Application and Registration
for Assignment of Second
Level Domain Name in a generic Top Level Domain ccHawaii.net (“ccHawaii.net")
submits your domain registration request to our partner 1stDomain.net to
facilitate a domain name registration on your behalf. By submitting the
application form, you acknowledge that you have read and agree to the following
Agreement as well as the
Domain Name Dispute Policy, both of which are part of the application.
This Registration Agreement
("Agreement") sets forth the terms and conditions of your use of 1stDomain.net
and ccHawaii.net to register a domain name on the Internet. To complete
the registration process, you must read and agree to be bound by all terms
and conditions of this Agreement, the accompanying fee schedule and dispute
policy, and any rules or policies that are or may be published by 1stDomain.net
and ccHawaii.net. This Agreement will become effective if accepted by 1stDomain.net
and ccHawaii.net. 1stDomain.net is an accredited registrar with the Internet
Corporation for Assigned Names and Numbers ("ICANN") under an agreement
between 1stDomain.net and ICANN. ccHawaii.net is a partner of 1stDomain.net
under an agreement between ccHawaii.net and 1stDomain.net. You acknowledge
that 1stDomain.net and/or ccHawaii.net may modify this Agreement if necessary
to comply with its respective Agreements, or otherwise.
As consideration for the
domain name registration services provided by 1stDomain.net and ccHawaii.net,
you agree to pay the current initial registration fees and renewal fees
according to the fee schedule which is incorporated into this Agreement
by reference. The fee schedule can befound at http://www.ccHawaii.net
Payments must be made by
credit card as specified on the application form. Your domain name will
not be registered unless and until ccHawaii.net has received appropriate
authorization from your credit card company.
You will be notified when
renewals are due, and it shall be your responsibility to ensure that such
fees are paid. Should these fees go unpaid by the time specified in the
renewal notice, your registration will be cancelled. You agree that 1stDomain.net
and ccHawaii.net shall have no liability whatsoever with respect to any
If at anytime fees or other
charges payable to the applicable registry or to any other regulatory body
for a domain name registered by 1stDomain.net and ccHawaii.net on your
behalf, shall increase, or any additional fee, tax or charge shall become
due and payable to any third party related to a domain name registered
by 1stDomain.net and ccHawaii.net on your behalf, fees payable by you to
1stDomain.net and ccHawaii.net under this Agreement will increase by such
amount. All registrations are non-cancellable and non-refundable. During
the first sixty days after initial registration it is not possible to transfer
the domain to a different registrar.
2. Dispute Policy
You agree to be bound by
the current ICANN Domain Name Dispute Policy ("Dispute Policy") which is
incorporated into this Agreement by reference. The Dispute Policy can be
found at http://www.icann.org/udrp/udrp.htm.
Any disputes regarding the
right to use your domain name will be subject to the Dispute Policy. ICANN
may modify the Dispute Policy in its sole discretion at any time. Your
continued registration of your domain name after modification to the Dispute
Policy becomes effective constitutes your acceptance of those modifications.
If you do not agree to such a modification, you may request that your domain
name be deleted.
You agree that you will
be subject to the provisions specified in the Dispute Policy in effect
at the time your domain name is challenged by a third party. You also agree
that in the event a domain name dispute arises with any third party, you
will indemnify and hold 1stDomain.net and ccHawaii.net harmless pursuant
to the terms and conditions contained in the Dispute Policy.
3. Use of Your Information
As part of the registration
process, you are required to provide certain information and to update
this information to keep it current, complete and accurate. This information
includes (i) your full name, postal address, e-mail address, voice telephone
number, and fax number if available; (ii) the name of an authorized person
for contact purposes in the case of a registrant that is an organization,
association, or corporation; (iii) the IP addresses of the primary nameserver
and any secondary nameservers for the domain name; (iv) the corresponding
names of those nameservers; (v) the full name, postal address, e-mail address,
voice telephone number, and fax number if available of the technical contact
for the domain name; (vi) the full name, postal address, e-mail address,
voice telephone number, and fax number if available of the administrative
contact for the domain name; (vii) the name, postal address, e-mail address,
voice telephone number, and fax number if available of the zone contact
for the domain name; and (viii) any remark concerning the registered domain
name that should appear in the Whois data. 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
a basis for cancellation of your domain name. If you license use of a domain
name to a third party, you are nonetheless the holder of record of the
domain name and are responsible for providing your own full contact information
and for providing and updating accurate technical, administrative, and
zone contact information.
You acknowledge that 1stDomain.net
will make some of the information that you provide during the registration
process publicly available as required by ICANN. Additionally, you acknowledge
that ICANN may impose guidelines, limits and/or requirements that relate
to the amount and typeof information that 1stDomain.net may or must make
available to the public or to private entities. 1stDomain.net will
not otherwise disclose your information to any third party unless it is
required to maintain your domain name. You may request a copy of your information
in 1stDomain.net 's possession to review, modify or update such information.
4. Use Policies
1stDomain.net reserves the
right to suspend or cancel your domain name in the event that you use the
domain name to send unsolicited commercial advertisements in contradiction
to either applicable laws or customary acceptable usage policies of the
Internet, or if you use your domain name in connection with unlawful activity.
5. Agents and Licenses
You agree that, if your
domain name is registered on your behalf by anyone acting as your agent
(e.g., an Internet Service Provider, employee, etc.), you are nonetheless
bound as a principal by all terms and conditions provided herein, including
the Dispute Policy.
You agree that if you license
the use of your domain name to a third party, you re-main the domain name
holder, and remain responsible for all obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT 1stDomain.net
AND ccHawaii.net WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME,
(b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO 1stDomain.net `s AND/OR ccHawaii.net`s REGISTRATION SYSTEM; (d) THE
NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND 1stDomain.net AND/OR
ccHawaii.net; (e) EVENTS BEYOND 1stDomain.net `s AND ccHawaii.net`s REASONABLE
CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF
ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE
FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION
OF THE DISPUTE POLICY. FURTHER, 1stDomain.net AND ccHawaii.net 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), OR OTHERWISE, EVEN IF 1stDomain.net
AND/OR ccHawaii.net HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL 1stDomain.net’s AND ccHawaii.net`s MAXIMUM LIABILITY
EXCEED THE TOTAL AMOUNT PAID BY YOU TO 1stDomain.net AND/OR ccHawaii.net
FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS UNDER THE
TERMS OF THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN
SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify
and hold harmless 1stDomain.net and ccHawaii.net and any applicable domain
name registry, including Network Solutions, Inc., and the directors, officers,
employees and agents of each of them, for any loss, damages or costs, including
reasonable attorneys' fees, resulting from any third party claim, action,
or demand related to your domain name or the use thereof. This indemnification
is in addition to any indemnification required under the Dispute Policy.
8. Representations and Warranties
You represent and warrant
that all information provided by you in connection with your registration
is complete and accurate. 1stDomain.net and ccHawaii.net make no representation
or warranties of any kind in connection with this Agreement. 1stDomain.net
and ccHawaii.net do not represent or warrant that registration of your
domain name will immunize you from challenges to your domain name.
9. Breach and Revocation
Any breach by you of this
Agreement or the Dispute Policy must be remedied by you within 30 days
of notice by 1stDomain.net and ccHawaii.net. If you fail to cure the breach,
1stDomain.net and ccHawaii.net may revoke your registration of the domain
name. You also agree that 1stDomain.net and ccHawaii.net shall have the
right in its sole discretion to revoke, suspend, transfer or otherwise
modify a domain name registration upon seven (7) calendar days prior written
notice, or at such time as 1stDomain.net and/or ccHawaii.net receive a
properly authenticated order from a court of competent jurisdiction, or
arbitration award, re-querying the revocation, suspension, transfer or
modification of the domain name registration.
10. Governing Law
This Agreement, your rights
and obligations and all actions contemplated by this Agreement shall be
governed by the laws of the United States, as if the Agreement was a contract
wholly entered into and wholly performed within the United States. Any
action to enforce this Agreement or any matter relating to your use of
the 1stDomain.net and/or ccHawaii.net site shall be brought exclusively
in the courts of the United States located in Hawaii.
This Agreement, the fee
schedule and the Dispute Policy, together with all amendments or modifications
to any of them, constitute the complete and exclusive agreement between
you and 1stDomain.net and ccHawaii.net, and supersede and govern all prior
proposals, agreements, or other communications. Nothing contained in this
Policy shall be construed as creating any agency, partner-ship, or other
form of joint enterprise between the parties. The failure of 1stDomain.net
and/or ccHawaii.net 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 1stDomain.net and/or ccHawaii.net 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. 1stDomain.net and/or ccHawaii.net
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 1stDomain.net and/or ccHawaii.net as reflected in the original
provision. No provision of this Agreement, including the fee schedule and
the Dispute Policy, not be amended or modified by you except by means of
a written document signed by 1stDomain.net and origin
Additional Terms and Conditions
for the Registration of Multilingual Domain Names
1. Registrants are participating in
a testbed, which is subject to change.
2. The testbed will allow a registrant
to register multilingual domain names.
2.1 Initially, registrants may register
domain names in Chinese, Japanese, and Korean scripts.
2.2 The registrant's multilingual
domain name is stored in the Registry's database in an ASCII compatible
2.3 The uniqueness of a domain name
registration in the test bed is determined by its Unicode representation.
For those encodings that map to different Unicode representations, separate
registrations will be required. Example: For those Chinese Simplified
and Chinese Traditional encodings that map to different code points in
Unicode, separate registrations will be required to obtain a name in both
Chinese Simplified and Chinese Traditional.
3. VeriSign Global Registry Services
(VeriSignGRS) and 1stDomain.Net will process multilingual domain name transactions
in the same manner as with all registrations in the .com, .net, and .org
Shared Registration System (i.e., on first-come /first-served basis). Please
note that you are responsible for avoiding conflicts with existing trademark
holders. You may want to review the Dispute Resolution Policy that can
be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm
4. The Internet Engineering Task Force
(IETF) has not finalized multilingual standards. In the future, revised
standards may cause:
4.1 The registrant's domain name registration
to become invalid and be deleted.
For example: Changes to the proposed
standards during the testbed may result in some multilingual domain names
becoming invalid because they contain illegal characters or characters
which may no longer exist.
4.2 Modification to the VeriSign GRS
Registry's internal representation of the domain name to meet the new standards.
Note: Changes to the multilingual standards that require changing the internal
representation of a domain name, and do not cause that name to become invalid,
will not require a registrant to pay for a new registration.
4.3 Such occurrences will be resolved
on a case-by-case basis, as they occur.
5. Resolution of multilingual domain
names will not be immediately available. Resolution will be implemented
during later testbed phases. This means that the public will be able to
view your multilingual name in the browser only after resolution is implemented.
6. As an accredited ICANN Registrar,
1stDomain.Net and/or ccHawaii.net
must adhere to IETF proposals identified by VeriSign GRS for specific operational
facets of the Multilingual Testbed. VeriSign GRS will implement the testbed
consistent with the existing agreements between it, ICANN, the U.S. Department
of Commerce, and registrars.
7. Nothing in these additional terms
should be construed as a promissory undertaking by the VeriSign Global
Registry Services and / or 1stDomain.Net and/or
Nothing contained in this Policy shall
be construed as creating any agency, partner-ship, or other form of joint
enterprise between the parties. The failure of 1stDomain.Net and/or
ccHawaii.net 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 1stDomain.Net
ccHawaii.net 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 1stDomain.Net and/or ccHawaii.net
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 1stDomain.Net
ccHawaii.net as reflected in the original provision.
No provision of this Agreement, including the 1stDomain.Net
ccHawaii.net fee schedule and the Dispute Policy,
may not be amended or modified by you except by means of a written
document signed by 1stDomain.Net and/or