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Terms and Conditions of .IM Domain Name Registration

5 July 2006
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This contract includes:
the .IM Dispute Resolution Procedure (IM DRP)
and
the .IM Application rules (IM rules).
You can get copies of these from our website or from us. Other policies we
refer to do not form part of this contract and may change at any time.
Definitions of words used in this document can be found in the companion
document Glossary of Definitions.
Our responsibilities
1 We are the registry for the .im domain and we will carry out the general duties
that we believe the .im registry should.
This includes (among other things):
1.1 processing your application to register or renew a domain name in the
light of our IM rules, and your right (see condition 18) to renew;
1.2 maintaining overall ownership, control and responsibility for the register;
1.3 if we are listed as your agent or if it would be inappropriate for you to
ask your agent to act (see condition 3) making changes to the register at your
request or providing information about the .im domain name system;
1.4 if the domain name is not in a pending status, entering details about
the domain name into our name servers; and
1.5 publishing procedures for you to renew the domain name and for
recording a transfer, surrender or change of agent for the domain name.
Your responsibilities
2 You have various responsibilities set out generally in this contract. You must
also:
2.1 give and keep us notified of your correct name, postal address and any
phone, fax or e-mail information and those of your contacts (if you appoint any, see
condition 3.2). This duty includes responding quickly and correctly to any request from
us to confirm or correct the information on the register;
2.2 notify us at once about any court proceedings which involve the domain
name; and
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2.3 notify us of
name at all reasonable times.
Agent
3 For the security of your domain n
behalf.
we are satisfied that we have received a valid request from the right person.
documentary evidence
3.3 You will have a password to acce
identifier or a product of it was done
compromised or forgotten passwords.
the domain name so that, unless the matter relates to something covered by
from you. You should always contact your agent first with any request or question about your domain name or changes to it, as we will only act if we are satisfied that your agent cannot or will not. Be aware that your agent may be en
3.5 We may also specify other types of author
and whether they can take your place if we need to notify you. If you notify us that you want someone to represent you, you are giving them power to act and
agent is not allowed to do on your behalf or where we want to deal with you directly (or bo
Fees and payment 4.1 we may make a charge for any of the services we provide under this contract.
4.2 we do not have to start any process, including any change to the register, un
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for that action and any other fees that have not been paid for the domain name or things done with it – it is your duty to make sure that we are paid and that there is enough information with the
relating to the domain name remains unpaid after the deadline we have set; and 4.4
Your obligations
5 By entering into this contract you are committing to ensure that: 5.1 you (or you
5.2 any identity and contact information you (either yourself or through your agent) send us must be correct; 5.3 you will send us the info
5.4 by registering or using the domain name in any way, you will not infringe the intellectual property rights (for example, trademarks) of anyone else; 5.5 you are entitled to register the domain name; and 5.6 you have not registered the domain name in
6 Unless you are a consumer, you will pay us (including the current or past members of our Board of Directors) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that you have broken any of the commitments in condition 5.
7 Our right to rely on the commitments in condition 5 and indemnity in condition 6 will continue to be available after the domain name has been registered and will not be affected
Nature of domain n
8 A domain name is not an item of property and has no ‘owner’. It is an entry on our register Page 4 of 9
8.1 we will not be bound by, or record on the register, any mortgage-related obligations; 8.2 we own a
8.3 you should not rely on the registration or continued registration of the domain name until we confirm that any application you make has completed and
You should also note that under clauses 3 and 6 the Isle of Man has the right to withdraw a domain name if it is used for und
8.4 if you re
before 12:00pm will be processed on the first working day of receipt a
following receipt. Your chosen domain name is not reserved prior to manual registration being completed and it is possible that the
processed.
9 We may make your personal data available in the following ways, but n
9.1 include it on the register;
9.2 include it on the WHOIS. For these purposes we w
9.3 if they ask in writin
similar laws that replace or follow it), including government or law enforcement agencies; 9.4 give your persona
9.5 use it as set out in the IM DRP. 10 You may write to us to ask for a copy of the personal dat
explained in conditions 9 and 10. The dispute resolut
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12.1 the IM DRP and
which applies at the time that proceedings under the dispute resolution service sta
13 We (including in this case our directors, officers, staff of all types and any expert) will not: 13.1 be liable to you or anyone else for anything
lack of action is shown to have been in bad faith; and 13.2 be asked or forced to reveal information or materials which we gained as a result of the informal mediation stage of the dispute resolution service, unless ordered by a court with relevant jurisdiction. Cancelling or altering the domain name
you if:
14.1 we receive independent proof that you have provided significantly inaccurate, not correct, unreliable or false contact det
14.3 the domain name is being used in a way that is likely to
14.4 you have broken any of the conditions (including the IM rules, IM DRP) and (in the case of a matter which it is possible to put right and which is not covered by condition 4
put it in a pending status or prevent its ren
15.1 on your instructions (including the absence of instructions to renew - see condition 18), or by someone apparently acting for you (see co
15.2 if we reasonably believe that the contact details on the register for you are so inaccurate or false that we
15.3 if we reasonably belie
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(including any error in making
15.4 if you withdraw your permission to having your personal data displayed on the WHOIS;
15.5 to carry out the decision made under our dispute resolution procedure; or
must obey, or if not making the changes the court orders would be a contempt of court by us or you.
appointed to deal with your assets after you die does not transfer the domain name (either to themselves or someone else) within a year of your death (or the end of their appointment, whichever comes first).
17 If you are not an individual, this contract will end if you com
later restored by an official or court order or decision.
18 Unless ended earlier under this contract, we will enter your domain name on the register for the period purchased at the time of registration or rene
and in line with the conditions of this contract generally, yo
to people registering new domain names. The specific procedure which applies to renewals is set out on our website, or you can ask your agent.
19 We may transfer our rights and responsibilities under this contract to anyone else. 20 If you want to transfer your domain name to someone else, you must, as well as an
20.1 use our current published transfer process (see section 12 of the .IM Rules); and
20.2 make sure that the person taking over the domain name accepts what remains of this contract in full.
21 If you do not transfer your domain name (as needed by condition 20) there will be no valid transfer of this contract and domain name, and no documen
both) will have any effect.
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22 If you are a consumer, you may have a right to cancel this contract amending or replacing it. The right must be claimed within seven working days of the star
domain name and provide you or your agent (depending on who paid us) a full refund within 30
23 Nothing in these terms limits or excludes our liability for fraudulent misrepresentat
24 By registering the domain name, we are not acknowledging that you have any rights in any words within the domain name, and we are not authorising you to use the domain name as part of a business.
or otherwise, for: 25.1 any loss of profit, revenue or other type of
25.3 loss of expected savings or goodwill; or 25.4 any losses which a court categorises as ‘consequential’, or ‘indirect’ arising out of or in connection with the contract, including but not limited to: 25.4.1 any mistake or missing information in the register; an
25.4.2 loss of registration or use, or both (for whatever reason and whether
26 The law normally implies terms into con
27
28 Conditions 16, 17 and 2
General 29 If a court rules that a
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30 This contract does not give you any legal rights against other people who have registered .im domain names or give other people rights against us for any reason. 31 The internet is constantly changing and developing. As a result of this, we reserve the right to make reasonable changes to the terms of this contract (including the IM DRP a
advance) on our website and provide a link
about any changes. If you do not agree with any change to the conditions, you may notify us that you want to end the contract in at least 30 days’ time. In
32 Our address is Domicilium (IOM) Ltd, Domicilium House, 32-34 Malew Street, Castletown, Isle of Man, IM9 1AF, British I
local time) Monday to Friday, except for public holidays including those specific to the Isle of Man.
33 Except as set out in condition 3.4, or in the IM DRP, any notice to be given under the
33.1 be considered to have been s
e-mail address or fax number on the appropriate
33.2 apply from the date it was delivered, or if not delivered th
sure that it contains everything you want and nothing you are not prepared to agree to. These conditions, together with the IM rules
understandings and representations about this domain name, whether spoken or written.
35 We deal with a large number of domain names and we rely on you or other people to tell us about any changes to your personal i
this contract has ended, or should have been ended. Nothing we do, or do not do, during that period stops the contract from ending, stops us from ending it,
must be in the Manx courts.
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