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AGN Domain Name
Services, Inc |
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AGN Domain Name
Services, Inc |
[1]. INTRODUCTION
American Webmasters, Inc, d/b/a AGN Domain Name Services Inc (AGN-DNS) (a Michigan Corporation), hereafter referred to as REGISTRAR can be reached in the following way:
AGN Domain Name Services, Inc.
P.O. Box 763
Portage, IN
USA
48368-0763
Tel. +1 312 527 6120
E-Mail: info@ADNS.NET
Billing Questions: billing@ADNS.NET
Web Page: http://www.adns.net
Besides being a registrar, AGN-DNS is also the holder of the USA, EARTH, Z, LION and AMERICA TLDs. This Registration Agreement ("AGREEMENT") is an agreement between REGISTRAR and domain registration customers (referred to hereafter as "APPLICANT" or "REGISTRANT") and sets forth the terms and conditions of the use of REGISTRAR's domain name registration services via the Inclusive Namespace Registry System (referred to hereafter as INRS), to register an Internet domain names, as well as the registration of those domain names. To complete the registration process, REGISTRANT must acknowledge that REGISTRANT has read, understood, and agree to be bound by all terms and conditions of this Agreement for any domains registered through REGISTRAR and any registration rules or policies that are or may be published from time to time by REGISTRAR and/or the Registry Administrators ("Registry Administrators"). Submission of a domain name registration application to REGISTRAR constitutes acceptance of all the terms and conditions contained and referenced herein.
By granting a registration, REGISTRAR is not giving up its ownership of any part of the Top level domain (hereafter referred to as TLD), but is granting an exclusive license to use a specific domain under one of the three aforementioned TLD. This license remains in full force and effect as long as the applicant continues to pay the annual registration fee and any DNS fees as set forth in this agreement or unless a court of competent jurisdiction issues orders to the contrary or unless the registration is terminated for any allowable reason as expressed in the balance of this agreement.
[2]. DOMAINS ENDING IN BIZ, COM2, ETC, NOT, NPO, NGO, ONLINE: ADDITIONAL TERMS
There are additional terms which apply to any domains registered with the endings .BIZ, .COM2, .ETC, .NOT, .NPO, .NGO or .ONLINE. These terms are required by the TLD Holder, The AtlanticRoot Network. These terms can be found HERE. REGISTRANTS registering domains with these endings are also bound by these additional terms. Where there is a conflict between the terms in this agreement and the AtlanticRoot terms, the AtlanticRoot terms take precedent. Again, this paragraph ONLY applies to domain registrations for domains ending in .BIZ, .COM2, .ETC, .NOT, .NGO, .NPO and .ONLINE.
[3]. THE USA AND EARTH TREES
The .USA and .EARTH TLDs were designed to provide both freeform and geographical domains. In the USA TLD, domains can exist within a state or state/city hierarchy (i.e.: DOMAIN.Nevada.USA or DOMAIN.Cleveland.Ohio.USA) or freeform (such as DOMAIN.USA). States can be specified with either the two letter codes used by the US Postal Service (i.e.: NV, MI) or the entire name of the state, with the blanks removed (WestVirginia, Florida). In addition to this, five specialized domains (GOV, COM, ORG, NET and EDU) are present for those who wish a domain that identifies their organization type.
In the EARTH TLD, a similar hierarchy exists. Freeform domains of the form DOMAIN.EARTH are allowed (i.e.: MYDOMAIN.EARTH) as well as domains under a particular nation name (i.e.: JEAN-LUC.FRANCE.EARTH). Within the nation domains are also city domains within which domains can be registered (i.e.: PIERRE.PARIS.FRANCE.EARTH). In addition to this, nicknames for nations as well as the English-alphabet alliteration of native names for a nation are also included. Examples of nicknames would be ENGLAND and GREAT BRITAIN as a nickname for the UNITEDKINDOM, HOLLAND for NETHERLANDS and AMERICA for UNITEDSTATES. An example of a native name for a nation would be ITALIA for ITALY and DEUTSCHLAND for GERMANY. Words like "The" and "Republic" are eliminated and all blanks are removed. Within each nation, there are sub-domains for each city. All blanks are removed. Finally, each nation will have the domains GOV, COM, ORG, NET and EDU in the same fashion as the USA TLD. In addition to these domains, domains of the form X.NATIONNAME.ISO2.EARTH and X.NATIONNAME.ISO3.EARTH are also available, where ISO2 is the ISO 2-letter code for the nation and ISO3 is the ISO 3 character code for the nation. All city names are available under each of these ISO2 and ISO3 coded domains as well.
Registration of names within the EARTH or USA hierarchy (other than simple second-level domains like "something.USA" or "something.earth") must be done manually and are not available through the INRS automated registry system. Uses wishing to register domains within the geographical hierarchy portion of .USA or .EARTH should send a request to info@adns.net.
[4]. USA AND EARTH: CONTROL OF INTERMEDIATE ZONES WITHIN THE USA/EARTH TREES
Within the .USA and .EARTH TLDs, AGN-DNS retains ownership and control of all intermediate zones between the TLD and the customer's zone (domain). End users may not obtain any of these intermediate zones and they remain the property of AGN-DNS. These zones are as follows:
In the USA TLD:
In the EARTH TLD:
AGN-DNS may decide retain control of any other domains under these three TLDs without notice as long as the domain hasn’t been registered to an applicant. AGN-DNS may reject applications for any intermediate domains as outlined in this application or because AGN-DNS has decided to retain control of a particular domain. Users should note that these intermediate zones may NOT be listed in the INRS WHOIS service but that their lack of listing does not mean that they are available.
REGISTRANT agrees not to apply for any intermediate zone domain mentioned in the above paragraph. Although the automated registry system will disallow registration of such domains, there is a possibility that one or more of these reserved internal domains will be left out of the exclusion list. If REGISTRANT applies for such a domain and the registration is processed, REGISTRAR may, upon discovering this fact, immediately revoke the registration and will not be liable for any amounts other than to refund the registration fee paid by REGISTRANT. This can also be done if ISO creates a new nation code (two or three letter) or a new nation comes into existence or if a new state is admitted to the Union in the USA.
[5]. USA AND EARTH: REQUIREMENTS TO REGISTER IN A CERTAIN CATEGORY
REGISTRAR does not impose any restrictions as to who can register in either of the EARTH or USA TLD or any particular sub zone therein, with the following exception: We require documentation for registration under any GOV sub zone. These are: GOV.USA (for the United States federal government), any GOV zone under a state (2-letter or full name) in USA and any GOV zone under any nation zone in the EARTH TLD. In order to register under one of these zones, an applicant will have to fill out a special form (available on our web site) and submit it by ground mail (as opposed to e-mail) along with a letter of authorization, ON GOVERNMENT LETTERHEAD from the government in that nation (or sub- jurisdiction therein). In the case of GOV.USA, the letter must come from a branch of the US government. REGISTRAR will not impose any requirements that applicants actually be located in the geographical region in which they are registering a domain. We would like to extend as much freedom as possible, however, we STRONGLY advise people not to register in a geographic sub domain unless they are actually in that area. We realize that there are situations when this is not possible (i.e.: multiple offices, temporary locations, etc) and so will not impose any such restrictions.
[6]. ACKNOWLEDGEMENT OF VISIBILITY
REGISTRANT acknowledges and understands that REGISTRAR is providing domain registrations in the Inclusive Namespace and is acknowledging that they understand that their domains will not be visible by all Internet users and acknowledge that domain registration is a service that REGISTRAR provides that is not refundable for any reason. REGISTRANT also understands that from time to time, other entities may created duplicate versions of the TLDs under which REGISTRAR is providing registrations and that REGISTRAR is NOT RESPONSIBLE for any duplication of domain names in these "colliding" TLDs.
[7]. LIMITATIONS OF LIABILITY
You agree and acknowledge that REGISTRAR is not liable or responsible in any way for any errors, omissions or any other actions by the Registry Administrator(s) arising out of or related to your application and receipt of, or failure to receive, a domain name registration. REGISTRANT further agrees to indemnify, defend and hold harmless the Registry Administrator(s) and REGISTRAR 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 related to, REGISTRANT's domain name registration.
REGISTRANT is responsible for accurate spelling of domain name during the domain registration process.
[8]. METHODS OF APPLICATION
REGISTRAR will accept applications for domain names from our web site (http://www.adns.net) only. No US Mail or EMAIL applications will be accepted. The only exception to this rule is for geographical hierarchy (see above) domains. In this case, those requests must be send by e-mail to info@adns.net.
[9]. FIRST COME/FIRST SERVE
Applications are accepted on a first come - first serve basis. The automated registry system will enforce this policy and will not allow duplicate copies of domains to be registered within the TLDs provided by REGISTRAR
[10]. CHANGES TO DOMAIN INFORMATION
REGISTRANTS wishing to modify their domain name information (contact name, address, phone number, email address, name server specifications) can do so online at http://www.adns.net. During the application process, REGISTRANT is assigned an INRS account UserID and must select a password. All contact information can be changed online on REGISTRARs website. APPLICANT will need to log into this website with this userID and password. If REGISTRANT misplaces the account password, it can be reset by contacting the INRS Administrator at inrs@adns.net. REGISTRANT must answer the identifying question that was provided during the account creation process. REGISTRANT must protect the assigned password and must not let unauthorized persons have access to it. REGISTRAR is not liable for any damages caused by a INRS password that has been mis-used. REGISTRANTs registering domains in the USA or EARTH geographical hierarchy will also be assigned an INRS userID and password and can also maintain their domains and contact information in the same manner as mentioned above. REGISTRANT is required to keep all contact information (Title, Contact name, e-mail address, postal address and telephone number) correct and current. If REGISTRAR or other determine that this information is incorrect, REGISTRANT will have 30 days from the date that REGISTRANT is notified, to correct the information. Failure to do so can result in the termination of registration for any domains registered to REGISTRANT, without refund of registration fees.
[11]. BILLING
REGISTRAR charges an annual registry fee for registering and maintaining domains. Multi-year plans are available. REGISTRANTS will be allowed to extend their domain's paid registration period at any time. Payment is required at the time of the application. Payment can only be made online by any method that REGISTRAR currently supports. REGISTRANTS registering in the EARTH/USA geographical hierarchy will be send an e-mail invoice that they can pay online. Once payment is received, the domain registration will be processed.
[12]. ANNUAL BILLING
REGISTRANTS will be sent renewal notice approximately 30 days before their domain registration is due to expire. REGISTRANTS can renew their domain registration online by logging in to their INRS account. Renewals are due ON THE EXPIRATION DATE currently listed on the domain record. All domains are subject to deletion immediately after expiration, although REGISTRAR may elect not to delete expired domains immediately.
[13]. TRADEMARK DISPUTES
REGISTRAR will not involve itself in determining if REGISTRANT is or is not infringing on another party's intellectual property rights by applying for a certain domain. Selection of domain names is strictly up to the REGISTRANT. REGISTRANT agrees to reimburse REGISTRAR, its officers, subcontractors and employees for any legal expenses or judgments against same arising out of action taken against any of the aforementioned parties due to a trademark or intellectual property dispute regarding a domain name for which REGISTRANT has applied. REGISTRAR will not take any side in such a dispute and will abide by any court order issued by a court of competent jurisdiction in the United States, without being named as a party in a suit. REGISTRAR will take NO ACTION against REGISTRANT (such as deletion or suspension of a domain name) in such a dispute without the domain holder's permission unless a court order is received.
[14]. CHANGES/AMENDMENTS
This agreement cannot be changed with respect to a domain registration during the term of that registration without the express written consent of both REGISTRANT and REGISTRAR. This agreement can be amended or replaced at the time a domain registration is renewed. The version of this agreement that applies to a particular domain registration term is the one that is in effect and published as "current" by REGISTRAR on the date that REGISTRANT makes application for a new domain registration or the day that REGISTRANT's renewal application is processed.
[15]. NON-WAIVER
The failure of either party to require performance by the other party of any provision in these Terms and Conditions shall not affect the full right to require such performance at any time thereafter nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
[16]. INVALIDITY
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions Unenforceable as a whole.
[17]. ENTIRETY
These Terms and Conditions, as amended constitute the full and Complete agreement of the parties regarding domain names registered by REGISTRANT with REGISTRAR. These Terms and Conditions supersede all prior proposals, agreements or other communications between the parties. REGISTRANT agrees that by applying for a domain name with REGISTRAR , that REGISTRANT is agreeing to be bound by this policy as amended from time to time.
[18]. EFFECTIVE DATE
This version, version 4.0 of the TERMS AND CONDITIONS takes effect for any domains registered on or after September 6, 12:01AM Eastern Time and for domains whose registration terms are renewed on or after September 6, 2002 at 12:01AM Eastern Time.
Modification History : Previous versions of the these terms and conditions can be found here:
Version 3.0: BETWEEN
3/12/2001 and 9/5/2002
Version 2 0: BEFORE 3/12/2001