Contrato de Registro de Nombre de
Dominio .INFO
SCHEDULE A
Form of Registration Agreement
1. AGREEMENT. In this Registration Agreement
("Agreement") "you" and "your"
refer to the registrant of each domain name registration,
"we", us" and "our" refer to
and PABLUS CORP.Services refers to the domain
name registration provided by us as offered through (RSP).
This Agreement explains our obligations to you, and explains
your obligations to us for various Services. If you are registering
your name during the finite period of time when owners of
trademarks and service marks issued prior to October 2, 2000
and having national effect will have the exclusive opportunity
to register identical domain names (Sunrise Period),
you agree to comply with the procedures, terms and obligations.
You acknowledge and agree that registrations for domain names
during the Sunrise Period will only be accepted for a minimum
registration term of five (5) years.
2. SELECTION OF A DOMAIN NAME. You represent
that, to the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in which
it is directly or indirectly to be used infringes upon the
legal rights of a third party and, further, that the domain
name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever.
3. FEES. As consideration for the Services you
have selected, you agree to pay the RSP the applicable service
fees. All fees payable hereunder are non-refundable. As further
consideration for the Services, you agree to: (1) provide
certain current, complete and accurate information about you
as required by the registration process and (2) maintain and
update this information as needed to keep it current, complete
and accurate. All such information shall be referred to as
account information ("Account Information"). By
submitting this Agreement, you represent that the statements
in your Application are true, complete and accurate.
4. TERM. This Agreement shall remain in full
force during the length of the term of your domain name registration(s)
as selected, recorded, and paid for upon registration of the
domain name. Should you choose to renew or otherwise lengthen
the term of your domain name registration, then the term of
this Registration Agreement shall be extended accordingly.
Should the domain name be transferred to another Registrar,
the terms and conditions of this contract shall cease.
5. MODIFICATIONS TO AGREEMENT. You agree that
we may: (1) revise the terms and conditions of this Agreement;
and (2) change the services provided under this Agreement.
You agree to be bound by any such revision or change will
which shall be effective immediately upon posting on our web
site or upon notification to you by e-mail or your countrys
postal service pursuant to the Notices section of this Agreement.
You agree to review this Agreement as posted on our web site
periodically to maintain an awareness of any and all such
revisions. If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing
us with notice by e-mail or postal service pursuant to the
Notices section of this Agreement. Notice of your termination
shall be effective after processing by us. You agree that,
by continuing the use of Services following notice of any
revision to this Agreement or change in service(s), you shall
be bound by any such revisions and changes. If you have registered
your name during the Sunrise Period, you agree to be bound
by the Sunrise Dispute Resolution Policy (Sunrise Dispute
Policy) found at (http://www.afilias.com/faq/sunrise-challenge.html).
You further agree to be bound by the ICANN Uniform Dispute
Resolution Policy (Dispute Policy) as presently
written and posted on http://www.pablus.net/normas.htm and
as shall be amended from time to time. You acknowledge that
if you do not agree to any such modifications, you may request
that your domain name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to
change any of your account information with us, you must use
your Account Identifier and Password that you selected when
you opened your account with us. You agree to safeguard your
Account Identifier and Password from any unauthorized use.
In no event shall we be liable for the unauthorized use or
misuse of your Account Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved
or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by
the Dispute Policies that are incorporated herein and made
a part of this Agreement by reference. The current version
of the general registration Dispute Policy may be found at
http://www.opensrs.org/legal/udrp.shtml. Please take the time
to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You agree that, if
the registration or reservation of your domain name is challenged
by a third party, you will be subject to the provisions specified
in the Sunrise Dispute Policy or the Dispute Policy, as applicable.
You agree that in the event a domain name dispute arises with
any third party, you will indemnify and hold us harmless pursuant
to the terms and conditions contained in the Sunrise Dispute
Policy or Dispute Policy, as applicable.
9. POLICY. You agree that your registration
of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to a Pablus Corp., Registry Operator,
ICANN or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a Pablus Corp.,
Registry Operator, ICANN or government-adopted policy, (1)
to correct mistakes by us or the Registry in registering the
name or (2) for the resolution of disputes concerning the
domain name.
10. AGENCY. Should you intend to license use
of a domain name to a third party you shall nonetheless be
the domain name holder of record and are therefore 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. You
shall accept liability for harm caused by wrongful use of
the domain name. You represent that you have provided notice
of the terms and conditions in this Agreement to a third party
licensee and that the third party agrees to the terms hereof.
11. ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or operation
of our services and those of our service partners. These announcements
will be predominately informative in nature and may include
notices describing changes, upgrades, new products or other
information to add security or to enhance your identity on
the Internet.
12. LIMITATION OF LIABILITY. You agree that
our entire liability, and your exclusive remedy, with respect
to any Services(s) provided under this Agreement and any breach
of this Agreement is solely limited to the amount you paid
for such Service(s). Neither we nor our contractors or third
party beneficiaries shall be liable for any direct, indirect,
incidental, special or consequential damages resulting from
the use or inability to use any of the Services or for the
cost of procurement of substitute services. Because some jurisdictions
do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such jurisdictions,
our liability is limited to the extent permitted by law. We
disclaim any and all loss or liability resulting from, but
not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability resulting
from data non-delivery or data miss-delivery; (3) loss or
liability resulting from acts of God; (4) loss or liability
resulting from the unauthorized use or misuse of your account
identifier or password; (5) loss or liability resulting from
errors, omissions, or misstatements in any and all information
or services(s) provided under this Agreement; (6) loss or
liability resulting from the interruption of your Service.
You agree that we will not be liable for any loss of registration
and use of your domain name, or for interruption of business,
or 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
five hundred ($500.00) dollars.
13. INDEMNITY. You agree to release, indemnify,
and hold us, our contractors, agents, employees, officers,
directors, affiliates and third party beneficiaries harmless
from all liabilities, claims and expenses, including attorney's
fees, of third parties relating to or arising under this Agreement,
the Services provided hereunder or your use of the Services,
including without limitation infringement by you, or someone
else using the Service of any intellectual property or other
proprietary right of any person or entity, or from the violation
of any of our operating rules or policy relating to the Service(s)
provided. You also agree to release, indemnify and hold us
harmless pursuant to the terms and conditions contained in
the Dispute Policy. When we are threatened with suit by a
third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those
assurances shall be a breach of your Agreement and may result
in deactivation of your domain name.
14. TRANSFER OF OWNERSHIP. The person named
as registrant at the time the user name and password are secured
shall be the owner of the domain name. You agree that prior
to transferring ownership of your domain name to another person
(the Transferee") you shall require the Transferee to
agree in writing to be bound by all the terms and conditions
of this Agreement. Your domain name will not be transferred
until we receive such written assurances or other reasonable
assurance that the Transferee has been bound by the contractual
terms of this Agreement (such reasonable assurance as determined
by us in our sole discretion) along with the applicable transfer
fee. If the Transferee fails to be bound in a reasonable fashion
(as determine by us in our sole discretion) to the terms and
conditions in this Agreement, any such transfer will be null
and void. You acknowledge that you will not be entitled to
change registrars during the first sixty (60) days following
the registration of your domain name.
15. BREACH. You agree that failure to abide
by any provision of this Agreement, any operating rule or
policy or the Dispute Policy provided by us, may be considered
by us to be a material breach and that we may provide a written
notice, describing the breach, to you. If within thirty (30)
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. 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. NO GUARANTY. You acknowledge that registration
or reservation of your chosen domain name does not confer
immunity from objection to either the registration, reservation,
or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You agree that
your use of our Services is solely at your own risk. You agree
that such Service(s) is provided on an "as is",
"as available" basis. We expressly disclaim all
warranties of any kind, whether express or implied, including
but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We
make no warranty that the Services 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 the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or
data downloaded or otherwise obtained through the use of 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 regarding any goods or services
purchased or obtained through the Service or any transactions
entered into through the Service. No advice or information,
whether oral or written, obtained by you from us or through
the Service shall create any warranty not expressly made herein.
18. INFORMATION. As part of the registration
process, you are required to provide us certain information
and to update us promptly as such information changes such
that our records are current, complete and accurate. You are
obliged to provide us the following information:
(i) Your name and postal address (or, if different,
that of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address,
and voice and fax (if available) telephone numbers of the
administrative contact for the domain name;
(iv) The name, postal address, e-mail address,
and voice and fax (if available) telephone numbers of the
billing contact for the domain name.
Any other information, which we request from
you at registration, is voluntary. Any voluntary information
we request is collected for the purpose of improving the products
and services offered to you through your RSP.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make domain name registration
information you provide available to ICANN, to the registry
administrators, and to other third parties as applicable.
You further agree and acknowledge that we may make publicly
available, or directly available to third party vendors, some,
or all, of the domain name registration information you provide,
for purposes of inspection (such as through our WHOIS service)
or other purposes as required or permitted by ICANN and applicable
laws.
You hereby consent to any and all such disclosures
and use of information provided by you in connection with
the registration of a domain name (including any updates to
such information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive
any and all claims and causes of action you may have arising
from such disclosure or use of your domain name registration
information by us.
You may access your domain name registration
information in our possession to review, modify or update
such information, by accessing our domain manager service,
or similar service, made available by us through your RSP.
We will not process data about any identified
or identifiable natural person that we obtain from you in
a way incompatible with the purposes and other limitations
which we describe in this Agreement.
We will take reasonable precautions to protect
the information we obtain from you from our loss, misuse,
unauthorized accessor disclosure, alteration or destruction
of that information.
20. REVOCATION. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to
update information provided to us, or your failure to respond
for over fifteen (15) calendar days to inquiries by us concerning
the accuracy of contact details associated with the your registration
shall constitute a material breach of this Agreement and be
a basis for cancellation of the domain name registration.
21. RIGHT OF REFUSAL. We, in our sole discretion,
reserve the right to refuse to register or reserve your chosen
domain name or register you for other Services. In the event
we do not register or reserve your domain name or register
you for other Services, or we delete your domain name or other
Services within such thirty (30) calendar day period, we agree
to refund your applicable fee(s). You agree that we shall
not be liable to you for loss or damages that may result from
our refusal to register, reserve, or delete your domain name
or register you for other Services.
We reserve the right to delete or transfer your
domain name within a thirty (30) day period following registration
if we believe the registration has been made possible by a
mistake, made either by us or by a third party. We also reserve
the right to suspend a domain name during resolution of any
dispute.
22. 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.
23. NON-AGENCY. Nothing contained in this Agreement
or the Dispute Policies shall be construed as creating any
agency, partnership, or other form of joint enterprise between
the parties.
24. NON-WAIVER. Our failure to require performance
by you of any provision hereof shall not affect the full right
to require such performance at any time 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.
25. NOTICES. Any notice, direction or other
communication given under this Agreement shall be in writing
and given by sending it via e-mail or via postal service.
In the case of e-mail, valid notice shall only have been deemed
to have been given when an electronic confirmation of delivery
has been obtained by the sender. In the case of e-mail, notifications
must be sent to us at info@pablus.net, or in the case of notification
to you, to the e-mail address provided by you in your WHOIS
record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication,
if such date is a business day and such delivery was made
prior to 4:00 p.m. EST, otherwise it will be deemed to have
been delivered on the next business day. In the case of regular
mail notice, valid notice shall be deemed to have been validly
and effectively given 5 business days after the date of mailing
and, in the case of notification to us or to RSP shall be
sent to:
Our Address:
Pablus Corp. Inc.
Cra. 15 N. 10-45
Guadalajara de Buga Colombia
Sur América
Legal Affairs
and in the case of notification to you shall
be to the address specified in the Administrative Contact
in your WHOIS record.
26. ENTIRETY. You agree that this Agreement,
the rules and policies published by us and the Dispute Policy
are the complete and exclusive agreement between you and us
regarding our Services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether
established by custom, practice, policy or precedent.
27. GOVERNING LAW. This Agreement shall be governed
by and interpreted and enforced in accordance with the LAWS
OF Province of ontario and the FEDERAL LAWS OF canada applicable
therein without reference to rules governing choice of laws.
Any action relating to this Agreement must be brought in ontario
and you irrevocably consent to the jurisdiction of such courts.
28. INFANCY. You attest that you are of legal
age to enter into this Agreement.
29. Acceptance of Agreement. YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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