellation of the Registered Name.
2. Enforcement of Accurate Whois Data
(a) Rebel will investigate written complaints from third parties regarding false and/or inaccurate Whois data of Customers. If Rebel determines that your information is false, inaccurate or not up to date, Rebel will notify you via e-mail, and regular first class mail, that your Whois record may be false, inaccurate or not up to date.
(b) You will be required to update your contact information no later than thirty (30) calendar days from the date of such notice. If, within thirty (30) days, you can either (i) show that you have not provided false or inaccurate contact information or (ii) provide the updated Whois information, then you will be allowed to maintain your Registered Name. If, however, after thirty (30) days, you do not respond to Rebel's notice or are unable to provide true and accurate contact information, you will be deemed to have breached the registration agreement and Rebel will be required to delete the registration.
(c) Rebel shall not be required to refund any fees paid by you if Rebel terminates your registration agreement due to its enforcement of this provision.
3. Enforcement Licensing Use of Registered Name
(a) You hereby acknowledge and agree that if you license use of your Registered Name to a third party you nonetheless remain the registrant of record and are responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. If you are licensing use of a Registered Name you hereby accept liability for harm caused by wrongful use of the Registered Name, unless you promptly discloses the identity of the licensee to the party providing reasonable evidence of actionable harm.
4. No Infringement and Dispute Resolution
(a) You hereby represent that, to the best of your knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
(b) For the adjudication of disputes concerning or arising from use of a Registered Name, you hereby agree and covenant to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile, (2) where Rebel located, and 3) the United States.
5. Registration Subject to Policies and Procedures
(a) You hereby acknowledge and agree that your registration of the Registered Name is subject to suspension, cancellation, or transfer pursuant to any specification or policy adopted by the registry of usTLD's, Neustar, Inc., (the “Registry”), or pursuant to any Rebel procedure not inconsistent with a Registry adopted specification or policy, (1) to correct mistakes by Rebel or the Registry in registering the name or (2) for the resolution of disputes concerning the Registered Name.
(b) You hereby acknowledge and agree that the Registry reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration. The Registry also reserves the right to freeze a Registered Name during resolution of a dispute.
(c) You hereby agree to comply with all standards, policies, procedures and practices respecting the usTLD established by the Registry, the United States Department of Commerce (“DoC”), the usTLD Policy Council and ICANN (including without limitation ICANN policies pertaining to open country code TLDs).
6. Indemnification
(a) You hereby agree to indemnify and hold harmless the Registry and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to your (i) domain name registration and (ii) use of any Registered Name.
7. Nexus Requirements
(a) You hereby certify that you meet the following requirements (the “Nexus Requirements”) to qualify to register to use a Registered Name:
(i) The listed nameservers provided pursuant to Section 1 above are located within the United States of America; and
(ii) You are either:
(A) A natural person (i) who is a citizen or permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or
(B) An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories, or
(C) An entity or organization (including a federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States.
(b) You hereby acknowledge and agree that your failure to abide by the Nexus Requirements shall be a basis for cancellation of the Registered Name.
(c) You hereby agree and acknowledge that any dispute as to whether Nexus Requirements have been met shall be subject to the Nexus Dispute Policy of the Registry, the current version of which may be found at http://www.neustar.us/policies/. The registry reserves the right to modify the Nexus Dispute Policy at any time, and revisions will be posted at least 30 days before such revisions become effective.
Back to Top
Schedule J: TERMS AND CONDITIONS APPLICABLE TO REBEL.COM PRIVACY SERVICE
1. Rebel has introduced a "Privacy" service to address issues of domain name privacy. The Privacy service is provided for the applicable service fee(s) set forth on our website, and is available, depending on the option/fee plan selected by you, at either (a) the “domain” level (i.e., Privacy service activated only with respect to selected domains registered with Rebel) or (b) the “customer” level (i.e., Privacy service activated for all of the domain names in your account). When the Privacy service is enabled, a WHOIS query will show the following information (please note that even with the Privacy service enabled, your registrant name, administrative contact, technical contact and if applicable, billing contact will still be visible):
| Registrant: |
| Company Name: |
<Registrant Company Name> |
| Name: |
<Registrant Name> (c/o Rebel.com Privacy Services) |
| Address: |
26 Auriga Drive
Ottawa
Ontario
CA
K2E 8B7
|
| Phone: |
+1.6132211226 |
| Fax: |
|
| Email: |
<xxx>@rebelprivacy.com |
| Administrative Contact: |
| Company Name: |
<Admin Contact Company Name> |
| Name: |
<Admin Contact Name> (c/o Rebel.com Privacy Services) |
| Address: |
26 Auriga Dr.
Ottawa
Ontario
CA
K2E 8B7
|
| Phone: |
+1.6132211226 |
| Fax: |
|
| Email: |
<xxx>@rebelprivacy.com |
| Technical Contact: |
| Company Name: |
<Tech Contact Company Name> |
| Name: |
<Tech Contact Name> (c/o Rebel.com Privacy Services) |
| Address: |
26 Auriga Dr.
Ottawa
Ontario
CA
K2E 8B7
|
| Phone: |
+1.6132211226 |
| Fax: |
|
| Email: |
<xxx>@rebelprivacy.com |
| Billing Contact (Only shown in certain TLDs) |
| Company Name: |
< Billing Contact Company Name> |
| Name: |
<Billing Contact Name> (c/o Rebel.com Privacy Services) |
| Address: |
26 Auriga Dr.
Ottawa
Ontario
CA
K2E 8B7
|
| Phone: |
+1.6132211226 |
| Fax: |
|
| Email: |
<xxx>@rebelprivacy.com |
2. Good Faith. By enabling the Privacy service, you agree to use the domain name and associated websites in good faith. Without limiting the generality of the foregoing, you will not use the Privacy services for purposes of engaging in, participating in, sponsoring or hiding your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (a) appeal primarily to prurient interests; (b) defame, embarrass, harm, abuse, threaten, or harass; (c) violate state or federal laws of Canada and/or foreign territories; (d) involve hate crimes, terrorism or child pornography; (e) are tortious, vulgar, obscene, invasive of a third party's privacy, race, ethnicity, or are otherwise objectionable; (f) impersonate the identity of a third party; (g) harm minors in any way; or (h) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information. Any alleged misconduct in connection with your use of the domain name and/or the associated website in contravention of this Section 2 will be cause for termination of the Privacy service in accordance with Section 4 below.
3. Term of Service. Unless otherwise specified, and subject to earlier termination as contemplated by Section 2 and Section 4, the Privacy service will initially be activated for a one-year term. At the end of such one-year term, and at the end of each subsequent one-year term thereafter, the Privacy service will automatically renew for consecutive one-year terms at then current rates, unless you request cancellation of the Privacy service by notifying Rebel at least thirty (30) days before the end of the then-current term. You acknowledge and agree that in connection with any automatic renewal Rebel will attempt to charge the credit card you have on file at the then current rates, and you waive any requirement to obtain your ongoing affirmative consent to any such automatic renewal. It is your responsibility to keep your credit card information current and accurate, including the expiration date. If Rebel is unable to collect renewal or other fees, you agree that Rebel may contact you, but is not obliged to do so, and you agree that Rebel may suspend or terminate the Privacy service as a result of inability to obtain payment. FEES WILL NOT BE PRO RATED OR OTHERWISE REFUNDED IF THE PRIVACY SERVICE IS CANCELLED OR OTHERWISE TERMINATED BEFORE THE END OF THE THEN-CURRENT TERM. Without limiting the generality of the foregoing, you understand that the Privacy services term may be different than the registration term of a domain which is associated with the Privacy services. If a domain expires and is deleted before the end of the term of the associated Privacy services, then the Privacy services associated with the domain will end when the domain is deleted and you understand that there will be no refund for any resulting unused portion of a Privacy services term.
4. Disclosure and Termination. You agree that in the event:
(a) Rebel or its parent, subsidiary or affiliated companies, or their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors or assigns is threatened, receives a complaint, notice of action or any demand from a third party with respect to a domain name and/or associated websites for which the Privacy service is activated, or
(b) there is alleged infringement, abuse or misuse of, or activity of any nature that could result in loss or legal liability (civil or criminal) to Rebel or its parent, subsidiary or affiliated companies, or their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors or assigns with respect to a domain name and/or associated websites for which the Privacy service is activated, or
(c) you are not, in Rebel's opinion, using the Privacy service in good faith as required by Section 2,
you have provided us with your prior consent to disable the Privacy service and to disclose your technical and administrative contact information to any complainant or third party requesting such information and to make such information publicly available for a WHOIS query. You agree that no further prior authorization or approval from you or your agent is necessary for such disclosure. You understand and agree that Rebel.com is under no obligation to provide the Privacy service to you, and that Rebel.com may, in its sole discretion, for any reason or no reason, disable the Privacy service without notice or warning, either with respect to a specific domain name(s) or with respect to all domain names in your account (even if “customer” level Privacy service has been selected). YOU WILL NOT BE ENTITLED TO ANY FEE REFUND AS A RESULT OF DISCLOSURE OF YOUR ADMINISTRATIVE OR TECHNICAL CONTACT INFORMATION AND/OR TERMINATION OF THE PRIVACY SERVICE AS CONTEMPLATED BY SECTION 3 OR 4 HEREOF.
Without limiting the generality of the foregoing, Rebel shall be entitled to suspend access or service to your account in order to disable the Privacy service.
5. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, REBEL, ITS PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, AFFILIATES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE PRIVACY SERVICE, OR THE DISCLOSURE OF YOUR ADMINISTRATIVE OR TECHNICAL CONTACT INFORMATION AND/OR TERMINATION OF THE PRIVACY SERVICE AS CONTEMPLATED BY SECTION 3 OR 4 HEREOF. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
6. Indemnity, etc. You understand and agree that the release, indemnity and other obligations in favour of Rebel and certain other persons in Section 14 of the Main Terms and Conditions apply to your use of the Privacy service.
7. Accurate Information. As a condition of your use of the Privacy service, you agree to: (a) provide current, complete and accurate information about you as required by the domain name application and registration process; (b) maintain and update such information as needed to keep it current, complete and accurate; and (b) respond within five (5) calendar days to a request by us to update or confirm the accuracy of your information. We rely on this information to carry out our service for you and comply with the requirements of registries of domain names and to send you important information and notices regarding your account and our services. Any failure by you to provide or update such information or to respond to our request is a material breach of this Agreement.
8. Forwarded Information. You agree that Rebel may review communications sent to the email address associated with your Privacy service enabled domain. For communications received via certified or traceable courier mail (such as UPS or FedEx), or postal mail which does not appear to be unsolicited commercial mail, Rebel will make commercially reasonable efforts to either (a) forward such communication to you or (b) attempt to communicate to you a scanned copy of a page of the communication to ascertain whether you wish to receive the full communication. You specifically acknowledge that Rebel may elect to not forward to you (nor to otherwise communicate with you) regarding postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications (e.g., communications which offer or advertize the sale of goods or services or which solicit charitable contributions). You authorize Rebel to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded to you by Rebel, including failures which arise from Rebel's mistake in judging whether a communication appears to be an unsolicited communication. You agree that you will reimburse Rebel for any reasonable fees for administrative tasks outside the scope of regular services incurred as a result of your use of the Privacy service. These may include, but are not limited to, customer service issues that require personal service and disputes that require legal services.
9. In the event this Agreement or Schedule expires or terminates, Sections 4, 5, 6 and 8 of this Schedule shall survive such expiration or termination.
Back to Top