21.38.1.1 Definitions

Domain Protected Marks List (DPML): The service that blocks certain SLDs from Registration across Synergy Wholesales TLDs pursuant to the Terms and Conditions. DPML Block: The block preventing the registration of a SLD across all TLDs then owned and operated by the Registry. Highly-regulated TLDs: The following new gTLDs – .surgery, .dentist, .hospital, .medical, .doctor, .creditcard, .insurance, .bet, .bingo, .poker, .casino, .charity, .university, .attorney, .cpa, .lawyer, .corp, .gmbh, .inc, .llc, .ltd, .sarl, .fail, .gripe, .sucks, and .wtf. Premium Name: Domain Name designated by the Registry, in its sole discretion, for non-standard pricing. Registry/Registry Operator: Synergy Wholesale Pty Ltd. and all their subsidiaries, collectively “Synergy Wholesale” Registry Agreement: The Registry Agreements between Synergy Wholesales an ICANN for the operation of the Synergy Wholesales TLDs, as amended from time to time, and as posted on the ICANN website at https://www.icann.org/resources/pages/registries/registries-agreements-en. Registrar: Synergy Wholesale Pty Ltd Regulated TLDs: The following new gTLDs – .games, .juegos, .school, .schule, .toys, .eco, .care, .diet, .fitness, .health, .clinic, .dental, .healthcare, .capital, .cash, .broker, .claims, .exchange, .finance, .financial, .fund, .investments, .lease, .loans, .market, .money, .trading, .credit, .insure, .tax, mortgage, .degree, .mba, .audio, .book, .broadway, .film, .movie, .music, .software, .fashion, .video, .app, .art, .band, .cloud, .data, .design, .digital, .fan, .free, .gratis, .discount, .sale, .media, .news, .online, .pictures, .radio, .show, .theater, .tours, .accountants, .architect, .associates, .broker, .legal, .realty, .vet, .engineering, .law, .limited, .town, .city, and .reisen. SMD File: the file issued by the TMCH proving that the TMCH application data for one or more TMCH-eligible terms, typically a trademark, have been successfully validated and entered into the TMCH database. SLD: Second Level Domain – the string to the left of the dot in the domain name. Shared Registration System (SRS): The system of computers, networking equipment, data stores, software services and network connectivity that allows Registrars to provision objections for the purpose of applying for, registering, modifying and maintaining Registrations and allows DMPL Registrars to provision objections to apply for, register, modify and maintain DPML Blocks. Standard Name: Towest-prices and most common type of Domain Name made available by the Registry on a first-come, first-served basis. Trademark Clearinghouse (TMCH): Mechanism made available for the validation and database management of rights protected terms, typically trademarks.

21.38.1.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Acceptable Use and Anti-Abuse Policy, IDN Policy, Reserved Names Policy, Whois Access Policy, Searchable Whois Policy, Sunrise and DPML Dispute Resolution Policy and Privacy Policy which can be located at www.Synergy Wholesales.co/policies.

21.38.1.3 Privacy and Personal Data

The Registry shall handle Personal Data submitted to the Registry by the Registrar in accordance with its published privacy policy located at http://www.Synergy Wholesales.domains/about/policies/privacy-policy. The Registry may from time to time use data submitted by the Registrar for statistical analysis, provided that any such analysis will not disclose individual non-public Personal Data and such non-public Personal Data is only used for internal business purposes. The Registry will not share, sell, rent or otherwise disclose such non-public Personal Data to any third parties.

21.38.1.4 Rights Protection Mechanisms (RPMs)

The Registry and Registrar shall implement and adhere to the RPMs specified in Specification 7 of the Registry Agreement and any other RPMs ICANN develops to discourage or prevent registration of domain names that violate or abuse another party’s legal rights.

21.38.1.5 Trademark Claims Service

Registrar shall notify you of any domain name that is registered in the Trademark Clearinghouse by presenting the Trademark Claims Notice, in compliance with the RPMS.

21.38.1.6 Abuse

In accordance with the Registry’s Acceptable Use and Anti-Abuse Policy, you accept and agree that your domain name can be denied, suspended, cancelled, redirected, transferred or placed on registry lock, hold, or similar status in order to (a) prohibit you from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law (b) comply with any applicable laws, government rules or requirements, requests of law enforcement, or as needed during or following any dispute resolution process (c) comply with the terms of the Registry Agreement (d) ensure your Whois information is accurate and currant (e) avoid any liability, civil or criminal, on the part of the Registry, as well as its affiliates, subsidiaries, officers, directors, and employees and (f) correct mistakes made by the Registry or the Registrar in connection with a domain name registration. If you are found to have repeatedly engaged in abusive registrations or practices, the Registry may (at their sole discretion), disqualify you from maintaining any current or future registrations or DPML blocks in the Registry.

21.38.1.7 Fees

You acknowledge and agree that the new gTLDs offered by the Registry are variably priced (i.e. some are Standard Names and others Premium Names)

21.38.1.8 Non-uniform Renewal Registration Pricing

You acknowledge and agree that domain names in these new gTLDs will have non-uniform renewal registration pricing such that the Fee for a domain name registration renewal may differ from other domain names in the same or other Synergy Wholesales TLDs.

21.38.1.9 Domain Names

In making an application to register a domain name, you acknowledge and agree that:

1. the Application or registration contains true, accurate and up-to-date information, and is made in good faith, for a lawful purpose and does not infringe the rights of any third party;
2. you shall participate in good faith in any proceedings commenced by or against you or the Registrant as described in the Registry Policies or the registry-registrar agreement between Synergy Wholesale Pty Ltd Pty Ltd and the Registry;
3. you or the Registrant accepts and will abide by the Registry Policies;

You also acknowledge and agree that the Registry shall be entitled, but not obligated, to reject an application or registration, or to delete, revoke, suspend, cancel or transfer a registration:

1. to enforce Registry Policies and ICANN Requirments, each as amended from time to time;
2. that is not accompanied by complete and accurate information, or where required information is not updated or corrected, as required by ICANN Requirements or Registry Policies;
3. to protect the integrity and stability of the SRS or the operation or management of the Registry;
4. to comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court or administrative authority, or any dispute resolution service provider the Registry may retain to oversee the arbitration and mediation of disputes;
5. to establish, assert, or defend the legal rights of the Registry or a third party, or to avoid any actual or potential civil or criminal liability on the part of or damage to the Registry or its affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders;
6. to correct mistakes made by the Registry or any Registrar in connection with a registration; or
7. as otherwise provided in the Terms and Conditions and the Registry-Registrar agreement between Synergy Wholesale and the Registry;

21.38.1.10 DPML Blocks

Applicants with one or more SMD Files may generally purchase directly a DPML Block across all TLDs owned and operated by the Registry. DPML Blocks are available initially for a five (5) to ten (10) year period and then may be renewed for up to a maximum DPML Block period of ten (10) years.

21.38.1.11 Reserved Domain Names

The Registry may permanently or temporarily reserve at any time from registration, including, without limitation, Domain Names:

1. reserved for operations and other purposes, including without limitation certain Premium Names, which the Registry may change from time to time;
2. Reserved or restricted to comply with ICANN Policies, including those reserved for certain third parties; or
3. still pending, in process, or otherwise not available, such as domain names that are still pending processing of Sunrise registration;

21.38.1.12 Sunrise

During sunrise, Applicants with one or more SMD files have exclusive access to submit Applications for Sunrise registration. Unlike registration that occur outside Sunrise, Sunrise registrations are unaffected by Domain Names whose SLDs are under DPML blocks. Sunrise registrations will override any domain names under DPML block. If more than one applicant submits an application through a Registrar for a Sunrise registration for the identical domain name, the prevailing applicant will be determined by an auction process described on the Registry website.

21.38.1.13 Determinations Final

The determinations of the Registry and the TMCH regarding any Applications, DPML applications, registrations, or DPML blocks shall be final and non-appealable; provided, however, that such determination will not affect rights Synergy Wholesale may have under applicable law, ICANN policies, or Registry-provided dispute resolution procedures;

21.38.1.14 Indemnity:

You agree you shall, within thirty (30) days of demand, indemnify, defend and hold harmless the Registry Operator, Synergy Wholesales’ service providers, the Registrar and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to the Registrant’s domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You agree that you shall not enter into any settlement or compromise of any such indemnifiable claim without the Registrar’s prior written consent, which consent shall not be unreasonably withheld. This indemnification obligation shall survive the termination or expiration of the Registration Agreement for any reason.

21.38.1.15 Safeguards for Regulated TLDS

You acknowledge and agree:

1. to comply with all applicable laws, including those that related to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.
2. that if you collect and maintain sensitive health and financial data, you will implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.

21.38.1.16 Safeguards for Highly-regulated TLDs

You acknowledge and agree:

1. to comply with all applicable laws, including those that related to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures;
2. that if you collect and maintain sensitive health and financial data, you will implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law;
3. to provide administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulator, or industry self-regulatory, bodies in their main place of business;
4. to possess any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly-regulated TLD; and
5. to report any material changes to the validity of your authorisations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly-regulated TLD to ensure you continue to conform to the appropriate regulations and licensing requirements and generally conduct your activities in the interest of the consumers you serve.
6. registrants of .doctor domains who hold themselves out to be licensed medical practitioners must demonstrate to the Registrar and Registry, upon request, that they hold the applicable licence.

21.38.1.17 Third Party Beneficiaries

Both the Registrar and you expressly agree that the Registry is an intended third-party beneficiary of this Registration Agreement.

21.38.1.18 Governing Law

This Registration Agreement and its interpretation shall be governed by and construed in accordance with the internal laws of the State of Washington, United States of America, in all respects and as applied to agreements entered into among Washington residents to be performed entirely within Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of State of Washington.

21.38.2.1 Registry

The Registry for .build is Plan Bee LLC. The Registry website is located at https://about.build

21.38.2.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Acceptable Use and Takedown Policy, Data Protection and Privacy Policy, Landrush Policy, Reserved and Restricted Name Policy, Sunrise Policy, Sunrise Dispute Resolution Policy and WHOIS Policy which can be located at www.dotbuild.co/registrypolicies.php.

21.38.2.3 Third Party Beneficiaries

Notwithstanding anything in this Agreement to the contrary, Plan Bee, LLC, the Registry of the .BUILD TLD, is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of Plan Bee, LLC have vested and that Plan Bee, LLC has relied on its third party beneficiary rights under this Agreement in agreeing to Synergy Wholesale being a registrar for the .BUILD TLD. Additionally, the third party beneficiary rights of Plan Bee, LLC shall survive any termination of this Agreement.

21.38.2.4 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of the State of California and the Parties expressly submit to the jurisdiction of the State and Federal courts in Los Angeles County, California.

21.38.3.1 Registry

The Registry for .buzz is DotStrategy, Co. The Registry website is located at http://www.buzznames.biz/.

21.38.3.2 Privacy and Personal Data

The Registry and Registry Service Provider (Neustar, Inc) shall take reasonable steps to protect Personal Data from loss, misuse, unauthorized disclosure, alteration or destruction. Personal Data submitted to the Registry by the Registrar under this Agreement will be collected and used by the Registry for the purposes of providing Registry Services as defined in ICANN’s Registry Agreements (including but not limited to publication of registration data in the directory services, also known as “Whois” or “RDDS”) and to protect the security and stability of the Registry Services and Systems. Notwithstanding the above, the Registry may from time to time use the demographic data collected for internal statistical analysis, provided that this analysis will not disclose individual Personal Data. Except as set forth herein, the Registry will not share, sell, rent or otherwise disclose such Personal Data to any third parties, other than Registry Service Provider, ICANN and ICANN’s authorized agents, without the Registrar’s prior written consent, which shall not be unreasonably withheld. You acknowledge and agree to the collection and use of your Personal Data by the Registry for the purposes outlined in the above paragraph.

21.38.3.3 Dispute Resolution

The Registry will comply with the following dispute resolution mechanisms as they may be revised from time to time (i) the Trademark Post-Delegation Dispute Resolution Procedure (PDDRP) and (ii) the Registration Restriction Dispute Resolution Procedure (RRDRP) adopted by ICANN. The Registry agrees to (i) implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Agreement) following a determination by any PDDRP or RRDRP panel and to be bound by any such determination; and (ii) the Uniform Rapid Suspension system (“URS”) adopted by ICANN, including the implementation of determinations issued by URS examiners. You acknowledge and agree to be bound by the terms and conditions, having read and understood them, of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

1. The Uniform Domain Name Dispute Resolution Policy, available at https://www.icann.org/resources/pages/policy-2012-02-25-en;
2. The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and
3. The Transfer Dispute Resolution Policy, available at https://www.icann.org/en/help/dndr/tdrp.

21.38.3.4 Rights Protection Mechanisms

The Registry shall comply with the Trademark Clearinghouse Rights Protection Mechanism Requirements or any successor document related to the same as approved and published by ICANN.

21.38.3.5 Registration

You acknowledge and agree that the data provided by you in the domain name registration application is true, correct and complete. You certify that you have the authority to enter into the registration agreement.

21.38.3.6 Reserved Names and Premium Auctions

The Registry may reserve, and not allow the registration of any Registry TLD strings which:

1. appear on the list of reserved TLD(s) strings set forth in Specification 5 of the Registry Agreement; or
2. such other names as are designated by the Registry to be reserved prior to General Availability of the Registry TLD to the public.

You acknowledge and agree that if you are seeking to register a Premium Name, as determined by the Registry in its sole discretion, then use of the name is also subject to additional terms and conditions contained in a separate agreement between Registrant and the Registry, and that the Registrant’s rights in any such name are also governed by the terms of the separate Premium Name Agreement.

21.38.3.7 Sunrise

You agree that, by submitting a Sunrise Application, the Registry and/or its Authorized Auction Provider or Agent is authorised to share information relating to your Sunrise application with other Sunrise Applicants. In the event any Sunrise Applicant proceeds with a Registration, such Applicant will be deemed on notice of the intellectual property claims submitted by the other Sunrise Applicant(s) and may not claim lack of notice with regard to such Applicant(s) in any subsequent dispute proceeding.

21.38.3.8 Liability

You acknowledge and agree that the Registry, Registrar, its subcontractors, affiliates, agents, and/or service providers shall have no liability of any kind for any direct or indirect loss or liability resulting from or arising in connection with the Sunrise, Landrush, Founder’s Program, Premium domain or Auction processes, including, without limitation: (a) our ability or inability to reserve a name in the Registry TLD through this process, and (b) any dispute between any parties arising in connection with this process.

21.38.3.9 Indemnity

You acknowledge and agree to indemnify, defend and hold harmless the Registry and Registry Service Provider and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the Registered Name Holder’s domain name registration. This indemnification obligation survives the termination or expiration of the registration agreement.

21.38.3.10 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of the State of Arkansas without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of the State of Arkansas to the rights and duties of the Parties.

21.38.4.1 Registry

The Registry for .CEO is CEOTLD Pty Ltd. The Registry website is located at http://www.nic.ceo This Registrant Agreement is part of the Registry Policies, which form a cohesive framework and must be read in conjunction with one another, as well as with other applicable agreements, policies, laws, and regulations which, taken together, represent the entirety of your obligations and responsibilities with regard to any domain name registration.

21.38.4.2 Terms and Conditions

1. 1. By applying to register or renew a domain name in this Registry (hereinafter referred to as an Application) or by registering one or more domain name(s), the Registrant hereby acknowledges that they have read and agree to be bound by all terms and conditions of this Agreement, as well as the other documents in the Registry Policies.

The most recent Registry Policies apply to any and all domain name applications, domain names, and domain name registrations in this Registry and explain the terms, conditions, rights, and obligations between the Registry, the Registrar, and the Registrant. Those parts of the Registry Policies that are not part of the text of this Registration Agreement are incorporated into this Registration Agreement by this reference. The Registry may, in its sole discretion, modify the Registry Policies at any time and from time to time. The Registry shall post the current version of the Registry Policies on the Registry Website. The Registry may inform Synergy Wholesale of changes to the Registry Policies via email, and Synergy Wholesale may in turn notify the Registrant of any changes thereto; the Registrant agrees that such email shall not be considered spam; however, neither the Registry nor Synergy Wholesale shall not be obligated to provide such notice via email or otherwise. The Registrant agrees to check the Registry Website periodically for Registry Policy updates. The Registrant’s continued registration and/or use of a domain name following the date the most current version of the Registry Policies is posted to the Registry Webpage, which shall be the effective date, constitutes the Registrant’s acceptance of such revised Registry Policies. In the event that the Registrant does not wish to be bound by the revised Registry Policies, the Registrant’s sole remedy is to cancel the registration of any domain name covered by the Registry Policies, by following the appropriate Registry and/or Synergy Wholesale policies regarding such cancellation.

1. 1. Registration Fee. The Registrant shall pay to Synergy Wholesale the appropriate registration fee (Registration Fee) applicable at the time the Registrant submits its Application to Synergy Wholesale. Payment of the Registration Fee shall be made in accordance with the requirements of Synergy Wholesale, and the Registry Policies are effective at the time of submission of such application or at the time of payment, whichever is earlier. All Registration Fees paid pursuant to this Agreement are non-refundable except as provided for herein. It is the responsibility of Synergy Wholesale to pay a separate registration fee to the Registry in connection with such domain name application, and the Registry is not bound to accept any application until such separate registration fee is paid by Synergy Wholesale. The Registry will not refund any Registration Fee or other fee to the Registrant in the event of non–performance by Synergy Wholesale; the Registry disclaims any and all liability for any losses incurred as a result of any non-performance by Synergy Wholesale including where a third party may obtain registration of a domain name for which an Application has been submitted.
   2. Term and Renewal Term. The Registrant’s exclusive registration of the domain name shall continue for the term specified in the accepted application (the Term), subject to the Registry’s and/or Synergy Wholesale’ right to suspend or terminate the domain name pursuant to this Agreement and the Registry Policies, which are incorporated herein by reference. Domain name Registrations may be made for an annual term of between one (1) and ten (10) years.
   3. Registrant Information. The Registrant shall ensure that the information submitted by or on behalf of the Registrant to Synergy Wholesale in connection with registration of the domain name or otherwise (Registrant Information), will, throughout the Term, comply with the Registry Policies as may be in effect from time to time and will remain true, current, complete, accurate, and reliable. The Registrant shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by immediately making such changes in their account with Synergy Wholesale as registrar. The Registry reserves and may exercise the right to suspend and/or terminate the Registrant’s registration of the domain name if: (i) information provided by the Registrant to Synergy Wholesale and/or Registry appears, in the Registry’s sole discretion, to be false, inaccurate, incomplete, unreliable, or misleading in any respect; or (ii) the Registrant fails to maintain, update, and/or keep the Registrant Information true, current, complete, accurate, and reliable. In such a circumstance, the Registry may, in its sole discretion, with the cooperation of Synergy Wholesale, suspend the Registrant’s domain name(s) upon the Registry’s receipt of knowledge that such information is deficient. The Registrant acknowledges that a breach of this Section will constitute a material breach of this Registration Agreement, which will entitle the Registry to terminate this Agreement, resulting in suspension and/or deletion of the domain name, immediately upon such breach without any refund of the Registration Fee and without any obligation of notice to the Registrant. The Registry shall not be liable to the Registrant or any third party either for taking action, or failing or declining to take action for the Registrant’s violation of this section.
      1. The Registrant acknowledges and agrees that all personal information about the Registrant which is supplied to the Registry and/or Synergy Wholesale may be publicly available to third parties via a public “Whois” service, as required by ICANN and as allowed by applicable laws.
      2. Registrants must provide all contact information as required by Synergy Wholesale. Providing true, current, complete, and accurate contact information is an absolute condition of registration of a domain name within this TLD. If any Registrant Information provided during registration or subsequent modification to that information is false, inaccurate, or misleading or conceals or omits pertinent information, the Registry may, in its sole discretion, terminate, suspend, place on hold, or cancel the domain name registration of any Registrant without notification and without refund to the Registrant.
      3. The Registrant is responsible for responding in a timely fashion to communications from Synergy Wholesale or the Registry regarding any domain name registered by or on behalf of the Registrant.
      4. The Registry retains the irrevocable right, but expressly disclaims any obligation, in its sole discretion, to monitor and/or scan any content published or sent under a domain name registered in the Registry, including where such content involves an intrusion or causes modification of Registry or other data, providing such scanning is for the purpose of identifying Internet security vulnerabilities or the presence of malicious software or content capable of causing harm or disruption to the systems of other Internet users or the Registry, or content which is illegal. The Registry may delegate this right to its agents, representatives, successors, and assigns or choose not to exercise the right. The Registry shall not be liable to the Registrant or any third party either for taking action, or failing or declining to take action for the Registrant’s violation of this section.
   4. Registrant’s Agents. The Registrant understands, acknowledges, and agrees that by using the domain name, the Registrant accepts the terms and conditions of and is bound by this Agreement (including the Registry Policies incorporated into this Agreement), even if an agent (such as an Internet service provider, domain name retailer, domain name reseller, or employee) entered into this Agreement on the Registrant’s behalf, and even if the Registrant has not itself read this Agreement and/or the Registry Policies. Further, the Registrant understands, acknowledges and agrees that it is responsible for all information submitted by its agent. The Registry may, but will not be bound to, cancel this Agreement due to any errors or omissions by the Registrant’s agent in the registration process or thereafter (e.g., if such agent provides incorrect Registrant Information), as the agent’s apparent authority will be deemed actual authority and will suffice to bind the Registrant. By acting on the Registrant’s behalf, such agent represents and warrants to the Registry that the agent is authorised to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Agreement (including the Registry Policies incorporated into this Agreement).
   5. Scope of Registration. On payment of the Registration Fee to Synergy Wholesale and after payment by Synergy Wholesale to the Registry of the separate Synergy Wholesale registrar registration fee, and after acceptance of the application, the Registrant will be entitled to a limited license for the exclusive use of the applied-for domain name which, in the event of sale, assignment, sublicense, or otherwise, the registration and use of the domain name shall at all times be subject to continuing compliance with the terms of this Agreement and the Registry Policies, for the duration of the Term. However, the Registrant may not sublicense, use, display, exploit, or register a domain name in any manner which, in the sole discretion of the Registry or its delegee, may constitute illegal activity or cause or permit any contravention or violation of the Registry Policies, whether or not in connection with the registered domain name. In the event of any assignment, sub-license or similar transaction, the Registrant remains responsible for complying with all terms and conditions of this Agreement, and accepts liability for any harm caused by such sub-licensor or third party’s use of the domain name in contravention of this Agreement or the Registry Policies. The Registrant acknowledges that a breach of this Section by the Registrant and/or its agent, assignee, sub-licensor, or any other third party, will constitute a material breach of this Agreement, which will entitle the Registry to terminate this Agreement or take such other action as it deems necessary or desirable, without any refund of the Registration Fee, at the Registry’s sole discretion. Further, in the event of such termination, the Registry or Synergy Wholesale may, in such party’s sole discretion, refuse registration of domain names by Registrant or discontinue services with respect to the Registrant’s domain name or any other domain name which, in the sole discretion of the Registry or its delegee, it deems to be related, including but not limited to other domain names registered by the same Registrant and/or agent. In case of such refusal or discontinuation without cause (“cause” being defined as dishonouring any payment made to Synergy Wholesale and/or the Registry or any violation of the Registry Policies), neither the Registry nor Synergy Wholesale shall be liable for any loss, damage, or other injury whatsoever, including but not limited to economic or consequential loss and/or damages, resulting from the Registry’s or Synergy Wholesale’ refusal to register, or decision to discontinue services for, the Registrant’s domain name, including to the extent permitted by applicable law in cases of negligence.
   6. Registrant Representations and Warranties. The Registrant represents, warrants, and covenants that:
      1. the Registrant understands that registration entitles the Registrant only to a limited license for the use of the domain name(s) for the Term, subject to compliance with this Agreement, the Registry Policies and other applicable rules and laws, including those concerning trademarks and other types of intellectual property rights, as these may now exist or be revised from time to time. Registrant agrees to be bound and abide by any ICANN Consensus Policies including, but not limited to, the Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension (URS), as now in effect and as may be adopted and/or amended at any time and from time to time;
      2. neither the registration of the domain name, nor the manner in which it is to be directly or indirectly used by the Registrant or otherwise, will or may infringe the legal rights or intellectual property rights of a third party;
      3. the Registrant will use or display the domain name in accordance with the laws, rules, and regulations of any applicable national, state, territorial, or international or other laws, rules, and regulations, and ICANN Consensus Policies, and will not use the domain name in any way which violates or may violate a right of the Registry or any third party;
      4. any violation of these Registry Policies may result in lock, suspension, or termination of the domain name in question or other domain names the Registrant may have registered in the TLD, in the Registry’s sole discretion;
      5. the information provided by the Registrant is true, complete and accurate, and the Registrant will update said information in a timely manner if it changes;
      6. the Registrant is either: (a) an identifiable human individual over the 18 years of age or otherwise recognized as being able to enter into a legally-binding contract under applicable law; or, (b) a properly described and legally-recognized entity within its national jurisdiction, e.g., corporation, limited liability company, partnership, association, society, or proprietary limited company for which the Registrant has legally binding authority to enter into this Agreement and the Registry Policies;
      7. the Registrant will not, directly or indirectly, through registration or use of the domain name or otherwise:
         1. register a domain name for the purpose of unlawfully diverting trade from another business or website;
         2. deliberately register as a domain name misspellings of another person or entity’s personal, company or brand name(s) or confusingly similar domain name(s) in order to pass-off or trade on the business, goodwill or reputation of another, or otherwise infringe upon a third party’s intellectual property rights;
         3. grant or purport to grant a security interest or other encumbrance on or over the domain name unless: such security interest or other encumbrance does not exceed the rights of the Registrant in the domain name as limited by this Agreement, does not impair the Registrant’s ability to fulfil the Registrant’s obligations under this Agreement, and does not impose or purport to impose obligations on the Registry beyond the obligations owed by the Registry to the Registrant in the absence of such a security interest or encumbrance;
      8. the Registrant meets, and will continue to meet for the whole of the Term, any and all eligibility criteria prescribed in the Registry Policies for registering and using the domain name;
      9. the Registrant will maintain the Registrant Information provided pursuant to the requirements of this Agreement;
      10. the Registrant has not previously submitted an Application for registration of a domain name for the same character string where:
          1. the Registrant is relying on the same eligibility criteria for both domain name Applications; and
          2. the domain name application has previously been rejected;
      11. any content, material, email, or webpage, contained on any Uniform Resource Locator (URL), website, or webpage accessing, utilizing, or accessed by means of the domain name, complies with the Acceptable Use Policy, whether incorporated directly into, forwarded, or framed by means of the domain name or otherwise;
      12. the Registrant has not relied upon any representation or promise which does not appear in this Agreement;
      13. the Registrant’s use of the domain name and of any webpage, email, or URL accessed by or utilizing the domain name will comply with the requirements of the Acceptable Use Policy.
   7. Breach and Cure. Failure of a Registrant to abide by any provision of this Agreement and all other Registry Policies will be considered a material breach. In the event of such material breach, the Registry may in its sole discretion, with the cooperation of Synergy Wholesale, suspend, lock, modify, or transfer the domain name and/or may provide written (which may be by email) notice to the Registrant describing the material breach. In any event, where the Registry gives notice, by way of Synergy Wholesale, to the Registrant, that there is a breach, the Registrant shall rectify, cure, or refute within thirty (30) calendar days. In the event a breach is not rectified, cured, or refuted by the Registrant to Registry’s sole satisfaction within the thirty (30) day period, the Registry may cancel or otherwise modify the Registrant’s registration of and license to use the domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be waived in the event that the Registry did not act earlier in response to the specific breach, or any other breach, by Registrant. In the event of a breach which, in the sole discretion of the Registry or Synergy Wholesale, causes or is likely to cause immediate harm to the public interest or the Registry, or which violates or is likely to violate any applicable law or regulation, then Synergy Wholesale and/or the Registry may, with the cooperation of Synergy Wholesale, modify, suspend, transfer, or terminate services to the Registrant without written notice; the modification, suspension, transfer, or termination of services constituting notice to Registrant that such a breach has occurred. See below for important limitations on the liability of the Registry and Synergy Wholesale with regard to acts by such parties under this Section.

The Registry may delegate authority to:

1. 1. 1. investigate any breach or potential breach of the Registry Policies; and
      2. take action to cure or sanction any breach or potential breach of the Registry Policies, including the authority to immediately suspend or transfer use of a domain name upon detection by a service provider or notification, e.g., from an Internet security agency, that the domain name may contain malicious software or otherwise violates the Acceptable Use Policy.

In such circumstances, neither the Registry, Synergy Wholesale, nor their respective employees, directors, officers, affiliates, representatives, delegees, shareholders, agents, successors, and/or assigns nor any external service provider or Internet security agency triggering the suspension or transfer shall be liable to the Registrant or any other person on account of any service disruption or loss, irrespective of the nature of that loss.

1. 1. Disputes Between Registrants. The Registrant acknowledges that the Registry cannot, and does not, screen or otherwise review any Application to verify that the Registrant has the legal right to use a particular character string as or in a domain name, or that the Registrant will not infringe the rights of a third party. In the event that any third party disputes the Registrant’s legal right to use, display, exploit, or register the domain name in any fashion, including allegations that infringing material (as defined in the Acceptable Use Policy) is displayed on or forwarded, including via the use of frames, to a website which is resolved via the domain name or that the registration or use of the domain name itself infringes the third party’s rights, the Registrant shall act in accordance with and agree to be bound by the ICANN-mandated URS, UDRP, applicable ICANN Consensus Policies, and the Registry’s CRS. The Registrant will be solely liable in the event that the Registrant’s use of the domain name is found to constitute an infringement or other violation of a third party’s rights.
   2. Indemnity. The Registrant shall indemnify and hold harmless the Registry, Synergy Wholesale, and such parties’ officers, directors, shareholders, owners, managers, employees, agents, representatives, contractors, affiliates, successors, assigns, and attorneys (the Registry Related Parties) from and against any and all claims made by third parties against the Registrant or Registry Related Parties, including, but not limited to, all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including lawyers or attorneys’ fees, which fees shall be determined on a full indemnity basis (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party), and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of domain name registration or other services, or the domain name itself, including the Registrant’s use, display, exploitation, or registration of the domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant’s indemnification obligations but will not be required to do so in order to rely upon this indemnity. Failure to provide such written assurances in a form satisfactory to the indemnified party is a material breach of this Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, transfer, or modification of the domain name registration services and any such termination, suspension, transfer, or modification shall in no way prejudice or substitute for an indemnified party’s right to seek indemnification by way of litigation or otherwise.
   3. DISCLAIMER AND LIMITATION OF LIABILITY. THE REGISTRANT ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR OTHERWISE RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE THE DOMAIN NAME OR IN ANY OTHER WAY RELATED TO THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY THE REGISTRY AND/OR REGISTRY RELATED PARTIES), OR OTHERWISE. THE REGISTRY’S LIABILITY FOR ANY BREACH OF A CONDITION OR WARRANTY IMPLIED BY ANY OF THE REGISTRY POLICIES, INCLUDING THE NAMING POLICY, ACCEPTABLE USE POLICY, REGISTRANT AGREEMENT, PRIVACY & WHOIS POLICY, COMPLAINT RESOLUTION SERVICE, AND/OR THE REGISTRY–REGISTRAR AGREEMENT SHALL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE TO ONE OF THE FOLLOWING (AS THE REGISTRY MAY DETERMINE IN ITS SOLE DISCRETION:
      1. SUPPLYING THE DOMAIN NAME AGAIN; OR
      2. PAYING THE REASONABLE COST INCURRED OF HAVING THE SERVICES SUPPLIED AGAIN.

ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM “HACKING,” DENIAL OF SERVICE ATTACK, VIRUS, WORM, OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME OR SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT THE REGISTRY OR A REGISTRY RELATED PARTY TAKES ACTION WITH RESPECT TO A REGISTRY DOMAIN NAME PURSUANT TO THE REGISTRY POLICIES, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY THE REGISTRY AND/OR A REGISTRY RELATED PARTY, BY OR THROUGH THE REGISTRY COMPLAINT RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND/OR REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE DOMAIN NAME OR, AT THE SOLE DISCRETION OF THE REGISTRY, A REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, THE REGISTRY AND/OR REGISTRY RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, TELECOMMUNICATION FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE REGISTRY TOP-LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY FOR THE REGISTRY OR REGISTRY RELATED PARTIES’ BREACH OF THIS AGREEMENT OR NEGLIGENCE OF ANY TIME SHALL BE, AT THE SOLE DISCRETION OF THE REGISTRY OR THE REGISTRY RELATED PARTIES, THE RESUPPLY OF THE DOMAIN NAME OR A REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT’S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO THE REGISTRY OR REGISTRY RELATED PARTIES BY THE REGISTRANT.

1. 1. Notices. Notices to the Registry shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) to:

CEOTLD Pty Ltd 322/5 Lime Street, Sydney 2000 AUSTRALIA Notices mailed by official mail shall be deemed delivered on signed receipt. Notices to Registrant shall be delivered by registered or certified mail, postage prepaid, or reputable receipted commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in the sole discretion of the Registry or its agent such as a Registry Related Party, by email or fax to the Registrant, such notice to be deemed delivered upon transmission.

1. Governing Law/Forum Selection. For all disputes in which the Registry may be or is a party, this Agreement shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Australia and applicable to contracts made and wholly performed therein, without regard to conflict of laws principles. The Registrant hereby irrevocably consents to the exclusive jurisdiction of the Courts of the Commonwealth of Australia, for any and all claims or disputes directed against the Registry and which arise out of, purport to enforce, construe, or otherwise relate to the domain name, this Agreement, or Registry Policies. The exclusive venue for such action shall be the Courts of the Commonwealth of Australia. The Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the Registry, disputes not involving the Registry as a party may be governed by a governing law and/or forum selection clause contained in a separate agreement, if any, between the Registrant and such other disputant (for example, disputes between Synergy Wholesale Pty Ltd Pty Ltd and a Registrant may be governed by a separate agreement, if any, between the Registrant and Synergy Wholesale Pty Ltd Pty Ltd); provided, however, that no such separate agreement may modify or waive either the Registry’s or Registrant’s consent to exclusive choice of law, jurisdiction, and venue in the Commonwealth of Australia for disputes in which the Registry is or may be a party, as described above.
2. Ownership of Information and Data. Subject to any limitations of the privacy laws of the Commonwealth of Australia, Registrant agrees and acknowledges that the Registry and/or any Registry delegee shall own all database, compilation, collective, and similar rights, title, and interests worldwide in any domain name database(s) and all information and derivative works generated from the domain name database(s), and that such domain name database may include, without limitation, any information supplied by Registrant or by the Registry that appears or should appear in the Whois or similar information repositories, and any other information generated or obtained in connection with providing domain name registration services.
3. Severability. If any provision of this Agreement or the Registry Policies is held invalid, unenforceable, or void, the remainder of the Agreement or the Registry Policies, as applicable, shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of Synergy Wholesale, Registry, and Registrant in executing this Agreement.
4. No Waiver. The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
5. Full Integration. This Agreement, as it may be modified at any time and from time to time as provided for herein, together with the Registry Policies, as they may be modified at any time and from time to time, expressly incorporated herein by reference, constitutes the entire agreement between the Registrant and Synergy Wholesale for the benefit of the Registry relating to the domain name. No prior or contemporaneous written, oral, and/or electronic representation, negotiation, or agreement form a part of this Agreement, and this Agreement supersedes all prior written, oral, or electronic agreements between the Registrant and the Registry relating to the domain name. Additional agreements, if any, may be entered into between the Registrant and Synergy Wholesale relating to domain name services provided by Synergy Wholesale, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement, neither may such an additional agreement impose any obligation upon the Registry without the Registry’s express prior written consent. If there is any conflict between such additional agreements and this Agreement, this Agreement shall prevail.
6. Written Agreement. This Agreement constitutes a written agreement between the Registrant and Synergy Wholesale for the benefit of the Registry even though the Registrant’s Application may be dispatched electronically, and even though the Registry may accept the Application electronically. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
7. Assignment. The parties agree that the Registry may assign, sub-assign, transfer, sell, license, or sub-license its rights and obligations under this Agreement or any portion thereof to a third party without prior written notice to the Registrant.
8. Survival of Obligations. The parties agree that clauses 6 (Scope of Registration), 7 (Registrant Representations and Warranties), 8 (Breach and Cure), 9 (Disputes Between Registrants), 10 (Indemnity), 11 (DISCLAIMER AND LIMITATION OF LIABILITY), 12 (Notices), 13 (Governing Law/Forum Selection), 14 (Ownership of Information and Data), and 15 (Severability) of these Registration Terms shall survive the expiry or termination of this Agreement.
9. Headings. The headings of sections contained in this Agreement are inserted solely for convenience and ease of reference only and shall not constitute any part of this agreement, or have any effect on its interpretation or construction.
10. Third Party Beneficiary. The Registry is an intended third party beneficiary of this Agreement with rights to enforce its terms. The Registrant agrees to cooperate with the Registry or Synergy Wholesale in Agreement compliance-related matters. There are no other third party beneficiaries of this Agreement

THIS AGREEMENT IS AND THE REGISTRY POLICIES ARE EFFECTIVE AND BINDING AS OF THE TIME OF SUBMISSION, BY THE REGISTRANT, AN APPLICATION FOR A DOMAIN NAME OR AT THE TIME OF PAYMENT, WHICHEVER IS EARLIER.

21.38.5.1 Registry

The Registry for .club is Club Domains, LLC. The Registry website is located at http://nic.club.

21.38.5.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Terms and Policies and Privacy Policy which can be located at www.nic.club/terms/ and www.nic.club/privacy/ respectively.

21.38.5.3 Rights Protection Mechanisms

The Registry shall comply with the Trademark Clearinghouse Rights Protection Mechanism Requirements or any successor document related to the same as approved and published by ICANN

21.38.5.4 Reserved Names and Premium Auctions

The Registry may reserve, and not allow the registration of any Registry TLD strings which:

1. appear on the list of reserved TLD(s) strings set forth in Specification 5 of the Registry Agreement;
2. such other names as are designated by the Registry to be reserved prior to General Availability of the Registry TLD to the public; or
3. any other name designated by the Registry at its sole discretion.

You acknowledge and agree that if you are seeking to register a Premium Name, as determined by the Registry in its sole discretion, then use of the name is also subject to additional terms and conditions contained in a separate agreement between Registrant and the Registry, and that the Registrant’s rights in any such name are also governed by the terms of the separate Premium Name Agreement.

21.38.5.6 Sunrise

You agree that, by submitting a Sunrise Application, the Registry and/or its Authorized Auction Provider or Agent is authorized to share information relating to your Sunrise application with other Sunrise Applicants.

21.38.5.7 Abuse

You acknowledge and agree to comply with the Registry’s Acceptable Use policies and Terms of Service, as they may be instituted or updated from time to time and published on the Registry website. The Registry reserves the right to take immediate action to remove orphan glue records (as defined at https://www.icann.org/en/system/files/files/sac-048-en.pdf) when provided with evidence in written form that such records are present in connection with malicious conduct.

21.38.6.1 Registry

The Registry for .kiwi is Dot Kiwi Limited. The Registry website is located at http://hello.kiwi. The Registry’s policies, including the Registrant Agreement, are found at https://hello.kiwi/policies.

21.38.6.2 Registrant Agreement

This Registrant Agreement is part of the Registry Policies, which form a cohesive framework and must be read in conjunction with one another, as well as with other applicable agreements, policies, laws, and regulations which, taken together, represent the entirety of your obligations and responsibilities with regard to any domain name registration. By applying to register or renew a domain name in this Registry (hereinafter referred to as an Application) or by registering one or more domain name(s), the Registrant hereby acknowledges that they have read and agree to be bound by all terms and conditions of this Agreement, as well as the other documents in the Registry Policies. The most recent Registry Policies apply to any and all domain name applications, domain names, and domain name registrations in this Registry and explain the terms, conditions, rights, and obligations between the Registry, the Registrar, and the Registrant. Those parts of the Registry Policies that are not part of the text of this Registration Agreement are incorporated into this Registration Agreement by this reference. The Registry may, in its sole discretion, modify the Registry Policies at any time and from time to time. The Registry shall post the current version of the Registry Policies on the Registry Website. The Registry may inform Synergy Wholesale of changes to the Registry Policies via email, and Synergy Wholesale may in turn notify the Registrant of any changes thereto; the Registrant agrees that such email shall not be considered spam; however, neither the Registry nor Synergy Wholesale shall not be obligated to provide such notice via email or otherwise. The Registrant agrees to check the Registry Website periodically for Registry Policy updates. The Registrant’s continued registration and/or use of a domain name following the date the most current version of the Registry Policies is posted to the Registry Webpage, which shall be the effective date, constitutes the Registrant’s acceptance of such revised Registry Policies. In the event that the Registrant does not wish to be bound by the revised Registry Policies, the Registrant’s sole remedy is to cancel the registration of any domain name covered by the Registry Policies, by following the appropriate Registry and/or Synergy Wholesale policies regarding such cancellation.

1. Registration Fee. The Registrant shall pay to Synergy Wholesale the appropriate registration fee (Registration Fee) applicable at the time the Registrant submits its Application to Synergy Wholesale. Payment of the Registration Fee shall be made in accordance with the requirements of Synergy Wholesale, and the Registry Policies are effective at the time of submission of such application or at the time of payment, whichever is earlier. All Registration Fees paid pursuant to this Agreement are non-refundable except as provided for herein. It is the responsibility of Synergy Wholesale to pay a separate registration fee to the Registry in connection with such domain name application, and the Registry is not bound to accept any application until such separate registration fee is paid by Synergy Wholesale. The Registry will not refund any Registration Fee or other fee to the Registrant in the event of non–performance by Synergy Wholesale; the Registry disclaims any and all liability for any losses incurred as a result of any non-performance by Synergy Wholesale including where a third party may obtain registration of a domain name for which an Application has been submitted.
2. Term and Renewal Term. The Registrant’s exclusive registration of the domain name shall continue for the term specified in the accepted application (the Term), subject to the Registry’s and/or Synergy Wholesale’ right to suspend or terminate the domain name pursuant to this Agreement and the Registry Policies, which are incorporated herein by reference. Domain name Registrations may be made for an annual term of between one (1) and ten (10) years.
3. Registrant Information. The Registrant shall ensure that the information submitted by or on behalf of the Registrant to Synergy Wholesale in connection with registration of the domain name or otherwise (Registrant Information), will, throughout the Term, comply with the Registry Policies as may be in effect from time to time and will remain true, current, complete, accurate, and reliable. The Registrant shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by immediately making such changes in their account with Synergy Wholesale as registrar. The Registry reserves and may exercise the right to suspend and/or terminate the Registrant’s registration of the domain name if: (i) information provided by the Registrant to Synergy Wholesale and/or Registry appears, in the Registry’s sole discretion, to be false, inaccurate, incomplete, unreliable, or misleading in any respect; or (ii) the Registrant fails to maintain, update, and/or keep the Registrant Information true, current, complete, accurate, and reliable. In such a circumstance, the Registry may, in its sole discretion, with the cooperation of Synergy Wholesale, suspend the Registrant’s domain name(s) upon the Registry’s receipt of knowledge that such information is deficient. The Registrant acknowledges that a breach of this Section will constitute a material breach of this Registration Agreement, which will entitle the Registry to terminate this Agreement, resulting in suspension and/or deletion of the domain name, immediately upon such breach without any refund of the Registration Fee and without any obligation of notice to the Registrant. The Registry shall not be liable to the Registrant or any third party either for taking action, or failing or declining to take action for the Registrant’s violation of this section.
   1. The Registrant acknowledges and agrees that all personal information about the Registrant which is supplied to the Registry and/or Synergy Wholesale may be publicly available to third parties via a public “Whois” service, as required by ICANN and as allowed by applicable laws.
   2. Registrants must provide all contact information as required by Synergy Wholesale. Providing true, current, complete, and accurate contact information is an absolute condition of registration of a domain name within this TLD. If any Registrant Information provided during registration or subsequent modification to that information is false, inaccurate, or misleading or conceals or omits pertinent information, the Registry may, in its sole discretion, terminate, suspend, place on hold, or cancel the domain name registration of any Registrant without notification and without refund to the Registrant.
   3. The Registrant is responsible for responding in a timely fashion to communications from Synergy Wholesale or the Registry regarding any domain name registered by or on behalf of the Registrant.
   4. The Registry retains the irrevocable right, but expressly disclaims any obligation, in its sole discretion, to monitor and/or scan any content published or sent under a domain name registered in the Registry, including where such content involves an intrusion or causes modification of Registry or other data, providing such scanning is for the purpose of identifying Internet security vulnerabilities or the presence of malicious software or content capable of causing harm or disruption to the systems of other Internet users or the Registry, or content which is illegal. The Registry may delegate this right to its agents, representatives, successors, and assigns or choose not to exercise the right. The Registry shall not be liable to the Registrant or any third party either for taking action, or failing or declining to take action for the Registrant’s violation of this section.
4. Registrant’s Agents. The Registrant understands, acknowledges, and agrees that by using the domain name, the Registrant accepts the terms and conditions of and is bound by this Agreement (including the Registry Policies incorporated into this Agreement), even if an agent (such as an Internet service provider, domain name retailer, domain name reseller, or employee) entered into this Agreement on the Registrant’s behalf, and even if the Registrant has not itself read this Agreement and/or the Registry Policies. Further, the Registrant understands, acknowledges and agrees that it is responsible for all information submitted by its agent. The Registry may, but will not be bound to, cancel this Agreement due to any errors or omissions by the Registrant’s agent in the registration process or thereafter (e.g., if such agent provides incorrect Registrant Information), as the agent’s apparent authority will be deemed actual authority and will suffice to bind the Registrant. By acting on the Registrant’s behalf, such agent represents and warrants to the Registry that the agent is authorised to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Agreement (including the Registry Policies incorporated into this Agreement).
5. Scope of Registration. On payment of the Registration Fee to Synergy Wholesale and after payment by Synergy Wholesale to the Registry of the separate Synergy Wholesale registrar registration fee, and after acceptance of the application, the Registrant will be entitled to a limited license for the exclusive use of the applied-for domain name which, in the event of sale, assignment, sublicense, or otherwise, the registration and use of the domain name shall at all times be subject to continuing compliance with the terms of this Agreement and the Registry Policies, for the duration of the Term. However, the Registrant may not sublicense, use, display, exploit, or register a domain name in any manner which, in the sole discretion of the Registry or its delegee, may constitute illegal activity or cause or permit any contravention or violation of the Registry Policies, whether or not in connection with the registered domain name. In the event of any assignment, sub-license or similar transaction, the Registrant remains responsible for complying with all terms and conditions of this Agreement, and accepts liability for any harm caused by such sub-licensor or third party’s use of the domain name in contravention of this Agreement or the Registry Policies. The Registrant acknowledges that a breach of this Section by the Registrant and/or its agent, assignee, sub-licensor, or any other third party, will constitute a material breach of this Agreement, which will entitle the Registry to terminate this Agreement or take such other action as it deems necessary or desirable, without any refund of the Registration Fee, at the Registry’s sole discretion. Further, in the event of such termination, the Registry or Synergy Wholesale may, in such party’s sole discretion, refuse registration of domain names by Registrant or discontinue services with respect to the Registrant’s domain name or any other domain name which, in the sole discretion of the Registry or its delegee, it deems to be related, including but not limited to other domain names registered by the same Registrant and/or agent. In case of such refusal or discontinuation without cause (“cause” being defined as dishonouring any payment made to Synergy Wholesale and/or the Registry or any violation of the Registry Policies), neither the Registry nor Synergy Wholesale shall be liable for any loss, damage, or other injury whatsoever, including but not limited to economic or consequential loss and/or damages, resulting from the Registry’s or Synergy Wholesale’ refusal to register, or decision to discontinue services for, the Registrant’s domain name, including to the extent permitted by applicable law in cases of negligence.
6. Registrant Representations and Warranties. The Registrant represents, warrants, and covenants that:
   1. the Registrant understands that registration entitles the Registrant only to a limited license for the use of the domain name(s) for the Term, subject to compliance with this Agreement, the Registry Policies and other applicable rules and laws, including those concerning trademarks and other types of intellectual property rights, as these may now exist or be revised from time to time. Registrant agrees to be bound and abide by any ICANN Consensus Policies including, but not limited to, the Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension (URS), as now in effect and as may be adopted and/or amended at any time and from time to time;
   2. neither the registration of the domain name, nor the manner in which it is to be directly or indirectly used by the Registrant or otherwise, will or may infringe the legal rights or intellectual property rights of a third party;
   3. the Registrant will use or display the domain name in accordance with the laws, rules, and regulations of any applicable national, state, territorial, or international or other laws, rules, and regulations, and ICANN Consensus Policies, and will not use the domain name in any way which violates or may violate a right of the Registry or any third party;
   4. any violation of these Registry Policies may result in lock, suspension, or termination of the domain name in question or other domain names the Registrant may have registered in the TLD, in the Registry’s sole discretion;
   5. the information provided by the Registrant is true, complete and accurate, and the Registrant will update said information in a timely manner if it changes;
   6. the Registrant is either: (a) an identifiable human individual over the 18 years of age or otherwise recognized as being able to enter into a legally-binding contract under applicable law; or, (b) a properly described and legally-recognized entity within its national jurisdiction, e.g., corporation, limited liability company, partnership, association, society, or proprietary limited company for which the Registrant has legally binding authority to enter into this Agreement and the Registry Policies;
   7. the Registrant will not, directly or indirectly, through registration or use of the domain name or otherwise:
      1. register a domain name for the purpose of unlawfully diverting trade from another business or website;
      2. deliberately register as a domain name misspellings of another person or entity’s personal, company or brand name(s) or confusingly similar domain name(s) in order to pass-off or trade on the business, goodwill or reputation of another, or otherwise infringe upon a third party’s intellectual property rights;
      3. grant or purport to grant a security interest or other encumbrance on or over the domain name unless: such security interest or other encumbrance does not exceed the rights of the Registrant in the domain name as limited by this Agreement, does not impair the Registrant’s ability to fulfil the Registrant’s obligations under this Agreement, and does not impose or purport to impose obligations on the Registry beyond the obligations owed by the Registry to the Registrant in the absence of such a security interest or encumbrance;
   8. the Registrant meets, and will continue to meet for the whole of the Term, any and all eligibility criteria prescribed in the Registry Policies for registering and using the domain name;
   9. the Registrant will maintain the Registrant Information provided pursuant to the requirements of this Agreement;
   10. the Registrant has not previously submitted an Application for registration of a domain name for the same character string where:
       1. the Registrant is relying on the same eligibility criteria for both domain name Applications; and
       2. the domain name application has previously been rejected;
   11. any content, material, email, or webpage, contained on any Uniform Resource Locator (URL), website, or webpage accessing, utilizing, or accessed by means of the domain name, complies with the Acceptable Use Policy, whether incorporated directly into, forwarded, or framed by means of the domain name or otherwise;
   12. the Registrant has not relied upon any representation or promise which does not appear in this Agreement;
   13. the Registrant’s use of the domain name and of any webpage, email, or URL accessed by or utilizing the domain name will comply with the requirements of the Acceptable Use Policy.
7. Breach and Cure. Failure of a Registrant to abide by any provision of this Agreement and all other Registry Policies will be considered a material breach. In the event of such material breach, the Registry may in its sole discretion, with the cooperation of Synergy Wholesale, suspend, lock, modify, or transfer the domain name and/or may provide written (which may be by email) notice to the Registrant describing the material breach. In any event, where the Registry gives notice, by way of Synergy Wholesale, to the Registrant, that there is a breach, the Registrant shall rectify, cure, or refute within thirty (30) calendar days. In the event a breach is not rectified, cured, or refuted by the Registrant to Registry’s sole satisfaction within the thirty (30) day period, the Registry may cancel or otherwise modify the Registrant’s registration of and license to use the domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be waived in the event that the Registry did not act earlier in response to the specific breach, or any other breach, by Registrant. In the event of a breach which, in the sole discretion of the Registry or Synergy Wholesale, causes or is likely to cause immediate harm to the public interest or the Registry, or which violates or is likely to violate any applicable law or regulation, then Synergy Wholesale and/or the Registry may, with the cooperation of Synergy Wholesale, modify, suspend, transfer, or terminate services to the Registrant without written notice; the modification, suspension, transfer, or termination of services constituting notice to Registrant that such a breach has occurred. See below for important limitations on the liability of the Registry and Synergy Wholesale with regard to acts by such parties under this Section.The Registry may delegate authority to:
   1. investigate any breach or potential breach of the Registry Policies; and
   2. take action to cure or sanction any breach or potential breach of the Registry Policies, including the authority to immediately suspend or transfer use of a domain name upon detection by a service provider or notification, e.g., from an Internet security agency, that the domain name may contain malicious software or otherwise violates the Acceptable Use Policy.
   In such circumstances, neither the Registry, Synergy Wholesale, nor their respective employees, directors, officers, affiliates, representatives, delegees, shareholders, agents, successors, and/or assigns nor any external service provider or Internet security agency triggering the suspension or transfer shall be liable to the Registrant or any other person on account of any service disruption or loss, irrespective of the nature of that loss.
8. Disputes Between Registrants. The Registrant acknowledges that the Registry cannot, and does not, screen or otherwise review any Application to verify that the Registrant has the legal right to use a particular character string as or in a domain name, or that the Registrant will not infringe the rights of a third party. In the event that any third party disputes the Registrant’s legal right to use, display, exploit, or register the domain name in any fashion, including allegations that infringing material (as defined in the Acceptable Use Policy) is displayed on or forwarded, including via the use of frames, to a website which is resolved via the domain name or that the registration or use of the domain name itself infringes the third party’s rights, the Registrant shall act in accordance with and agree to be bound by the ICANN-mandated URS, UDRP, applicable ICANN Consensus Policies, and the Registry’s CRS. The Registrant will be solely liable in the event that the Registrant’s use of the domain name is found to constitute an infringement or other violation of a third party’s rights.
9. Indemnity. The Registrant shall indemnify and hold harmless the Registry, Synergy Wholesale, and such parties’ officers, directors, shareholders, owners, managers, employees, agents, representatives, contractors, affiliates, successors, assigns, and attorneys (the Registry Related Parties) from and against any and all claims made by third parties against the Registrant or Registry Related Parties, including, but not limited to, all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including lawyers or attorneys’ fees, which fees shall be determined on a full indemnity basis (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party), and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of domain name registration or other services, or the domain name itself, including the Registrant’s use, display, exploitation, or registration of the domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant’s indemnification obligations but will not be required to do so in order to rely upon this indemnity. Failure to provide such written assurances in a form satisfactory to the indemnified party is a material breach of this Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, transfer, or modification of the domain name registration services and any such termination, suspension, transfer, or modification shall in no way prejudice or substitute for an indemnified party’s right to seek indemnification by way of litigation or otherwise.
10. DISCLAIMER AND LIMITATION OF LIABILITY. THE REGISTRANT ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR OTHERWISE RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE THE DOMAIN NAME OR IN ANY OTHER WAY RELATED TO THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY THE REGISTRY AND/OR REGISTRY RELATED PARTIES), OR OTHERWISE. THE REGISTRY’S LIABILITY FOR ANY BREACH OF A CONDITION OR WARRANTY IMPLIED BY ANY OF THE REGISTRY POLICIES, INCLUDING THE NAMING POLICY, ACCEPTABLE USE POLICY, REGISTRANT AGREEMENT, PRIVACY & WHOIS POLICY, COMPLAINT RESOLUTION SERVICE, AND/OR THE REGISTRY–REGISTRAR AGREEMENT SHALL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE TO ONE OF THE FOLLOWING (AS THE REGISTRY MAY DETERMINE IN ITS SOLE DISCRETION:
    1. SUPPLYING THE DOMAIN NAME AGAIN; OR
    2. PAYING THE REASONABLE COST INCURRED OF HAVING THE SERVICES SUPPLIED AGAIN.
    ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM “HACKING,” DENIAL OF SERVICE ATTACK, VIRUS, WORM, OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME OR SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT THE REGISTRY OR A REGISTRY RELATED PARTY TAKES ACTION WITH RESPECT TO A REGISTRY DOMAIN NAME PURSUANT TO THE REGISTRY POLICIES, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY THE REGISTRY AND/OR A REGISTRY RELATED PARTY, BY OR THROUGH THE REGISTRY COMPLAINT RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND/OR REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE DOMAIN NAME OR, AT THE SOLE DISCRETION OF THE REGISTRY, A REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. IN ADDITION, THE REGISTRY AND/OR REGISTRY RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, TELECOMMUNICATION FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE REGISTRY TOP-LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY FOR THE REGISTRY OR REGISTRY RELATED PARTIES’ BREACH OF THIS AGREEMENT OR NEGLIGENCE OF ANY TIME SHALL BE, AT THE SOLE DISCRETION OF THE REGISTRY OR THE REGISTRY RELATED PARTIES, THE RESUPPLY OF THE DOMAIN NAME OR A REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT’S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO THE REGISTRY OR REGISTRY RELATED PARTIES BY THE REGISTRANT.
11. Notices. Notices to the Registry shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) to:Dot Kiwi Limited PO Box 8207 Symonds Street Auckland New Zealand Notices mailed by official mail shall be deemed delivered on signed receipt. Notices to Registrant shall be delivered by registered or certified mail, postage prepaid, or reputable receipted commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in the sole discretion of the Registry or its agent such as a Registry Related Party, by email or fax to the Registrant, such notice to be deemed delivered upon transmission.
12. Governing Law/Forum Selection. For all disputes in which the Registry may be or is a party, this Agreement shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Australia and applicable to contracts made and wholly performed therein, without regard to conflict of laws principles. The Registrant hereby irrevocably consents to the exclusive jurisdiction of the Courts of the Commonwealth of Australia, for any and all claims or disputes directed against the Registry and which arise out of, purport to enforce, construe, or otherwise relate to the domain name, this Agreement, or Registry Policies. The exclusive venue for such action shall be the Courts of the Commonwealth of Australia. The Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the Registry, disputes not involving the Registry as a party may be governed by a governing law and/or forum selection clause contained in a separate agreement, if any, between the Registrant and such other disputant (for example, disputes between Synergy Wholesale Pty Ltd Pty Ltd and a Registrant may be governed by a separate agreement, if any, between the Registrant and Synergy Wholesale Pty Ltd Pty Ltd); provided, however, that no such separate agreement may modify or waive either the Registry’s or Registrant’s consent to exclusive choice of law, jurisdiction, and venue in the Commonwealth of Australia for disputes in which the Registry is or may be a party, as described above.
13. Ownership of Information and Data. Subject to any limitations of the privacy laws of the Commonwealth of Australia, Registrant agrees and acknowledges that the Registry and/or any Registry delegee shall own all database, compilation, collective, and similar rights, title, and interests worldwide in any domain name database(s) and all information and derivative works generated from the domain name database(s), and that such domain name database may include, without limitation, any information supplied by Registrant or by the Registry that appears or should appear in the Whois or similar information repositories, and any other information generated or obtained in connection with providing domain name registration services.
14. Severability. If any provision of this Agreement or the Registry Policies is held invalid, unenforceable, or void, the remainder of the Agreement or the Registry Policies, as applicable, shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of Synergy Wholesale, Registry, and Registrant in executing this Agreement.
15. No Waiver. The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
16. Full Integration. This Agreement, as it may be modified at any time and from time to time as provided for herein, together with the Registry Policies, as they may be modified at any time and from time to time, expressly incorporated herein by reference, constitutes the entire agreement between the Registrant and Synergy Wholesale for the benefit of the Registry relating to the domain name. No prior or contemporaneous written, oral, and/or electronic representation, negotiation, or agreement form a part of this Agreement, and this Agreement supersedes all prior written, oral, or electronic agreements between the Registrant and the Registry relating to the domain name. Additional agreements, if any, may be entered into between the Registrant and Synergy Wholesale relating to domain name services provided by Synergy Wholesale, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement, neither may such an additional agreement impose any obligation upon the Registry without the Registry’s express prior written consent. If there is any conflict between such additional agreements and this Agreement, this Agreement shall prevail.
17. Written Agreement. This Agreement constitutes a written agreement between the Registrant and Synergy Wholesale for the benefit of the Registry even though the Registrant’s Application may be dispatched electronically, and even though the Registry may accept the Application electronically. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
18. Assignment. The parties agree that the Registry may assign, sub-assign, transfer, sell, license, or sub-license its rights and obligations under this Agreement or any portion thereof to a third party without prior written notice to the Registrant.
19. Survival of Obligations. The parties agree that clauses 6 (Scope of Registration), 7 (Registrant Representations and Warranties), 8 (Breach and Cure), 9 (Disputes Between Registrants), 10 (Indemnity), 11 (DISCLAIMER AND LIMITATION OF LIABILITY), 12 (Notices), 13 (Governing Law/Forum Selection), 14 (Ownership of Information and Data), and 15 (Severability) of these Registration Terms shall survive the expiry or termination of this Agreement.
20. Headings. The headings of sections contained in this Agreement are inserted solely for convenience and ease of reference only and shall not constitute any part of this agreement, or have any effect on its interpretation or construction.
21. Third Party Beneficiary. The Registry is an intended third party beneficiary of this Agreement with rights to enforce its terms. The Registrant agrees to cooperate with the Registry or Synergy Wholesale in Agreement compliance-related matters.

THIS AGREEMENT IS AND THE REGISTRY POLICIES ARE EFFECTIVE AND BINDING AS OF THE TIME OF SUBMISSION, BY THE REGISTRANT, AN APPLICATION FOR A DOMAIN NAME OR AT THE TIME OF PAYMENT, WHICHEVER IS EARLIER.

21.38.6.3 Third Party Beneficiary

The Registry is an intended third party beneficiary of this Agreement with rights to enforce its terms. The Registrant agrees to cooperate with the Registry or Synergy Wholesale in Agreement compliance-related matters.

21.38.7.1 Registry

The Registry for .luxury is Luxury Partners LLC. The Registry website is located at http://www.dotluxury.com and http://nic.luxury/.

21.38.7.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Acceptable Use and Takedown Policy, Data Protection and Privacy Policy, Landrush Policy, Reserved and Restricted Names Policy, Sunrise Policy, Sunrise Dispute Resolution Policy – National Arbitration Forum and WHOIS Policy which can be located at www.nic.luxury/#documents.

21.38.7.3 Third Party Beneficiaries

Notwithstanding anything in this Agreement to the contrary, Luxury Partners, LLC, the Registry of the .LUXURY TLD, is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of Luxury Partners, LLC have vested and that Luxury Partners, LLC has relied on its third party beneficiary rights under this Agreement in agreeing to Synergy Wholesale being a registrar for the .LUXURY TLD. Additionally, the third party beneficiary rights of Luxury Partners, LLC shall survive any termination of this Agreement.

21.38.7.4 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of the State of California and the Parties expressly submit to the jurisdiction of the State and Federal courts in Los Angeles County, California.

21.38.8.1 Registry

The Registry for .best is BestTLD Pty Ltd.

21.38.8.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Naming Policy, Acceptable Use Policy, Privacy & Whois Policy and Complaint Resolution Service.

21.38.8.3 Governing Law

This Agreement shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Australia applicable to contracts made and wholly performed therein, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive personal jurisdiction of the courts of the Commonwealth of Australia, for any and all claims or disputes directed against the Registry and which arise out of, purport to enforce, construe, or otherwise relate to the TLD, this Agreement, or the Registry policies.

21.38.9.1 Registry

The Registry for .berlin is dotBERLIN GmbH & Co. KG. The Registry website is located at https://dot.berlin/.

21.38.9.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Anti-Abuse Policy, Registration, Reserved Domain Names Policy, Sunrise Policy, Sunrise Dispute Resolution Policy (SDRP), Eligibility Requirements Dispute Resolution Policy (ERDRP) and WHOIS Policy which can be located at https://dot.berlin/de/berlin-policies.

21.38.9.3 Acknowledgements

You acknowledge and agree that:

1. you are fully responsible for the registration and use of your registered Domain Name; and
2. you will immediately correct and update the registration information for the registered name during the registration term;

21.38.9.4 Third Party Beneficiaries

You acknowledge that the Registry is a third party beneficiary of the Registration Agreement and is entitled to enforce its rights vested by the Registration Agreement. The rights in these cases or issues vested in the Registry as beneficiary of the Registration Agreement shall survive the termination or expiration of said Registration Agreement.

21.38.9.5 Governing Law

This Agreement shall be governed and be construed under the laws of Germany, without giving effect to any conflict of law rules.

21.38.10.1 Registry

The Registry for .archi is Afilias. The Registry website is located at https://afilias.info/.

21.38.10.2 Policy

You agree to comply and be bound by all Registry policy, which can be located at https://afilias.info/.

21.38.10.3 Registration Information

By registering a .archi domain name, you certify that you are an individual professional architect (or an architecture firm) registered as a member of a national architects association authorized by the registry, or an architecture-related organization authorized by the registry.

21.38.10.4 Third Party Beneficiaries

You acknowledge and expressly agree that ICANN is an intended third-party beneficiary of this Agreement. Otherwise, this Agreement shall not be construed to create any obligation by either party to any non-party to this Agreement, including any holder of a Registered Name.

21.38.10.5 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of the State Ireland.

21.38.11.1 Registry

The Registry for .bio is Afilias.

21.38.11.2 Policy

You agree to comply and be bound by all Registry policy, which can be located at https://afilias.info/policies. The Registry website is located at https://afilias.info/.

21.38.11.3 Registration Information

By registering a .bio domain name, you commit to not undermine the Principles of Organic Agriculture as formulated by the IFOAM (POA). If you are a producer, transformer or retailer in the field of agriculture, food and farming, you commit to abide by POA and by any regulations in force in the relevant markets where you intend to present or promote your products within the on-line content associated with this .BIO domain name(s). IFOAM website can be located at http://www.ifoam.bio/en/organic-landmarks/principles-organic-agriculture. You acknowledge and agree that you will immediately correct and update your registration information during the registration term for your registered domain name, including Personal Data.

21.38.11.4 Third Party Beneficiaries

You acknowledge and expressly agree that ICANN is an intended third-party beneficiary of this Agreement. Otherwise, this Agreement shall not be construed to create any obligation by either party to any non-party to this Agreement, including any holder of a Registered Name.

21.38.11.5 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of the State Ireland.

21.38.12.1 Registry

The Registry for .jetzt is New TLD Company AB.

21.38.12.2 Third Party Beneficiaries

You acknowledge and expressly agree that ICANN is an intended third-party beneficiary of this Agreement. Otherwise, this Agreement shall not be construed to create any obligation by either party to any non-party to this Agreement, including any holder of a Registered Name.

21.38.12.3 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of Sweden.

21.38.13.1 Registry

The Registry for .UNO is Dot Latin LLC. The Registry website is located at www.unodominio.com.

21.38.13.2 Dispute Resolution

The Registry will comply with the following dispute resolution mechanisms as they may be revised from time to time (i) the Trademark Post-Delegation Dispute Resolution Procedure (PDDRP) and (ii) the Registration Restriction Dispute Resolution Procedure (RRDRP) adopted by ICANN. The Registry agrees to (i) implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Agreement) following a determination by any PDDRP or RRDRP panel and to be bound by any such determination; and (ii) the Uniform Rapid Suspension system (“URS”) adopted by ICANN, including the implementation of determinations issued by URS examiners.

21.38.13.3 Rights Protection Mechanisms

The Registry shall comply with the Trademark Clearinghouse Rights Protection Mechanism Requirements or any successor document related to the same as approved and published by ICANN.

21.38.13.4 Abuse

You acknowledge and agree to comply with the Registry’s Acceptable Use policies and Terms of Service, if any, as they may be instituted or updated from time to time and published on the Registry website specific to the Registry TLD for the registered domain name. The Registry reserves the right to take immediate action to remove orphan glue records (as defined at https://www.icann.org/en/system/files/files/sac-048-en.pdf) when provided with evidence in written form that such records are present in connection with malicious conduct

21.38.13.5 Reserved Names and Premium Auctions

The Registry may reserve, and not allow the registration of any Registry TLD strings which:

1. appear on the list of reserved TLD(s) strings set forth in Specification 5 of the Registry Agreement; or
2. such other names as are designated by the Registry to be reserved prior to General Availability of the Registry TLD to the public.

You acknowledge and agree that if you are seeking to register a Premium Name, as determined by the Registry in its sole discretion, then use of the name is also subject to additional terms and conditions contained in a separate agreement between Registrant and the Registry, and that the Registrant’s rights in any such name are also governed by the terms of the separate Premium Name Agreement.

21.38.13.6 Sunrise

You agree that, by submitting a Sunrise Application, the Registry and/or its Authorized Auction Provider or Agent is authorised to share information relating to your Sunrise application with other Sunrise Applicants. In the event any Sunrise Applicant proceeds with a Registration, such Applicant will be deemed on notice of the intellectual property claims submitted by the other Sunrise Applicant(s) and may not claim lack of notice with regard to such Applicant(s) in any subsequent dispute proceeding.

21.38.13.7 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of the State of Kansas without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of the State of Kansas to the rights and duties of the Parties. You expressly and irrevocably consent and submit to the jurisdiction and venue of each court of competent jurisdiction within the State of Kansas in connection with any legal proceeding.

21.38.14.1 Registry

The Registry for .voting is Valuetainment Corp. The Registry website is located at www.nic.voting.

21.38.14.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the .voting Eligibility Policy, .voting Domain Name Registration Policy, .voting Acceptable Use Policy, .voting Rapid Takedown Policy, .voting Whois Policy, .voting Sunrise Dispute Resolution Policy and .voting Phased Roll-out Policy which can be located at www.nic.voting/policies/index_en.html. You agree to comply with ICANN standards, policies, procedures and practices, which can be located at https://www.icann.org.

21.38.14.3 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of Switzerland without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of Switzerland to the rights and duties of the Parties.

21.38.15.1 .melbourne Domain Name Licence Terms

Your application for a .melbourne domain name license implies understanding and agreement to all policies held by us, the Registry Operator (ARI Registry Services),http://nic.melbourne/policies/ and ICANN. Registrant agrees to maintain up to date and correct registration information for any domain name during the entirety of its registration term. It is the registrants responsibility to ensure the domain name license is secured and that it is held should you wish to continue after expiry. Synergy Wholesale Pty Ltd Pty Ltd does not operate any part of the domain name systems, or grant licensing for domain names. Synergy Wholesale Pty Ltd is the registrar for .melbourne domain names. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.38.16.1 Registry

The Registry for .menu is Wedding TLD2 LLC. The Registry website is located at http://dot-menu.com

21.38.16.2 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Acceptable Use and Takedown Policy, Data Protection and Privacy Policy, Landrush Policy, Reserved & Restricted Names Policy, Sunrise Policy and WHOIS Policy which can be located at www.dot-menu.com.

21.38.16.3 Registration Information

You acknowledge and agree that you will correct and update your registration information during the registration term for your registered domain name.

21.38.16.4 Third Party Beneficiaries

Notwithstanding anything in this Agreement to the contrary, Wedding TLD2, LLC, the Registry of the .MENU TLD, is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of Wedding TLD2, LLC have vested and that Wedding TLD2, LLC has relied on its third party beneficiary rights under this Agreement in agreeing to Synergy Wholesale Pty Ltd being a registrar for the .MENU TLD. Additionally, the third party beneficiary rights of Wedding TLD2, LLC shall survive any termination of this Agreement.

21.38.16.5 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of the State of California and the Parties expressly submit to the jurisdiction of the State and Federal courts in Los Angeles County, California.

21.38.17.1 Policy

You agree to comply and be bound by all Uniregistry’s Acceptable Use policies and Terms of Service, as they may be updated from time to time and published on the Uniregistry website specific to the Uniregistry TLD for the Registered Name, and consistent with Uniregistry’s Registry Agreement with ICANN.

21.38.17.2 Acknowledgement

As a condition of purchasing and using a Registered Name in the Uniregistry TLDs you acknowledge and agree that:

1. any Registered name(s) allocated to you during any Uniregistry Sunrise Period are non-transferrable for the first ten (10) years after registration; and
2. if you have purchased a .SEXY TLD, you shall not permit content unsuitable for viewing by a minor to be viewed from the main or top-level directory of a .SEXY domain name. For purposes of clarity, content viewed at the main or top-level directory of a .SEXY domain name is the content immediately visible if a user navigates to http://example.sexy or http://www.example.sexy. No restrictions apply to the content at any other page or subdirectory addressed by a .SEXY registered domain name.
3. for the .DIET, .HIPHOP and .JUEGOS domains, you will abide by all applicable laws regarding privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.
   1. for the .DIET, .HIPHOP and .JUEGOS domains, you further agree that if you collect or maintain sensitive health and financial data that you will implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.

21.38.17.3 Governing Law

This Agreement is to be construed in accordance with and governed by the internal laws of the Cayman Islands without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the Cayman Islands to the rights and duties of the Parties.

21.38.18.1 Policy

By applying to register or reserve a domain name in a Registry TLD, you represent and warrant that neither your registration nor your use of the name will infringe the intellectual property or other rights of any third party or violate the Registry’s Acceptable Use (Anti-Abuse) Policy. You acknowledge and agree to abide by all Registry Policies set forth on the Registry’s website at http://rightside.co/registry/for-registrars/#c290 (the “Registry Website”). You specifically acknowledge and agree that the Registry Policies may be modified by the Registry, and agree to comply with any such changes in the time period specified for compliance. You agree to comply with all applicable ICANN requirements and policies found at www.icann.org/en/general/consensus-policies.htm.

21.38.18.2 Privacy and Personal Data

You consent to the collection, use, processing, and/or disclosure of personal information in the United States and in accordance with the Registry’s Privacy Policy, and incorporated by reference here. If you are submitting information from a country other than the country in which the Registry servers are located, your communications with the Registry may result in the transfer of information (including your membership account information) across international boundaries; you consent to such transfer.

21.38.18.3 Registration Information

You represent and warrant that you have provided to your Registrar current, complete, and accurate information in connection with your application for a registration, and that you will correct and update this information to ensure that it remains current, complete, and accurate throughout the term of any resulting registration or reservation. Your obligation to provide current, accurate, and complete information is a material element of these terms, and the Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration or reservation if it determines, in its sole discretion, that the information is materially inaccurate.

21.38.18.4 Acknowledgements

You agree to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, disclosure of date and financial disclosures. You agree that should you use a Registry TLD to collect and or maintain sensitive health and financial date, you implement reasonable appropriate security measures commensurate with the offering of those services as defined by applicable law. Should you choose to register one or more of the following new generic top-level domain names, you must comply with the registration requirements as described below:

1. Regulated TLDs: .ENGINEER, .MARKET, MORTGAGE, .DEGREE, .SOFTWARE, .VET, .GIVES, and .REHAB
   1. Safeguards for Regulated TLDs. Registrants must comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures. Additionally, if a Registrant collects and maintains sensitive health and financial data, Registrants must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
2. Highly-regulated TLDs: .DENTIST, .ATTORNEY, and .LAWYER
   1. Safeguards for Highly-Regulated TLDs. Registrants must provide to their Registrar administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or industry self-regulatory, bodies in their main place of business. Additionally, Registrants must possesses any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly-regulated TLD and report any material changes to the Registrant’s authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly-regulated TLD.
3. Military TLDs: .ARMY, .NAVY, and .AIRFORCE.
   1. Safeguards for Military TLDs. Registrant must take steps to ensure against misrepresenting or falsely implying that the Registrant or its business is affiliated with, sponsored or endorsed by one or more country’s or government’s military forces if such affiliation, sponsorship or endorsement does not exist.

The Registry reserves the right to modify, change, or discontinue any aspect of its Registry Services, these Registration Terms, including without limitation its prices and fees. You acknowledge and agree that the Registry, its affiliates and service providers may provide any and all required notices, agreements, modifications and changes to these Registration Terms, and other information concerning Registry TLDs electronically, by posting such items on the Registry Website. Your continued use of a Registry TLD shall constitute your acceptance of the most current versions of those notices, agreements, modifications, and changes to these Registration Terms. In the event of any conflict between these Registration Terms and the notices, agreements, modifications and changes to the Registration Terms as posted from time to time on the Registry Website, the terms posted on the Registry Website shall prevail. The Registry TLDs are intended for and available to applicants and registrants who are at least eighteen (18) years of age. By applying for, registering, or reserving United TLD, you represent and warrant that you are at least eighteen (18) years of age.

21.38.18.5 Indemnity

You agree to (within 30 days of demand) indemnify, defend and hold harmless Rightside (by express reference), Synergy Wholesale Pty Ltd and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal) arising out of or relating in any way to the Registrant’s domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You further agree that you shall not enter into any settlement or compromise of any indemnifiable claim without Crazy Domain FZ-LLC’s or Rightside’s prior written consent, which consent shall not be unreasonably withheld and that this indemnification obligation shall survive the termination or expiration of this Registration Agreement for any reason.

21.38.18.6 Disclaimer of Warranties

You acknowledge and agree that domain names in the Registry TLD are provided “as is”, “with all faults” and “as available.” The Registry, its affiliates and service providers, make no express warranties or guarantees about such domain names. To the greatest extent permitted by law, the registry, its affiliates and service providers, disclaim implied warranties that the registry and all software, content and services distributed through the registry, its affiliates and service providers are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. The registry, its affiliates and service providers do not guarantee that any registry tlds, or registry operations will meet your requirements, will be error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the united tld, including any support services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you or third parties will be able to access or use a domain name in united tlds (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of the registry, its affiliates and service providers shall create a warranty regarding operations of the registry or a domain name in a registry tld. The registry, its’ affiliates and service providers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon a domain name in a united tld. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the registry, its affiliates and services providers knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the registry’s liability, and the liability of the registry’s affiliates and service providers, shall be limited to the amount you paid to register a united tld. You further agree that in no event shall the registry’s, its affiliates and service providers, total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action. You agree that the rights stated herein survive termination of the registrar’s agreement with you.

21.38.18.7 Disputes

You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”), and the Uniform Rapid Suspension System (“URS”), each as described on the ICANN Website. You further agree to abide by the final outcome of any of those processes, subject to any appeal rights provided in those processes or the law, and you hereby release the Registry, its affiliates and service providers from any and all directly or indirect liability associated with such dispute resolution processes.

21.38.18.8 Third Party Beneficiaries

You acknowledge and expressly agree that ICANN is an intended third-party beneficiary of this Agreement. You further acknowledge and agree that Rightside is an intended third-party beneficiary of this Agreement for each Registry TLD. You acknowledge and agree that the Registry’s third party beneficiary rights have vested, and shall survive any termination or expiration of your registration or reservation. Otherwise, this Agreement shall not be construed to create any obligation by either party to any non-party to this Agreement, including any holder of a Registered Name.

21.38.18.9 Governing Law

The Registration Terms, its interpretation, and all disputes between the parties arising in any manner hereunder, shall be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). You agree and submit to the exercise of personal jurisdiction of courts in the State of Washington for the purpose of litigating any such claim or action. By agreeing to these registration terms and conditions, you are: (1) waiving claims that you might otherwise have against the registry, its employees, affiliates and subsidiaries, and service providers, based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts in the state of washington over any disputes or claims you have with the registry, its affiliates and service providers; and (3) submitting yourself to the personal jurisdiction of courts located in the state of state of washington for the purpose of resolving any such disputes or claims.

21.38.19.1 Privacy and Personal Data

The Registry shall handle Personal Data submitted to the Registry by the Registrar in accordance with its published privacy policy located at: http://grs.domains/privacy-policy/ You acknowledge and agree that the relevant personal data submitted to Synergy Wholesale Pty Ltd Pty Ltd as part of the registration process shall be submitted to the Registry for the following reasons:

1. Inclusion in the said searchable WHOIS directory providing free public query-based access to the details as required by the Registry Agreement;
2. Research on an amalgamated statistical basis;
3. Day to day operation of the Registry, including email contact by the Registry with you as required by any acceptable use policy;
4. To our service providers which/who provide legal, accounting, delivery, installation, system support, escrow, marketing, clearinghouse and other Registry services on our behalf;
5. As may be required by law enforcement agencies or a court order or other compulsory operation of law applicable to the Registry; and
6. As may be required by ICANN in accordance with a zone file access request in accordance with the Registry Agreement.

21.38.19.2 Abuse

You acknowledge and agree to give the Registry and/or Registrar all permissions, authorisations and confirmations required, or any other data subject which are reasonably required, in order to comply with the operational standards, policies, procedures and practices of the Registry and of ICANN, in particular, any acceptable use policy.

21.38.19.3 Disputes

You agree to resolve disputes through binding arbitration, pursuant to the rules of the London Court of International Arbitration (“LCIA”), upon mutual written agreement. The arbitration shall be conducted in the English Language and shall occur in London, England. There shall be one arbitrator which/who shall be chosen by the LCIA. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators to relocate the cost in their award as provided in the LCIA rules. The parties shall bear their own attorney’s fees in connection with the arbitration, and the arbitrators may relocate the attorney’s fees in conjunction with their award. Any litigation brought to enforce an arbitration award shall be brought in Gibraltar, and this agreement shall be construed in accordance with Gibraltar law. You also agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension System (URS).

21.38.19.4 Third Party Beneficiaries

You acknowledge and expressly agree that ICANN is an intended third-party beneficiary of this Agreement. Otherwise, this Agreement shall not be construed to create any obligation by either party to any non-party to this Agreement, including any holder of a Registered Name. Except as stated otherwise in this Agreement, the rights of third parties are strictly excluded.

21.38.19.5 Governing Law

This Agreement is to be construed in accordance with and governed by the laws of Gibraltar and the Parties expressly submit to the exclusive jurisdiction of the courts of Gibraltar.

21.38.20.1 Policy

You agree to comply and be bound by all Registry policy, including but not limited to the Domain Anti Abuse Policy, DNSSEC Policies Statement, Names Collision Block List Policy, Personal Data Protection Policy, Sunrise Dispute Resolution Policy and WHOIS Policy which can be located at https://www.afilias.info/policies.

21.38.20.2 Privacy and Personal Data

The Registry shall handle Personal Data submitted to the Registry by the Registrar in accordance with its published personal data protection policy located at https://afilias.info/sites/afilias.info/files/Afilias%20Personal%20Data%20Protection%20Policy_15%20April%202014.pdf

21.38.20.3 Acknowledgement

You acknowledge and agree to comply with public interest commitments (as set forth in Specification 11 to the Registry Agreement, as amended from time to time), community registration policies (as set forth in Specification 12 to the Registry Agreement, as amended from time to time, and Government Advisory Committee (“GAC”) safeguards.

21.38.20.4 Disputes

You agree to resolve disputes arising under or in connection with this Agreement through binding arbitration, pursuant to the rules of the International Court of Arbitration of the International Chamber of Commerce (“ICC”). The arbitration shall be conducted in the English language and shall occur in Dublin, Ireland. There shall be three arbitrators: each party shall choose one arbitrator and, if the two arbitrators are not able to agree on a third arbitrator, the third shall be chosen by the ICC. The parties shall bear the costs of the arbitration in equal shares, subject to the right of the arbitrators to reallocate the costs in their award as provided in the ICC rules. The parties shall bear their own attorneys’ fees in connection with the arbitration, and the arbitrators may not reallocate the attorneys’ fees in conjunction with their award. The arbitrators shall render their decision within ninety days of the initiation of arbitration. Any litigation brought to enforce an arbitration award shall be brought in the courts in the Republic of Ireland, however, the parties shall also have the right to enforce a judgment of such a court in any court of competent jurisdiction. For the purpose of aiding the arbitration and/or preserving the rights of a party during the pendency of an arbitration, each party shall have the right to seek temporary or preliminary injunctive relief from the arbitration panel or a court located in the courts in the Republic of Ireland, which shall not be a waiver of this arbitration agreement. You also agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension System (URS).

21.38.20.5 Third Party Beneficiaries

You acknowledge and expressly agree that ICANN is an intended third-party beneficiary of this Agreement. Otherwise, this Agreement shall not be construed to create any obligation by either party to any non-party to this Agreement, including any holder of a Registered Name.

21.38.20.6 Governing Law

This Agreement is to be construed in accordance with and governed by the internal laws of the Ireland without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of Ireland.

21.38.20.7 Additional terms for .organic

Acceptable Use Policy Registrants of Registered Names in the .ORGANIC Registry are responsible to ensure that such Registered Names are at all times registered and used in compliance with all applicable national, federal, regional, state and local laws, ordinances and regulations (“Applicable Laws”), including, without limitation, Applicable Laws related to

1. the farming, raising, processing, marketing, labelling and selling of organic foods; and
2. certification or similar requirements imposed on members of the organic food industry.

In addition to any other rights of the Registry existing under the RRA between the Registry and the Registrar or otherwise, the Registry reserves the right to deny or cancel the registration, renewal, or transfer of any Registered Name, or to place any Registered Name on registry lock, hold, or similar status, with respect to any such Registered Name that the Registry, upon reasonable belief formed after reasonable investigation, deems to be registered or used in a manner that constitutes a violation of the .ORGANIC Acceptable Use Policy. Further, Registrants in violation of any Applicable Laws may be subject to prosecution or other enforcement of such Applicable Laws by the appropriate authorities.

21.38.21.1 Registry

The Registry for .sc is VCS (Pty) Ltd (“NIC.SC”). The Registry website is located at http://www.nic.sc.

21.38.21.2 Policy

You agree to comply and be bound by the NIC.SC Registration Agreement, which can be located at http://www.nic.sc/en/forms/NIC.SC-Registration-Agreement.pdf. You agree to comply and be bound by all Registry policy, including but not limited to the Rules Governing Qualification of Registration, NIC.SC Registration Policy, NIC.SC Acceptable Use Policy, Uniform Domain Name Dispute Resolution Policy and WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy which can be located at http://www.nic.sc. You acknowledge and agree that the Registry may modify the policies from time to time, which become effective 30 calendar days after posting to the NIC.SC website. You further acknowledge and agree that the Registry is not required to provide notice of any such change. Your continued use of a .sc domain name(s) following an amendment constitutes you acceptance of the revised policies.

21.38.21.3 Registration Information

You acknowledge and agree that you will ensure that:

1. the information submitted by or on behalf of you to the .sc ccTLD registry in connection with registration of the .sc Domain name(s) or otherwise (“Registrant Information”) will during the Term comply with the NIC.SC Policies and is and will remain true, current, complete, accurate, and reliable; and
2. you shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by notifying the Registry immediately of a change to any such information in accordance with the appropriate NIC.SC Policy relating to modifications to the Registrant Information.

The Registry reserves and may exercise the right to terminate your registration of the .sc Domain name if:

1. information provided by you to the Registry is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or
2. you fail to maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable.

The Registrant acknowledges that a breach of the above will constitute a material breach of this Agreement which will entitle the Registry to terminate this Agreement immediately upon such breach without any refund of the Registration Fee and without notice to you. You further acknowledge and agree that all personal information about you which is supplied to the Registry or Synergy Wholesale Pty Ltd Pty Ltd is held for the benefit of the Seychelles and global internet communities and may be required to be publicly disclosed to third parties and used to maintain a public “Whois” service, provided that such disclosure is consistent with the NIC.SC Policies.

21.38.21.4 Agents

You understand, acknowledge and agree that by using the .sc Domain name, you ratify and are bound by this Agreement (including the NIC.SC Policies incorporated into this Agreement) even if an agent (such as an Internet Service Provider, Domain name retailer, or employee) entered into this Agreement on your behalf, and even if you have not yourself read this Agreement. Further, you are responsible for all information submitted by your agent. NIC.SC will not cancel this Agreement, or refund any fees, because of any errors or omissions by the agent in the registration process or thereafter (e.g. if such agent provides incorrect Registrant Information), as such apparent authority will suffice to bind you. By acting on your behalf, such agent represents and warrants to you and NIC.SC that the agent is authorised to bind you hereto and that it has fully and thoroughly advised you of the terms and conditions of this Agreement (including the NIC.SC Policies incorporated into this Agreement).

21.38.21.5 Registrant Representations and Warranties

You represent, warrant, and guarantee that:

1. you understand that registration entitles you only to a licence for the use of the domain name resolution services relating to the .sc Domain name for the Term and that use of such services is subject to this Agreement (including the NIC.SC Policies) and other pertinent rules and laws, including those concerning trademarks and other types of intellectual property, as these may now exist or be revised from time to time;
2. to the best of your knowledge and belief, neither the registration of the .sc Domain name nor the manner in which it is to be directly or indirectly used infringes the legal rights or intellectual property rights of a third party;
3. you will use, display, or exploit the .sc Domain name in good faith, and in accordance with the laws of Seychelles, international law, and applicable state laws and regulations, and will not use the .sc Domain name in any way which may violate a subsisting right of the Registry or any third party;
4. the information provided by you is true and accurate, and you will update said information immediately if it changes;
5. you are either
   1. an identifiable human individual (over the age of 18 years); or
   2. a legally recognized statutory entity (such as a Limited Liability Company, Partnership, Association, Society or Proprietary Limited Company);
6. you will promptly notify the Registry of any actual or threatened proceedings brought in respect of the words used as or incorporated in the .sc Domain name whether by or against you;
7. you will not, directly or indirectly, through registration or use of the .sc Domain name or otherwise:
   1. register a .sc Domain name for the purpose of diverting trade from another business or website;
   2. deliberately register as a .sc Domain name mis-spellings of another entity’s personal, company or brand name in order to pass-off or trade on the business, goodwill or reputation of another;
   3. grant or purport to grant a security interest or other encumbrance on or over the .sc Domain name unless such security interest or other encumbrance does not exceed your limited rights in the .sc Domain name, does not impair your ability to fulfil your obligations under this Agreement, and does not impose obligations on the Registry beyond the obligations owed by the Registry to you in the absence of such a security interest or encumbrance;
8. you meet and will continue to meet for the whole of the Term any eligibility criteria prescribed in the NIC.SC Policies for registering and using the .sc Domain name;
9. that you will maintain the Registrant Information provided pursuant to clause 21.37.21.3 according to the requirements that clause;
10. you have not previously submitted an application for registration of a domain name for the same character string with another registrar where:
    1. you are relying on the same eligibility criteria for both domain name applications; and
    2. the character string has previously been rejected by the other registrar;
11. any content, material or web page contained on any Uniform Resource Locator (“URL”), web site or web page accessing, utilising or accessed by means of the .sc Domain name complies with the NIC.SC Acceptable Use Policy and the CoCCA recommendations and does not constitute or contain any illegal or prohibited content, including, but not limited to indecent, obscene, or pornographic material (as described more fully in the NIC.SC Acceptable Use Policy), whether incorporated directly into or linked from a web site resolved via a .sc Domain name;
12. the use of the .sc Domain name and of any web page or URL accessed by or utilising the .sc Domain name will comply with the requirements of the NIC.SC Acceptable Use Policy and CoCCA recommended policies including, without limitation, those policies relating to spam.

21.38.21.6 Indemnity

You agree to defend, indemnify, and hold harmless NIC.SC, the registry operator, accredited registrars and such parties’ officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates, lawyers and attorneys (“NIC.SC Related Parties”) from and against any and all claims of third parties or made by the Registrant, including, but not limited to all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable lawyers or attorneys’ fees (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of the indemnified party’s domain registration or other services, or to the .sc Domain name itself, including the Registrant’s use, display, exploitation, or registration of the .sc Domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the .sc Domain name.

21.38.21.7 Liability

You acknowledge and agree that, to the maximum extent possible, the registry and the nic.sc related parties shall not be liable for any direct, indirect, incidental, special, or consequential damages, including loss of profits, relating to the use, or the inability to use, the domain, or in any other way related to the domain, regardless of the form of action, whether in contract, tort (including negligence), or otherwise. Additionally, nic.sc and nic.sc related parties shall not be liable whatsoever for any losses or damages that the registrant may incur as a result of unauthorized use of the domain arising from “hacking”, denial of service attack, virus, worm or otherwise, or for lack of fitness for a particular purpose of the domain or services related to the domain name. In addition, the registry and nic.sc related parties are not liable whatsoever for any damages that you may suffer because of service or system failure, including domain name system failure, root server failure, internet protocol address failure, access delays or interruptions, data non-delivery or mis-delivery, acts of god, unauthorised use of passwords, errors, omissions or mis-statements in any information or other services provided under this agreement, delays or interruptions in development of web sites, re-delegation of the .mu top level domain name, or breach of security, even if the registry or nic.sc related parties have been advised of the potential for such damages, and even if the registry or nic.sc related parties may foresee such possible damages. Your sole remedy for the registry or nic.sc related parties’ breach of this agreement shall be, at the sole discretion of the registry or nic.sc related parties, the resupply of the services again or a refund of the registration fee or renewal fee (if the breach occurs during a renewal term), which remedy you acknowledge constitutes the only possible direct damages flowing from this agreement. Your sole remedy for an action not flowing from this agreement (in tort or otherwise) shall be limited to the amount of money paid to the registry or nic.sc related parties by you.

21.38.21.8 Disputes

You agree to be bound by the Registry’s Complaint Resolution Policy and Service.

21.38.21.9 Governing Law

For all disputes in which the Registry may be or is a party to the dispute, this registration agreement shall be exclusively governed by the laws of Seychelles applicable to contracts made and performed in Seychelles, without regard to conflict of laws principles. You hereby consent to the exclusive personal jurisdiction of the courts of Seychelles, for any and all claims or disputes directed against the Registry and which arise out of, purport to enforce, construe, or otherwise relate to the .sc Domain name, this Agreement, or NIC.SC Policies. The exclusive venue for such action shall be the Courts of Seychelles. You waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to the laws of the jurisdiction in which you reside to have a case relating to this Agreement adjudicated or resolved in that jurisdiction.

21.38.22.1 Registry

The Registry for .so is SO Registry, Inc. The .SO ccTLD Registry is administered by the Somali Network Information Centre (“SONIC”). The registry website is located at http://sonic.so/.

21.38.22.2 Policy

You agree to comply and be bound by the dotSO Domain Name Registration Policies, which can be located at http://sonic.so/wp-content/uploads/2018/11/dotso-domain-name-registration-policies_v1.1_2.pdf. You expressly agree to comply and be bound by all Registry policy which is located at the .SO ccTLD Registry’s website, which are incorporated herein by reference. You expressly acknowledge and agree that the Registry may modify its policies from time to time and/or may issue interpretive guidelines on its website regarding the terms and provisions of its policies. The amendments to the Registry’s policies or additional guidelines that the Registry issues will take effect at the time they are published on the Registry’s website. You further acknowledge and agree that the Registry is not required to provide notice of any such change, and that your continued use of a .SO domain name(s) following an amendment will also constitute your acceptance of the revised policies.

21.38.22.3 Registrant Representations and Warranties

When you submit an application or order to us to register or renew a .SO domain name (“.SO Domain Name Registration Request”), or if you hold a .SO Domain Name Registration, you represent, warrant, and guarantee that:

1. your .SO Domain Name Registration Request contains true, accurate and up-to-date information and is made in good faith, for a lawful purpose and does not infringe the rights of any third party;
2. you shall participate in good faith in any proceedings described in the Registry’s policies commenced by or against you;
3. you expressly acknowledge and accept that the Registry is entitled (but not obliged) to reject a .SO Domain Name Registration Request, or to delete or transfer a .SO Domain Name Registration:
   1. that does not contain complete and accurate information as described in the Registry’s policies or is not in compliance with the Registry’s policies; or
   2. to protect the integrity and stability of the Shared Registry System and/or the operation and/or management of the .SO TLD; or
   3. in order to comply with applicable laws and regulations, and/or any decision by a competent court or administrative authority and/or any dispute resolution service provider the Registry may hereafter retain to oversee the arbitration and mediation of disputes; and/or any other applicable laws, regulations, policies or decrees; or
   4. to avoid any liability on behalf of the Registry, including their respective affiliates, directors, officers, employees, subcontractors and/or agents; or
   5. following the outcome of a Sunrise Reconsideration Proceeding as outlined in the Registry’s policies.
4. you expressly acknowledge and accept that the Registry is entitled to suspend or revoke any .SO Domain Name Registration in case of non-compliance or violation of its policies, including but not limited to these representations and warranties;
5. your .SO Domain Name Registration Request or .SO Domain Name Registration meets the nexus requirement of having a bona fide connection to Somalia, which includes but are not limited to:
   1. institutions and organisations in Somalia;
   2. residents of Somalia;
   3. others who have a legitimate, clear, and provable connection; and
6. your .SO Domain Name Registration Request or .SO Domain Name Registration will meet the nexus requirement specified above at all times during the period in which the registration is valid;
7. to your knowledge, your .SO Domain Name Registration Request or .SO Domain Name Registration will not infringe upon or otherwise violate the rights of a third party;
8. you are not submitting and will not use the .SO Domain Name Registration Request or .SO Domain Name Registration for any unlawful purpose (which, for the avoidance of doubt, includes concepts and content relating to indecency, pornography and gambling), contrary to public policy or morality, for offensive purposes, to mislead the public, and/or contrary to good and fair business practices;
9. you will not knowingly use any .SO domain name in violation of any applicable laws or regulations including third party interests;
10. you will keep WHOIS information related to your .SO domain name accurate and up-to-date at all times, both with us and the Registry.

21.38.22.4 Disputes

You expressly acknowledge and accept that the language of proceedings referred to in article 4 of the .SO Domain Name Registration Policies must be in the English language.

21.38.23.1 .sydney Domain Name Licence Terms

Your application for a .sydney domain name license implies understanding and agreement to all policies held by us, the Registry Operator (ARI Registry Services),http://nic.sydney/policies/ and ICANN. Synergy Wholesale Pty Ltd Pty Ltd does not operate any part of the domain name systems, or grant licensing for domain names. Synergy Wholesale Pty Ltd is the registrar for .sydney domain names. This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

21.38.24.1 Registry

The Registry for the .tokyo, .nagoya and .yokohama TLDs is GMO Registry, Inc. The Registry website is located at http://www.gmoregistry.com/en/.

21.38.24.2 .tokyo, .nagoya and .yokohama Domain Name Licence Terms

You acknowledge and agree that you shall comply with all applicable laws and government regulations. Your application implies that you have understood and will comply with all ICANN standards, policies, procedures and practices, which can be located at https://www.icann.org. You agree that you shall comply with all operational standards, policies, procedures and practices for the Registry System established from time to time by the Registry, including but not limited to the Domain Name Registration Policies, the Sunrise Dispute Resolution Policies, the Abusive Use policy, and the Searchable WHOIS Access Policy and terms of use, which can be located at https://www.gmoregistry.com/en/geotlds/policy/regist/. Marketing One Group does not operate any part of the domain name systems, or grant licensing for domain names. Synergy Wholesale Pty Ltd is the registrar for .tokyo, .nagoya and .yokohama domain names. Marketing One Group is a reseller of Synergy Wholesale Pty Ltd in this respect. The actions of Synergy Wholesale Pty Ltd are independently run beyond our control.

21.38.24.3 Indemnity and Liability

You agree to indemnify, defend and hold harmless the Registry, including its directors, officers, employees, subcontractors and agents, to the maximum extent required by law, from and against any claims, damages, liabilities, costs and expenses arising out of or relating to any application and/or request for the registration of a Domain Name made hereunder, the registration of a Domain Name and/or the use of a Domain Name; such obligation to indemnify, defend and hold harmless the Registry shall survive the termination of the Registrant Agreement.

21.38.24.4 Registration Information and Personal Data

You undertake to update or correct registration information during the registration term of a Registered Name. You acknowledge and accept that the Registry may make use of your Personal Data, which use includes the processing, copying, publishing, modifying and making available through the WHOIS Service, of any such data, and authorize its subcontractors and agents to do the same, in accordance and compliance with relevant applicable data protection and privacy legislation, and for the sole purposes of allowing the Registrar to render the Domain Name Registration Services hereunder. The Registry shall take reasonable steps to protect Personal Data from loss, misuse, unauthorised disclosure, alteration or destruction.

21.38.24.5 Dispute Resolution

You acknowledge and agree to be bound by the terms and conditions, having read and understood them, of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: i. The Uniform Domain Name Dispute Resolution Policy, available at https://www.icann.org/resources/pages/policy-2012-02-25-en; and ii. The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and

21.38.24.6 Prohibited Use

You acknowledge and agree to abstain from using a Registered Name for distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law.

21.38.24.7 Right to Deny

You acknowledge and agree that the Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion;

1. to protect the integrity and stability of the registry;
2. to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
3. to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees;
4. per the terms of this agreement;
5. in the event of an occurrence of one of the prohibited activities listed in Clause 21.38.24.5; or
6. to correct mistakes made by the Registry or any Registrar in connection with a domain name registration.

The Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

21.38.25.1 .osaka Domain Licence Terms

Your application implies that you have understood and will comply with all ICANN standards, policies, procedures and practices, which can be located at https://www.icann.org. You agree to and will comply with all Registry Policy, including but not limited to the Domain Registration Terms and Conditions, Landrush Policy, Nexus Policy, Privacy Policy, Sunrise Policy and WHOIS Policy, which can be located at http://domain.osaka/en/legal/. Synergy Wholesale Pty Ltd Pty Ltd does not operate any part of the domain name systems, or grant licensing for domain names. Synergy Wholesale Pty Ltd is the registrar for .osaka domain names. Synergy Wholesale Pty Ltd Pty Ltd is a reseller of Synergy Wholesale Pty Ltd in this respect. The actions of Synergy Wholesale Pty Ltd are independently run beyond our control.

21.38.27.1 .hamburg Policy

Your application implies that you have understood and will comply with all ICANN standards, policies, procedures and practices, which can be located at https://www.icann.org. You agree to and will comply and adhere to all Registry Policies, including but not limited to the .hamburg Registration Policy, Reserved Domain Names Policy, WHOIS Policy, ERDRP Policy, Anti-Abuse Policy and the Eligible Post Codes Policy, which can be located at https://nic.hamburg/richtlinien/. Synergy Wholesale Pty Ltd Pty Ltd does not operate any part of the domain name systems, or grant licensing for domain names. Synergy Wholesale Pty Ltd is the registrar for .hamburg domain names.

21.38.27.2 Dispute Resolution

You agree to adhere and comply with all applicable ICANN Policies and Registry Policies for the resolution of disputes concerning domain names, including but not limited to:

1. ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP), available at https://www.icann.org/resources/pages/policy-2012-02-25-en;
2. ICANN’s Uniform Rapid Suspension (URS) policy, available at https://www.icann.org/resources/pages/urs-2014-01-09-en; and
3. .hamburg Eligibility Requirements Dispute Resolution Policy (ERDRP), available at https://nic.hamburg/richtlinien/.

21.38.27.3 Third Party Beneficiary

You acknowledge that the Registry is a third-party beneficiary of this Agreement and as such is entitled to enforce its rights vested by this Agreement. The expiry or termination of this Agreement shall not affect the rights acquired by the Registry through the execution of this Agreement.

21.38.27.4 Required Authorisations and Credentials

By submitting your application you represent to us, the Registrar, and the Registry that you possess any necessary authorisations, charters, licences and/or other related credentials for participation in the sector associated with the .hamburg TLD. You also acknowledge and agree that you are required to report any material changes to the validity of your authorisations, charters, licences and/or other related credentials for participation in the sector associated with the TLD in order to ensure that you continue to conform to appropriate regulations and licensing requirements and generally conduct your activities in the interests of the consumers that you serve.

21.38.28.1 Nexus Requirement

Subject to the Registry Policies, .london domain names are available to individuals or entities who have a physical address in London (comprising the City of London and 32 London Boroughs); or who in good faith declare that they have an affiliation with or interest in London, such as to provide information, or offer products, goods or services, relevant to London or Londoners. If when you apply to register or renew a .london domain name or at any time during the registration term of the domain name you do not have an address in London, you are automatically making a declaration that you have the necessary affiliation with or interest in London.

21.38.29.1 Registry

The Registry for .nyc is the City of New York. The Registry website is located at http://www.ownit.nyc/.

21.38.29.2 .nyc Policy

Your application implies that you have understood and will comply with all ICANN standards, policies, procedures and practices, which can be located at https://www.icann.org. You agree to and will comply with all Registry Policy, including but not limited to the Acceptable Use Policy, Nexus Policies, and Registration Rules, which can be located at http://www.ownit.nyc/policies/. Synergy Wholesale Pty Ltd Pty Ltd does not operate any part of the domain name systems, or grant licensing for domain names. Synergy Wholesale Pty Ltd is the registrar for .nyc domain names.

21.38.29.3 Personal Data

When you register a domain name, your registrar will collect certain information, including your name, address, contact information, and the IP address of the servers on which your domain name is hosted. The Registry collects this information, known as “WHOIS Information” from registrars, and makes it available online in the WHOIS database. The Registry reserves the right to use and disclose this information as needed to provide the domain registry services, identify and respond to cybersecurity threats, protect our rights and the rights of third parties, and as required by law. In addition, the Registry may from time to time collect and aggregate demographic data or statistical analysis and other research, but does not disclose Personal Data in the process. The Registry does not use or disclose Personal Data other than described above, except:

• with your express permission;
• where permitted by their customer agreements, for internal use, research, fraud prevention, and product development;
• to
  1. comply with US or foreign laws or to respond to lawful requests and legal process in US or foreign civil, criminal or investigative matters,
  2. enforce agreements, their terms and conditions, and policies, and protect the Registry’s rights and property as the site owner, and
  3. in an emergency to protect the personal safety of Neustar, its customers, or any person;
• in an aggregated or de-identified form that does not directly identify you;
• with third party vendors, consultants and other service providers who are working on our behalf, but we limit their access and use of Personal Data to that which is needed to carry out their work for us; and
• in connection with any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company.

21.38.29.4 Nexus Requirement

The Registry desires to have only those individuals or entities having a substantive and lawful connection to the City of New York be permitted to register for .NYC domain names.

1. Registrants for .NYC domain names must be either:
   1. natural person whose primary place of domicile is a valid physical address in the City of New York; or
   2. an entity or organisation that has a physical street address in the City of New York.
2. The existence of a P.O. Box address in the City of New York shall not qualify for purposes of meeting the Nexus Policy.
3. You agree that you are in compliance with all relevant Federal, New York State and New York City laws, including the tax requirements in conducting business via the Internet.
4. You must remain in compliance with the applicable Nexus Category for the entire period of your domain name registration.
5. You may not licence, sub-delegate or otherwise transfer .NYC domain names to third parties that otherwise fail to meet the requirements of this clause and the .nyc Nexus Policy.

21.38.30.1 Registry

The Registry for .vegas is Dot Vegas, Inc. The Registry website is located at http://www.nic.vegas/. You agree to and will comply with all Registry Policy, including but not limited to the General Registration Policy, the Reserved and Premium Names Policy, the Anti-Abuse/Acceptable Use Policy, Dispute Resolution Policy, and the Privacy Policy, which can be located at http://www.nic.vegas/. Synergy Wholesale Pty Ltd Pty Ltd does not operate any part of the domain name systems, or grant licensing for domain names.

21.38.31.1 Registry

The Registry for .wien is punkt .wien GbmH. The Registry website is located at https://www.nic.wien/de.

21.38.31.2 .wien Policy

Your application implies that you have understood and will comply with all ICANN standards, policies, procedures and practices, which can be located at https://www.icann.org. You agree to and will comply with all Registry Policy, including but not limited to the Registry’s General Terms and conditions, General Guidelines, ERDRP, WHOIS Policies, Auction Guidelines and Anti-Abuse Policies, which can be located at https://www.nic.wien/de/wien/policies. Synergy Wholesale Pty Ltd does not operate any part of the domain name systems, or grant licensing for domain names. Synergy Wholesale Pty Ltd is the registrar for .wien domain names. Synergy Wholesale Pty Ltd is a reseller of Synergy Wholesale Pty Ltd in this respect. The actions of Synergy Wholesale Pty Ltd are independently run beyond our control.

21.38.31.3 Personal Data

The Registry shall handle Personal Data submitted to the Registry by the Registrar for the purposes of providing Registry Services as defined in ICANN’s Registry Agreements (including but not limited to publication of registration data in the directory services, also known as “WHOIS” or “RDDS”). The Registry shall not use or authorise the use of Personal Data in any way that is incompatible with such purposes or the applicable law. The Registry will not assign the data to any third party apart from the obligatory communication defined by ICANN. When required by ICANN, however, punkt.wien GmbH may make Personal Data available to ICANN or the relevant authorities for inspection unless barred by constraining law.

21.38.31.4 Third Party Beneficiary

Notwithstanding anything in this Agreement to the contrary, punkt.wien GmbH the Registry Operator of the TLD, is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of punkt.wien GmbH have bested and that punkt.wien GmbH has relied on its third party beneficiary rights under this Agreement in agreeing to Synergy Wholesale FZ-LLC being registrar for the TLD> Additionally, the third party beneficiary rights of punkt.wien GmbH shall survive any termination of this Agreement.

21.38.31.5 Nexus Requirement

The following persons are eligible for Registration of a domain name under .wien TLD: Any natural person, legal person, organisation or association intending to show an economic, cultural, tourist, historical, social or other affinity with the Austrian federal capital Wien (Vienna). Fulfilment of the nexus conditions can be reviewed by initiating alternative dispute resolution procedures, per the Eligibility Requirements Dispute Resolution Policy, available at https://www.nic.wien/de/wien/policies.

21.38.32.1 .how and soy Domain Licence Terms

You agree to comply with Registry policies, including but not limited to the Registry Privacy Policy, which can be found at g.co/registryPrivacy. You agree that all domain names in the Registry TLD(s) will be subject to the Domain Name Abuse Policy and the Registry TLD’s Startup Policy. The Domain Name Abuse Policy can be found at https://www.registry.google/about/policies/domainabuse/index.html. The .how Startup Policy can be found at https://www.registry.google/about/policies/startup/how/index.html, and the .soy StartupPolicy can be found at https://www.registry.google/about/policies/startup/index.html.Marketing One Group