- Registrant assumes all responsibility and liability arising out of any assignment by Registrant of the Registered Name, including, without limitation, with respect to any users, clients, customers, licensees or other persons who may be using any sub-domain of the Registered Name or any website associated with the Registered Name.
- Neither Registrar’s acceptance of the Registrant’s registration request nor the actual registration of any Registered Domain will be deemed an indication that Registry Operator, Registrar or ICANN has made any determination regarding the legality of the registration, the extent to which Registrant’s registration and exclusive right of use and enjoyment of the Registered Name may violate any applicable laws or infringe on the rights of any other person or entity, and neither Registry Operator, Registrar, nor ICANN will have any liability or responsibility arising therefrom.
- Registrant will be the only person authorized to:
- transfer the registration for any Registered Name;
- update or change any information related to the registration (though the designated technical contact will be authorized and able to change the date related to DNS servers); or
- request the permanent cancelation of the registration of a Registered Name.
- Registrant represents and warrants that Registrant has read, understands and agrees to be bound by the following ICANN policies, as they may be modified, supplemented, amended, or replaced from time to time, all of which are hereby incorporated into and made an integral part of this Agreement:
The Uniform Domain Name Dispute Resolution Policy, available at https://www.icann.org/resources/pages/help/dndr/udrp-en;
The Uniform Rapid Suspension Procedure and Rules, available at https://www.icann.org/resources/pages/urs-2014-01-09-en; and
The Transfer Dispute Resolution Policy, available at https://www.icann.org/resources/pages/tdrp-2012-02-25-en.
- Registrant of any letter/letter two-character ASCII label domain name represents and warrants that such Registrant will take steps to ensure against misrepresenting or falsely implying that Registrant or its business is affiliated with any government or country-code manager if such affiliation, sponsorship or endorsement does not exist.
- Registry Operator reserves the right to deny, cancel, place on registry-lock or hold, transfer or take ownership of (temporarily or permanently) any Registered Name that it deems necessary, in its discretion:
- to protect the security, integrity or stability of the .Health TLD, the Registry System, the Registry Database, and/or the Internet;
- to comply with any applicable Laws or any requirements and/or requests of Law enforcement authorities, in compliance with any dispute resolution process or otherwise;
- to avoid, eliminate, mitigate or reduce any loss, damage, liability, or expense (civil or criminal), of Registry Operator, its Affiliates, and/or their respective owners, officers, directors, managers, employees, agents, contractors, service providers, suppliers and representatives;
- for violations of this Agreement;
- to protect the safety and security of any Registrant or user;
- to correct mistakes made by Registry Operator, Registrar, or any other registrar in connection with a domain name registration; and/or
- to ensure compliance with ICANN Requirements and/or Registry Operator Policies.
Registry Operator also reserves the right to (i) lock or place on hold a domain name during resolution of a dispute between third parties, and (ii) take immediate action to remove orphan glue records (as defined at http://www.icann.org/en/committees/security/sac048.pdf) when provided with evidence in written form that such records are present in connection with malicious conduct.
- Registrant agrees to (within 30 days of demand) indemnify, defend and hold harmless Registry Operator, Registrar and their respective affiliates, successors and assigns, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers, and agents (and all of their successors and assigns) from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), whether known or unknown, fixed or contingent, arising out of or relating in any way to the Registrant’s domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. The Registrant may not enter into any settlement or compromise of any such indemnifiable claim without the Registrar’s prior written consent, which consent must not be unreasonably withheld. This indemnification obligation will survive the termination or expiration of the Registration Agreement for any reason.
Registry Operator imposes the following obligations upon resellers of Registry Operator’s domain names:
- the Reseller shall comply with all of the terms and conditions of the Registry – Registrar Agreement and all of Registrar’s covenants, obligations, representations and warranties as set forth in the Registry – Registrar Agreement.
- Reseller agrees to indemnify, defend and hold harmless Registry Operator and its affiliates, successors and assigns, as well as their respective owners, directors, managers, officers, employees, representatives, agents, service providers and contractors (and all of their successors and assigns) from and against any and all claims, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses (including on appeal), arising out of or relating to:
- any claim or alleged claim relating to any product or service of such Reseller;
- any claim or alleged claim relating to any agreement with any Registrant that registers a Registered Name through such Reseller;
- any claim or alleged claim relating to such Reseller’s domain name registration business or other activities, including, but not limited to, such Reseller’s advertising, domain name application process, systems and other processes, fees charged, billing practices and customer service; and/or
- any breach by such Reseller of any of the terms, conditions, covenants, obligations, agreements, representations or warranties set forth in this Agreement.
Reseller may not enter into any settlement or compromise of any claim subject to indemnification as provided above without Registry Operator’s prior written consent, which consent will not be unreasonably withheld. This indemnification obligation will survive any termination or expiration of the Reseller Agreement and/or this Agreement.