The Dot BIZ TLD Registry - Terms of Service

^tm

The Atlantic Root Network, Inc^tm

Registry Terms of Service

and

Domain Dispute Resolution Policy

Domain Registration Agreement

Atlantic Root Network, Inc.^tm (hereafter known as AtlanticRoot^tm) is incorporated in the State of Georgia. Biztld Registry^tm (hereafter known as BIZtld^tm) is and entity of Atlantic Root Network, Inc.^tm ADNS is the designated Registry Adiminstrator for the AtlanticRoot's^tm BIZtld Registry^tm TLDs.

This Registration Agreement ("Agreement") sets forth the terms and conditions of the use of The AtlanticRoot Network, Inc./BIZtld's^tm domain name registration services via the Inclusive NameSpace Registry System (INRS), to register an Internet domain name, as well as the registration of that domain name. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement (for BIZ, .COM2 ,.ETC, .NGO, .NPO and ONLINE domain names), the accompanying appropriate domain dispute policies and any registration rules or policies that are or may be published from time to time by AtlanticRoot and/or the Registry Administrators ("Registry Administrators"). Submission of your domain name registration constitutes acceptance of all the terms and conditions contained and referenced herein.

This Agreement will become effective when accepted by ADNS or designated Registry Administrator, at its offices at their principal place of business. ADNS and ARNI accredited Registrars may elect to accept or reject your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.

Both The PacificRoot and ORSC make available their DNS Services to the General public, and Registrant acknowledges that users not connected to ISPs that already resolve DNS from the The these root service providers may need to upgrade their DNS settings from that of the legacy root server system (Operated by the US Dept of Commerce) to the cooperating root server systems providing the inclusive superset of Top Level Domains ("TLDs") resolved by The Pacificroot and/or ORSC.

Registrant also acknowledges that The legacy root system is authoritative only for the following TLDs: .COM, .NET, .ORG, .EDU and other TLDs, some of which collide with pre-existing TLDs with identical characters (duplicates or colliders); and that TLDs managed by The AtlanticRoot^tm and subsequently assigned to Registrant are not subject to theft, reverse hi-jacking, or revocation under the terms of the Internet Corporation of Assigned Names and Numbers' (ICANN) controversial Uniform Domain Name Resolution Policy (UDRP).

Registrant also acknowledges that ICANN has accepted applications for several new TLDs and that included in those applications is .BIZ. AtlanticRoot^tm has NOT applied to ICANN and has no intention of doing so at this time. If .BIZ is chosen by ICANN and delegated to a different registry administrator, we do not know how it might effect the BIZtld registry's^tm domains. Therefore, registrant agrees that there is no guarantee that there will not be a colliding TLD issue which may not be resolved in registrant's favor. In that case, .BIZ domain names may no longer resolve. Registrant holds AtlanticRoot^tm , their accredited Registrars and ADNS harmless in any situation regarding a colliding TLD which might result in their .BIZ domain no longer resolving in the domain name space. Registration fees are NOT REFUNDABLE. (See "Fees" below)

Our Services:
ADNS and other ARNI accredited Registrars will act as registrar for entities applying to register a domain name under .BIZ, .COM2, .ETC, .NOT, .NGO, .NPO and .ONLINE, Top Level Domains ("TLD"s). Your acceptance of these terms and conditions constitutes acceptance of changes that may be made to this agreement as necessary to comply with AtlanticRoot's^tm agreement with ADNS and ARNI accredited Registrars or any other business purpose. All domain name registrations for .BIZ, .COM2, .ETC, .NOT and .ONLINE, TLDs are not effective until we have delivered the domain name registration information you provide us to the registry administrator for the those TLDs, as applicable, and the registry administrator(s) put into effect your domain name registration.

You agree and acknowledge that AtlanticRoot^tm is not liable or responsible in any way for any errors, omissions or any other actions by the Registry Administrator(s) or registrars arising out of or related to your application and receipt of, or failure to receive, a domain name registration. You further agree to indemnify, defend and hold harmless the Registry Administrator(s) and registrars and their directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your domain name registration.

You are responsible for accurate spelling of your domain name. If you make an error and continue to process your registration, the registration fee is NON REFUNDABLE, so be absolutely certain you have spelled it correctly.

Fees:
As consideration for the domain name registration services provided by ADNS or other registrars you agree to pay the ADNS, and/or any designated registrar, prior to the effectiveness of the desired domain name registration, all applicable initial registration and renewal fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended or cancelled prior to the end of your then current registration term. AtlanticRoot^tm and/or its registrar(s) reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

Chargebacks:
If you encounter any challenge with regard to services provided by any registrar or entity which accepts payment from you via credit card, you must attempt to resolve the issue with that registrar or entity. If you should neglect to attempt to resolve the issue with the seller, allow for a reasonable time period to resolve the issue, and elect to charge back instead, the registrar and/or the Registry Administrator may, at its sole discretion, cancel your account and your domain registrations, and you may not be able to register domain names with them in the future. A charge back should be a last resort to resolve a dispute. This clause applies to any registrations for TLDs managed by AtlanticRoot^tm or its assignees, registrars or Registry Administrators. In addition, you will be billed for the chargeback fee(s) and any administrative costs related to its resolution.

Returned Checks:
Checks, drafts or any form of payment which is returned unpaid by any financial instution, Post Office, or other entity, for any reason, from which registrars or Registry Administrators may accept payment, will result in an administrative fee of a minimum of US $35.00. This fee may be changed with no notice and at the sole discretion of the entity accepting payment from you. In addition, your account and domains will be locked, 10 days after notification to you, and will remain locked until these fees are paid in full by cashiers check or cash, along with any arrears. You may not be able to register any more domain names or receive further services.

Period of Service:
Registrant will select the initial term with regards to the duration of the domain registration at the time of registration. Registrant may select from between One (1) through ten (10) years. The total registration fee will equal the number of years selected multiplied by the amount of the annual registration fee for that/each particular domain (Annual Registration Fee X Number Of Years).

Your requested domain name will not be registered until AtlanticRoot's^tm accredited registrar(s) receives actual payment of the registration, renewal and reinstatement fees as applicable. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to the registrar as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate your domain name registration solely at our discretion, and subject to the registrar's receipt of the initial registration or renewal fee and any reinstatement fees the registrar may charge.

You will be notified by an email to the email address of the domain administrator shown in the registrant's record when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge you accordingly.

Dispute Policy
You agree to be bound by the appropriate Domain Dispute Resolution Policy ("Dispute Policy(ies)"), which are hereby incorporated and made a part of this Agreement by reference. The Dispute Policy(ies) can be found at http://www.biztld.net/ddrp.html. These policy(ies) have been developed by the specific Registration Administrator(s) and are a required component of every registration agreement. Certain disputes, as specified in the Dispute Policy(ies), are subject to that Policy. You agree that you will be subject to the provisions specified in the Dispute Policy(ies) in effect at the time your domain name registration is disputed by a third party, in the event such dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold AtlanticRoot^tm harmless pursuant to the terms and conditions contained in the Dispute Policy(ies). AtlanticRoot^tm may modify the Dispute Policy(ies) at its sole discretion at any time. Your continued use of the domain name registered to you after any such Dispute Policies) modification shall constitute your acceptance of this Agreement and the modified Dispute Policy(ies). If you do not agree to any of such changes, you may request that your domain name registration be cancelled. You agree that such cancellation will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy(ies).

You agree to indemnify, defend, and hold harmless AtlanticRoot^tm, Registry Administrator(s) and their respective directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or related to your domain name registration and any disputes regarding same.

Change of Ownership
The term "owner" refers to the Registrant of the domain name. There is NO OWNERSHIP or property rights to a domain name. Registration is a service and you are paying for that service. Registrant has use of the name for the term of registration.

The entity named as the authorized contact at the time the controlling user name and password are secured shall be the registrant of the domain name.

Required Domain Name Registration Information and Its Use
You are required to submit and keep current the following information, as part of the registration process. This information must be current, complete and accurate.

Your name and postal address (or if different, that of the domain name holder);
The domain name being registered;
The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative contact for the domain name; and
The name, postal address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name
Two nameservers for the domain name.

Upon renewal of your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, you agree and acknowledge that your registration may not be renewed.

All other information which we may request from you at registration is voluntary. However, not providing this information may prevent you from obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.

In the event that, in registering the domain name, you are providing information about a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by AtlanticRoot and/or its accredited Registrars, concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

You agree and acknowledge that AtlanticRoot^tm will make available domain name registration information you provide or that we otherwise maintain to the Registry Administrator(s), and to other third parties as the Registry Administrator(s) and applicable laws may require or permit. You further agree and acknowledge that AtlanticRoot^tm may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection or for targeted marketing and other purposes as required or permitted by the Registry Administrator(s), and applicable laws.

Additionally, you acknowledge that AtlanticRoot^tm may establish guidelines, limits and/or requirements that relate to the amount and type of information that AtlanticRoot^tm may or must make available to the public or to private entities, and the manner in which such information is made available.

At some point in the future, AtlanticRoot may, though its Registry Administrator, provide a means for an OPT-IN policy to provide privacy for personal identifying information. Registrant agrees that if or when this policy is implemented you will abide by it.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by AtlanticRoot^tm or its accredited Registrars.

You may access your domain name registration information in AtlanticRoot's^tm possession to review, modify or update such information, by accessing the ADNS domain manager service, or similar service, made available at (http://ADNS.net) when this tool becomes available.

AtlanticRoot^tm will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations described in this Agreement.

AtlanticRoot^tm will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access; or disclosure, alteration or destruction of that information.

AtlanticRoot^tm entered into an agreement with The ADNS to provide registration services for domain name registrations in .BIZ, ..COM2, ETC., .NOT, .NGO, .NPO and .ONLINE. Registrant agrees to abide by any Terms of Service that AtlanticRoot, its accredited Registrars and/or ADNS may publish from time to time.

ADNS, by agreement, is the entity designated to maintain the central Registry for the AtlanticRoot/BizTLD Registry's TLDs (.BIZ, .COM2, .ETC., .NOT, .NGO, .NPO and .ONLINE).

Registrant further agrees to any clauses regarding privacy and disclosure of database information which ADNS and/or AtlanticRoot^tm may publish from time to time.

Ownership of Data
You agree and acknowledge that AtlanticRoot^tm owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that AtlanticRoot^tm owns the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information AtlanticRoot^tm generates or obtains in connection with the provision of domain name registration services, other than the domain name being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. AtlanticRoot does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.

Agents and Licenses
You agree that, if you are registering a domain name for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.

You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, authorized, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.

Limitation of Liability
YOU AGREE THAT AtlanticRoot^tm WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (b) USE OF YOUR DOMAIN NAME REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (f) EVENTS BEYOND AtlanticRoot's^tm REASONABLE CONTROL; (g) THE PROCESSING OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE POLICY. AtlanticRoot^tm ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE, EVEN IF AtlanticRoot^tm HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES MAY NOT ALLOW SUCH A BROAD EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, AS CONTAINED HEREIN; IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AtlanticRoot's^tm MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF A DOMAIN NAME.

Indemnification of AtlanticRoot^tm.
You agree to defend, indemnify and hold harmless AtlanticRoot^tm for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the registration or use of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Dispute Policy.

Representations and Warranties
You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain name registration is accurate.

ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, AtlanticRoot^tm MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

Breach and Revocation
AtlanticRoot^tm reserves the right to suspend, cancel or modify your domain name registration in the event (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by AtlanticRoot^tm (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (c) you use your domain name in connection with unlawful activity, or (d) grounds arise for such suspension, cancel or other modification as provided for in this Agreement.

You further acknowledge and agree that your registration of a domain name is subject to suspension or cancellation by any registrar (including AtlanticRoot^tm) or registry administrator(s) procedures or by any other TLD registry administrator procedures as the case may be, (a) to correct mistakes by AtlanticRoot^tm, another registrar or the registry administrator in administering the name or (b) for the resolution of disputes concerning the domain name.

You also agree that AtlanticRoot^tm shall have the right in its sole discretion to suspend, cancel or otherwise modify a domain name registration upon seven (7) calendar days prior written notice and after such time as AtlanticRoot^tm receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, or cancellation of the domain name registration.

Registrant agrees that failure to abide by any provision of this Registration Agreement or the DDRP may be considered by The AtlanticRoot^tmto be a material breach and that The AtlanticRoot^tm may provide a written notice, describing the breach, to the Registrant. If, within thirty (30) days of the date of mailing such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to ADNS or AtlanticRoot^tm, that it has not breached its obligations, then The AtlanticRoot^tm may suspend, revoke, or delete Registrant's registration of the domain name. Any such breach by a Registrant shall not be deemed to be excused simply because The AtlanticRoot^tm did not act earlier in response to that, or any other, breach by the Registrant.

Registrars will abide by any AtlanticRoot's^tm adopted policy prohibiting or restricting warehousing of or speculation in domain names by registrars.

AtlanticRoot^tm reserves the right to refuse to register multiple domain name registrations.

Governing Law
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the State of Georgia, as if the Agreement was a contract wholly entered into and wholly performed within the State of Georgia. Except as otherwise set forth in the Dispute Policy(ies) with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the AtlanticRoot^tm/BIZtld.net^tm website shall be brought either in the Superior Court in Glynn County, Georgia, or Virginia Beach, VA or if there is no jurisdiction in such court, then in the United States District Court for the Southern District of Georgia in Brunswick.

Notices
You agree that any notices required to be given under this Agreement by AtlanticRoot^tm to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

General
This Agreement and the Dispute Policy(ies), together with all modifications, constitute the complete and exclusive agreement between you and AtlanticRoot^tm, and supersede and govern all prior proposals, agreements, or other communications.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of AtlanticRoot^tm to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by AtlanticRoot^tm of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. AtlanticRoot^tm will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of AtlanticRoot^tm as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of AtlanticRoot^tm.

Version Information and Affirmation:

This is Domain Name Registration Agreement Version Number 2002062501. This Registration Agreement is only for registrations under the following top-level domains (TLDs): .BIZ, .COM2, .ETC, .NOT, .NGO, .NPO and .ONLINE.

By completing and submitting this Registration Agreement for consideration and acceptance by The AtlanticRoot^tm, the Registrant agrees that he/she has read and agrees to be bound by the paragraphs above as well as applicable portions of accredited Registrars' agreements.

Revision 2002062501


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