INTERNET
SERVICE ROMANIA, S.A.
DOMAIN
NAME REGISTRATION AGREEMENT
Version Number: 4.0 [ 09/2000 ]
A.
Introduction. This Domain Name Registration Agreement
("Registration Agreement") is submitted to INTERNET SERVICE
ROMANIA, S.A. ("ISR") for the purpose of applying for and
registering a domain name on the Internet. If this
Registration Agreement is accepted by ISR, and a domain name
is registered in ISR's domain name database and assigned to
the Registrant, Registrant ("Registrant") agrees to be bound
by the terms of this Registration Agreement and the terms of
ISR's Domain Name Dispute Policy ("Dispute Policy") which is
incorporated herein by reference and made a part of this
Registration Agreement. This Registration Agreement shall be
accepted at the offices of ISR.
B. Fees, Payment and Term of Service. As
consideration for the services the Registrant has selected,
the Registrant agrees to pay ISR the applicable service fees
set forth on ISR's web site at the time of the Registrants
selection. All fees are non-refundable and include any
permitted modification(s) to the domain name's record during
the covered period. Unless otherwise specified, each ISR
service is for a two (2) year initial term and renewable
thereafter for successive one (1) year terms. Any renewal of
Registrants services with ISR is subject to the current
terms and conditions and payment of all applicable service
fees at the time of initial registration and in the case of
domain name reregistration, the domain name registry's
acceptance of Registrants domain name registration or
reregistartion. Payment may be made payable either directly
to "Internet Service Romania, S.A.", or indirectly to ISR
through the Registrant's Internet Service Provider ("ISP").
Unless otherwise specified, payment is due within thirty
(30) days from the date of the invoice.
C. Modifications to Agreement. Except as otherwise
provided in this Registration Agreement, the Registrant
agrees, during the term of this Registration Agreement, that
ISR may: (1) revise the terms and conditions of this
Registration Agreement; and/or (2) change part of the
services provided under this Registration Agreement at any
time. Any such revision or change will be binding and
effective immediately upon posting of the revised
Registration Agreement or change to the service on ISR's
sites, or upon notification to the Registrant by e-mail or
postal mail. Registrant agrees to periodically review ISR's
web sites, including the current version of this
Registration Agreement available on ISR's web sites, to be
aware of any such revisions. If the Registrant does not
agree with any revision to the Registration Agreement, the
Registrant may terminate this Registration Agreement at any
time by providing us with notice by e-mail or postal mail.
Notice of the Registrants termination will be effective on
receipt and processing by ISR. Any fees paid by the
Registrant if the Registrant terminates the Registration
Agreement with ISR are nonrefundable, but the Registrant
will not incur any additional fees. By continuing to use
ISR's services after any revision to this Registration
Agreement or change in service, the Registrant agrees to
abide by and be bound by any such revisions or changes. ISR
is not bound by nor should the Registrant rely on any
representation by (I) any agent, representative or employee
of any third party that the Registrant may use to apply for
ISR's services; or in (II) information posted on ISR's web
site of a general informational nature. No employee,
contractor, agent or representative of ISR is authorized to
alter or amend the terms and conditions of this Registration
Agreement.
D. Dispute Policy. Registrant agrees, as a condition
to submitting this Registration Agreement, and if the
Registration Agreement is accepted by ISR, that the
Registrant shall be bound by ISR's current Dispute Policy.
The current version of the Dispute Policy may be found at
the RomNIC's web site: "http://www.nic.ro/dispute.html".
E. Dispute Policy Changes or Modifications.
Registrant agrees that ISR, in its sole discretion, may
change or modify the Dispute Policy, incorporated by
reference herein, at any time. Registrant agrees that
Registrant's maintaining the Registration of a domain name
after changes or modifications to the Dispute Policy become
effective constitutes Registrant's continued acceptance of
these changes or modifications. Registrant agrees that if
Registrant considers any such changes or modifications to be
unacceptable, Registrant may request that the domain name be
deleted from the domain name database.
F. Disputes. Registrant agrees that, if the
Registration of its domain name is challenged by any third
party, the Registrant will be subject to the provisions
specified in the Dispute Policy.
G. Agents. Registrant agrees that if this
Registration Agreement is completed by an agent for the
Registrant, such as an ISP or Administrative Contact/Agent,
the Registrant is nonetheless bound as a principal by all
terms and conditions herein, including the Dispute
Policy.
H. Notices and Announcements. Registrant authorizes
ISR to notify the Registrant as ISR's customer of
information that ISR deems is of potential interest to the
Registrant. Notices and announcements may include commercial
e-mails and other notices describing changes, upgrades, new
products and services or other information pertaining to
Internet security or to enhance the Registrants identity on
the Internet and/or other relevant matters. If the
Registrant do not wish to receive bulk email solicitation
notices or announcements please send an email at
remove@nic.ro.
I. Limitation of Liability. Registrant agrees that
ISR's entire liability, and the Registrants exclusive
remedy, with respect to any ISR service provided under this
Registration Agreement and/or for any breach of this
Registration Agreement is solely limited to the amount the
Registrant paid for such service. ISR and its contractors
shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or
inability to use any of the ISR's services or for the cost
of procurement of substitute services. ISR disclaims any and
all loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or access
interruptions; (2) loss or liability resulting from data
non-delivery or data mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of Registrant Account,
Password or security authentication option; (5) loss or
liability resulting from errors, omissions, or misstatements
in any and all information or service provided under this
Registration Agreement; (6) loss or liability relating to
the deletion of or failure to store e-mail messages; (7)
loss or liability resulting from the development or
interruption of the Registrants web site; (8) loss or
liability that Registrant may incur in connection with the
processing of the Registrants application for ISR's
services, the processing of any authorized modification to
Registrants domain name record or Registrants agents failure
to pay any fees, including the initial registration fee or
reregistration fee; or (9) loss or liability as a result of
the application of the dispute policy.
J. Indemnity. Registrant agrees to release,
indemnify, and hold ISR, in its capacities as the registry
and a registrar, and ISR's contractors, agents, employees,
officers, directors, shareholders, affiliates and assigns
harmless from all liabilities, claims, damages, costs and
expenses, including reasonable attorneys' fees and expenses,
of third parties relating to or arising under this
Registration Agreement, ISR's services provided hereunder or
the Registrant use of ISR's services, including without
limitation infringement or dilution by Registrant, or
someone else using ISR's service from the Registrant
computer, of any intellectual property or other proprietary
right of any person or entity, or a violation of any of the
operating rules or policies relating to the service
provided. When ISR is threatened with suit or sued by a
third party, ISR may seek written assurances from Registrant
concerning Registrants promise to indemnify us; Registrants
failure to provide those assurances may be considered to be
a material breach of this Registration Agreement.
K. Breach. Registrant agrees that failure to abide by
any provision of this Registration Agreement or the Dispute
Policy may be considered by ISR to be a material breach and
that ISR may provide a written notice, describing the
breach, to the Registrant. If, within fifteen (15) days of
the date of mailing such notice, the Registrant fails to
provide evidence, which is reasonably satisfactory to ISR,
that it has not breached its obligations, then ISR may
delete Registrant's Registration of the domain name. Any
such breach by a Registrant shall not be deemed to be
excused simply because ISR did not act earlier in response
to that, or any other, breach by the Registrant.
L. No Guaranty. Registrant agrees that, by
Registration of a domain name, such Registration does not
confer immunity from objection to either the Registration or
use of the domain name.
M. Warranty. Registrant warrants by submitting this
Registration Agreement that, to the best of Registrant's
knowledge and belief, the information submitted herein is
true and correct, and that any future changes to this
information will be provided to ISR in a timely manner
according to the domain name modification procedures in
place at that time. Breach of this warranty will constitute
a material breach.
N. DISCLAIMER OF WARRANTIES. ISR EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. ISR MAKES NO WARRANTY THAT THE SERVICES
WILL MEET THE REGISTRANTS REQUIREMENTS, OR THAT THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES ISR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY,
COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
THE REGISTRANT FROM ISR SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
O. Revocation. Registrant agrees that ISR may delete
a Registrant's domain name if this Registration Agreement,
or subsequent modification(s) thereto, contains false or
misleading information, or conceals or omits any information
ISR would likely consider material to its decision to
approve this Registration Agreement.
P. Right of Refusal. ISR, in its sole discretion,
reserves the right to refuse to approve the Registration
Agreement for any Registrant. Registrant agrees that the
submission of this Registration Agreement does not obligate
ISR to accept this Registration Agreement. Registrant agrees
that ISR shall not be liable for loss or damages that may
result from ISR's refusal to accept this Registration
Agreement.
Q. Severability. Registrant agrees that the terms of
this Registration Agreement are severable. If any term or
provision is declared invalid, it shall not affect the
remaining terms or provisions which shall continue to be
binding.
R. Entirety. Registrant agrees that this Registration
Agreement and the Dispute Policy is the complete and
exclusive agreement between Registrant and ISR regarding the
Registration of Registrant's domain name. This Registration
Agreement and the Dispute Policy supersede all prior
agreements and understandings, whether established by
custom, practice, policy, or precedent.
S. Governing Law. Registrant agrees that this
Registration Agreement shall be governed in all respects by
and construed in accordance with the laws of Romania.
This is Domain Name Registration Agreement Version Number
4.0. This Registration Agreement is only for Registrations
under the domains listed under
http://www.nic.ro/domains.html. By applying for a service
through ISR's online application process or by applying for
and registering a domain name as part of the e-mail template
application process or by using the service provided by ISR
under this Agreement, Registrant acknowledges that he/she
has read and agrees to be bound by all terms and conditions
of this Agreement and any pertinent rules or policies that
are or may be published by ISR.
Please
read our Disclaimer
and the Service Agreement above.
© Copyright 2000 Internet
Service Romania, S.A.
All rights reserved.
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