Domain Deletion and Auto Renew Policy
Domain names are registered for fixed periods that are subject to renewal. If a customer has selected our “auto-renew” feature or has not opted out of "auto-renew" for a domain name registration, we will attempt to automatically renew the domain name registration approximately sixty (60) to ninety (90) days prior to the domain name registration expiration date (subject to the terms related to the “auto-renew” feature found in our Service Agreement and on our web site). If a Stork Registry reseller has selected the “auto-renew” feature on behalf of their customer(s), we will attempt to automatically renew the domain name approximately 15 days prior to the expiration date. If "auto-renew" is turned on past the normal renewal period, that product will be renewed within the next 24 hours. If a customer has not selected our “auto-renew” feature for a domain name registration, we send several communications to customers and/or the agents acting on their behalf to alert them that their domain name registration services will expire on a certain date. If a customer does not renew the domain name registration by the expiration date, the domain name registration is subject to deletion at any time after that. In an effort to help our customers avoid unintentional deletion of their domain name registration(s), we may, but are not obligated to, provide our customers with a “grace period” after their domain name registration services expiration date(s) (a “grace period” begins on the day after the date of expiration). We currently endeavor to provide a grace period that extends 30 days past the expiration date, to allow the renewal of domain name registration services. During this period a customer can renew a domain name registration; however, a grace period is not guaranteed and can change or be eliminated at any time without notice. Consequently, every customer who desires to renew his or her domain name registration services should do so in advance of the expiration date to avoid any unintended domain name deletion.
If an expired domain name registration is not renewed during any grace period provided by us, pursuant to our Service Agreement, rather than delete the domain name registration, we may, in our sole discretion, renew and transfer the domain name registration to Stork Registry or to a third party on the customer’s behalf. This renewal and transfer process is called a “Direct Transfer.” We will not attempt to complete a Direct Transfer of a domain name registration after expiration if the customer to whom the domain name is registered has notified us by email at email@example.com stating that he or she does not want us to proceed with such a transfer. In this case, the domain name registration will be deleted. A customer’s failure to notify us that they do not want us to complete a Direct Transfer constitutes that customer’s consent to the Direct Transfer.
If an expired domain name registration is not renewed as outlined above, absent extenuating circumstances, we will delete the domain name registration. Registry Operators may provide registrars with the ability to “redeem” a deleted domain name registration for a customer, and we, in turn, may (but are not obligated to) provide customers with an ability to redeem a particular domain name registration. Such a Redemption Grace Period (RGP) is not guaranteed and customers should renew their domain name registration services in advance of the domain name registration expiration date(s) to avoid deletion of domain name registration services. Currently, some Registry Operators provide an RGP for 30 days from the date of deletion. If we decide to provide the redemption service to a customer, we charge an additional fee to redeem and renew a domain name registration during the RGP. If the domain name registration is not redeemed by the expiration of the RGP, it is then placed on “Pending Delete” status for five additional days, after which it is deleted and the domain name character string is then once again available for registration.
In the event that a domain name registration is the subject of a Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding and expires or is deleted during the course of the dispute, the party that filed the UDRP proceeding has the option to renew or restore the domain name registration under the same commercial terms as the original customer. If the case ultimately is terminated or the arbitrator finds against the filing party, the name will be deleted within 45 days.
Domain Transfer Policy
To transfer a domain name registration to another registrar from Stork Registry, the customer seeking to transfer the domain name registration must initiate the transfer request with the gaining registrar. The customer’s current WHOIS Administrative Contact of record listed in Stork Registry’s WHOIS account must approve the transfer by providing express authorization to the gaining registrar in a valid Standardized Form of Authorization.
Stork Registry will then send an e-mail to the Primary Contact (Registrant) of the domain name(s) indicating that it has received a transfer request from the gaining registrar for such domain name(s). The Primary Contact (Registrant) may choose to approve or deny the transfer. If the Primary Contact (Registrant) does not respond to the authorization, the transfer will automatically complete in five days from the date the transfer request was received. Additionally, Stork Registry may deny a transfer request in certain circumstances approved of in the Internet Corporation of Assigned Names and Numbers (ICANN) Policy on Transfer of Registrations between Registrars.
Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
1. This policy is now in effect. See www.icann.org/udrp/udrp-schedule.htm for the implementation schedule.
2. This policy has been adopted by all ICANN-accredited registrars. It has also been adopted by certain managers of country-code top-level domains (e.g., .nu, .tv, .ws).
3. The policy is between the registrar (or other registration authority in the case of a country-code top-level domain) and its customer (the domain-name holder or registrant). Thus, the policy uses "we" and "our" to refer to the registrar and it uses "you" and "your" to refer to the domain-name holder.
1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/en/dndr/udrp/uniform-rules.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/en/dndr/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at http://www.storkregistry.com/policy.php"> at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
Acceptable Use Policy
The purpose of this Policy is to enhance the quality of the Services, and to protect the Company's customers and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to visitors to our Website and to each Customer and its employees, agents, contractors or other users who obtain Services from Company on behalf of the Customer (collectively, "Users"). Users should use common sense and good judgment in connection with Website and the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
3. Prohibited Uses
Users may not:
a. Utilize the Services to send unsolicited e-mail to third parties. Furthermore, Users may use the Services or software programs provided by Company to send e-mail only if Users ensure that such transmissions fully comply with all applicable regulations, rules, and laws, including, without limitation, the U.S. CAN-SPAM Act of 2003.
b. Utilize the Services in connection with any illegal activity or any activity that would otherwise violate any applicable regulations, rules or laws. Without limiting the general application of this rule, Users may not:
utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
utilize the Services to traffic in illegal narcotics, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
utilize the Services to export encryption software to points outside Canada in violation of applicable export control laws; or
utilize the Services in any manner that violates any applicable regulation, rule or law.
c. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
utilize the Services to publish or disseminate information that (1) constitutes slander, libel or defamation, (2) publicizes the personal information or likeness of a person without that person's consent, or (3) otherwise violates the privacy rights of any person; or
utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
d. Utilize the Services in connection with any other offensive, disruptive, abusive, or questionable activity. Without limiting the general application of this rule, Users may not:
utilize the Services to cause denial of service attacks against Company or other network hosts or Internet users or to otherwise degrade or impair the operation of Company's servers and facilities or the servers and facilities of other network hosts or Internet users;
post messages or software programs that consume excessive CPU time or storage space;
utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User's own account;
utilize the Services to resell access to CGI scripts installed on Company's servers;
utilize the Services to subvert, or assist others in subverting, the security or integrity of any Company systems, facilities or equipment;
utilize the Services to gain unauthorized access to the computer networks of Company or any other person;
utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
utilize the Services to (1) forge the signature or other identifying mark or code of any other person, (2) impersonate or assume the identity or any other person, or (3) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
utilize the Services to distribute or post any virus, worm, Trojan horse, adware or spyware, malware, corrupted data, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
utilize the Services in any manner deemed, in Company's sole discretion, to be violent or encouraging violence;
utilize the Services in a manner deemed, in Company's sole discretion, to display bigotry, racism, discrimination, or hatred in any manner whatsoever;
utilize the Services in any manner that might subject Company to unfavorable regulatory action, subject Company to any liability for any reason, or adversely affect Company's public image, reputation or goodwill, including, without limitation, sending, displaying or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Company in its sole discretion;
hold Company or its employees, shareholders, or affiliates up to public scorn, ridicule, or defamation;
use any third party software that impairs, disrupts, destroys, or otherwise damages or has potential to damage Company's servers and facilities or the servers and facilities of other network hosts or Internet users;
utilize the Services in any manner that exceeds any Company data transfer, bandwidth or storage space limits or otherwise use any such data transfer, bandwidth or storage space in an excessive or abusive manner; or
utilize the Services in any other manner to interrupt or interfere with the Internet or services usage of other persons.
If Company learns of or in its reasonable estimation believes there is a violation of this Policy, Company may, in Company's sole discretion; take one or more of the following actions, with or without notice to Customer:
warn the Customer;
suspend the Services or the offending Customer from the Services;
terminate the Services or the offending Customer from the Services;
impose fees or charges on the offending Customer account;
remove any offending content;
take any other action in accordance with this Policy, the applicable service agreement or applicable law; or
take any other action deemed appropriate in Company's sole discretion.
Company expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Company has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any website.
6. Reservation of Rights
Company reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Company's Services, Customers and other Users. Company reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. Company may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that Company is authorized to monitor its communications through Company's network for such purposes. Any failure by Company to enforce any of its rights under this Policy or any applicable laws shall not constitute a waiver of such right.
7. Abuse, Violations and Complaints
Reporting Copyright Violations. Company complies with the Digital Millennium Copyright Act ("DMCA"). Company encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA to firstname.lastname@example.org. Users may also send a notice by mail to:
Attn: Legal Department
6110 Ordan Drive, Unit 9
Mississauga, Ontario, Canada
Company reserves the right to suspend or terminate any Customer pursuant to any valid DMCA complaint. Furthermore, Company, in its sole discretion, may suspend or terminate, without notice, any User that Company determines is a repeat infringer.
Reporting Illegal Activity and Non-Copyright Violations. Company encourages Users to report illegal activity and non-copyright violations of this Policy by e-mail to email@example.com, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail. You may also report any such illegal activity by calling +1-647-933-9835. Upon receipt of any such claim, Company shall reasonably investigate and track any such claim, and shall take such action as Company, in its sole discretion, feels is necessary.
Reporting Customer Concerns and Other Complaints. StorkRegistry.com strives to provide excellent customer service. For concerns or complaints related to our services, you may contact us via our website, the applicable online account manager, the toll free telephone number located on our website, or by emailing us at firstname.lastname@example.org, whereby we endeavor to respond to all email requests within three (3) business days. In the event that you are not satisfied with any such response, you may request that your matter be escalated to a customer service manager for further review.
Terms and Conditions of Stork Registry Domain Registration Services
1. INTRODUCTION. In this Service Agreement ("Agreement"),"Registrant" "you" and "your" refer to each user, customer ("Customer") and its agents, and "Registrar", "we", "us" and "our" refer to StorkRegistry.com Corp. ("Stork" or “StorkRegistry.com”). This Agreement explains our obligations to you, and your obligations to us in relation to the service(s) that you purchase and use from us. By selecting Stork service(s) you have agreed to establish an account with us for such service(s). When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional Stork service(s) or to modify or cancel your Stork service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our service(s) and the performance of our service(s) will occur at our offices in 6110 Ordan Drive, Unit 9, Mississauga, ON, L5T 2B4, Canada, the location of our principal place of business. You agree that each person listed in your account information as being associated with your account for any service(s) provided to you is your agent with full authority to act on your behalf for such services in accordance with the permissions granted, including but not limited to the authorization to terminate, transfer (where permitted by this Agreement), or to modify or purchase additional service(s). You also agree that if you list, directly or by default, Stork as a contact for your account for any of the service(s), we have the right, without notice, to remove our name and/or information from any such service(s) and to replace the same with the name and/or information provided by you.
2. SECURITY. When you register a domain name or subscribe to our service(s) with us, we provide you with a password or passphrase that can be used to modify your information. It is your responsibility to safeguard your password or passphrase. You accept full responsibility for modifications made to your service(s) using this password or passphrase.
3. VARIOUS SERVICES. The terms of this Agreement are applicable to any and all of the Stork's service(s) you have chosen, including any additional services you may choose in the future which may be offered by Stork from time to time. NOTICE REGARDING BUNDLED SERVICES: If you purchase Stork services that are sold together as a “bundled” package (e.g., you select a web site package that includes both a domain name and hosting services, as opposed to your purchasing such services separately) ("Bundled Services"), termination of any part of the service will result in termination of all services provided as part of the bundled package.
4. FEES AND PAYMENT. As consideration for the services you have selected, you agree to pay Stork the applicable service(s) fees set forth on our Web site at the time of your selection. All fees are due immediately and are non-refundable. Stork may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by Stork to collect such fees. If you qualify, we may extend payment terms to you. You agree to recurring payments and a recurring billing schedule for your services. We reserve the right to change our prices and will post prices on our website.
5. TERM OF SERVICE. Unless otherwise specified, each StorkRegistry.com service is for a one-year initial term and is automatically renewed thereafter for successive one-year terms. A domain registered by you will be billed annually, until you choose to cancel the domain. Domain renewals, recovery or other services with us are subject to our then current Terms and Conditions as well as payment of all applicable service fees at the time of the recurring charge. Domain name renewals and recovery are subject to the registry's acceptance of your domain name registration.
Should you select to pay upfront for a multiple year term, each year on the anniversary of the registration StorkRegistry.com will pay on your behalf to the registry the required registry fees until the term you have purchased expires or StorkRegistry.com is no longer your registrar. Should the registry raise its fees, StorkRegistry.com will inform you and collect the difference for the term remaining.
In addition to other termination provisions contained in this Agreement, if you purchase Bundled Services, any termination relating to such bundle will terminate all Stork services included in such bundle. For instance, any domain name registered with or maintained by Stork under this Agreement will be canceled and may thereafter be available for registration by another party. Upon the effective date of termination, Stork will no longer provide the bundled services to you, any leases granted to you shall immediately terminate, and you will cease using such services immediately; provided, however, that Stork may, in its sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees for such services, allow you to convert certain services included in the bundled services to stand alone services.
6. ACCURATE INFORMATION. As further consideration for the Stork service(s), you agree to:
6.1 provide certain current, complete and accurate information about you as required;
6.2 maintain and update this information as needed to keep it current, complete and accurate; and
6.3 respond within fifteen (15) calendar days to a request by us to update or confirm the accuracy of your information.
We rely on this information to carry out our services for you and comply with the requirements of the registries of domain names and our service providers and to send you important information and notices regarding your account and our services. Any failure by you to provide or update such information or to respond to our request is a material breach of this Agreement.
8. THIRD PARTY INFORMATION. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal information you supply to us as part of our services with regard to:
8.1 the purposes for which such third party's personal information has been collected;
8.2 the intended recipients or categories of recipients of the third party's personal information;
8.3 which parts of the third party's information are obligatory and which parts, if any, are voluntary; and
8.4 how the third party can access and, if necessary, rectify the third party's personal information.
You further agree to provide such notice and obtain such consent with regard to any third party personal information you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
9. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may:
9.1 revise the terms and conditions of this Agreement; and/or
9.2 change the services provided under this Agreement at any time.
Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the service(s) is posted on Stork's Web site, or upon notification to you in accordance with Section 25 below. You agree to periodically review our Web site, including the current version of this Agreement available on our Web site, to be aware of any such revisions. If you do not agree with any revision to the Agreement or change to the services, you may terminate this Agreement at any time by providing us with notice in accordance with Section 25 below. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you prior to termination of your Agreement with us are nonrefundable, and you will not incur any additional fees. By continuing to use Stork's services ten (10) calendar days after any revision to this Agreement or change in service(s) is posted on our Web site, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation concerning this Agreement or our services made by:
9.1.a any agent, representative or employee of any third party that you may use to apply for our services; and
9.2.a information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Stork is authorized to alter or amend the terms and conditions of this Agreement.
10. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the account name and the password or passphrase that was provided to you by Stork. Please safeguard your account name and password or any security authentication option from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account name and password or passphrase.
11. AGENTS. You agree that, if your agent purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the ICANN UDRP and the Dispute Policy, whether your agent was authorized by you or not. You certify that your agent is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund any fees paid by you or your agent on your behalf for any reason based on any act or omission of your agent.
12. NOTICES AND ANNOUNCEMENTS. You authorize us to notify you, as our Customer, of information that we deem is of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and services or other information pertaining to domain names, Internet security or to enhance your identity on the Internet and/or other relevant matters. If you do not wish to receive bulk email solicitation notices or announcements please send us an email at support@StorkRegistry.com.
13. LIMITATION OF LIABILITY. To the extent permitted at law, Stork and its parent, subsidiary or affiliated companies, and their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns; as well as Stork’s suppliers or service providers, or their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Stork services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to:
13.1 any failure or inability to register the domain name;
13.2 any third party claims arising from or based on your domain name or use of our services;
13.3 access delays or access interruptions;
13.4 data non-delivery or data mis-delivery;
13.5 acts of God;
13.6 the unauthorized use or misuse of your account number or password or passphrase;
13.7 errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement;
13.8 the deletion of or failure to store email messages;
13.9 the development or interruption of your Web site;
13.10 our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or re-registration fee; or
13.11 the application of the ICANN UDRP or the Dispute Policy.
You agree that our entire liability, and your exclusive remedy, with respect to any Stork service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s).
14. INDEMNITY. You agree to release, indemnify, and hold Stork and its parent, subsidiary or affiliated companies, and their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns; as well as Stork’s suppliers or service providers, or their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising from your domain name registration or use of your domain name or the Stork services provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us. Your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from your domain name registration or use of your domain name or the Stork services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.
In addition, you agree to indemnify and hold harmless the applicable registry operator and its directors, officers, shareholders, 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.
15. BREACH. You agree that your failure to abide by any provision of this Agreement, any Stork operating rule or policy, the ICANN UDRP or the Dispute Policy may be considered by us to be a material breach of this Agreement and that we may provide to you a written notice in accordance with Section 25 below, describing the breach, to you. If within ten (10) calendar days of the date of such notice, 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, transfer the domain name to Stork and/or terminate the other Stork service(s) you are using without further notice. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. 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.
16. REPRESENTATIONS AND WARRANTIES. You agree and warrant that:
16.1 the information that you or your agent on your behalf provide to us during the application process to register your domain name or to apply for other Stork's service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner;
16.2 to the best of your knowledge and belief that neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of any third party;
16.3 you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder;
16.4 you have selected the necessary security option(s) for your domain name registration record; and
16.5 you are of legal age of 18 years or over to enter into this Agreement.
You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis.
17. DISCLAIMER. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
19. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to:
19.1 refuse to register your chosen domain name or register you for other Stork service(s); and
19.2 cancel your domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we cancel your domain name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid, less any applicable administration fees.
You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your domain name, the deletion your domain name or our refusal to register you for other Stork service(s).
20. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
21. ENTIRETY. You agree that this Agreement, the rules and policies published by us, the ICANN UDRP, the Dispute Policy and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the ICANN UDRP, the Dispute Policy and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.
22. NON-ASSIGNMENT. Your rights under this Agreement are not assignable. Any attempt by you to assign your rights shall render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, shall render this Agreement voidable at our option.
23. GOVERNING LAW. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflict of laws rules. You and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of that Province. You agree that any action, suit or application will be brought and heard in Mississauga, Canada.
24. AGREEMENT TO BE BOUND. By applying for the service(s) of Stork or an affiliate through our online application process or by applying for and registering a domain name using the service(s) provided by Stork or its affiliates under this Agreement. You acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the ICANN UDRP, the Dispute Policy and any pertinent rules or policies that are or may be published by Stork or ICANN. In addition, if you are registering other top level or country-code domain names (including, but not limited to .BIZ, .EU, .ORG, and/or other domain names) or any additional services, you have read and agree to the terms and conditions of those provisions.
25. NOTICES. All notices to be provided by either party to this Agreement to the other shall be in writing and shall be validly given if sent by email, personal or courier delivery or by ordinary mail as follows:
25.1 to Stork, at support@StorkRegistry.com, Customer Support, Stork, 6110 Ordan Drive, Unit 9, Mississauga, ON, L5T 2B4, Canada and
25.2 to Customer, at the email and postal address provided by you as part of the application process for the domain name registration. Any notice sent by email shall be deemed to have been received upon receipt; by personal or courier delivery on the date of delivery, and by post on the 5th calendar day after mailing.
Confirmation of annual billing for domains will be received by email to the primary account contact. Around the time of cancellation due to user request, failed payment, or for any other reason a domain is canceled, the owned customer will receive two notification emails (a month and a week prior to expiry date) to their primary email address. The customer will also receive another notification email after one week of the expiry date.
26. TIME CALCULATIONS. Stork operates in accordance with Greenwich Mean Time (GMT). Any and all references to timing in this Agreement, and all schedules and appendices hereto, are to be interpreted in accordance with GMT.
27. INCORPORATION BY REFERENCE. EACH REGISTRY FOR DOMAIN NAMES AND CERTAIN OTHER SERVICE PROVIDERS WHO SUPPLY CERTAIN STORKREGISTRY.COM CORP. SERVICES OFFERED BY STORKREGISTRY.COM CORP. TO YOU, REQUIRE US TO INCORPORATE CERTAIN TERMS AND CONDITIONS INTO OUR AGREEMENT WITH YOU, AS SET FORTH BELOW.
ALL SUCH TERMS, AND ALL OF THE OTHER SCHEDULES ATTACHED TO THESE MAIN TERMS AND CONDITIONS, ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT AND APPLY TO YOUR DOMAIN NAME(S) AND ANY APPLICABLE STORKREGISTRY.COM CORP. SERVICES PURCHASED BY YOU, AND YOU AGREE TO BE BOUND BY THEM.
28. TAXES. All domain name registrations, email, hosting or any other services offered by Stork are subject to the Goods and Services Taxes unless you meet the following requirements:
28.1 You certify that you are neither a Canadian resident nor reside in Canada or its territories; and
28.2 You warrant that your billing address is located outside Canada.
29. SURVIVAL: In the event this Agreement terminates as provided herein, Sections 1, 3, 4, 11, 13, 14, 17, 20, 21, 22, 23, 24, 25 and 27 of this Agreement, and all releases, indemnities, waivers and disclaimers set forth in any Schedule annexed hereto, shall survive such expiration or termination.
30.1 A small recovery fee will be charged to recover domains in canceled status (available for 30 days after a domain has been canceled).
30.2 To recover domains in a "Redemption Grace Period" status, there is an additional recovery fee.
Schedule A: Terms and Conditions Relating to Domain Name Registration
1. NO GUARANTY: You agree that, the registration of your chosen domain name does not confer immunity from objection to either the registration or use of your domain name.
2 SECURITY: Stork does not guarantee the security of your domain name registration records, and you assume all risks that the password and/or passphrase you select may be compromised as a result of fraudulent, unauthorized or illegal use.
3. TRANSFERS. You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with us (except for .au and .name domain names).
4. LICENSING OF DOMAIN NAME: You hereby acknowledge and agree that if you license use of your domain name to a third party you nonetheless remain the registrant of record and are responsible for providing your own 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. If you are licensing use of a domain name you hereby accept liability for harm caused by wrongful use of the domain name, unless you disclose the identity of the licensee within seven (7) days to the party providing reasonable evidence of actionable harm.
5. PROVISION OF REGISTRATION DATA: As part of the registration process, you are required to provide us with certain information and to update this information and correct and update them within seven (7) days of any change during the term of the registration. This information includes: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; the names of the primary nameserver and secondary nameserver(s) of the registered name; The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the registered name; and the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the registered name.
Willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided within seven (7) days of any change, or its failure to respond for over fifteen (15) calendar days to inquiries concerning the accuracy of contact details associated with the registration shall constitute a material breach and be a basis for suspension and/or cancellation of the registration.
6. USE OF INFORMATION.
6.1 In accordance with our privacy statement, which can be found at http://www.StorkRegistry.com/privacy.php, and in order for us to comply with the current rules and policies of the domain name system, you hereby grant StorkRegistry.com the right to to disclose to the public the following mandatory information that you are required to provide when registering or reserving a domain name:
6.1.1 the domain name(s) registered by you;
6.1.2 your name and postal address;
6.1.3 the name(s), postal address(es), email address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain name(s);
6.1.4 the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s);
6.1.5 the corresponding names of those nameserver(s);
6.1.6 the original creation date of the registration; and
6.1.7 the domain’s expiry date
6.2 In addition, we are required to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via email (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, you agree to be bound by ICANN's Uniform Domain-Name Dispute-Resolution Policy (the "ICANN UDRP" and others as applicable) that are incorporated herein and made a part of this Agreement by reference. The current version of the ICANN UDRP may be found at ICANN's Web site:
The Dispute Policy is currently as follows:
Notwithstanding anything in this Agreement to the contrary, you agree that in the event a domain name dispute arises with any third party, (i) you will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of your domicile and the Province of Ontario, Canada; and (ii) you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your domain name registration or your use of our domain name registration services, you will not be permitted to make any changes to your domain name record without our prior approval. We will not allow you to make changes to such domain name record until:
8.1 we are directed to do so by the judicial or administrative body, or
8.2 we receive written notification by you and the other party contesting your registration or use of our domain name registration services that the dispute has been settled.
Furthermore, you agree that if we and/or you are subject to litigation regarding your registration or use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial or administrative body by supplying a party with a registrar certificate from us.
9. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our Dispute Policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree to periodically review our Web Site to be aware of such revisions. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement by providing written notice to us in accordance with Section 25 under the Main Terms and Conditions. We will not refund any fees paid by you if you terminate your Agreement with us.
10. CANCELLED DOMAINS. You agree that we may, but are not obligated to, bill you annually for a domain that you have registered until you cancel the domain. You agree to cancel a domain when you no longer wish to have that domain registered. You agree that no refunds will be issued for domains canceled prior to their annual billing date. A domain will be canceled immediately following your cancellation request. Should you cancel your domain name, you agree that you have 30 days to recover your canceled domain, after which time we will, in our sole discretion, delete the domain registration, renew the registration or transfer the domain name to a third party on your behalf (the "Transfer"). A domain name can be deleted in our sole discretion at any time if it violates our Terms or Use or after it is canceled by the user. When possible we will offer a 30 day user recovery period. An additional 30 day Recovery Grace Period (RGP) may be available for some domains. In To recovery a domain in RGP period, you agree to contact customer service and to pay the RGP Recovery Fee in addition to the annual domain fee. In the event we are able to identify a third party ("Third Party") and Transfer a canceled domain, we will notify you via email after the transaction is completed ("Transfer Notification"). You acknowledge and agree that the Transfer may be facilitated through a single Third Party, or through an auction involving one or more parties interested in your domain name. You agree that we shall have no obligation to pay you, and you shall have no right to receive, any percentage of the proceeds of the Transfer. We cannot guarantee, and we make no representation or promise, that any Transfer will occur with respect to your domain name.
11. NEW CUSTOMERS THROUGH AN AFTERMARKET SERVICE PROVIDER: If you are registering a domain name through an aftermarket service provider and that domain was registered with, and not yet deleted by, StorkRegistry.com at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of a Transfer (as defined in section 9). If you are registering a domain name through an aftermarket service provider and the domain name was not registered with StorkRegistry.com at the time of your purchase but was deleted by the applicable top-level domain registry at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the date it is initially registered with StorkRegistry.com by the provider of the backorder service.
12. PARKED AND COMING SOON PAGES FOR ACTIVE DOMAINS: You acknowledge and agree that any and all domain names that are (i) registered with StorkRegistry.com, (ii) hosted by a third party through StorkRegistry.com as part of a Subscription Service, and (iii) do not otherwise resolve to an active website, may resolve to a "coming soon" or similar temporary web page ("Coming Soon Page"), and that StorkRegistry.com may place on any such Coming Soon Page promotions, advertisements and other information for, and links to, StorkRegistry.com's website, StorkRegistry.com's product and service offerings, third party websites, third party product and service offerings and/or Internet search engines. You agree that StorkRegistry.com may change the content and/or appearance of, or disable, any Coming Soon Page at any time, in its sole discretion, and without prior notice. You agree that any and all revenue generated from such a Coming Soon Page enures to the benefit of StorkRegistry.com. You may discontinue use of the Coming Soon Page for your registered domain at any time by logging into your account and making such changes.
13. PARKED AND RESTORATION PAGES FOR DELETED DOMAINS You agree that after you have canceled a domain we may direct your domain name to an IP address designated by us, including, without limitation, an IP address which hosts a Restore domain landing page, or a temporary page ("Coming Soon Page") that may include promotions, advertisements and other information for, and links to, StorkRegistry.com's website, StorkRegistry.com's product and service offerings, third party websites, third party product and service offerings and/or Internet search engines, and you agree that we may place our contact information in the WHOIS output for the canceled domain. You agree that StorkRegistry.com may change the content and/or appearance of, or disable, any Domain Restoration or Coming Soon Page at any time, in its sole discretion, and without prior notice. You agree that any and all revenue generated from a temporary page belongs to StorkRegistry.com or such third party as designated by StorkRegistry.com.
14. REVOCATION: You agree that we may cancel or delete your domain name if the information that you provide to us or subsequently modify contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your domain name or to continue to provide you domain name registration services. You agree that we may terminate immediately and without notice our service(s), including our domain name registration services, in the event that you use such service(s) for any improper purpose, as determined in our sole discretion. Furthermore, you agree that we may suspend, delete, cancel or transfer your domain name in order to:
14.1 comply with any Specification or Policy, or any StorkRegistry.com or registry operator procedure not inconsistent with any Specification or Policy; or
14.2 correct mistakes made by us or the registry in registering your chosen domain name; or
14.3 resolve a dispute under the ICANN UDRP or the Dispute Policy. We will not refund any fees paid by you prior to termination of our services.
15. SURVIVAL: In the event this Agreement or Schedule terminates, Sections 3, 4, 5, 6, 7, 8, 9, 10 and 14 of this Schedule shall survive such expiration or termination.
Schedule B: Registry Operator Terms and Conditions Applicable to all .EU Registrations
The following definitions apply to .eu Terms and Conditions of this Schedule only.
1.1. "ADR Procedure" has the meaning ascribed to it in the .eu Dispute Resolution Rules which can be found at the EURid webpage at
1.3. ".eu Regulation" means Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the .eu Top Level Domain, OJ L, 113, 30 April 2002, pp. 1-5;
1.4. "Registry" means EURid vzw/asbl, a not-for-profit organization duly incorporated and validly existing under the laws of Belgium, with registered office at Park Station, Woluwelaan 150, 1831 Diegem (Belgium).
1.5. "Registration Policy" means the document available on the Website of the Registry.
1.6. "Rules" means the .eu Domain Name Registration Terms and Conditions, the Registration Policy, the .eu Dispute Resolution Rules, the Sunrise Rules (when applicable), the Registration Guidelines and the Regulations which can be located at the EURid webpage at www.eurid.eu. It is recommended that you read these documents.
2.1. Before registering a .eu Domain Name, you should take the time to review our General Terms and Conditions and all the Rules and policy documents that the Registry has published on their webpage. The webpage of the Registry is available at www.eurid.eu.
4. Obligations of the Registrant
Throughout the Term, the Registrant has the following obligations:
4.1. to keep your contact information, as referred to in the Registration Policy, accurate, complete and up to date, both (i) with the Registrar with whom the Registrant has entered into an Agreement and (ii) with the Registry (via the Registrar), as described in the Registration Policy. Moreover, the Registrant represents and warrants that any email address communicated to the Registry shall be a functioning email address;
4.2. to use the Domain Name in such way that it does not violate any third party rights, applicable laws or regulations, including discrimination on the basis of race, language, sex, religion or political view;
4.3. not to use the Domain Name (i) in bad faith or (ii) for any unlawful purpose.
5. Representations and Warranties
You represent and warrant that:
5.1. you meet one of the General Eligibility Criteria, and you shall inform us when you cease to meet such conditions;
5.2. all information provided to the Registry during the Domain Name registration process is true, complete and accurate;
5.3. the request for Domain Name registration is made in good faith, for a lawful purpose and does not infringe the rights of any third party;
5.4. the Domain Name is not contrary to public policy or morality (e.g. is not obscene or offensive) and is not unlawful; and
5.5. you shall, throughout the Term, abide by these Terms and Conditions as issued by EURid and any and all applicable Rules.
6. Term and Renewal of the Domain Name
6.1. The Term of any Domain Name registration shall commence on the date of registration of the Domain Name, and shall end the following calendar year, within which the Domain Name was registered.
Unless otherwise provided for herein, the Term shall be tacitly renewed for an additional period that shall end the following calendar year, within which the Domain Name was renewed, transferred or reactivated.
6.2. Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal and, in the case of domain name re-registration, the domain name registry's acceptance of your domain name registration.
6.3. You may cancel your Domain Name before the Renewal Date if you have provided us with a cancellation request.
7. Transfer of Domain Name
7.1. The Registrant shall be entitled to transfer a Domain Name where the following conditions are cumulatively met:
7.1.1. the transferee has confirmed that it satisfies the General Eligibility Criteria; and
7.1.2. the Registry has received all applicable fees for such transfer via the Registrar appointed by the transferee; and
7.1.3. the procedure described in Section 13 of the Registration Policy has been successfully completed.
7.2. Suspended or blocked Domain Name cannot be transferred unless
7.2.1. A decision has been rendered by (a) a panel in an ADR Procedure, or (b) by a court of a Member State; or
7.2.2. upon receipt by the Registry of any fees applicable in this respect, in case the Domain Name has been suspended in accordance with Section 9 of the .eu Domain Name Registration Terms and Conditions.
8. Change of Registrar
In the event that the agreement (a) between the Registry and the Registrar or (b) between the Registrar and the Registrant is terminated, the Registrant shall follow the relevant procedure set out in Section 10 of the Registration Policy in order to maintain its Domain Name registration. You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with us.
9. Suspended, Blocked and Revoked Domain Names
The Registry may suspend, block or revoke a Domain Name pursuant to section 9 of the .eu Domain Name Registration Terms and Conditions. It is recommended that you read these provisions.
10. Rights Granted
10.1. The Registrant acknowledges that upon registration of a Domain Name, the Registrant obtains a limited, transferable, renewable, exclusive right to use the Domain Name for the Term, unless otherwise provided for in the Rules. No other rights can be claimed by the Registrant except for those included herein.
10.2. The Registrant shall not be entitled to exercise any right of withdrawal following receipt by the Registry of an application or request for registration of a Domain Name.
11. Communication Between the Registry and the Registrant
11.1. Any official communication between the Registry and the Registrant shall be effected by email:
11.1.1. if to the Registry:
184.108.40.206. if ordered to do so by a public authority, carrying out its legitimate tasks,
220.127.116.11. upon demand of the ADR Providers mentioned in section 16 of this document ;or
18.104.22.168. as provided in Section 12.3 of the .eu Domain Name Registration Terms and Conditions.
12.1.2. You have the right to access your personal data and to amend any errors that may exist.
12.2. Information collected by Registry:
12.2.1. The Registry will collect the following personal data for its internal use:
22.214.171.124. full name of the Registrant;
126.96.36.199. technical contact name;
188.8.131.52. postal address;
184.108.40.206. email address;
220.127.116.11. telephone number;
18.104.22.168. fax number (optional);
22.214.171.124. language for ADR proceedings, as referred to in Paragraph 3(a) of the .eu Dispute Resolution Rules.
12.2.2. Such information may be published in its WHOIS. Please review section 3.1 of the .eu Domain Name Registration Terms and Conditions can be located at
14. Applicable Law and Jurisdiction
14.1. The Terms and Conditions and any dealings between the Registry and the Registrant hereunder are subject to Belgian law. In the event of any dispute, disagreement or claim between the Registry and the Registrant, the courts in Brussels (Belgium) shall have exclusive jurisdiction, except for the cases referred to in Section 16 of the .eu Domain Name Registration Terms and Conditions.
14.2. Any terms and conditions and any dealings between the Registrar and Registrant are subject to the Laws of the Province of Ontario, Canada. In the event of any dispute, disagreement or claim between the Registrar and the Registrant, the courts in Mississauga, Ontario, Canada shall have exclusive jurisdiction.
15. Alternative Dispute Resolution ("ADR")
15.1. The Registrant accepts that ADR Procedures must be conducted before one of the providers listed at the Website of the Registry (www.eurid.eu).
15.2. The Registrant must participate in ADR Procedures if a third party (a “Complainant”), in compliance with the .eu Dispute Resolution Rules, asserts to an ADR Provider and initiates a complaint against the Registrant on the basis of speculative or abusive registration, as referred to in Articles 21 and 22(1)(a) of the Public Policy Rules.
Furthermore, the Registrant or a third party shall be entitled to initiate an ADR Procedure in accordance with the procedures laid down in the Rules if it is of the view that a decision taken by the Registry conflicts with the Regulations.
15.3. Unless otherwise agreed by the parties to an ADR Procedure or otherwise specified in the agreement between the Registrant and its Registrar, the language of the ADR Procedure shall be in the English language. Any ADR Procedure initiated against the Registry shall be conducted in the English language.
15.4. All disputes covered by this section will be governed by the .eu Dispute Resolution Rules applicable upon filing of the complaint and the selected ADR Provider's rules of procedure, as published on the Website of the Registry (www.eurid.eu).
15.5. The remedies available to a Complainant under any proceedings before an arbitrator (or panel of arbitrators) appointed by an ADR Provider are strictly limited to:
15.5.1. annulment of the challenged Registry decision, in case the ADR Procedure is initiated on the basis of Article 22(1)(b) of the Public Policy Rules; and
15.5.2. revocation or transfer of the Domain Name in case the ADR procedure is initiated on the basis of Article 21.1(a) of the Public Policy Rules.
16.1. The Terms and Conditions in this Schedule are subject to change by the Registry or the Registrar. You should review section 14 of the .eu Domain Name Registration Terms and Conditions for provisions not listed in this Schedule.
16.2. If the Registry decides to change these Terms and Conditions and/or the Registration policy, it will make the new terms available to the public by posting them on the Website of the Registry at least thirty (30) days before the new terms take effect (and upon their taking effect on the announced date, said new terms shall become the Terms and Conditions and/or the Registration Policy). Each Domain Name registration will be handled according to the Rules in effect on the date the application or request for a Domain Name registration is complete. You are recommended to periodically check the Registry's webpage for any new amendments.
Schedule C: Registry Operator Terms and Conditions applicable to all .INFO registrations:
.INFO DOMAIN NAME HOLDER ("Registrant") consents to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the Registry Operator and its designees and agents in a manner consistent with the purpose specified pursuant to the Registrar's agreement with the Registry; submits to proceedings commenced under ICANN's UDRP located at http://www.icann.org/udrp/udrp.htm. The Registrant acknowledges that Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Domain Name Registration.
Schedule D: Terms and Conditions applicable to StorkRegistry.com Corp. Email Services
The following terms and conditions of use and any amendments thereto (the "Email Terms") apply to your access to, and use of, the email and related services offered by Stork (the "Email Service"). These Email Terms may be changed in the future without further notice, and your continued use of the Email Service following any such changes constitutes your acceptance of the new terms. These Email Terms do not alter in any way the non-conflicting terms or conditions of this Agreement or any other agreement you may have with Stork for products, services or otherwise. To the extent any of the Email Terms are in conflict or inconsistent with any other term or condition of the Agreement, these Email Terms shall govern to the extent of the conflict or inconsistency.
In addition to the terms of the Stork privacy statement, you agree that Stork may access and disclose information about you or your use of the Email Service when Stork deems necessary or appropriate to comply with the law or legal process, to protect Stork's systems and customers, or to ensure the integrity and operation of Stork's business and systems. Such disclosure may include, without limitation, user profile information (e.g., name, email address, etc.), IP address and traffic information, usage history, and posted content. Stork's right to disclose any such information shall govern over any terms of Stork's privacy statement.
2. Access Restriction & Password Security
Stork reserves the right to deny in its sole discretion any user access to the Email Service or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Stork, and for any use or misuse of your account or the Email Service resulting from any third party using a password or user name issued to you.
3. No "Spamming"
You shall not use the Email Service for chain letters, junk mail, "spamming" or any use of distribution lists to any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("spam" or "spamming") is strictly prohibited by Stork. If any user uses the Email Service for spamming, Stork reserves the right to immediately terminate that user's access to the Email Service and to seek appropriate legal recourse as necessary. If any user believes that others are using the Email Service for spam, please contact Stork at abuse@StorkRegistry.com.
4. User Conduct
4.1 Stork reserves the right, but does not assume the responsibility, to monitor or review user conduct on the Email Service. Use of the Email Service is subject to all applicable local, state, provincial, federal and international laws and regulations. You agree: (1) to comply with U.S. and Canadian law regarding the transmission of technical data exported from the United States or Canada through the Email Service; (2) not to use the Email Service for illegal purposes; and (3) not to interfere or disrupt networks connected to the Email Service.
4.2 In using the service, you agree not to:
4.2.1. Harvest or otherwise collect information about others, including without limitation names and email addresses, without their consent;
4.2.2. Transmit through the Email Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
4.2.3. Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Email Service;
4.3.3. Transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, federal or international law or regulation;
4.3.4. Interfere with another User's use and enjoyment of the Email Service or another entity's use and enjoyment of similar services;
4.3.5. Advertise or offer to sell or buy any goods or services for any non-personal purpose;
4.3.6. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
4.3.7. Interfere with or disrupt networks connected to the Email Service or violate the regulations, policies or procedures of such networks;
4.3.8. Attempt to gain unauthorized access to the Email Service, other accounts, computer systems or networks connected to the Email Service, through password mining or any other means;
4.3.9. Use or attempt to use another's account, service or system without authorization from Stork, or create or use a false identity on this Email Service; or
4.3.10. Engage in any other conduct which, in Stork's sole discretion, is considered unauthorized or objectionable.
5. Proprietary Rights
5.1 You acknowledge and agree that any material, including but not limited to text, compilations, graphics, software, music, sound, photographs, video, or other material contained or distributed on or through the Email Service, by Stork, its advertisers or other third parties ("Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not use or distribute any Content received through the Email Service without the authorization of the content owner, except for your personal, non-exclusive use. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute Content available through the Email Service, including code and software, in violation of applicable copyright and other intellectual property laws.
5.2 WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE Stork SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
5.3 You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States and Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. or Canadian export restrictions.
Stork and the Stork logo are trademarks of Stork, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Stork. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Stork or its contractors or suppliers, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Stork. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Stork, or postings on this Email Service, are non-confidential and shall become the sole property of Stork. Stork shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Stork, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
8.1 You may not use, frame or utilize framing techniques to enclose any Stork trademark, logo or other proprietary information, including the images found at this Email Service, the content of any text, or the layout/design of any page or form contained on a page, without Stork's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing any Stork name, trademark, or product name without Stork's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Stork or any third party.
8.2 Stork makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Email Service, or Web sites linking to this Email Service. The linked sites are not under the control of Stork, and Stork is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Stork is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by or between Stork and any third party.
9. Third Party Content & Email Services
9.1 Stork may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Stork does not monitor, and has no control over, any Third Party Content or third party Web sites. Stork does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Stork does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content.
9.2 When leaving the Stork site, you should be aware that Stork's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Your use of these links and Third Party Content contained therein is at your sole risk.
10. Copyright Policy & Copyright Agent
10.1 Stork may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Stork may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
10.2 If you believe that Stork or any user of our site has infringed your copyright in any material way, please notify Stork, and provide the following information (the "Notice"):
10.2.1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
10.2.2. An identification of the copyrighted work claimed to have been infringed.
10.2.3. An identification of the material that you claim is infringing so that we may locate it on the Email Service.
10.2.4. Your address, telephone number, and email address.
10.2.5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
10.2.6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
However, unless ordered by a court within the Stork's jurisdiction, Stork does not have to take any action against an alleged infringement.
11. No Resale
You agree not to resell or make any commercial use of the Email Service without Stork's express written consent.
Notwithstanding any of these terms and conditions of use, Stork reserves the right, without notice and in its sole discretion, to terminate your use of this Email Service, to change or eliminate any of the services we provide, and to block or prevent future access to and use of this Email Service. If your account is terminated for violation of these Email Terms, you will not be entitled to any refunds. Should you object to these Email Terms or become dissatisfied with the Email Service in any way, your only recourse is to immediately discontinue your use of the Email Service and terminate your account.
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. The terms of this section survive any termination of the Email Terms.
14. Modification & Amendments
Stork reserves the right to amend at any time any policies governing this Email Service, including these Email Terms, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective upon posting. If you do not accept the amended terms, you should cease using this Email Service.
Schedule E: REGISTRY OPERATOR TERMS AND CONDITIONS APPLICABLE TO ALL .BIZ REGISTRATIONS
I. REGISTRATION RESTRICTIONS
1. You hereby represent and warrant that:
a) The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation.
b) You have the authority to enter into the registration agreement; and
c) The registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.
2. For the purposes of the .biz Registration Restrictions, “bona fide business or commercial use” shall mean the bona fide use of bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, the permit Internet users to access one or more host computers through the DNS:
1. To exchange goods, services, or property of any kind;
2. In the opportunity course of trade or business; or
3. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.
3. Registering a domain name solely for the purpose of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a “bona fide business or commercial use” of that domain name.
4. For illustration purposes, the following shall not constitute a “bona fide business or commercial use” of a domain name:
1. Using or intending to use the domain name exclusively for personal, noncommercial purposes; or
2. Using or intending to use the domain name exclusively for the expression of noncommercial ideas (i.e., registering abcsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose); or
3. Using the domain name for the submission of unsolicited bulk e-mail, phishing, pharming or other abusive or fraudulent purposes
II. DISPUTE RESOLUTION
1. You acknowledge having read and understood and agree 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 Resolution Policy, currently available at http://www.icann.org/udrp/udrp/htm; and
(ii) The Restrictions Dispute Resolution Criteria and Rules, currently available at http://www.neustar-registry.biz/?q=node/51.
Schedule F: TERMS AND CONDITIONS APPLICABLE TO STORKREGISTRY.COM PRIVACY SERVICE
1. Stork has introduced a "Privacy" service to address issues of domain name privacy through the services of LogicBoxes. By using the Services and/or website of LogicBoxes, You agree to all the terms and conditions set forth both herein and in the LogicBoxes Terms and Conditions, which is incorporated by reference. You acknowledge that LogicBoxes may amend this Agreement at any time upon posting the amended terms on its website, and that any new, different or additional features changing the services provided by LogicBoxes will automatically be subject to this Agreement. If You do not agree to be bound by, or if You object to, the terms and conditions of this Agreement and any amendments hereto, do not use or access LogicBoxes’s services. Continued use of LogicBoxes's services and its website after any such changes to this Agreement have been posted, constitutes Your acceptance of those changes.
When the Privacy service is enabled, a WHOIS query will show our given information (please note that even with the Privacy service enabled, your registrant name, administrative contact, technical contact and if applicable, billing contact will still be visible).
2. Good Faith. By enabling the Privacy service, you agree to use the domain name and associated websites in good faith. Without limiting the generality of the foregoing, you will not use the Privacy services for purposes of engaging in, participating in, sponsoring or hiding your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (a) appeal primarily to prurient interests; (b) defame, embarrass, harm, abuse, threaten, or harass; (c) violate state or federal laws of Canada and/or foreign territories; (d) involve hate crimes, terrorism or child pornography; (e) are tortious, vulgar, obscene, invasive of a third party's privacy, race, ethnicity, or are otherwise objectionable; (f) impersonate the identity of a third party; (g) harm minors in any way; or (h) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information. Any alleged misconduct in connection with your use of the domain name and/or the associated website in contravention of this Section 2 will be cause for termination of the Privacy service in accordance with Section 4 below.
3. Term of Service. Unless otherwise specified, and subject to earlier termination as contemplated by Section 2 and Section 4, the Privacy service will initially be activated for a one-year term. At the end of such one-year term, and at the end of each subsequent one-year term thereafter, the Privacy service will automatically renew for consecutive one-year terms at then current rates, unless you request cancellation of the Privacy service by notifying Stork at least thirty (30) days before the end of the then-current term. You acknowledge and agree that in connection with any automatic renewal Stork will attempt to charge the credit card you have on file at the then current rates, and you waive any requirement to obtain your ongoing affirmative consent to any such automatic renewal. It is your responsibility to keep your credit card information current and accurate, including the expiration date. If Stork is unable to collect renewal or other fees, you agree that Stork may contact you, but is not obliged to do so, and you agree that Stork may suspend or terminate the Privacy service as a result of inability to obtain payment. FEES WILL NOT BE PRO RATED OR OTHERWISE REFUNDED IF THE PRIVACY SERVICE IS CANCELLED OR OTHERWISE TERMINATED BEFORE THE END OF THE THEN-CURRENT TERM. Without limiting the generality of the foregoing, you understand that the Privacy services term may be different than the registration term of a domain which is associated with the Privacy services. If a domain expires and is deleted before the end of the term of the associated Privacy services, then the Privacy services associated with the domain will end when the domain is deleted and you understand that there will be no refund for any resulting unused portion of a Privacy services term.
4. Disclosure and Termination. You agree that in the event:
(a) Stork or its parent, subsidiary or affiliated companies, or their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors or assigns is threatened, receives a complaint, notice of action or any demand from a third party with respect to a domain name and/or associated websites for which the Privacy service is activated, or
(b) there is alleged infringement, abuse or misuse of, or activity of any nature that could result in loss or legal liability (civil or criminal) to Stork or its parent, subsidiary or affiliated companies, or their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors or assigns with respect to a domain name and/or associated websites for which the Privacy service is activated, or
(c) you are not, in Stork's opinion, using the Privacy service in good faith as required by Section 2,
you have provided us with your prior consent to disable the Privacy service and to disclose your technical and administrative contact information to any complainant or third party requesting such information and to make such information publicly available for a WHOIS query. You agree that no further prior authorization or approval from you or your agent is necessary for such disclosure. You understand and agree that StorkRegistry.com is under no obligation to provide the Privacy service to you, and that StorkRegistry.com may, in its sole discretion, for any reason or no reason, disable the Privacy service without notice or warning, either with respect to a specific domain name(s) or with respect to all domain names in your account (even if “customer” level Privacy service has been selected). YOU WILL NOT BE ENTITLED TO ANY FEE REFUND AS A RESULT OF DISCLOSURE OF YOUR ADMINISTRATIVE OR TECHNICAL CONTACT INFORMATION AND/OR TERMINATION OF THE PRIVACY SERVICE AS CONTEMPLATED BY SECTION 3 OR 4 HEREOF.
Without limiting the generality of the foregoing, Stork shall be entitled to suspend access or service to your account in order to disable the Privacy service.
5. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, Stork, ITS PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, AFFILIATES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE PRIVACY SERVICE, OR THE DISCLOSURE OF YOUR ADMINISTRATIVE OR TECHNICAL CONTACT INFORMATION AND/OR TERMINATION OF THE PRIVACY SERVICE AS CONTEMPLATED BY SECTION 3 OR 4 HEREOF. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
6. Indemnity, etc. You understand and agree that the release, indemnity and other obligations in favour of Stork and certain other persons in Section 14 of the Main Terms and Conditions apply to your use of the Privacy service.
7. Accurate Information. As a condition of your use of the Privacy service, you agree to: (a) provide current, complete and accurate information about you as required by the domain name application and registration process; (b) maintain and update such information as needed to keep it current, complete and accurate; and (b) respond within five (5) calendar days to a request by us to update or confirm the accuracy of your information. We rely on this information to carry out our service for you and comply with the requirements of registries of domain names and to send you important information and notices regarding your account and our services. Any failure by you to provide or update such information or to respond to our request is a material breach of this Agreement.
8. Forwarded Information. You agree that Stork may review communications sent to the email address associated with your Privacy service enabled domain. For communications received via certified or traceable courier mail (such as UPS or FedEx), or postal mail which does not appear to be unsolicited commercial mail, Stork will make commercially reasonable efforts to either (a) forward such communication to you or (b) attempt to communicate to you a scanned copy of a page of the communication to ascertain whether you wish to receive the full communication. You specifically acknowledge that Stork may elect to not forward to you (nor to otherwise communicate with you) regarding postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications (e.g., communications which offer or advertise the sale of goods or services or which solicit charitable contributions). You authorize Stork to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded to you by Stork, including failures which arise from Stork's mistake in judging whether a communication appears to be an unsolicited communication. You agree that you will reimburse Stork for any reasonable fees for administrative tasks outside the scope of regular services incurred as a result of your use of the Privacy service. These may include, but are not limited to, Customer Support issues that require personal service and disputes that require legal services.
9. In the event this Agreement or Schedule expires or terminates, Sections 4, 5, 6 and 8 of this Schedule shall survive such expiration or termination.
Schedule G: Terms and Conditions Applicable to the High Security Service
1. StorkRegistry.com has introduced a "High Security" service to address issues of domain name security. The High Security service is provided to you as a courtesy and helps to prevent domains you have registered from being unintentionally transferred, deleted, or expired. Unless you inform Stork that you do not want this service, you will be automatically enrolled for StorkRegistry.com's High Security service. The High Security service includes "Registrar Lock" and "Auto-renewal", described below. StorkRegistry.com may introduce additional security features in the future.
2. Registrar Lock
When High Security is enabled for a domain name, you are preventing registrars, other than StorkRegistry.com, to transfer or modify your domain name. If you choose to transfer a domain to another registrar, you must log into your account and remove the lock prior to our receipt of the transfer request from the gaining registrar. This service is being provided as a convenience to you but in no way guarantees that a domain name will not be maliciously transferred to another registrar or registrant, due to technical and policy weaknesses in the worldwide domain name system or by StorkRegistry.com's error. StorkRegistry.com will, however, use commercially reasonable efforts in stopping any such transfer without your express consent. Please note that not all registries support the concept of a Registrar Lock in which case, High Security will not include a Registrar Lock.
3.1 When High Security is enabled for a domain, StorkRegistry.com will attempt to renew the registration of a domain approximately 75 days prior to its expiry date. The renewal is for a one-year term and extends the existing registration period. For example, if the expiry date for your domain name is September 1, 2003, the new expiry date will be September 1, 2004. When High Security is enabled, you have authorized and consented to StorkRegistry.com to automatically charge your credit card the then-current retail price for such one-year renewal. The automatic renewal service is provided as a convenience for you but in no way guarantees a desired renewal. It is your obligation to affirmatively renew any desired domain. In addition, StorkRegistry.com has no obligation to attempt to renew your domain if your most recent credit card on file with us for your account is not accepted according to StorkRegistry.com's payment processing systems. After your domains have been successfully renewed, you will receive a confirmation email. Note: The Auto-renewal process requires a valid credit card to be kept on file in your account. You will be notified if the Auto-renewal transaction is declined for any reason.
3.2 If you do not choose to have the High Security service as part of your Subscription Service, you must contact Customer Support by logging into your StorkRegistry.com account at http://www.StorkRegistry.com and disabling the High Security feature on those domains you choose not to protect. Your failure to expressly opt out of the High Security service constitutes your authorization and consent for StorkRegistry.com to enable Registrar-Lock and Auto-renewal, and attempt to automatically charge your credit card the then-current retail price for such renewal.
3.3 You are solely responsible for the credit card and billing contact information you provide to StorkRegistry.com and you acknowledge and agree that you will promptly inform StorkRegistry.com of any changes thereto (e.g., change of expiration date or account number).
3.4 You are solely responsible for ensuring the security of your domains. StorkRegistry.com CORP. WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE HIGH SECURITY FEATURES, INCLUDING ATTEMPTED OR SUCCESSFUL TRANSFERS OF DOMAINS EVEN THOUGH THE HIGH SECURITY SERVICE IN ENABLED, OR RENEWAL OR ANY ATTEMPT TO RENEW DOMAINS AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN TRANSFERS, RENEWING OR ATTEMPTING TO RENEW THE DOMAINS. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
3.5 You understand and agree that the release, indemnity and other obligations in favour of Stork and certain other persons in Section 14 of the Main Terms and Conditions apply to your use of the High Security feature.