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Domain Name Policy



The term "you" shall refer to yourself.  By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent.  You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you've established with Host'n'Domain.com, whether or not the transactions were in your behalf.

To complete the registration process, you must read this entire agreement, as well as our dispute policy and agree to be bound by all the terms and conditions.  You acknowledge that Host'n'Domain.com is a registrar bound by an agreement between Host'n'Domain.com and the Internet Corporation for Assigned Names and Numbers ("ICANN").  You agree that Host'n'Domain.com may modify this agreement in order to comply with applicable law and the terms and conditions set forth by ICANN.

.edu.pk Domain Registration

The domain registrant for .edu.pk domain extensions must be a bona fide educational institute, with sizeable active student enrollment. PKNIC (PK domains registrar) requires an evidence of Educational Institute with active student enrollment for .edu.pk domains. This can be a letter or registration certificate by a Government education department, tax ID certificate for a commercial education institute bearing the name of the institute matching the domain name, a prospectus for student admissions, etc. The .edu.pk domain name must match or be an acceptable derivation of the verified educational institute in the registrant name.



1. FEES

In consideration for the services and products ("service") purchased by you and provided to you by Host'n'Domain.com, you agree to pay Host'n'Domain.com at the time service is provided.  Payment is due each anniversary year following the date the account was established.

Domain Name Renewals.  When You register a domain name, You have the option to elect that the domain name be automatically renewed upon reaching the expiration date.  If You elect the automatic renewal option, Host'n'Domain.com will automatically renew, for a period of one year, any domain name that is up for renewal and will charge the credit card you have on file with Host'n'Domain.com, at Host'n'Domain.com's then current rates.  Domain name renewals will be non refundable.  If for any reason Host'n'Domain.com is not able to charge the credit card you have on file, and you fail to respond to our notices, your domain name registration will expire.  It is your responsibility to keep your credit card information current, including the expiration date.  If You do not elect that the domain name be automatically renewed, You have the responsibility of logging into your account manager for that domain name and manually implementing the renewal by the expiration date (should you in fact want the domain name to be renewed).  In this case, if you fail to manually implement the renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that name.  You agree that Host'n'Domain.com will not be responsible for cancelled domain names that You fail to renew, either automatically or manually.

2. TERM OF AGREEMENT; MODIFICATIONS

The term of this agreement shall continue in full force and effect as long as you have any domain name registered through Host'n'Domain.com.  You agree that you will not transfer any domain name registered through Host'n'Domain.com to another domain name registrar during the first sixty (60) days from its initial registration date.

You agree that Host'n'Domain.com may modify this agreement from time to time.  Host'n'Domain.com may also discontinue services it provides under this agreement.  You agree to be bound by any changes Host'n'Domain.com may reasonably make to this agreement when such changes become effective.  Should you elect to cancel your agreement with Host'n'Domain.com you will not receive a refund for any fees you may have paid to Host'n'Domain.com.

You agree that Host'n'Domain.com shall not be bound by any representations made by third parties who you may use to purchase services from Host'n'Domain.com, and that any statements of a general nature, which may be posted on Host'n'Domain.com's web site or be contained in Host'n'Domain.com's promotional materials, will not bind Host'n'Domain.com.

3. UP TO DATE INFORMATION; USE OF INFORMATION


You agree to notify Host'n'Domain.com within 5 business days when any of the information you provided as part of the application and/or registration process changes.  It is your responsibility to keep this information in a current and accurate status.  Failure by you, for whatever reason, to provide Host'n'Domain.com with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement.  Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Host'n'Domain.com to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement.

You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:

The domain name
Your name and postal address
The email address, postal address, voice and fax numbers for technical and administrative contacts
The Internet protocol numbers for the primary and secondary name servers
The corresponding names of the name servers
The original date of registration and expiration date

You agree that, to the extent permitted by ICANN, Host'n'Domain.com may make use of the publicly available information you provided during the registration process.

If you engage in the reselling of domain names you agree to provide any individuals whose personal information you've obtained, information about the possible uses of their personal information pursuant to ICANN policy.  You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

4. DISPUTE RESOLUTION POLICY


You agree to be bound by our current Dispute Resolution Policy.  This policy is incorporated herein and made a part of this agreement.  Our current dispute policy can be found on our web site at http://www.hostndomain.com/domdisppolicy.htm

You agree that Host'n'Domain.com may from time to time modify its Dispute Resolution Policy.  Host'n'Domain.com will post any changes to its Dispute Resolution Policy at least 30 days before they become effective.  You agree that by maintaining your domain name registrations with Host'n'Domain.com after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended.  You agree to review Host'n'Domain.com's web site periodically to determine if changes have been made to the Dispute Resolution Policy.  If you cancel your agreement with Host'n'Domain.com as a result of the modified Dispute Resolution policy no fees will be refunded to you.

You agree that if a dispute arises as a result of one or more domain names you have registered using Host'n'Domain.com, you will indemnify, defend and hold Host'n'Domain.com harmless as provided for in this agreement.  You also agree that if Host'n'Domain.com is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using Host'n'Domain.com, that Host'n'Domain.com, in its sole discretion, may take whatever action Host'n'Domain.com deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.  In this event you agree to hold Host'n'Domain.com harmless for any action taken by Host'n'Domain.com.

5. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES


If you transfer any domain name you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement.  You may view the current version of our Domain Transfer Agreement at: http://www.hostndomain.com/domtranspolicy.htm

You agree to inform any customer of yours, who may be acquiring a domain name through you using Host'n'Domain.com's registration services, that they are in fact registering their domain name through Host'n'Domain.com and that Host'n'Domain.com is an accredited registrar with ICANN.  You agree not to represent that you are an ICANN accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry.  You also agree not to use the ICANN trademark logo in any of your promotional materials including your web site.

You agree to obtain each of your customers' acceptances of Host'n'Domain.com's then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years.  Should you require that your customer's accept additional terms and conditions that are not required by Host'n'Domain.com, you agree that such additional terms and conditions shall not conflict with Host'n'Domain.com's Domain Registration Agreement and the policies and business procedures adopted by ICANN.

You agree that Host'n'Domain.com is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right.  Furthermore, You agree You will not attempt to gain access to Host'n'Domain.com's registrar connections or registry access.  You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database.

You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process.  Upon receiving corrected or updated information you will, within 5 business days, provide such information to Host'n'Domain.com so Host'n'Domain.com may update its registration records.  You will retain copies of all communications between you and your customers and will upon request provide Host'n'Domain.com copies of same.

6. SUSPENSION OF SERVICES; BREACH OF AGREEMENT


You agree that, in addition to other events set forth in this agreement, your ability to use any of the services provided by Host'n'Domain.com is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN.

You agree that your failure to comply completely with the terms and conditions of this agreement and any Host'n'Domain.com rule or policy may be considered by Host'n'Domain.com to be a material breach of this agreement and that Host'n'Domain.com may provide you with notice of such breach either in writing or electronically (i.e. email).  In the event you do not provide Host'n'Domain.com with material evidence that you have not breached your obligations to Host'n'Domain.com within ten (10) business days, Host'n'Domain.com may terminate its relationship with you and take any remedial action available to Host'n'Domain.com under the applicable laws.  Such remedial action may be implemented without notice to you and may include, but is not limited to, canceling the registration of any of your domain names and discontinuing any services provided by Host'n'Domain.com to you.  No fees will be refunded to you should your agreement be cancelled or services be discontinued because of a breach.  Host'n'Domain.com's failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.

7. RESTRICTION OF SERVICES; RIGHT OF REFUSAL

You agree not to use the services provided by Host'n'Domain.com, or to allow or enable others, to use the services provided by Host'n'Domain.com for the purposes of:

The transmission of unsolicited email (SPAM)
Repetitive, high volume inquires into any of the services provided by Host'n'Domain.com (i.e. domain name availability, etc.).

You agree that Host'n'Domain.com, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. Host'n'Domain.com also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place. Host'n'Domain.com may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event Host'n'Domain.com refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to Host'n'Domain.com in connection with the registration either being canceled or refused. In the event Host'n'Domain.com deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.

8. LIMITATION OF LIABILITY


You agree that Host'n'Domain.com's entire liability to you under this agreement, and your only remedy, in connection with any service provided by Host'n'Domain.com to you under this agreement, and for any breach of this agreement by Host'n'Domain.com, shall be limited to the fees you paid to Host'n'Domain.com for the particular service in contention.

Host'n'Domain.com AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF Host'n'Domain.com'S SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES.  BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, Host'n'Domain.com'S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

Host'n'Domain.com DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:

  1. access delays or interruptions to our web site or domain name registration system
  2. data non-delivery or misdelivery between you and Host'n'Domain.com
  3. events beyond our control (i.e. acts of God)
  4. the loss of registration or processing of a domain name or the use of a domain name
  5. the failure for whatever reason to renew a domain name registration
  6. the unauthorized use of your account with Host'n'Domain.com or any of the services provided to you by Host'n'Domain.com
  7. errors, omissions or misstatements
  8. deletion of, failure to store, or failure to process or act upon email messages
  9. processing of updated information to your registration record
  10. development or interruption of your web site
  11. errors taking place with regard to the processing of your application
  12. application of Host'n'Domain.com's Dispute Resolution Policy
  13. any act or omission caused by you or your agent (whether authorized by you or not)
9. INDEMNITY

You agree to release, defend, indemnify and hold harmless Host'n'Domain.com and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with Host'n'Domain.com whether or not on your behalf, and whether or not with your permission) use of the services provided by Host'n'Domain.com.  Should Host'n'Domain.com be notified of a pending law suit, or receive notice of the filing of a law suit, Host'n'Domain.com may seek a written confirmation from you concerning your obligation to indemnify Host'n'Domain.com.  Your failure to provide such a confirmation may be considered a breach of this agreement.

10. REPRESENTATIONS AND WARRANTIES

You warrant that all information provided by you as part of the registration process is complete and accurate.  You also warrant that each registration you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name.  You also warrant that the domain name being registered will not be used in connection with any illegal activity.

You agree that Host'n'Domain.com makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to you against the possibility of objection to, or challenge of, the registration or use of any domain name you register with Host'n'Domain.com.

Host'n'Domain.com expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Host'n'Domain.com, as well as its affiliates, subsidiaries, officers, directors and employees.  Host'n'Domain.com also reserves the right to freeze a domain name during resolution of a dispute.

11. DISCLAIMER OF WARRANTIES.


WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

12. SEVERABILITY; ENTIRETY

You agree that the terms of this agreement are severable.  If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement.  The remaining terms and conditions of the agreement will remain in full force and effect.

You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between you and Host'n'Domain.com regarding the services contemplated herein.

13. VENUE; WAIVER OF TRIAL BY JURY

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF ARIZONA.  EXCEPT FOR DISPUTES CONCERNING THE USE OF A DOMAIN NAME REGISTERED WITH Host'n'Domain.com, THE LAWS AND JUDICIAL DECISIONS OF MARICOPA COUNTY, ARIZONA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF MARICOPA COUNTY, ARIZONA.

FOR THE ADJUDICATION OF DISPUTES CONCERNING THE USE OF ANY DOMAIN NAME REGISTERED WITH Host'n'Domain.com, YOU AGREE TO SUBMIT FOR JURISDICTION AND VENUE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF ARIZONA LOCATED IN PHOENIX, ARIZONA.

YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

14. NOTICES

You agree that all notices (except for notices concerning breach of this agreement) from Host'n'Domain.com to you may be posted on our web site and will be deemed delivered within thirty (30) days after posting.  Notices concerning breach will be sent either to the email address you have on file with Host'n'Domain.com or mailed first class postage to the postal address you have on file with Host'n'Domain.com.  In both cases, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from you to Host'n'Domain.com shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
  Host'N' Domain
  Domain Transfers
Suite # 404, 4th Floor,
Balad Trade Centre,
Near Bahar-e-Shariat Mosque,
Alamgir Road, BAHADURABAD,
Karachi - Pakistan

Delivery shall be deemed to have been made by you to Host'n'Domain.com five (5) days after the date sent.

15. PROVISIONS SPECIFIC TO .COM, .NET, .ORG, and .CC REGISTRATIONS

Indemnification. You agree to indemnify, defend and hold harmless VeriSign, Inc. and its directors, officers, employees, agents, and affiliates 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.

16. PROVISIONS SPECIFIC TO .WS (WebSite) REGISTRATIONS

Indemnification. You agree to indemnify, defend and hold harmless Global Domains International, Inc., and its directors, officers, employees, agents, and affiliates 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.

17. ADDITIONAL REQUIREMENTS FOR .INFO REGISTRANTS

If you are registering a .info domain name you also agree to:

(i) consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the .info Registry Operator and its designees and agents;
(ii) submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
(iii) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
(iv) acknowledge that the Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush 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 over a Sunrise Registration.

18. ADDITIONAL REQUIREMENTS FOR .BIZ REGISTRANTS

If you are registering a .biz domain name you also agree to:

BIZ RESTRICTIONS
Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions (“Restrictions”), “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
(a)  To exchange goods, services, or property of any kind;
(b)  In the ordinary course of trade or business; or
(c)  To facilitate
(i) the exchange of goods, services, information, or property of any kind; or,
(ii) the ordinary course of trade or business.
Registering a domain name solely for the purposes of
(1) selling, trading or leasing the domain name for compensation, or
(2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.

BIZ CERTIFICATION
As a .biz domain name registrant, you hereby certify to the best of your knowledge that:
(a)  The registered domain name will be used primarily for bona fide business or commercial purposes and not
(i) exclusively for personal use; or
(ii) solely for the purposes of
(1) selling, trading or leasing the domain name for compensation, or
(2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
(b)  The domain name registrant has the authority to enter into the registration agreement; and
(c)  The registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.

RESERVATION OF RIGHTS
Host'n'Domain.com Domains, Inc. and the .biz Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Host'n'Domain.com Domains, Inc. and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Host'n'Domain.com Domains, Inc. and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

19. PROVISIONS SPECIFIC TO .US REGISTRATIONS


You, the Registrant, shall indemnify and hold harmless NeuStar, the .US 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 the Registrant’s (i) .US domain name registration and (ii) use of any .US registered domain name.

The Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a .US domain name.

  A. Registrants must be either:

 

   1.  A natural person (i) who is a United States citizen, (ii) who is a 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;
   2.  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 (including a federal, state, orlocal government of the United States, or a political subdivision thereof, and non-commercial organizations based in the United States), or;
   3.  A foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories that also (i) regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the Unites States, or (ii) maintains an office or other property within the United States.

  B. The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories.

Registrant further certifies that Host'n'Domain.com Domains, Inc. has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willing volunteered such information. Registrant understands and agrees that such information will be verified and will be shared with the .US Registry.

Registrant understands and agrees that if such information cannot be verified, or if Registrant fails to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.

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