AGN Domain Name
AGN Domain Name Services Inc (AGN-DNS) owns and is responsible for registration of domains under the USA, EARTH and Z Top-Level domains (TLDs). AGN-DNS can be reached in the following way:
AGN Domain Name Services, Inc.
P.O. Box 763
Tel. +1 312 560 3934
Registrant Services: domains@ADNS.NET
Billing Questions: billing@ADNS.NET
Web Page: http://www.adns.net
AGN-DNS owns the TLDs EARTH, USA and Z. Domain applicants are applying for the right to have a domain under one of these three TLDs. By granting a registration, AGN-DNS is not giving up its ownership of any part of the TLDs, 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.
. THE USA AND EARTH TREES
These 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). Nation names are the names printed in common world atlases such as the Rand-McNally atlas. 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. The city name is the name taken from an atlas such as Rand-McNally. 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. There is no predefined structure for domains under the Z top-level domain.
. CONTROL OF INTERMEDIATE ZONES WITHIN THE USA/EARTH TREES
AGN-DNS retains ownership and control of all intermediate zones between the TLD and the customer's zone (domain). AGN-DNS may subcontract name service for these zones to third parties. 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: All two-letter state names, all full state names, All city domains under both the 2-letter and full state name domains, the GOV domain under each of the two-letter and full state name zones, the zones "GOV.USA, COM.USA, ORG.USA, NET.USA and EDU.USA". In the EARTH TLD: Each of the nation zones (including nick names and English-alliterated native nation names), all of the city name zones under each nation and the "GOV", "COM", "ORG", "NET" and "EDU" zones under each nation zone. AGN-DNS may decide retain control of any other domains under these three TLDs without notice as long as the domain hasnt 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.
. REQUIREMENTS TO REGISTER IN A CERTAIN CATEGORY
AGN-DNS 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) 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. AGN-DNS 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.
. METHODS OF APPLICATION
AGN-DNS will accept applications for domain names under the USA, EARTH and Z TLDs from our web site (http://www.adns.net). AGN-DNS will also accept applications by US MAIL (To the address listed at the top of this form). US Mail Applications MUST be submitted on approved templates (available on the web site). The web method is the preferred method as much error checking can be done and application processing time is reduced. AGN-DNS will try to process applications within 2 calendar days, but is making no promises as to length of time needed to process applications.
. FIRST COME/FIRST SERVE
Applications are accepted on a first come - first serve basis. All web-based applications are assigned a ticket number which contains the date and the sequence in which they were received that day. Postal mail applications are stamped with a date and sequence number based on the date and order in which they were opened that day. All US Mail received during a particular day are considered to be received after the web-based applications for that day. This ordering is used when more than one application for a particular domain is received. Any postal mail application not submitted on the proper template will automatically be rejected and discarded. Any applications that contain omissions or errors will be rejected and returned to the sender.
. NAME SERVERS
Applicants must provide 2 (two) name servers for each domain requested. Before AGN-DNS will create the domains, these name servers MUST be configured and must contain valid Start of Authority (SOA) records for the domain. If AGN-DNS, while processing an application, is not able to obtain a SOA record from each of the two specified name servers, either because they do not exist or are inaccessible to AGN-DNS or any other part of the Internet, AGN-DNS will reject the application and notify the applicant. In this case, the application is considered to be withdrawn and the domains will not be reserved for the applicant. AGN-DNS can provide name service for any USA/EARTH domain at an additional charge. The web page and the application templates provide this option. Domains will not be created until payment is received (See below). Upon creation of a domain, the applicant will be notified by e-mail. All new domains will become visible in the WHOIS database immediately upon creation and in the DNS zone files each night. AGN-DNS reloads its name servers at least once a day, but our secondary servers may not update as often.
. CHANGES TO DOMAIN INFORMATION
Domain holders wishing to modify their domain name information (contact name, address, phone number, email address, name server specifications) or to delete or transfer ownership of a domain must submit an e-mail to AGN-DNS at domains@ADNS.NET. AGN-DNS, upon receiving a modification request, will notify by e-mail, the current contact person for said domain and request verification that the modification is authorized. If no response is received within SEVEN days, or a negative response is received, the request will be rejected and returned to the sender. Written requests will be honored without verification if they are on company letterhead. AGN-DNS may, in this case, contact the authorized party by phone or fax to further verify the request. AGN-DNS reserves the right to require notarized letters to be submitted in order to transfer ownership of a domain or to delete a domain.
AGN-DNS charges both a one-time setup fee and an annual registry fee for registering and maintaining domains under the USA, EARTH and Z. TLDs (or any sub-zone controlled and owned by AGN see paragraph 3). AGN-DNS also charges a setup fee and annual fee for providing domain name service for customers who wish ADNS to provide this service. When an application is received for a domain, AGN-DNS will reserve the domain for the applicant and send an invoice for the registration setup fee and annual registration fee to the e-mail address given in the application. If the applicant selects AGN-DNS to provide name service, a separate invoice for DNS will be sent at the same time. ALTHOUGH RESERVED, THE DOMAIN WILL NOT BE CREATED IN THE DNS OR WHOIS DATABASE UNTIL AGN-DNS RECEIVES PAYMENT OF THE REGISTRATION SETUP FEE AND ANNUAL REGISTRATION FEE INVOICE (AND THE DNS SETUP AND ANNUAL FEE INVOICE, IF APPLICANT CHOOSES AGN-DNS TO PROVIDE NAME SERVICE). If AGN-DNS does not receive payment within 20 (TWENTY) calendar days of the date of the invoice(s), the domain reservation will be deleted and the applicant will not be allowed to reserve domains in advance of payment. If an applicant is disallowed from reserving a domain due to previous non-payment for a reserved domain, the applicant will need to fill out a paper copy of the application and send it by U.S. Mail along with payment for future domain reservations.
. ANNUAL BILLING
Holders of domains under the EARTH, USA and Z TLDs will receive an invoice at least 30 days before the anniversary of the creation of their domain. (The anniversary date, or domain creation date will be included in the e-mail sent to the applicant to confirm creation of the domain and is also available in the WHOIS database). The invoice is due ON THE ANNIVERSARY date. Customer will be billed for both the annual registration fee as well as the DNS fee (if AGN-DNS is providing name service). The annual fee for both items will be based on the fee structure currently in place ON THE DATE OF THE INVOICE. If the fee(s) is/are not paid by the due date, the domain will be deleted without further notice. Again - there are no "grace periods". Domain name holders should watch their anniversary dates carefully. AGN-DNS may modify the expiry date of a domain to be a date other than the anniversary date for legitimate reasons (special promotions, etc) In all cases, the invoice due date will be clearly shown on the invoice.
. TRADEMARK DISPUTES
AGN-DNS will not involve itself in determining if applicant 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 applicant. Applicant agrees to reimburse AGN- DNS, 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 applicant has applied. AGN-DNS 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. AGN-DNS will take NO ACTION against the holder of a USA, EARTH or Z domain (such as deletion or suspension of a domain name) without the domain holder's permission unless a court order is received. The only time that AGN-DNS will enter into a determination of trademark infringement is if, during the review of an application, it sees an obvious and blatant attempt to use a readily recognized trademark by a party obviously not entitled to use that trademark. (Such as someone trying to register a domain such as coke.usa). In the case where an obvious violation is suspected, AGN-DNS may require that the applicant submit proof that this usage is allowed (such as a letter from the trademark holder on company letterhead).
This agreement can be amended at any time by AGN-DNS by posting the amendments to the web page 30 days before amendments take effect. Pricing changes are effective immediately and take effect for all applications received on or after the date that they are posted to the web page. For registration and DNS renewals, pricing is based on the rate schedule in effect on that date of the renewal invoice.
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.
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.
These Terms and Conditions, as amended constitute the full and Complete agreement of the parties regarding domain names registered under the EARTH, USA and Z TLDs. These Terms and Conditions supersede all prior proposals, agreements or other communications between the parties. Applicant agrees that by applying for a domain name under the EARTH, USA or Z TLD, that applicant is agreeing to be bound by this policy as amended from time to time.