Register U
Terms Of Service
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This Registration Agreement sets forth the terms and conditions
agreed to between you and your company (also referred to as
"member"), and RegisterU. An Irish based Limited Liability
Company T/A Nua Soft Web Services Ltd. (also referred to as "we"
or "us"), relating to the registration and reselling Top
Level Domain names "TLDs".
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No Guarantee of Registration or Renewal
By using
our domain registration facilities, you agree that RegisterU cannot
guarantee you will be able to register or renew any specific domain
name, even if your inquiry indicates that domain name is available.
Even if a domain name appears to be available, you acknowledge that
RegisterU cannot know with certainty whether or not another party is
simultaneously seeking the domain name you are seeking to register,
or whether there are any inaccuracies or errors in the domain name
registration or renewal process or in the WHOis and other databases.
You also agree that RegisterU may elect to accept or reject your
application for registration or renewal for any reason at its sole
discretion. Such rejection may include, but is not limited to,
rejection due to a request for registration or renewal of a
prohibited domain name. You also agree that RegisterU is not liable
or responsible in any way for any omissions, errors or any other
actions by any registry administrator arising out of or related to
your application for and registration of, renewal of, or failure to
register or renew a particular domain name. You also agree to
indemnify, defend and hold harmless the applicable registry
administrator and its officers, directors, employees, and agents
from and against any and all claims, damages, liabilities, expenses,
and costs (including reasonable legal fees and expenses) arising out
of, or related to, your submission for and registration, renewal, or
failure to register or renew a particular domain name or names
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After Expiration of The Term of Domain Name Registration
You agree that we may, but are not obligated to, allow you to
renew your domain name registration services after the domain name
expiration date has passed. You agree that after the expiration date
of the domain name registration and before it is deleted or renewed,
we may direct the domain name to an IP address designated by us,
including, without limitation, to an IP address which hosts a
parking, under construction or other temporary page that may include
promotions and advertisements for, and links to, RegisterU's Web
site, RegisterU product and service offerings, third-party Web
sites, 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 expired domain name.
For
a period of approximately 14 days after expiration of the term of
domain name registration services, you acknowledge that we may
provide a procedure by which expired domain name registration
services may be renewed. You acknowledge and agree that we may, but
are not obligated to, offer this process, called the "renewal
grace period." You acknowledge that you assume all risks and
all consequences if you wait until close to or after the expiration
of the original term of domain name registration services to attempt
to renew the domain name registration services. You acknowledge that
we, for any reason and in our sole discretion, may choose not to
offer a renewal grace period and that we shall not be liable
therefore.
Should you not renew the domain name registration
services during the renewal grace period, you agree that unless you
notify us to the contrary we may, in our sole discretion, renew and
transfer the domain name registration services to RegisterU or a
third party on your behalf (such a transaction is hereinafter
referred to as an "Expired Domain Transfer"), and your
failure to so notify us after the domain name expiration date shall
constitute your consent to such an Expired Domain Transfer.
You
acknowledge and agree that the Expired Domain Transfer process may
be facilitated through a single Expired Domain Transfer Customer, or
through a brief auction involving multiple parties who are
interested in the domain name. We cannot guarantee, and we make no
representation or promise, that any Expired Domain Transfer will
occur with respect to any particular domain name. You acknowledge
that we do not have to pay you any of the proceeds, if any, we may
earn as a result. You also agree that in the event your domain name
services are terminated by us pursuant to this Agreement, we may
transfer your domain name registration to RegisterU or a third
party, without any liability to you or obligation to compensate you
in connection therewith.
In the event that your domain name
registration is deleted, you acknowledge that certain registry
administrators may provide procedures by which deleted domain names
may nonetheless be renewed. You acknowledge and agree that we may,
but are not obligated to, participate in this process, typically
called the "Redemption Grace Period" ("RGP").
You acknowledge that we, for any reason and in our sole discretion,
may choose not to participate in the RGP process with respect to any
or all of your domain names and that we shall not be liable
therefore. The typical RGP fee is $120 plus any registration fees.
You agree that we are not obliged to contact you to alert you that
the domain name registration services are being discontinued.
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Term & Registration Period.
The term of this
Agreement will continue to be in force during the time in which you
have any TLD name registered through us. At your discretion, we will
register each TLD name for a period of one (1) to ten (10) years for
.com, .net and .org.
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Overview of Dispute Policy.
By using our domain
registration facilities, you agree to be bound by our Uniform
Domain Name Dispute Resolution Policy. This dispute policy is
incorporated into this Agreement by reference. Any disputes
regarding the right to use your TLD name will be subject to the
Uniform Domain Name Dispute Resolution Policy (the Dispute Policy).
RegisterU may modify the Dispute Policy at our sole discretion at
any time in accordance with the ICANN Agreement or any
ICANN/Registry Policy. Your continued use of our registration
services after modification to the Dispute Policy effectively
constitutes your acceptance of those modifications. If you do not
agree to such a modification, you may request that your TLD name be
cancelled or transferred to another registrar. You agree that you
will be subject to the provisions specified in the Dispute Policy in
effect at the time your TLD name is challenged by a third party.
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Your full name, postal address,
e-mail address, voice telephone number, and fax number if available;
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The name of an authorized person
for contact purposes in the case of a registrant that is an
organization, association, or corporation;
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The IP addresses of the primary
nameserver and any secondary nameserver(s) for the TLD name;
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The corresponding names of those
nameservers;
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The full name, postal address,
e-mail address, voice telephone number, and fax number if available
of the technical contact for the TLD name;
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The full name, postal address,
e-mail address, voice telephone number, and fax number if available
of the administrative contact for the TLD name;
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The name, postal address, e-mail
address, voice telephone number, and fax number if available of the
billing contact for the TLD name; and
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Any remark concerning the registered TLD name that should
appear in the WHOIS directory.
You agree to update this information to keep it current,
complete and accurate. You also agree and understand that the
foregoing registration data will be publicly available and accessible
on the WHOIS directory as required by ICANN/Registry Policy and may
be sold in bulk in accordance with the ICANN Agreement.
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OBLIGATIONS OF THE MEMBER
As part of the
registration of top-level domain names, the Member shall submit all
data required on the www.RegisterU.eu website.
The Member
agrees to develop and implement all necessary technology and
restrictions to ensure that its connection to the RegisterU, and all
transmissions are secured. Each such transmission shall be
authenticated and every connection with the RegisterU will be done
by using Member password, which it shall disclose only to its
employees on a need to know basis and shall notify RegisterU within
four hours of learning that its key or password has been compromised
in any way.
The Member shall employ all necessary employees,
contractors, or agents with sufficient technical training and
expertise to respond to and fix all technical problems concerning
the use of the RegisterU or its Software in conjunction with its
systems.
The Member agrees that in the event of unexpected
technical difficulties, or at any time deemed necessary by
RegisterU, RegisterU may in its sole discretion; temporarily suspend
access to Member to www.RegisterU.eu
Inaccurate or
Unreliable Data.
If member deliberately provides inaccurate
or unreliable information, or fails to promptly update necessary
information, or fails to respond to our email inquiries within five
calendar days, such actions shall constitute a breach of this
Agreement.
Privacy Policy
All personal data
collected by us will be used in connection with the registration of
your TLD name(s), for the purposes of this Agreement and as required
or permitted by the ICANN RegisterU Privacy Statement Information.
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RegisterU knows the importance of keeping your information
private. By using our domain registration facilities, you agree to
accept the guidelines described herein.
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Information collected by RegisterU.
Here
are the types of information we gather from RegisterU's visitors:
Information entered on our website or given to us in any way are
collected and stored in our system. Internet Corporation for
Assigned Names and Numbers ("ICANN"), an organization that
assumes responsible for domain name allocation, requires information
about you during the domain name registration process. The
information includes: name, address, phone number, email address and
fax. When you register a domain name with RegisterU, we require you
to provide credit card number and billing address. Financial
information such as the above is collected during the domain name
registration process.
How the information is shared:
It is required by ICANN that your name, address, phone number,
email address and fax together with the creation and expiration
dates of your domain name registration and the nameserver
information associated with your domain name, be made available to
the public via an interactive Web page and a "port 43"
WHOIS service. Please note that RegisterU may not be able to control
how members of the public may use the WHOIS information.
Sites
Other than RegisterU
RegisterU will not be responsible for
content or privacy policies of other Web Sites such as advertisers
we may link to or those that link to our site. This Privacy
Statement is only responsible for the information collected on
RegisterU's site.
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License of TLD Names.
When you license use of a
TLD name to a third party, you remain the holder of record, and you
acknowledge that you remain responsible for providing and updating
your own full contact information and for providing and updating
accurate technical, administrative, and billing contact and other
information in accordance with this Agreement.
You shall
accept liability for harm caused by misuse of a TLD name you have
licensed to a third party, unless you quickly disclose the identity
of the licensee to a party providing you reasonable evidence of
actionable harm.
Change of TLD Holder Procedure.
If
you transfer any TLD name, you agree to abide by the policies and
procedures relating to the transfer of TLD names as may be adopted
by us and modified by us from time to time. These policies may
require, among other things, the submission of hard-copy records of
transfer of ownership, the submission of information concerning the
transferor and transferee and the transfer, including but not
limited to the information respect to the transferee, and may impose
reasonable information collection and record keeping obligations on
you. Such policy and procedure may require you upon such transfer to
relinquish all control over the TLD name transferred.
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Policies Regarding Use of Our
Services.
Suspension, Cancellation or Transfer of TLD Name.
You
agree that your eligibility to use RegisterU's registration services
is subject to termination or suspension, and your ability to
register or modify any particular TLD name is subject to suspension,
cancellation, or transfer:
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At any time pursuant to any
ICANN/Registry Policy now in effect or hereafter adopted,
- To correct mistakes by us, another
accredited registrar or the Registry in registering TLD name(s),
including but not limited to the correction of erroneous or
inadvertent deletions of TLD names, or in connection with the
resolution of disputes in accordance with the Dispute Policy, or
- In the event of any breach of any representation, warranty,
agreement or other provision of this Agreement, upon e-mail notice
of such breach and the expiration of a fifteen (15) calendar day
cure period.
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Use of Agents.
You agree that, if your agent (e.g., an
Internet Service Provider, employee, etc.) purchased our service(s)
on your behalf, you are nonetheless bound as a principal by all
terms and conditions herein, including the Dispute Policy. Your
continued use of our services shall ratify any unauthorized actions
of your agent. By acting on your behalf, your agent certifies that
he, she or it is authorized to apply for our services on your
behalf, that he, she or it is authorized to bind you to the terms
and conditions of this Agreement and that he, she or it 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 fees paid by you or your agent on your behalf for any reason,
including, but not limited to, in the event that your agent fails to
comply with the terms and conditions of this Agreement, your agent
incorrectly provides information in the application process or if
your agent changes or otherwise modifies your TLD name record
incorrectly.
TLD Name Transfers Between Sponsoring
Registrars.
You agree that you may change sponsoring registrars
for any existing TLD name only in accordance with ICANN/Registry
Policy and further agree that you may not change sponsoring
registrars with respect to any TLD name for a period of sixty (60)
calendar days after registration of such TLD name with us. In
connection with any transfer by you of TLD name(s) from one
registrar (the "Former Registrar") to us:
You
represent and warrant that:
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You are either the TLD Holder, the
administrative contact or the technical contact with respect to the
TLD name(s) being transferred; and
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If transferring a TLD and on behalf of a Customer, you have
been granted the authority by such Customer to affect each such
transfer.
To initiate a transfer of sponsoring registrars from a Former
Registrar to us, you shall notify us of the TLD name(s) you wish to
transfer to us and we will, upon receipt of such transfer request,
forward to you a Confirmation of Transfer. You agree to confirm the
accuracy of the Confirmation of Transfer and assent to the
Confirmation of Transfer before being permitted to continue.
We
will affect the proposed transfer of sponsoring registrars from the
Former Registrar only after the following conditions have been met:
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We have received evidence of your
assent to the Confirmation of Transfer and all transfer fees
associated with the transfer(s) have been paid in full; and
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If the transfer involves a TLD name held by a TLD Holder
other than you and we have notified such TLD Holder via the
Administrative Contact of the proposed transfer and provided such
Administrative Contact with a period of time to confirm or object to
such transfer, not to exceed 10 business days, such waiting period
shall have expired or the express consent of such Administrative
Contact shall have been obtained.
You agree and understand that we will affect the registration
using the registration data on file with the Former Registrar
immediately prior to transfer, and understand that we may, at our
discretion, limit your ability to make post-transfer changes to
registration data for a reasonable period of time following transfer,
not to exceed 15 business days.
9.5. When we make a request
to the Former Registrar (via the Registry) to transfer a TLD name
registration to us from the Former Registrar, you agree to pay us the
applicable fee(s) as then in effect with respect to such transfer and
agree to comply with the Verisign Change in Registrar Policy.
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LIMITATION OF LIABILITY; DISCLAIMER OF
WARRANTIES.
LIMITATION OF LIABILITY. YOU AGREE THAT WE
WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY
OCCUR DUE TO (a) ANY ACT OR OMISSION OF YOU OR YOUR AGENT (WHETHER
AUTHORIZED OR UNATHORIZED) (a) ANY LOSS OF REGISTRATION OF ANY TLD
NAME, (b) THE USE OF YOUR TLD NAME OR PASSWORD, (c) ACCESS DELAYS OR
ACCESS INTERRUPTIONS TO OUR REGISTRATION SYSTEM; (d) THE
NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND US; (e) EVENTS
BEYOND OUR CONTROL; (f) THE PROCESSING OF ANY TLD NAME REGISTRATION;
(g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH
YOUR TLD NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES
HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, WE
WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR REGISTRATION
OF THE TLD NAME IN CONTROVERSY DURING THE PRIOR ONE (1) YEAR PERIOD.
TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, OUR LIABILITY
IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
DISCLAIMER
OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL
CONTENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN OUR SOFTWARE OR WEBSITE WILL MEET
YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SOFTWARE OR WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE
OR WEBSITE WILL BE CORRECTED. WE DO NOT WARRANT NOR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR SOFTWARE OR
WEBSITE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE.
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Indemnity.
You agree to defend, indemnify and hold
us harmless and any applicable TLD name registry, including
RegisterU, , and the shareholders, directors, officers, employees,
affiliates and agents of us and them, from and against any loss,
damages or costs, including reasonable attorneys' fees, resulting
from any claim, action, proceeding, suit or demand arising out of or
related to:
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Any TLD name registered by you or
the transfer or use thereof,
- Any dispute concerning a TLD name,
- Your breach (or the breach by any
of your officers, agents, employees or other representatives) of any
agreement contained in this Agreement, or
- Any cancellation, suspension (e.g. registrar lock or hold) or
transfer of any TLD name in accordance with this Agreement.
This indemnification is in addition to any indemnification
required under the Dispute Policy.
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Representations and Warranties.
You represent and
warrant that all information provided by you in connection with your
registration is complete and accurate. You represent and warrant
each time you register a TLD name that, to the best of your
knowledge and belief, neither the registration of the TLD name nor
the manner in which it is directly or indirectly used infringes the
legal rights of a third party. In applying for a TLD name, you
represent and warrant that the registration is not made in bad faith
and that the name does not conflict with another TLD name. We make
no representation or warranties of any kind in connection with this
Agreement. Specifically but without limitation, we do not represent
or warrant that registration of your TLD name will immunize you from
challenges to your TLD name. We are not bound by nor should you rely
on any representation or warranty made by any agent, representative
or employee of any third party that you may use to apply for our
services.
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Breach and Revocation; Notice of Cancellation, Etc.
Except
as otherwise specified in this Agreement, any breach by you of this
Agreement or the Dispute Policy must be remedied by you within five
(5) business days following e-mail notice by us to you. Such notice
shall be deemed delivered when sent to the e-mail address then on
record for your administrative contact in the WHOIS directory. If
you fail to cure the breach within such cure period, we may
terminate this Agreement, cancel your registration of the TLD
name(s), transfer such TLD names to another person or entity and/or
seek any remedy available at law or in equity including but not
limited to obtaining an injunction or specific performance. Our
remedies shall not be deemed exclusive and affecting any one or more
of the foregoing remedies shall not be deemed an election of
remedies. Except as otherwise specified in this Agreement, notice of
revocations, suspensions, transfers, or cancellations of your TLD
name(s) by us pursuant to this section will be provided to you
within five (5) business days following the taking of such action.
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Cancellation During Preliminary 30 Day Period; Right of
Refusal to Register.
Pursuant to ICANN Registry Policy, we
reserve the right to refuse to register any TLD name(s), or to
cancel, transfer or suspend any TLD name(s) registered with us
within the first thirty (30) calendar days following receipt of your
payment for such registration(s). In the event we do not register a
TLD name or we cancel or transfer a TLD name within such thirty (30)
calendar day period, we agree to refund any applicable fee(s) with
respect to such TLD name that you have paid to us. You agree that we
shall not be liable to you for loss or damages that may result from
our refusal to register any TLD name(s) or the cancellation or
transfer of any TLD name(s).
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Governing Law; Jurisdiction; Waiver of Trial by Jury.
THIS
AGREEMENT AND ALL RIGHTS HEREUNDER SHALL BE GOVERNED BY THE INTERNAL
LAWS OF IRELAND, WITHOUT REGARD TO SUCH STATE'S POLICIES RELATING TO
CONFLICT OF LAWS. ANY ACTION RELATING TO OR ARISING OUT OF THIS
AGREEMENT OR TO YOUR OR YOUR AGENT'S USE OF OUR SERVICES SHALL BE
BROUGHT EXCLUSIVELY IN THE COURTS OF DUBLIN, IRELAND FOR THE
ADJUDICATION OF DISPUTES CONCERNING OR ARISING FROM THIS AGREEMENT
OR THE USE OF ANY TLD NAME(S), YOU AGREE TO SUBMIT, WITHOUT
PREJUDICE TO OTHER POTENTIALLY APPLICABLE JURISDICTIONS, TO THE
JURISDICTION OF THE COURTS (I) OF YOUR DOMICILE, AND (II) IRELAND.
YOU WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH PROCEEDING.
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Notices.
Except as otherwise specifically stated
herein, you agree that all notices from us to you shall be delivered
by posting such notices on our website and shall be deemed delivered
and effective fifteen (15) calendar days after such posting. Notices
from you to us shall be by e-mail to our appropriate e-mail address
as specified on our website, and shall be deemed delivered when
received by e-mail. The foregoing notwithstanding, you understand
and agree that any e-mails received by us from any e-mail address
provided to us or set forth as a contact address (whether billing,
technical or administrative) with respect to your TLD name shall be
deemed to have been sent by you or your duly authorized agent having
the actual and apparent authority to act to bind you. We intend to
rely on any such correspondence.
General.
This
Agreement, our fee schedule and the Dispute Policy, together with
all amendments or modifications to any of them, constitute the
complete and exclusive agreement between you and us, and supersede
and govern all prior or concurrent proposals, agreements, or other
communications. Nothing contained in this Agreement shall be
construed as creating any agency, partnership, or other form of
joint enterprise between you and us. Our failure to require your
performance of any provision hereof shall not affect the right to
require such performance thereafter; nor shall the waiver by us of a
breach of any provision hereof be taken or held to be a waiver of
the provision itself. In the event that any provision of this
Agreement is deemed unenforceable or invalid, such unenforceability
or invalidity shall not affect the remainder of this Agreement, but
such provision shall be automatically amended and replaced with a
provision that is valid and enforceable and which achieves, to the
extent possible, our original objectives and intent as reflected in
the original provision. No provision of this Agreement, including
our fee schedule and the Dispute Policy, may be amended or modified
by you except by means of a written document signed by us. We may
modify this Agreement at any time by posting such modification(s) on
our website. Such modifications will become effective 15 calendar
days after posting. Your continued use of our registration services
after such modification(s) become(s) effective constitutes your
acceptance of those modifications. If you do not agree to such a
modification, you may request that your TLD name(s) be cancelled or
transferred to another registrar. This Agreement shall not confer
any benefits upon any person or entity other than you and RegisterU,
and shall not be construed to create any obligation by RegisterU to
any non-party
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