Registrant agreement with Apex
Version 2.8 May 1, 2005
Term of Service
Disclosure and use of information
Breach of Agreement
Disclaimer of Warranty
Registry Agreement with Registrant Paragraphs
Comments and questions
- Domain - is a term used to describe a name given which is used
to map easily remembered words into Internet addresseses (IP addresses)
used in the Internet.
- ICANN -
The Internet Corporation for Assigned Names and Numbers (ICANN) is
an internationally organized, non-profit corporation that has
responsibility for Internet Protocol (IP) address space allocation,
protocol identifier assignment, generic (gTLD) and country code (ccTLD)
Top-Level Domain name system management, and root server system management
- NeuStar, Inc. is the
organization responsible for the registration of .us domain names together
- NeuLevel, Inc. which
is responsible for the registration of .biz domains
- Verisign is the registry
that manages .com and .net domains through an agreement with ICANN
- GDI - Global Domains International is the
registry for .ws domains
- PIR - Public Interest Registry is
the organization responsible for the registration of .org domain
- Afilias - Afilias is the
registry operator for the .INFO top-level domain (TLD).
- Apex Registry - . is an incorporated company supplying Domain
- Registrar - refers to the Apex Registry
- Registrant - refers to the individual or organization for whom
the domain is intended to be used.
- Agent or Applicant - refers to any individual or organization
applying to the registrar for the registration of a domain on behalf of
another individual or organization.
- "you" or "your" - terms that apply to both the agent and
- "we", "our" or "us" - terms that apply to Apex Registry
Introduction: The following sections are the
agreement for service between the applicant for a domain name (the
registrant) and Apex Registry Inc.(the registrar). An agent acting
as a third party must inform the applicant of their obligations under this
agreement. The spirit of this agreement is that we are acting as registrar
for the you, you are acting in good faith, the domain shall remain the
property of the registrar until all fees are paid in full and you agree
that you will cover all any any costs of any action taken as a result of
this registration. In addition to this agreement you must follow all
applicable rules and regulations for the registry of that domain
registrant agreement. Your application for a domain using our services
constitutes acceptance of this agreement on your part.
The laws of Massachusetts, U.S.A shall be in effect for purposes of this
agreement and any services provided by us to you.
For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located
Term of Service:
Unless otherwise specified the term of the agreement for service is for as
long as you hold any domain name or any service (such as web hosting,
domain or email forwarding, etc) with Apex Registry, unless terminated by
other party. The terms of this service apply to all domains names
registered with Apex Registry, and any services.
In case of any disruptancy between the English and French versions of this
document, the English shall preside over the French in all cases.
Fees and Payment:
All fees are payable immediately upon submission of an application or
other request for service. Submission of a registration or other request
for service constitutes an agreement to pay all fees in full.
will be a charge of $100 for all Non Sufficent Funds Cheques, stop payment
orders or credit card refusal to pay.
The ownership of the domain
shall remain with the registrar until such times as all fees are paid in
All fees paid to Registration authorities by us on your
behalf are not refundable to us and therefore cannot be returned to you.
The portion of your fees payable to us are also not refundable except in
the exceptional situation where we are unable to provide services to you.
As part of the registration process you state you have the legal right to
apply for domain either for your own use or the use of a third party for
whom you are acting as agent and agree that the application for or
granting of a domain does not confer any additional rights than you
currently have for that domain.
You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any Apex Registry,
Registry Operator, or pursuant to any registrar or registry
procedure not inconsistent with a DOC or government-adopted policy,
to correct mistakes by us or the applicable Registry in registering the
name or for the resolution of disputes concerning the domain name.
You further agree to hold us harmless from any action taken against
you, the applicable registration authority, any of our suppliers and/or us
as a result of your application.
Apex Registry in our sole
discretion, reserves the right to refuse to register or reserve your
chosen domain name or register you for other Services. In the event we do
not register or reserve your domain name or register you for other
Services, or we delete your domain name or other Services within such
thirty (30) calendar day period, we reserve the right, at our sole
discretion, to refund any applicable fee(s) you have paid us provided you
did not breach any of our terms or service or applicable laws. You agree
that we shall not be liable to you for loss or damages that may result
from our refusal to register, reserve, or delete your domain name or
register you for other Services. We reserve the right to delete or
transfer your domain name following registration if we believe the
registration has been made possible by a mistake, made either by us or by
a third party. We also reserve the right to suspend a domain name during
resolution of a dispute.
Additionally you agree that this agreement does not confer any
protection from objection to the registration or use of this domain.
DISCLOSURE AND USE OF REGISTRATION
INFORMATION. You agree and acknowledge that we will make domain
name registration information you provide available to the DOC, to the
Registry Operator, and to other third parties as applicable. You further
agree and acknowledge that we 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 (such as
through our WHOIS service) or other purposes as required or permitted by
the DOC and applicable laws. You hereby consent to any and all such
disclosures and 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 us. You may access your domain name
registration information in our possession to review, modify or update
such information, by accessing our domain manager service, or similar
service, made available by us through your RSP. We 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 which we
describe in this Agreement. We will take reasonable precautions to protect
the information we obtain from you from our loss, misuse, unauthorized
accessor disclosure, alteration or destruction of that information.
Should we be unable to supply services to you, our sole obligation is to
return any applicable fees to you.
You agree that you have the right or acquired the right to provide us with
the information reguired on the application. You warrant that the
information is accurate as required in the application process. You
further agree to update the information as required.
You agree to
provide current, complete and accurate information about you, both with
respect to your account information and with respect to the WHOIS
information for your domain name(s). You agree to maintain and update this
information as needed to keep it current, complete and accurate. You agree
to provide the name, postal address, e-mail address, voice telephone
number, and (where available) fax number for the administrative,
technical, and billing contacts for your domain name registration(s). You
affirm that should any of the your required information, you will
immediately update all your records with us at the earliest opportunity,
and acknowledge that failure to do so may result in suspension,
termination, or failure to renew any domains or services with us.
If in the event that, in registering a domain name or obtaining other
Service(s), you provide information about or on behalf of a third party,
you 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 the third party's express
consent to the disclosure and use of that party's information as set forth
in this Agreement.
By registering a domain name or applying for
other Service(s) you also represent that the statements in your
application are true and you also represent that the domain name is not
being registered or the Services being procured for any unlawful purpose.
You agree that providing inaccurate information or failing to update
information promptly will constitute a material breach of this Agreement
and will be sufficient basis for suspension or termination of Services to
you. You further agree that your failure to respond for over ten (10)
calendar days to inquiries by us concerning the accuracy of account and
WHOIS contact information shall constitute a material breach of this
Agreement and will be sufficient basis for suspension or termination of
Service(s) to you. As indicated elsewhere in this Agreement, you
understand that it is important for you to regularly monitor email sent to
the email address associated with your account and WHOIS contact
information because, among other reasons, if a dispute arises regarding a
domain name(s) or other Service(s), you may loose your rights to the
domain name(s) or your right to receive the Service(s) if you do not
respond appropriately to an email sent in conjunction therewith.
We will protect the supplied information according to our privacy
policy. We will not be responsible for loss of information as a result of
acts of unauthorized persons or by use of your systems or services.
Registrar reserves the right to delete the domain immediately upon expiry,
but will make an effort in most cases to provide a grace period of 30
days in length
Once past this period, some registries allow the use of
a "Redemption Restore". The fee for this service is approximate $150-$200
depending on the circumstances.
Changes to Agreement:
We reserve the right to modify this agreement from time to time to time or
changes the services provided at any time. Continued use of our services
after such changes will constitute you acceptance of the new agreement.
By registering a domain you agree to be bound by the applicable registrys
Domain Name Dispute Resolution Policy now in effect and as amended from
time to time. That policy is considered part of this agreement. Continued
use of your domain and our services will constitute your acceptance of the
In addition you agree to be bound by the ICANN Uniform Dispute Resolution
Policy (“Dispute Policy”) as presently written and posted on
and as shall be amended from time to time. You acknowledge that if
you do not agree to any such modifications, you may request that your
domain name be deleted from the domain name database.
The agent affirms that they have notified the appropriate people of
their obligations under this policy.
If you should breach this agreement, we reserve the right to terminate the
agreement. Any outstanding fees remain payable. Our obligation to you will
terminate upon notification to you by electronic mail, postal mail or
You agree that failure to abide by any provision of this Agreement
including but not limited to any failure to abide Registry Requirements,
any operating rule or policy or the Dispute Policy provided by us, may be
considered by us to be a material breach. If you fail to provide evidence,
which is reasonably satisfactory to us, that you have not breached your
obligations under the Agreement, then we may delete the registration or
reservation of your domain name. Any such breach by you shall not be
deemed to be excused simply because we did not act earlier in response to
that, or any other breach by you.
REVOCATION. Your wilful provision of inaccurate or unreliable information,
your wilful failure promptly to update information provided to us, or any
failure to respond to inquiries by us addressed to the email address of
the registrant, the administrative, billing or technical contact appearing
in the "Whois" directory with respect to a domain name concerning the
accuracy of contact details associated with the registration shall
constitute a material breach of this Agreement and be a basis for
cancellation of the domain name registration. Any information collected by
us concerning an identified or identifiable natural person ("Personal
Data") will be used in connection with the registration of your domain
name(s) and for the purposes of this Agreement.
We shall not be responsible for any damages whatsoever, either direct or
indirect, special or consequntial damages resulting from the use of our
services or our failure to provide services through access delays, or
interruptions, non delivery or misdirected delivery of data, acts of God,
acts of unauthorized person, misuse of your account or password or the use
or misuse of your domain or systems.
Indemnity:You agree to release, indemnify,
defend and hold harmless Apex Registry and any of our (or their)
contractors, agents, employees, officers, directors, shareholders, service
providers, affiliates and assigns from all liabilities, claims, damages,
costs and expenses, including reasonable attorneys' fees and expenses,
relating to or arising out of (a) this Agreement or the breach of your
warranties, representations and obligations under this Agreement including
without limitation, infringement by you, or someone else using the Service
with your computer, of any intellectual property or other proprietary
right of any person or entity, or from the violation of any of our
operating rules or policy relating to the service(s) provided.
event that action is taken against us by a third party related to a domain
submitted by you, you agree to provide written assurance to us concerning
your promise to indemnify us and that you will pay all costs including
reasonable attorney fees and other costs required to defend ourselves;
your failure to provide those assurances may be considered by us to be a
breach of your Agreement and may result in deactivation of your domain
Disclaimer of Warranty:
We do not warranty under any circumstances expressed or implied,
that our services will meet your requirements, that our service will be
uninterrupted, secure, timely or free from errors. Retrieval of
information to your systems as part of our services is done solely at your
risk. Nothing we say or do will constitute a warranty of any type.
Agreement with Registrant Paragraphs
You also agree to be bound by the following registry paragraphs:
- Registrant agrees that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name
3.7.5 At the conclusion of the registration period, failure by or on
behalf of the Registered Name Holder to consent that the registration be
renewed within the time specified in a second notice or reminder shall, in
the absence of extenuating circumstances, result in cancellation of the
registration by the end of the auto-renew grace period (although Registrar
may choose to cancel the name earlier).
184.108.40.206 Extenuating circumstances are defined as: UDRP action,
valid court order, failure of a Registrar's renewal process (which does
not include failure of a registrant to respond), the domain name is used
by a nameserver that provides DNS service to third-parties (additional
time may be required to migrate the records managed by the nameserver),
the registrant is subject to bankruptcy proceedings, payment dispute
(where a registrant claims to have paid for a renewal, or a discrepancy in
the amount paid), billing dispute (where a registrant disputes the amount
on a bill), domain name subject to litigation in a court of competent
jurisdiction, or other circumstance as approved specifically by ICANN.
220.127.116.11 Where Registrar chooses, under extenuating circumstances,
to renew a domain name without the explicit consent of the registrant, the
registrar must maintain a record of the extenuating circumstances
associated with renewing that specific domain name for inspection by ICANN
consistent with clauses 3.4.2 and 3.4.3 of this registrar accreditation
18.104.22.168 In the absence of extenuating circumstances (as defined in
Section 22.214.171.124 above), a domain name must be deleted within 45 days of
either the registrar or the registrant terminating a registration
126.96.36.199 Registrar shall provide notice to each new registrant
describing the details of their deletion and auto-renewal policy including
the expected time at which a non-renewed domain name would be deleted
relative to the domain.s expiration date, or a date range not to exceed
ten days in length. If a registrar makes any material changes to its
deletion policy during the period of the registration agreement, it must
make at least the same effort to inform the registrant of the changes as
it would to inform the registrant of other material changes to the
registration agreement (as defined in clause 3.7.7 of the registrars
188.8.131.52 If Registrar operates a website for domain name
registration or renewal, details of Registrar's deletion and auto-renewal
policies must be clearly displayed on the website.
184.108.40.206 If Registrar operates a website for domain registration or
renewal, it should state, both at the time of registration and in a clear
place on its website, any fee charged for the recovery of a domain name
during the Redemption Grace Period.
220.127.116.11 In the event that a domain which is the subject of a UDRP
dispute is deleted or expires during the course of the dispute, the
complainant in the UDRP dispute will have the option to renew or restore
the name under the same commercial terms as the registrant. If the
complainant renews or restores the name, the name will be placed in
Registrar HOLD and Registrar LOCK status, the WHOIS contact information
for the registrant will be removed, and the WHOIS entry will indicate that
the name is subject to dispute. If the complaint is terminated, or the
UDRP dispute finds against the complainant, the name will be deleted
within 45 days. The registrant retains the right under the existing
redemption grace period provisions to recover the name at any time during
the Redemption Grace Period, and retains the right to renew the name
before it is deleted.
The ICANN Uniform Dispute Resolution
Policy (“Dispute Policy”) as presently written
and posted on http://www.icann.org/udrp/udrp.htm
and as shall be amended from time to time.
You agree that transfer of your domain name(s) shall be governed by
ICANN's transfer policy, available at http://www.icann.org/transfers/, as this policy may be
modified from time to time. You agree that we may place your domain
name(s) on Registrar Lock to prevent them from being transferred without
your authorization, though we are not required to do so.
that the UDRP may be changed by ICANN (or ICANN's successor) at any time.
You agree that, if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the provisions
specified in the Dispute Policy in effect at the time your domain name
registration is disputed by the third party. You also agree that, in the
event a domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and conditions of the
UDRP. You also understand that it is important for you to regularly
monitor email sent to the email address associated with your account and
domain names because, among other reasons, if a dispute arises regarding
Services provided to you, you may loose your rights to receive the
Services if you do not respond expeditiously to an email sent in
Should you seek to register a .US second level domain name you, the
registrant, must also agree to the following terms:
Only those individuals or organizations that have a substantive lawful
connection in the United States are permitted to register for .usTLD
Registrants in the .usTLD must satisfy the nexus requirement ("Nexus" or
"Nexus Requirements") set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf
3. SELECTION OF A DOMAIN NAME. You certify and represent that:
1. You have and shall continue to have, a bona fide presence
in the United States on the basis of real and substantial lawful contacts
with, or lawful activities in, the United States as defined in Section 2
2. The listed name servers are located within the United
3. The data provided in the domain name registration
application is true, correct, up to date and complete, and that you will
continue to keep all of the information provided correct, up-to-date and
4. To the best of the your knowledge and belief, neither this
registration of a domain name nor the manner in which it is directly or
indirectly to be used infringes upon the legal rights of a third
5. That the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose whatsoever;
6. You have the authority to enter into this Registration
7. The Nexus Dispute Policy ("Dispute Policy), available at
Dispute Policy will provide interested parties with an opportunity to
challenge a registration not complying with the Nexus Requirements.
8. The usTLD Dispute Resolution Policy ("usDRP"). The usDRP
is intended to provide interested parties with an opportunity to challenge
a registration based on alleged trademark infringement. In addition to the
foregoing, you agree that, for the adjudication of disputes concerning or
arising from use of the Registered Name, you shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts.
9. POLICY. The Registry Operator's policies can be found at http://www.neustar.us/policies.
10. INFORMATION. As part of the registration process, you are required to
provide us certain information and to update us promptly as such
information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information:
- REPRESENTATIONS AND WARRANTIES.
You represent and certify
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 any
- you have the requisite power and authority to enter
into this Agreement and to perform the obligations hereunder,
have and shall continue to have a lawful bona fide U.S. Nexus as defined
in the "usTLD Nexus Requirements" ,
- you are of legal age to enter
into this Agreement, and
- you agree to comply with all applicable
laws, regulations and policies of the usTLD Administrator.
- PROVISION OF
As part of the registration process, you are
required to provide us with certain information and to update this
information to keep it current, complete and accurate. This information
- the Registered Name;
- the names of the primary
nameserver and secondary nameserver(s) for the Registered
- your name and postal address;
- the name, postal
address, e-mail address, voice telephone number, and (where available) fax
number of the technical contact for the Registered Name;
- the name,
postal address, e-mail address, voice telephone number, and (where
available) fax number of the administrative contact for the Registered
- the name, postal address, e-mail address, voice telephone
number, and fax number if available of the billing contact for the
- any remark concerning the registered domain name
that should appear in the Whois directory; and
- any other data
NeuStar, as the Registry, requires be submitted to it, including
specifically information regarding the primary purpose for which a domain
name is registered (e.g., business, education, etc.). You agree and
understand that the foregoing registration data will be publicly available
and accessible on the Whois directory pursuant to the DoC/Registry Policy.
Any information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this Agreement
and as required or permitted by the Department of Commerce Contract with
the Registry or any USTLD Administrator/DoC Policy.
- GOVERNMENT USE OF DATA.
You understand and
agree that the U.S. Government shall have the right to use, disclose,
reproduce, prepare derivative works, distribute copies to the public, and
perform publicly and display publicly, in any manner and for any purpose
whatsoever and to have or permit other to do so, all Data provided by
Registrant. "Data" means any recorded information, and includes without
limitation, technical data and computer software, regardless of the form
or the medium on which it may be recorded.
- LICENSING OF
A DOMAIN NAME.
If you intend to license use of a domain name to a
third party, you nonetheless are the registrant of record and are
responsible for providing full contact information and for providing and
updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that arise in
connection with the domain name. You shall accept liability for harm
caused by wrongful use of the domain name, unless you promptly disclose
the identity of the licensee to a party providing you reasonable evidence
of actionable harm.
- DOMAIN NAME DISPUTE POLICY.
If you reserved or registered a .us domain name through us, you agree to
be bound by our current domain name dispute policy that is incorporated
herein and made a part of this Agreement by reference. Please take the
time to familiarize yourself with that policy. In addition, you hereby
acknowledge that you have read and understood and agree to be bound by the
terms and conditions of the policies of the usTLD Administrator as
documented on its web site, www.neustar.us, as they may be amended from
time to time, and which are hereby incorporated and made an integral part
of this Agreement.
4) Neulevel Acknowledgment of Dispute
Policies and Rules. The registrant acknowledges having read and
understood and agrees to be bound by the terms and conditions 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 Policy,
available at http://www.icann.org/udrp/udrp.htm;
(ii) The Start-up Trademark Opposition Policy ("STOP"),
available at http://www.neulevel.com/countdown/stop.html;
(iii) The Restrictions Dispute Resolution Criteria and Rules,
available at http://www.neulevel.com/countdown/rdrp.html.
Your registration of a domain name in the .WS top-level domain ("New TLD
Domain Name"), is subject to policies established or revised from time to
time by the registry for such New TLD Domain Name ("New TLD Registry"), in
its capacity as the registry for its respective Top Level Domain. Each
respective New TLD Registry's current policies ("New TLD Registry
Policies") are available for you to review at each New TLD's respective
web site. You agree to be bound by and comply with the applicable New TLD
Registry Policies, including amendments and modifications thereto, with
respect to your New TLD Domain Name registration. Such policies shall not
alter the terms and conditions of this Agreement. To the extent there is a
conflict between the New TLD Registry policies and the terms of this
Agreement, the terms of this Service Agreement shall prevail. You agree
that the New TLD Registry has the right to enforce the New TLD Registry
Should you seek to register a .INFO second level
domain name you, the registrant, must also agree to the following
- Registrant consents to the use, copying, distribution, publication,
modification, and other processing of Registered Domain Name Holder's
Personal Data by Afilias, the .INFO Registry Operator, and its designees
and agents in a manner consistent with the purposes specified pursuant in
- Registrant agrees to submit to proceedings
under ICANN's Uniform Domain Name Dispute Policy (UDRP) and comply with
the requirements set forth by Afilias for domain names registered during
the Sunrise Period, including the mandatory Sunrise Dispute Resolution
Policy. These policies are subject to
- Registrant agrees to immediately correct and
update the registration information for the Registered Name during
registration term for the Registered Name, failure to correct this
information shall constitute a breach of this
- Registrar and Afilias, the registry operator
for .INFO, expressly reserve the right to deny, cancel or transfer any
registration that it deems necessary, in its discretion, to protect the
integrity and stability of the registry, to comply with any applicable
laws, government rules or requirements, requests of law enforcement, in
compliance with any dispute resolution process, or to avoid any liability,
civil or criminal, on the part of Registrar and/or Afilias as well as
their affiliates, subsidiaries, officers, directors and employees.
Registrar and Afilias also reserve the right to freeze a domain name
during resolution of a dispute.
Comments and questions to:
Apex Registry, Inc.
Hancock Street, Suite 401
Quincy, MA 02169