THIS IS A LEGALLY BINDING AGREEMENT BETWEEN
Cyber Trading Co.-
("REGISTRAR") AND YOU, THE OWNER OF A REGISTERED OR COMMON LAW
TRADEMARK OR SERVICE MARK ("OWNER") OR THE DULY AUTHORIZED AGENT
USE OF THE REGISTRAR'S INTELLECTUAL PROPERTY CLAIM SERVICE (THE
BY SELECTING "I AGREE," BY USING THE SERVICE OR BY SIGNIFYING
ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THESE TERMS
ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST DISCONTINUE
ANY FURTHER USE.
USE OF THE SERVICE DOES NOT GUARANTEE THAT AN OWNER WILL BE AWARDED
THE .BIZ EXTENSION FOR ITS TRADEMARK. AN OWNER THAT WISHES TO
OBTAIN A .BIZ EXTENSION FOR ITS TRADEMARK MUST FILE A DOMAIN NAME
- The Service. Registrar provides the Service to holders of
both registered and common law trademarks or service marks
(collectively "Trademarks"). During the domain name application
process, applicants for a .biz domain name ("Applicants") will
be notified of an Owner's alleged intellectual property rights
in a Trademark if the domain name contained in the domain name
application is an exact match of the Trademark identified in an
IP Claim (as defined below) submitted by Owner. You may review
frequently asked questions regarding the Service by reviewing our
- Registration, Password and Security. You must provide accurate,
complete and current registration information and must update
this information promptly if it changes.
You represent and warrant that You are at least eighteen (18)
years of age or older and are either an Owner or an Agent duly
authorized to represent an Owner(s) in connection with the Service
and submitting an IP Claim on behalf of an Owner(s). Agent will
indemnify and hold harmless Registrar and its officers, directors,
employees, agents, affiliates and subcontractors for any claims
brought by Owner or Third Parties relating to the use of the Service.
- License to Use Data / Privacy. By submitting an IP Claim,
You hereby grant Registrar, as well as any of its agents or
subcontractors, a limited, royalty-free, non-exclusive worldwide
license to use all of the data contained in the IP Claim solely
for the purposes of implementing the Service, processing Your
IP Claim, notifying Applicants of Your IP Claim, and for notifying
You of changes to the Service, for archival purposes.
- The IP Claim Process. In order to submit a claim with respect
to a Trademark or Trademarks ("IP Claim") through the Service,
You must complete an IP Claim form for each Trademark. For each
IP Claim, You must submit complete contact information, representative
contact information and notification details, and the details
regarding the Trademark. You may specify in the representative
field that an Agent may receive legal correspondence regarding
the IP Claim. Once You have submitted an IP Claim, you will receive
a confirmation email and a claim number. You must retain the
claim number for each IP Claim You submit.
Registrar will accept IP Claims until July 9, 2001, or such later
date as it may determine in its sole discretion ("Close of Phase
I") and no IP Claims will be accepted after that date.
From the Close of Phase I until September 25, 2001 ("Phase 2"),
or such other later date as Registrar may choose, in its sole
discretion, the domain name applications from ICANN-approved
registrars ("Applications") will be compared with the database
of IP Claims processed through the Service ("IP Claim Database").
For each exact match between an IP Claim in the IP Claim Database
and a domain name application, the Registry Operator for .Biz
("Registry Operator") will notify the Applicant that a third party
or third parties have submitted an IP Claim for the exact Trademark.
The email notification to the Applicant will include, among other
things, the information provided by Owner in the IP Claim, instructions
on how to proceed with the registration process, and that if
selected during the randomised name selection phase ("Name Selection
Phase"), the domain name will be placed on a temporary thirty
(30) day hold when the Registry goes "live." The Applicant will
have the option to proceed with the Application or cancel the
Application. If the Applicant does not respond to the email
notification, or elects to cancel the Application, the Applicant's
domain name application will not be processed during the Name
Selection Phase. If the Applicant chooses to proceed with the
registration process and the name is selected during the Name
Selection Phase, that domain name automatically will be placed
on a thirty (30) day "hold period" when the name is registered.
After Name Selection, the Owner will be notified by Registry Operator
if an Applicant has successfully registered the domain name.
The Owner will then have the option of contacting the Applicant
and finding a solution or using the guidelines set forth by a
special dispute resolution process called the Start-up Trademark
Opposition Policy ("STOP")(formerly referred to as the Start-up
Dispute Resolution Policy or "SUDRP") ("information available at
[LINK], or the Uniform Domain-Name Dispute Resolution Procedures
("UDRP") (information is available at http://www.icann.org/udrp/udrp-policy-24oct99.htm).
You will not be notified if there are no Applications that exactly
match an IP Claim You submitted in the IP Claim Database.
DOMAIN NAME APPLICANTS WILL ONLY BE NOTIFIED OF APPLICATIONS THAT
ARE EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN AN IP CLAIM FORM.
REGISTRAR WILL NOT VERIFY WHETHER A TRADEMARK CLAIMED ON AN IP
CLAIM FORM CORRESPONDS WITH AN ACTUAL, LEGAL OR VALID TRADEMARK,
NOR WILL REGISTRAR PROVIDE ANY LEGAL OVERSIGHT OR ADJUDICATION
FOR ANY DISPUTED INTELLECTUAL PROPERTY IMPLICATED BY THE SERVICE.
- Conduct. You may access and use the Service for lawful purposes
only and you are solely responsible for the knowledge and adherence
to any and all laws, statutes, rules and regulations pertaining
to Your use of the Service. You agree that You will not (i) use
the Service to commit a criminal offence or to encourage conduct
that would constitute a criminal offence or give rise to a civil
liability, or otherwise violate any local state, Federal or international
law or regulation; (ii) upload or otherwise transmit any content
that You do not have a right to transmit under any law or contractual
or fiduciary duty; (iii) interfere or infringe with any trademark
or proprietary rights of any other party; (iv) interfere with
the ability of other users to access or use the Service; (v) claim
a relationship with or to speak for any individual, business,
association, institution or other organization for which You are
not authorized to claim such a relationship; (vi) interfere with
or disrupt the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations
of networks connected to the Service; or (vii) reproduce, duplicate,
copy, use, distribute, sell, resell or otherwise exploit for any
commercial purposes any portion of the Service.
- Fees. As consideration for the Service, You agree to pay
Registrar, or its agents or subcontractors, as the case may be,
an IP Claim fee for each IP Claim submitted through the Service
by credit card through its online payment system. Such fee shall
be due immediately and is non-refundable. Registrar, or its agents
or subcontractors, may take all remedies to collect fees owed.
Registrar, or its agents or subcontractors may require you to
submit and pay for each IP Claim individually or it may allow
you store up a certain number of IP Claims before submitting them
for processing. Once you have stored that number of IP Claims,
you may not be able to store any additional IP Claims and may
need to submit them for processing and pay the applicable fee
before obtaining additional storage space. No refunds are permitted.
- Agents. You agree that, if Your agent (e.g., an attorney,
employee, etc.) submits an IP Claim on Your behalf, You are nonetheless
use of the Services shall ratify any unauthorized actions of Your
agent. By acting on Your behalf, Your agent certifies that he or
she is authorized to use the Service on Your behalf, that he or
In addition, You are responsible for any errors made by Your agent.
Registrar will not refund fees paid by You or Your agent on Your
behalf for any reason, including, but not limited to, in the event
agent incorrectly provides information in the IP Claim process
or if Your agent changes or otherwise modifies Your IP Claim incorrectly.
- Copyright. You acknowledge that the Service, any underlying
technology used in connection with the Service, and all software,
material, information, communications, text, graphics, links,
electronic art, animations, audio, video, photos, and other data
(collectively, the "Content") available within the Service are
provided by Registrar or third-party providers and are the copyrighted
works of Registrar and/or such third parties. Except as expressly
authorized by Registrar or such third parties in these Terms of
Use or as may be posted on the Service, You may not copy, reproduce,
publish, distribute, modify, create derivative works of, rent,
lease, sell, transfer, display, transmit, compile or collect in
a database, or in any manner commercially exploit any part of
the Content or the Service, in whole or in part. You may not
store any significant portion of any Content or the Service owned
by, or licensed to Registrar in any form, whether archival files,
computer-readable files, or any other medium. You also may not
"mirror" any Content or the Service on any other server.
Registrar encourages you to download and print a reasonable number
of copies of an IP Claim for non-commercial, internal use only;
provided that (i) any permitted copies contain, in unmodified
form, any copyright or other proprietary rights notices and an
original source attribution to the Service; and (ii) no modifications
are made except as may be expressly provided by Registrar.
- Links. Some links on the Service lead to sites posted by
independent site owners. Because Registrar has no control over
these sites, it cannot be responsible for such sites' accessibility
via the Internet and does not endorse products, services, or information
provided by such sites. As such, Registrar shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with, use or reliance
on any content, goods or services available on or through any
other site. Further, the inclusion of these links does not imply
that the other sites have given permission for inclusion of these
links, or that there is any relationship between Registrar and
the linked sites.
- Disclaimer of Warranty, Limitation of Liability. YOU AGREE
THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK.
NEITHER REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS,
MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR
SUBCONTRACTORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE
ACCURACY, RELIABILITY, OR CONTENT WITHIN THE SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS, "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
IN NO EVENT WILL REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS,
MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR
SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT YOUR USE OF OR INABILITY
TO ACCESS OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS
OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS,
LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, INACCURATELY ENTERED
DATA, UNAUTHORIZED USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS,
DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS, PROGRAMS OR SERVICES.
YOU AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY REPRESENT
A REASONABLE ALLOCATION OF RISK.
IN NO EVENT, SHALL REGISTRAR BE LIABLE TO YOU FOR ANY AMOUNT
EXCEEDING THE AMOUNT OF FEES PAID BY YOU FOR THE APPLICABLE IP
- Indemnification. You agree to indemnify and hold harmless
Registrar and its parents, subsidiaries, shareholders, members,
officers, directors, employees, affiliates, agents and subcontractors
from any claim or demand, including reasonable attorney's fees
made by any third party due to or arising out of Your use of the
to the Service, or any disputes involving the intellectual property
rights of the Trademarks.
- Modifications to the Service. Registrar reserves the right
at any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without
notice. You agree that will not be liable to You or to any third
party for any modification, suspension, or discontinuation of
- Termination. You may discontinue Your participation in and
to apply to all past use of the Service by You, even if You are
no longer using the Service. You acknowledge and agree that
Registrar may terminate or block Your use of all or part of the
Service without prior notice for any reason, including, without
limitation, if Registrar believes You have engaged in conduct
or discontinuance for any reason, may delete all information related
to You on the Service and may bar Your access to and use of the
construed in accordance with the laws of the Ontario, without
regard to its principles of conflicts of law.
Any modifications shall be effective upon the posting of the modified
are aware of any modifications. Your continued use of the Service
- Sever ability. In the event that any provision of these Terms
of Use shall be unenforceable or invalid under any applicable
law or be so held by applicable court decision, such unenforceability
or invalidity shall not render this Agreement unenforceable or
invalid as a whole, and, in such event, such provision shall be
changed and interpreted so as to best accomplish the objectives
of such provision within the limits of applicable law or applicable
- Third Party Beneficiary. Registry Operator ("NeuLevel") is
an intended third party beneficiary of these Term and Conditions
in good faith with NeuLevel or Registrar in investigating instances
believes in good faith that you are not in compliance with these
- Subcontractors. In the course of providing the IP Claim Service,
Registrar may retain independent contractors or assign or subcontract
to or otherwise have any third party perform any or all of the
IP Claim Service at any time, provided that Registrar shall continue
to remain responsible for full performance of any such duties
to the same extent as if it had performed the IP Claim Service
state the agreement of the parties regarding the subject matter,
and supersede all prior agreements and understandings, whether
written or oral, with respect to the subject matter of these
- Modifications to your Account. In order to change any of
your account information with Registrar, you must use the Account
Identifier and Password selected when you opened your account
with Registrar. You agree to safeguard your Account Identifier
and Password from any unauthorized use. In no event shall Registrar
be liable for the unauthorized use or misuse of your Account Identifier
- Breach. You agree that failure to abide by an provision of
this Agreement, any operating rule or policy or the Dispute Policy
provided by Registrar, may be considered by Registrar to be a
material breach and that Registrar may provide a written notice,
describing the breach, to you. If within thirty (30) calendar
days of the date of such notice, you fail to provide evidence,
which is reasonably satisfactory to Registrar, that you have not
breached your obligations under the Agreement, then Registrar
may delete the registration or reservation of your domain name.
Any such breach by you shall not be deemed to be excused simply
because Registrar did not act earlier in response to that, or
any other breach by you.
- No Guarantee. You acknowledge that reservation of your IP
Claim name does not confer immunity from objection to either the
registration, reservation, or use of the domain name.
- Right of Refusal. Registrar, in its sole discretion, reserves
the right to refuse to register or reserve your IP Claim name
or register you for other services. You agree that Registrar
shall not be liable to you for loss or damages that may result
from its refusal to register, reserve or delete your IP Claim.
Registrar reserves the right to delete or transfer your IP Claim
within a thirty (30) day period following receipt of the application
if it believes the IP Claim has been made possible by a mistake,
made either by Registrar or by a third party.