| 1.1 |
The Applicant is responsible for the selection of
its own domain name and by submitting its application,
the Applicant represents that:
(a) the registration of the domain name and any other
listing information, to the best of the Applicant's
knowledge, does not interfere with or infringe upon
the rights of any third party;
(b) the registration will not be used for an unlawful
purpose;
(c) the information provided in its application is
accurate. Any information in the application found to
be false may lead to the cancellation of the registration.
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| 1.2 |
NIC.IO has no obligation to verify any information submitted
to it by any Applicant and may rely upon the above representations. |
| 1.3 |
The Applicant shall hold NIC.IO and any of its directors,
officers, employees and agents harmless from any claim
by a third party arising out of or in connection with
the registration or use of a domain name or any other
listing information. |
| 2.1 |
NIC.IO shall not act as arbiter of disputes between
the Applicant and a third party arising out of or in connection
with the registration or use of a domain name or any other
listing information. |
| 2.2 |
The Applicant shall promptly notify NIC.IO of the commencement
of any legal proceedings arising out of or in connection
with the registration or use of a domain name or any other
listing information. Following such notification, no copies
of any communications between the parties to such proceedings
shall be transmitted to NIC.IO. |
| |
The Applicant submits to the non-exclusive jurisdiction
of the English courts for purposes of any court action
brought against the Applicant arising out of or in connection
with the registration or use of a domain name and the
Applicant waives all rights to challenge such jurisdiction. |
| 3.2.1 |
Any third party may bring a claim against the Applicant
arising out of or in connection with the registration
or use of a domain name or any other listing information
before a WIPO
(“World Intellectual Property organisation”)
Arbitrator in accordance with the WIPO Expedited Arbitration
Rules, As Adapted. |
| 3.2.2 |
The proceedings before the WIPO Arbitrator shall be
initiated by the filing of a Request for Arbitration with
the WIPO Arbitration and Mediation Center. |
| 3.2.3 |
Without prejudice to any determination of the WIPO
Arbitrator with respect to the appointment of the costs
of the arbitration and the provision of security for claims
and costs in accordance with the WIPO Expedited Arbitration
Rules, As Adapted, the remedies that may be awarded by
the WIPO Arbitrator shall be limited to: (1) the provisional
suspension of a registration for the duration of the proceedings,
(2) the cancellation of a registration, and (3), subject
to the agreement of the parties, a modification of the
registration. |
| 4. |
NIC.IO is bound to implement any order or decision
of a court that is enforceable against it and any order
or decision of a WIPO Arbitrator. The Applicant waives
any right to pursue a claim against NIC.IO arising out
of or in connection with the implementation by NIC.IO
of any such order or decision, including the right to
seek an injunction barring their implementation. The Applicant
also shall hold NIC.IO and any of its directors, officers,
employees and agents harmless from any such claim by a
third party. |
| 5. |
Where NIC.IO has been notified that legal proceedings
have been commenced in relation to an Applicant’s
entry, NIC.IO shall have the right to attach a notice
to this effect to such entry and to bar the Applicant
from modifying the entry during the course of the proceedings. |
| 6.1 |
All notices in a WIPO arbitration shall be in accordance
with the relevant provisions of the WIPO Expedited Arbitration
Rules, As Adapted. |
| 6.2 |
All notices in other legal proceedings shall be in writing
and shall be delivered by hand, fax transmission, registered
mail or other means of communication that provide a record
thereof. |
| 6.3 |
The Applicant is under the obligation to keep its contact
details and in particular the e-mail address of its
Administrative Contact specified in the Applicant's
registration at all times up to date in accordance with
article 4.2 of the Terms and Conditions. The Applicant
acknowledges that such e-mail address may be relied
upon for the purpose of serving any notices concerning
a dispute under the provisions of this Policy and, in
particular, for the purpose of serving the Request for
Arbitration.
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