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SCHEDULE
A - IP Claim Service - .biz Domain Registration
Terms
Of Use
THIS IS
A LEGALLY BINDING AGREEMENT BETWEEN GKG, INC. (“REGISTRAR”)
AND YOU, THE OWNER OF A REGISTERED OR COMMON LAW TRADEMARK
OR SERVICE MARK (“OWNER”) OR THE DULY AUTHORIZED
AGENT OF AN OWNER (“AGENT”) (COLLECTIVELY, “YOU”).THESE
TERMS OF USE ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
TERMS OF USE REGARDING USE OF THE REGISTRAR’S INTELLECTUAL
PROPERTY CLAIM SERVICE (THE “SERVICE”).
BY SELECTING
“I AGREE,” BY USING THE SERVICE OR BY SIGNIFYING
ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THESE
TERMS OF USE.IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF
USE, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST
DISCONTINUE ANY FURTHER USE.
The Service. Registrarprovides the Service to holders
of both registered and common law trademarks or service marks
(collectively “Trademarks”).During the domain name
application process, applicants for a .biz domain name (“Applicants”)
will be notified of an Owner’s alleged intellectual property
rights in a Trademark if the domain name contained in the
domain name application is an exact match of the Trademark
identified in an IP Claim (as defined below) submitted by
Owner.You may review frequently asked questions regarding
the Service by reviewing our FAQs.
Registration,
Password and Security.You must provide accurate, complete
and current registration information and must update this
information promptly if it changes.
You represent and warrant that You are at least eighteen (18)
years of age or older and are either an Owner or an Agent
duly authorized to represent an Owner(s) in connection with
the Service and submitting an IP Claim on behalf of an Owner(s).Agent
will indemnify and hold harmless Registrar and its officers,
directors, employees, agents, affiliates and subcontractors
for any claims brought by Owner or Third Parties relating
to the use of the Service.
License to Use Data / Privacy. By submitting an IP
Claim, You hereby grant Registrar, as well as any of its agents
or subcontractors, a limited, royalty-free, non-exclusive
worldwide license to use all of the data contained in the
IP Claim solely for the purposes of implementing the Service,
processing Your IP Claim, notifying Applicants of Your IP
Claim, and for notifying You of changes to the Service, for
archival purposes.
The
IP Claim Process. In order to submit a claim with respect
to a Trademark or Trademarks (“IP Claim”) through
the Service, You must complete an IP Claim form for each Trademark.For
each IP Claim, You must submit complete contact information,
representative contact information and notification details,
and the details regarding the Trademark.You may specify in
the representative field that an Agent may receive legal correspondence
regarding the IP Claim.Once You have submitted an IP Claim,
you will receive a confirmation email and a claim number.You
must retain the claim number for each IP Claim You submit.
Registrar will accept IP Claims until July 9, 2001, or such
later date as it may determine in its sole discretion (“Close
of Phase I”) and no IP Claims will be accepted after
that date.
From the
Close of Phase I until September 25, 2001 (“Phase 2”),
or such other later date as Registrar may choose, in its sole
discretion, the domain name applications from ICANN-approved
registrars (“Applications”) will be compared with
the database of IP Claims processed through the Service (“IP
Claim Database”).For each exact match between an IP Claim
in the IP Claim Database and a domain name application, the
Registry Operator for .Biz (“Registry Operator”)
will notify the Applicant that a third party or third parties
have submitted an IP Claim for the exact Trademark.The email
notification to the Applicant will include, among other things,
the information provided by Owner in the IP Claim, instructions
on how to proceed with the registration process, and that
if selected during the randomized name selection phase (“Name
Selection Phase”), the domain name will be placed on
a temporary thirty (30) day hold when the Registry goes “live.”The
Applicant will have the option to proceed with the Application
or cancel the Application.If the Applicant does not respond
to the email notification, or elects to cancel the Application,
the Applicant’s domain name application will not be processed
during the Name Selection Phase.If the Applicant chooses to
proceed with the registration process and the name is selected
during the Name Selection Phase, that domain name automatically
will be placed on a thirty (30) day “hold period”
when the name is registered.
After
Name Selection, the Owner will be notified by Registry Operator
if an Applicant has successfully registered the domain name.The
Owner will then have the option of contacting the Applicant
and finding a solution or using the guidelines set forth by
a special dispute resolution process called the Start-up Trademark
Opposition Policy (“STOP”)(formerly referred to
as the Start-up Dispute Resolution Policy or “SUDRP”)
(“information available at http://www.neulevel.com/countdown/stop.html,
or the Uniform Domain-Name Dispute Resolution Procedures (“UDRP”)
(information is available at http://www.icann.org/udrp/udrp-policy-24oct99.htm).
You will
not be notified if there are no Applications that exactly
match an IP Claim You submitted in the IP Claim Database.
USE OF
THE SERVICE DOES NOT GUARANTEE THAT AN OWNER WILL BE AWARDED
THE .BIZ EXTENSION FOR ITS TRADEMARK.AN OWNER THAT WISHES
TO OBTAIN A .BIZ EXTENSION FOR ITS TRADEMARK MUST FILE A DOMAIN
NAME APPLICATION.
DOMAIN
NAME APPLICANTS WILL ONLY BE NOTIFIED OF APPLICATIONS THAT
ARE EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN AN IP CLAIM
FORM.REGISTRAR WILL NOT VERIFY WHETHER A TRADEMARK CLAIMED
ON AN IP CLAIM FORM CORRESPONDS WITH AN ACTUAL, LEGAL OR VALID
TRADEMARK, NOR WILL REGISTRAR PROVIDE ANY LEGAL OVERSIGHT
OR ADJUDICATION FOR ANY DISPUTED INTELLECTUAL PROPERTY IMPLICATED
BY THE SERVICE.
Conduct. You may access and use the Service for lawful
purposes only and you are solely responsible for the knowledge
and adherence to any and all laws, statutes, rules and regulations
pertaining to Your use of the Service.You agree that You will
not (i)use the Service to commit a criminal offence or to
encourage conduct that would constitute a criminal offence
or give rise to a civil liability, or otherwise violate any
local state, Federal or international law or regulation; (ii)upload
or otherwise transmit any content that You do not have a right
to transmit under any law or contractual or fiduciary duty;
(iii)interfere or infringe with any trademark or proprietary
rights of any other party; (iv)interfere with the ability
of other users to access or use the Service; (v)claim a relationship
with or to speak for any individual, business, association,
institution or other organization for which You are not authorized
to claim such a relationship; (vi)interfere with or disrupt
the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations
of networks connected to the Service; or (vii)reproduce, duplicate,
copy, use, distribute, sell, resell or otherwise exploit for
any commercial purposes any portion of the Service.
Fees.
As consideration for the Service, You agree to pay Registrar,
or its agents or subcontractors, as the case may be, an IP
Claim fee for each IP Claim submitted through the Service
by credit card through its online payment system.Such fee
shall be due immediately and is non-refundable.Registrar,
or its agents or subcontractors, may take all remedies to
collect fees owed.Registrar, or its agents or subcontractors
may require you to submit and pay for each IP Claim individually
or it may allow you store up a certain number of IP Claims
before submitting them for processing.Once you have stored
that number of IP Claims, you may not be able to store any
additional IP Claims and may need to submit them for processing
and pay the applicable fee before obtaining additional storage
space.No refunds are permitted.
Agents.
You agree that, if Your agent (e.g., an attorney, employee,
etc.) submits an IP Claim on Your behalf, You are nonetheless
bound as a principal by all Terms of Use herein. Your continued
use of the Services shall ratify any unauthorized actions
of Your agent. By acting on Your behalf, Your agent certifies
that he or she is authorized to use the Service on Your behalf,
that he or she is authorized to bind You to these Terms of
Use and that he or she has apprised You of these Terms of
Use of this Agreement.In addition, You are responsible for
any errors made by Your agent.Registrar will not refund fees
paid by You or Your agent on Your behalf for any reason, including,
but not limited to, in the event that Your agent fails to
comply with these Terms of Use, Your agent incorrectly provides
information in the IP Claim process or if Your agent changes
or otherwise modifies Your IP Claim incorrectly.
Copyright.
You acknowledge that the Service, any underlying technology
used in connection with the Service, and all software, material,
information, communications, text, graphics, links, electronic
art, animations, audio, video, photos, and other data (collectively,
the “Content”) available within the Service are
provided by Registrar or third-party providers and are the
copyrighted works of Registrar and/or such third parties.Except
as expressly authorized by Registrar or such third parties
in these Terms of Use or as may be posted on the Service,
You may not copy, reproduce, publish, distribute, modify,
create derivative works of, rent, lease, sell, transfer, display,
transmit, compile or collect in a database, or in any manner
commercially exploit any part of the Content or the Service,
in whole or in part.You may not store any significant portion
of any Content or the Service owned by, or licensed to Registrar
in any form, whether archival files, computer-readable files,
or any other medium.You also may not “mirror” any
Content or the Service on any other server.
Registrar encourages you to download and print a reasonable
number of copies of an IP Claim for non-commercial, internal
use only; provided that (i)any permitted copies contain, in
unmodified form, any copyright or other proprietary rights
notices and an original source attribution to the Service;
and (ii)no modifications are made except as may be expressly
provided by Registrar.
Links. Some links on the Service lead to sites posted
by independent site owners.Because Registrar has no control
over these sites, it cannot be responsible for such sites’
accessibility via the Internet and does not endorse products,
services, or information provided by such sites.As such, Registrar
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with, use or reliance on any content, goods
or services available on or through any other site.Further,
the inclusion of these links does not imply that the other
sites have given permission for inclusion of these links,
or that there is any relationship between Registrar and the
linked sites.
Disclaimer
of Warranty, Limitation of Liability. YOU AGREE THAT YOUR
ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK.NEITHER
REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS,
OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY,
RELIABILITY, OR CONTENT WITHIN THE SERVICE.
THE SERVICE IS PROVIDED ON AN “AS IS, “AS AVAILABLE”
BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND
NON-INFRINGEMENT.
IN NO
EVENT WILL REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS,
MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS
OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
(EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
OUT YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE,
INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED
PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES
THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED
USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN
OPERATION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED
TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS, PROGRAMS OR
SERVICES.YOU AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY
REPRESENT A REASONABLE ALLOCATION OF RISK.
IN NO
EVENT, SHALL REGISTRAR BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING
THE AMOUNT OF FEES PAID BY YOU FOR THE APPLICABLE IP CLAIM.
Indemnification. You agree to indemnify and hold harmless
Registrar and its parents, subsidiaries, shareholders, members,
officers, directors, employees, affiliates, agents and subcontractors
from any claim or demand, including reasonable attorney’s
fees made by any third party due to or arising out of Your
use of the Service, your breach of these Terms of Use, any
Content submitted to the Service, or any disputes involving
the intellectual property rights of the Trademarks.
Modifications
to the Service. Registrar reserves the right at any time
and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or
without notice.You agree that Registrar will not be liable
to You or to any third party for any modification, suspension,
or discontinuation of the Services.
Termination.
You may discontinue Your participation in and access to the
Service at any time.These Terms of Use will continue to apply
to all past use of the Service by You, even if You are no
longer using the Service.You acknowledge and agree that Registrar
may terminate or block Your use of all or part of the Service
without prior notice for any reason, including, without limitation,
if Registrar believes You have engaged in conduct prohibited
by these Terms of Use.You agree that upon termination or discontinuance
for any reason, may delete all information related to You
on the Service and may bar Your access to and use of the Service.
Governing
Law. These Terms of Use shall be governed by and construed
in accordance with the laws of the Province of Ontario, without
regard to its principles of conflicts of law.
Changes
to the Terms of Use. Registrar reserves the right to modify
the Terms of Use at any time and from time to time.Any modifications
shall be effective upon the posting of the modified Terms
of Use at http://ipclaims.neulevel.com/legal/conditions.php.You
agree to review these Terms of Use periodically so that You
are aware of any modifications.Your continued use of the Service
shall be deemed Your acceptance of the modified Terms of Use.
Severability.
In the event that any provision of these Terms of Use shall
be unenforceable or invalid under any applicable law or be
so held by applicable court decision, such unenforceability
or invalidity shall not render this Agreement unenforceable
or invalid as a whole, and, in such event, such provision
shall be changed and interpreted so as to best accomplish
the objectives of such provision within the limits of applicable
law or applicable court decision.
Third
Party Beneficiary. Registry Operator (“NeuLevel”)
is an intended third party beneficiary of these Term and Conditions
with rights to enforce these Terms of Use.You will cooperate
in good faith with NeuLevel or Registrar in investigating
instances of non-compliance with these Terms of Use, if NeuLevel
or Registrar believes in good faith that you are not in compliance
with these Terms of Use.
Subcontractors.
In the course of providing the IP Claim Service, Registrar
may retain independent contractors or assign or subcontract
to or otherwise have any third party perform any or all of
the IP Claim Service at any time, provided that Registrar
shall continue to remain responsible for full performance
of any such duties to the same extent as if it had performed
the IP Claim Service itself.
Entire
Agreement. These Terms of Use completely and exclusively
state the agreement of the parties regarding the subject matter,
and supersede all prior agreements and understandings, whether
written or oral, with respect to the subject matter of these
Terms of Use.
Modifications
to your Account. In order to change any of your account
information with Registrar, you must use the Account Identifier
and Password selected when you opened your account with Registrar.You
agree to safeguard your Account Identifier and Password from
any unauthorized use.In no event shall Registrar be liable
for the unauthorized use or misuse of your Account Identifier
or Password.
Breach.
You agree that failure to abide by an provision of this Agreement,
any operating rule or policy or the Dispute Policy provided
by Registrar, may be considered by Registrar to be a material
breach and that Registrar may provide a written notice, describing
the breach, to you.If within thirty (30) calendar days of
the date of such notice, you fail to provide evidence, which
is reasonably satisfactory to Registrar, that you have not
breached your obligations under the Agreement, then Registrar
may delete the registration or reservation of your domain
name.Any such breach by you shall not be deemed to be excused
simply because Registrar did not act earlier in response to
that, or any other breach by you.
No
Guarantee. You acknowledge that reservation of your IP
Claim name does not confer immunity from objection to either
the registration, reservation, or use of the domain name.
Right
of Refusal. Registrar, in its sole discretion, reserves
the right to refuse to register or reserve your IP Claim name
or register you for other services.You agree that Registrar
shall not be liable to you for loss or damages that may result
from its refusal to register, reserve or delete your IP Claim.
Registrar reserves the right to delete or transfer your IP
Claim within a thirty (30) day period following receipt of
the application if it believes the IP Claim has been made
possible by a mistake, made either by Registrar or by a third
party.
SIGNED:
_______________________________
NAME:
_________________________________
DATE:
_________________________________
The above
agreement must be signed, dated and delivered to PressAid prior to any .biz domain registrations being entered on your
behalf.
PressAid,
ltd
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