I (a) DOMAIN NAME
1. AGREEMENT
In this Service Agreement ("Agreement") "you" and "your" refer to
each customer, "we", us" and "our" refer to Data Ingenious Global
Limited. (hereinafter referred to as GODIL) and Services refers to
the services provided by us. This Agreement explains our
obligations to you, and explains your obligations to us for various
Services. By selecting our Services you have agreed to establish an
account with us for such Services. When you use your account or
permit someone else to use it to purchase or otherwise acquire
access to additional Services or to cancel your Services (even if
we were not notified of such authorization), this Agreement covers
such service or actions. By using the Services under this
Agreement, you acknowledge that you have read and agree to be bound
by all terms and conditions of this Agreement and by any pertinent
rules or policies that are or may be published/ mailed by us.
2. SELECTION OF DOMAIN NAME
We cannot check and are not obligate to see whether the domain name
you select/transfer, or the use you make of the domain name,
infringes legal rights of others. We urge you to investigate to see
whether the domain name you select or its use infringes legal
rights of others, and in particular we suggest you seek advice of
competent counsel. You may wish to consider seeking one or more
trademark registrations in connection with your domain name. You
should be aware that there is the possibility we might be ordered
by a court to cancel, modify, or transfer your domain name. You
should be aware that if we are sued or threatened with lawsuit in
connection with your domain name, we might turn to you to hold us
harmless and indemnify us.
3. Rights & Responsibilities of Parties
a) You shall provide to us accurate and reliable contact details
and promptly correct and update them during the term of the domain
registration, including: the full name, postal address, e-mail
address, voice telephone number, and fax number if available; name
of authorized person for contact purposes in case you are an
organization, association, or corporation. b) Your willful
provision of inaccurate or unreliable information, willful failure
to promptly 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 your
domain registration shall constitute a material breach of the
agreement and be a basis for cancellation of the domain
registration. c) If you intends to license use of the domain name
to a third party, nonetheless, you are responsible for providing
its 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. The Registrant licensing the use of a
domain according to this provision shall accept liability for harm
caused by wrongful use of the domain, unless it promptly discloses
the current contact information provided by the licensee and the
identity of the licensee to a party providing the Registrant
reasonable evidence of actionable harm. d) You may choose to limit
the amount of personal information that a Registrar makes available
in a WHOIS query. To do so, the name may be registered through a
privacy service (allowing you to conceal personal identifying
information and often replacing it with the information of the
privacy service). However, in such circumstances also, you are
required provide to us the accurate and reliable contact details
and promptly correct and update them during the term of the domain
registration, including: the full name, postal address, e-mail
address, voice telephone number, and fax number if available; name
of authorized person for contact purposes in case you are an
organization, association, or corporation. You shall be bound to
provide us the accurate and complete information as required under
WHOIS, which though not published but be maintained in our
database. e) We shall provide notice to each new or renewed
Registrant stating: • (i) The purposes for which any Personal Data
collected from the applicant/registrant are intended; • (ii) The
intended recipients or categories of recipients of the data
(including the Registry Operator and others who will receive the
data from Registry Operator); • (iii) Which data are obligatory and
which data, if any, are voluntary; and • (iv) How the Registrant or
data subject can access and, if necessary, rectify the data held
about them. f) You shall consent to the data processing referred to
in Clause (d). g) You shall represent that notice has been provided
equivalent to that described in Clause (d) to any third-party
individuals whose Personal Data are supplied to the Company by you,
and that you have obtained consent equivalent to that referred to
in Clause (e) of any such third-party individuals. h) We agree that
we'll not process the Personal Data collected from you in a way
incompatible with the purposes and other limitations about which we
have provided notice to you in accordance with Clause (d) above.
i) We agree that we will take reasonable precautions to protect
Personal Data from loss, misuse, unauthorized access or disclosure,
alteration, or destruction. j We shall maintain the confidentiality
of the WHOIS data provided by you under the Privacy Service,
however we shall have the right to disclose such information,
without any prior intimation to you, to any regulatory authority or
to any other person whom we shall deem required to be provided
with. k) You shall represent that, to the best of your knowledge
and belief, neither the registration of the domain Name nor the
manner in which it is directly or indirectly used, infringes the
legal rights of any third party. l) For the adjudication of
disputes concerning or arising from use of the domain name, you
shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of your
domicile and (2) where we are located. m) You shall agree that the
registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any ICANN adopted
specification or policy, or pursuant to any registrar or registry
procedure not inconsistent with an ICANN adopted specification or
policy, (1) to correct mistakes by Registrar or the Registry
Operator in registering the name or (2) for the resolution of
disputes concerning the domain name. n) You shall indemnify and
hold harmless the Company, and its directors, officers, 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. o) You agree that you will not use domain name for
any illegal purpose. If you host any unlawful and objectionable
content or use domain for any illegal purpose we can block the
domain and change the DNS records without any notice.
4. FEES PAYMENT AND TERM
As consideration for the Services you have selected, you agree to
pay us the applicable service(s) fees. All fees payable hereunder
are non-refundable unless we provide otherwise. As further
consideration for the Services, you agree to: (1) provide current,
complete and accurate information about you as required for 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"). You hereby grant us the right to disclose to third
parties such Account Information. The Registrant, by completing and
submitting the Domain Name Registration/Transfer Agreement
("Registration/Transfer Agreement"), represents that the statements
in its application are true and that the registration of the
selected Domain Name, so far as the Registrant is aware, does not
interfere with or infringe upon the legal rights of any third
party. The Registrant also represents that the Domain Name is not
being registered/transferred for any unlawful purpose. On the
registration/transfer of a Domain name by GODIL, a default home
page will be displayed that could contain the following
information: • 1. Name of the registrant • 2. Email address of the
registrant • 3. Address of registrant • 4. Logo of GODIL.in(site
from which the domain is registered) • 5. Logo of GODIL (server on
which domain is hosted initially) Domain Name can be applied for a
period of 1 to 10 years (minimum period 1 year from the date of the
registration. You can apply for renewal of the registration for
further period of 1 to 10 years on payment of renewal fees
applicable at the time of re-registration, and terms and conditions
as applicable at the time of re-registration. The payment for
re-registration must be received at least 15 days prior to the date
of expiry otherwise re-registration of the same domain name shall
not be granted. You acknowledge and agree that GODIL cannot
guarantee that you will be able to register or renew a desired
domain name even, if an inquiry indicates that domain name is
available, since GODIL cannot know with certainty whether or not
the domain name which you are seeking to register is simultaneously
being sought by third party(s), or whether there are any
inaccuracies or errors in the domain name registration or renewal
process or related databases, including the various WHOIS
databases. You further agree that GODIL may elect to accept or
reject your application for registration or renewal for any reason
at its sole discretion. All payments are to be made in favor of
"Data Ingenious Global Limited" payable at Jaipur and are to be
sent at the mailing address as mentioned in clause 20 of this
agreement by courier/registered post. No outstation cheques are
accepted. At the back of the Cheque / Demand draft you are required
to mention your Order ID and domain name(s) you have booked against
each order ID. In case payment is made by Credit Card then the
registrant is required to send at the sole discretion of GODIL,
where it deems fit a Confirmation Letter (see Annexure I) duly
signed by him through fax/courier/registered post. GODIL reserves
the right to stop the services, in case the confirmation letter as
required is not received back within 10 days of allotment of Order
ID Number. Your domain name application, renewal application or
registrar transfer request will not be submitted to the applicable
registry unless we receive actual payment of the registration,
renewal or transfer fee or reasonable assurance of payment of the
registration, renewal or transfer fee from some other entity (such
reasonable assurance as determined by GODIL at its sole
discretion). In the event of a charge back by a credit card company
or dishonor of Cheque / demand draft in connection with your
payment for the registration, renewal or registrar transfer
request, you acknowledge and agree that the registration shall be
transferred to GODIL as the entity that has paid the registration,
renewal or transfer fee for that registration to registry, and that
we reserve all rights regarding such domain name including, without
limitation, the right to make the domain name available to other
parties for purchase. We will reinstate any such registration
solely at our discretion, and subject to our receipt of the
applicable registration, renewal or transfer fee. As per the ICANN
Policy the Registrar shall send atleast two reminder mails/notice
to the Registrant for a domain approaching expiry. It is also the
responsibility of the registrant to renew the domain name on timely
basis. However, at the conclusion of the registration period ,
failure by the Registrant fails to pay the renewal fee within the
specified time as mentioned in the second reminder notice/mail,
results in cancellation of the domain registration. We may send you
more than two reminder mails for renewal prior to the date when a
renewal is due. (Though renewal reminder is automated, We owe no
responsibility if we fail to notify prior to due date. You are
requested to make the payment for renewal as and when due). Domain
renewal status can be checked by you from the control panel
provided to you. Should a renewal fee go unpaid within the time
specified regarding renewal, the registration will be cancelled.
Payment must be made by cheque/demand draft/credit card or such
other method as we may indicate in the registration application or
renewal form. We will renew the registration for the term
specified, provided your credit card or other billing information
is available and up to date, unless you instruct us otherwise
within the time specified. If your billing information is not
accurate and you wish to renew the registration, we will contact
you to update this information and charge you accordingly.
Identification of a premium domain can be ascertained only after
the payment for the domain. In case, the domain turns out to be the
Premium domain in the Registry, Registrant shall pay the amount
applicable on the premium domain as levied by the respective
Registry to get the domain or can claim the refund of the amount so
paid. In case the requisite payment is not received since it is
due, then we can stop providing services to you and the stoppage of
service due to non payment or any other reason attributable to you
can not be held as " intent to cause wrongful loss or damage to the
public or any person and neither it can be constructed to diminish
the value or utility or affect you injuriously'. Discontinuance of
service by GODIL due to non payment of dues or any other reason
attributable to you does not amount to Hacking.
5. MODIFICATION OF AGREEMENT
You agree, during the period of this Agreement, that we may: (1)
revise the terms and conditions of this Agreement; and (2) change
the services provided under this Agreement. Any such revision or
change will be binding and effective immediately on posting of the
revised Agreement or change to the service(s) on our web site, or
on notification to you by e-mail or regular mail as per the Notices
clause of this agreement, Clause 20. You agree to review our web
site, including the Agreement, periodically to be aware of any 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 regular mail as per the Notice clause of this
agreement, Clause 20. Notice of your termination will be effective
on receipt and processing by us. You agree that, by continuing to
use the Services following notice of any revision to this Agreement
or change in service(s), you abide by any such revisions or
changes. You further agree that we, in our sole discretion, may
modify our Domain Name Dispute Policy at any time. 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 modifications, you may request that your
domain name be deleted from the domain name database.
6. MODIFICATION TO YOUR ACCOUNT
In order to change any of your account information with us, you
must use your ID (that you were assigned when you opened your
account with us) and Password (that you use to login to your
panel). Please safeguard your Account Identifier i.e. the ID and
Password from any unauthorized use. In no event we will be liable
for the unauthorized use or misuse of your ID or Password. However
processing of any transaction relating to your domain, may require
certain modification, for which purposes you authorize us to modify
you domain details for processing your requested transaction on
your behalf. That such modification to your domain details will be
restored back within 30 days from the date when the requested
transaction has been successfully executed.
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 ICANN Domain Name Dispute Policy ("Dispute Policy")
which is incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself with the
dispute policy. ICANN reserve the right to modify the dispute
policy and the moment modified dispute policy is put in our web
site, the modified dispute policy is applicable.
8. DOMAIN NAME DISPUTES
You agree that, if the registration or reservation or transfer of
your domain name is challenged by a third party, you will be
subject to the provisions specified in the Dispute Policy in effect
at the time of the dispute. 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 Dispute Policy.
9. DOMAIN NAME RENEWALS AND DELETION POLICY
If you fail to renew your domain name, the domain names under GODIL
will be renewed automatically by GODIL on your behalf for a period
of one (1) Year. After auto renewal of your domain name by GODIL
you will have a Renewal Grace Period during which you may reimburse
GODIL its renewal fee and keep your domain name. That a Domain
under Renewal Grace Period shall on expiry be put on dns path
resolution change (i.e. domain nameservers get changed and all
services like hosting/mailing gets stopped). If you do not
reimburse GODIL such renewal charges during the renewal grace
period your domain shall be flagged for deletion, after which you
will have a redemption period during which you may pay GODIL
Redemption fee and renewal charges and redeem your domain name from
the Registry. The maximum redemption fee is INR 10,000/- and is
subject to change under the terms of this agreement. If you do not
redeem your domain name prior to the end of the Redemption Period
the Registry will release your name and it will become available
for registration on a first-come-first-served basis. After the
expiration of domain, customers shall not be allowed to perform any
operations from GODIL's control panel against the expired domain.
However, during such period, restoration and renewal order can be
placed for such domains. the name server of the domain shall be
changed and shall redirect domain to a parking page which will
display that domain has expired and should be renewed and all
related services such as hosting, email etc.., shall be stopped
until the same is renewed/ restored. After placing the order for
renewal/ restoration, customer shall be allowed to perform all
operations as well as all related services from the GODIL control
panel and name server will be regress to its previous place subject
to the realization of renewal/ restoration payment. Once the
specified renewal grace period for the domain has been expired, it
is on the discretion of the Registrar to delete or to retain that
domain and to gain back the said domain after the renewal grace
period, Registrant shall pay a certain fees as may charged by the
registrar, which shall not exceed restoration fee for the domain.
Renewal Grace Periods and Redemption Periods vary for different
ccTLDs. Please refer to the specific terms for the applicable
ccTLD. In the event of a conflict between this paragraph and the
ccTLD terms, the ccTLD terms shall control. For some of the
cctld's registrations/ renewals , registrant has to provide
specific documents to show the presence in specific country, if not
available agency fee is require to be paid and shall be liable to
get renewed along with domain renewal. Specific to CCTLD's: For
CCTLD's renewal ,GODIL encourage that all the customers shall make
the advance payment for renewal of their domain name before 10 days
of expiry as the renewal totally depends on grace periods which
vary in each case, as in some cases the grace period is very less.
Followed, GODIL owns no responsibility of domain lose. RENEWAL
NOTICES REMINDER SCHEDULE: The renewal notice reminder shall be
sent by the Company to the Registrants (Owner's) in accordance to
the below given schedule: i) First renewal reminder shall be sent
30 days prior to the expiry of the concerned domain. ii) Subsequent
renewal reminder shall be sent 15 days prior to the expiry of the
concerned domain. iii) Further, renewal notice reminder shall
again be sent to the registrant's 7 days prior to the expiry of the
concerned domain. iv) Final reminder shall be sent within 5 days of
expiry of the concerned domain name. The notification for renewal
will be sent to the Registered Name Holder via email on the email
address provided as the point of contact in Registration Service.
10. AGENTS
You agree that, if an agent for you (i.e., an Internet Service
Provider, web designing company, employee, etc.) purchased our
Services on your behalf, you are nonetheless bound as a principal
by all terms and conditions herein, including the Dispute Policy.
11. ANNOUNCEMENTS
We reserve the right to display/distribute any search results
and/or advertising result in Pop-up, Pop-under, exit widows,
expanding buttons or animations 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
search 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). Our contractors and we shall not 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. 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 mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting from
the unauthorized use or misuse of your CRN ID or Password; (5) loss
or liability resulting from errors, omissions, or mis-statements in
any and all information or services(s) provided under this
Agreement; (6) loss or liability resulting from the development or
interruption of your Web site or email service. The registrant
agrees that we will not be liable for any loss of registration and
use of registrant's 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 our maximum liability shall exceed the amount of fees paid
by you for the service/s hired by you.
13. INDEMNITY
You agree to release, indemnify, and hold us, our contractors,
agents, employees, officers, directors and affiliates 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
E-mail Service with your computer, 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 lawsuit 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 breach of your Agreement and may
result in deactivation of your domain name.
14. INACCURATE OR UNRELIABLE DATA
You hereby represent and warrant that the data provided in the
domain name registration application is true, correct, up to date
and complete and that you will continue to keep all the information
provided up-to-date. Your willful provision of inaccurate or
unreliable information, your willful failure to promptly update
information provided to the registry operator, or any failure to
respond for over five calendar days to our inquiries addressed to
the e-mail address of the administrative, billing or technical
contact then appearing in the Whois directory with respect to a
domain name concerning the accuracy of contact details associated
with any registration(s) or the registration of any domain name(s)
registered by or through you or your account, shall constitute a
breach of this Agreement. Any information collected by the registry
operator concerning an identified or identifiable natural person
("Personal Data") will be used in connection with the registration
of your domain name(s) and for the purposes of this Agreement and
as required or permitted by the ICANN Agreement or any
ICANN/Registry Policy.
15. RIGHT OF REVOCATION
Registrant agrees that registrar may delete a Registrant's domain
name if any information required to be supplied by the Registrant
under this Registration Agreement, or subsequent modification(s)
thereto, is false or misleading, or conceals or omits any
information that registrar would likely consider material to its
decision to approve this Registration Agreement. Registrant further
agrees that registrar may deny, cancel, suspend or revoke the
registration of Registrant's domain name, or, suspend the
delegation of Registrant's Domain Name, if it is reasonably
determined by registrar in its sole discretion, that Registrant or
any other person uses or perceived to use the domain name in
connection with: a) Any activity that infringes the intellectual
property rights or other rights of third parties; b) Any activity
that defames or disparages any person; or c) Any illegal activity
including but not limited to, pornography and/or nudity of any
kind, adult pornography, Anime, child pornography, "adult content"
and/or the written word of a sexual nature; or d) Any otherwise
illegal or fraudulent activity.
16. 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 five (5) 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 or terminate your e-mail account without further
notice. 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.
17. NO GUARANTEE
You agree that, by registration or reservation or transfer of your
chosen domain name, such registration or reservation or transfer
does not confer immunity from objection either to registration,
reservation, transfer or use of the domain name. The allotment of
Order ID number and payment by you for your requested Domain Name
does not ensure that your requested Domain name is registered. Your
domain name is guaranteed as registered only when you receive a
confirmation mail from us, confirming registration of your domain
name.
18. DISCLAIMER OF WARRANTIES
You agree and warrant that the information that you provide to us
to register or reserve your domain name or register for other
Services is to the best of your knowledge and belief, accurate and
complete, and that any future changes to this information will be
provided immediately. 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 our e-mail service or that
defects in the Services software will be corrected. You understand
and agree that any material and/or data downloaded or otherwise
obtained through the use of our e-mail 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
e-mail service or any transactions entered into through the e-mail
service. No advice or information, whether oral or written,
obtained by you from us or through the e-mail service shall create
any warranty not expressly made herein.
19. 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 within thirty (30) calendar days from receipt of
your payment for such services. In the event we do not register or
reserve your domain name or register you for other Services within
such thirty (30) calendar days 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 or
reserve, or register you for other Services.
20. (A) Specific to .भारत Domain
.भारत Registration Owners of registered Indian trademarks or
service marks who wish to protect their marks will be given the
priority to apply for .भारत domain names before the general public.
The Sunrise will give preference to Indian citizens and companies
over entities from abroad. You hereby agree that while obtaining
and during the term of domain name registration, you must meet the
.भारत registration requirements set forth by the .IN Registry for
the registration of the domain within .भारत TLD. Applications must
be submitted to the registry only through an accredited registrar.
Applications for all sunrise phases will be accepted as per
schedule available at http://godil.in Sunrise A: This phase is
open only to trademark or service mark holders who are Indian
citizens or Indian registered companies. Applicants are advised to
ensure they supply valid IPR Information in the following fields
for Sunrise--A applications. All fields are mandatory here: • IPR
Name • IPR Number • IPR CC Locality • IPR Applied • IPR
Registered • IPR Class • IPR Entitlement • IPR Type: [value: SRA]
Sunrise B: This phase is open to foreign entities that own Indian
trademarks or service marks. Applicants are advised to ensure they
supply valid IPR Information in the following fields for Sunrise--B
applications. All fields are mandatory here: • IPR Name • IPR
Number • IPR CC Locality • IPR Applied • IPR Registered • IPR Class
• IPREntitlement • IPR Type: [value: SRB] Applicants are advised
that if they fail to supply data in fields that are required for a
successful Sunrise application type, the application may be denied.
Applications for registration to Sunrise A and Sunrise B can be
made at http://www.godil.in NOTE: Please note that the names
applied for in Sunrise A and Sunrise B will locked so they're not
available for application in Sunrise C or for general registration.
Sunrise C: In this phase, an applicant having an existing .IN ASCII
domain that correspond to the string being applied for in IDN. The
General Availability period is slated to commence after the
Landrush period ends. This period is open for general public and
enables everyone to buy and register .भारत domains instantly.
During this period all the remaining .भारत domain names will be
allotted to applicants on a first-come-first-served basis.
Applicants are advised to ensure they supply valid data properly in
the fields for Sunrise C applications available at the link given
below. Applicant, if, fail to supply data in fields that are
required for a successful Sunrise application type, the application
may be denied. Applications for Registration under Sunrise C will
be launching on November 18, 2014 at 09.00 IST
at http://www.godil.in ELIGIBILITY RULES: In order to be considered
valid, a Sunrise application must meet all the criteria as
specified at http://www.godil.in NAMES NOT ELIGIBLE: Certain domain
names have been reserved for use by the government, constitutional
bodies, and the Registry. A list of these domain names will be
published for public reference on the www.registry.in Web site.
Applications for these domain names will be rejected. Applications
must conform to general Registry registration policies. The domain
names would be accepted only in the punycode format and not
otherwise. APPLICATION PROCESS Applications must be submitted to
the registry through an accredited registrar as per the process
specified at http://www.godil.in TERMS & PRICES: Sunrise domains
that are awarded will be registered for an initial term of five
years. 1. Applicant will be assessed an application fee of Rs.500/-
for each application they submit. 2. Trademark Owner should be the
Registrant contact for the applied domain name and Trademark
Administrative contact should be Admin Contact for the applied
domain name. 3. The Applicant will also be charged for the Create
term, which can be minimum 5 years and maximum 10 years, at the
time the award determination is made. 4. All Sunrise fees charged
to Applicant are non-refundable. PROOF OF TRADEMARK GUIDELINES:
Upon application, applicants must send the documentation described
below to the Registry for verification. This will assist in the
prevention of false applications. Applicant must provide: 1. A
legible photocopy of the trademark certificate via postal mail or
courier. A Notary, Magistrate, Oath Commissioner, or Gazetted
Officer or any other Authority duly authorized by the Competent
Authority must attest this copy to be a true copy. 2. A notarized
affidavit in a form prescribed by the Registry. This will be
available on the Registrar Relations area. 3. A printout of the
application confirmation e-mail that the Registry sent to the
applicant. A separate copy of the trademark certificate, affidavit,
and e-mail printout should be sent for each and every domain name
applied for. Original trademark certificates should not be sent to
the Registry. The Registry will have no responsibility / liability
to return any document sent to it. Scanned electronic copies,
printouts from online trademark databases, faxed copies of
trademark certificates, etc. will not be accepted. Trademark
documentation should be sent to: NIXI (National Internet Exchange
of India) Attention: .भारत Sunrise 6C,6D,6E,Hansalaya Building
15,Barakhamba Road, New Delhi-110001. Tel.: +91-11-48202011, Tel.
: +91-11-48202000, Fax: +91-11-48202013 E-Mail: registry@nixi.in
The Registry reserves the right to demand any other documents as
desired by it from the applicant. The deadline for receipt of
trademark certificate documentation by the Registry is 17:00 IST
(11:30 UTC) on 14th November 2014. Documentation received after
that time will be ignored, and applications without documentation
will be considered failed. Please note that Registry shall not be
responsible for any postal delays. AWARD PROCESS: The Registry will
examine that the documentation provided supports the application
duly supports the application for the Sunrise registration. Where
there are two or more applications for the same domain name,
priority will be assigned in the following order. 1. Applications
in Sunrise A have priority over applications in subsequent Sunrise
Phase and so on. 2. The priority of applications in a phase will be
assigned based on the applications' timestamp as recorded by the
Registry. 3. For each unique domain name applied for, the Registry
will perform a facial examination of the first priority
application's trademark certificate. 4. If the priority application
satisfies all the Sunrise criteria, the Registry will award the
domain to the priority applicant. 5. If the priority applicant's
trademark does not satisfy all of the Sunrise criteria, that
application will be considered failed. 6. The Registry will then
examine the trademark of the next priority application for that
domain name. 7. This process will repeat until: (a) a valid
application is found and an award is made, or (b) the phases of
applications for that domain name are exhausted. If no valid
application is received, then the domain name will be made
available in open registration. 8. If the award status of an
applied-for domain name has not been determined by the time open
registration begins for the general public, the Registry reserves
the right to create that domain name in the registry using generic
place-holder data. The Registry can then update that place-held
domain if an award is made, or deleted and thereby made available
in open registration if no award is made. Sunrise Awards; Opening
for Real-Time Registrations; Transfers Sunrise awards will be
announced through the publication of the WHOIS, shortly before open
registration begins for the general public on 17th November 2014.
The Registry may lock domain names (statuses:
serverDeleteProhibited, serverUpdateProhibited,
serverTransferProhibited, serverRenewProhibited) registered during
the Sunrise Period at the registry level for a period of up to 180
days following the end of the Sunrise Period. The only exceptions
are for transfers required as a result of: a decision in .भारत
Dispute Resolution Process administrative proceeding, or an order
from any Indian court of competent jurisdiction. In addition, names
subject to one or more pending legal proceeding may not be
transferred. Applicants will be allowed to change name servers on
their domains during the lock period. Legal Notices:
Representations. By applying to register a Domain Name in
accordance with the Sunrise registration conditions of the
Registration Agreement, the applicant hereby represents and
warrants that: (a) the statements that the applicant has made in
his Registration Agreement with the registrar are complete,
accurate and correct; (b) the registration of the Domain Name
complies with the Sunrise registration conditions set forth in the
Registration Agreement; (c) to the applicant's knowledge, the
Domain Name will not infringe upon or otherwise violate the rights
of any third party; (d) you are not registering the Domain Name for
an unlawful purpose; and (e) the applicant will not knowingly use
the Domain Name in violation of any applicable laws or regulations.
It is the applicant's responsibility to determine whether the
Domain Name registration infringes or violates someone else's
rights. Cancellations, Transfers, and Changes. The Registry will
cancel, transfer, or otherwise make changes to a domain name
registration under the following circumstances: a. Receipt of
written or appropriate electronic instructions from the applicant
or their authorized agent to take such action; and/or b. Receipt of
an order from a competent Indian court or arbitral tribunal, in
each case of competent jurisdiction, requiring such action. The
Registry may also cancel, transfer or otherwise make changes to a
domain name registration in accordance with the terms of the
Registration Agreement or other legal requirements. Policy
Modifications: The Registry reserves the right to modify theses
Rules at any time. We will post revised Rules at least fifteen (15)
days before it becomes effective. In the event you object to a
change in this Policy, your sole remedy is to cancel your Domain
Name application or 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
application or registration. Disputes and Errors: The Registry's
award decisions shall be final and are not subject to challenge.
Applicants are wholly responsible for any submission errors or
omissions that they make. After awards are announced, parties will
be free to challenge a domain name Applicant via the .भारत dispute
resolution process. Liability for Inaccurate Data: You hereby
acknowledge that only you shall be responsible for making any
misrepresentation, whether done knowingly or unknowingly. GODIL, in
no event, shall be responsible for the acts done by you or the
data/information provided by you or for any damages, of whatsoever
nature, arising, whether knowingly or unknowingly, out of such
information/data. You shall be responsible for verifying the
correctness of the data that have been provided by you in
consonance with the requirements of the domain .भारत. You shall
also be solely responsible for any information/data provided by you
in contravention/contradiction of the requirement of the domain
.भारत. Refund: No fees shall be refunded for the rejection of any
application, if not found in order with the requirements of .भारत.
Indemnification: You shall indemnify, defend and hold harmless
GODIL, its subsidiaries, affiliates, divisions, shareholders,
directors, officers, employees, accountants, attorneys, insurers,
agents, predecessors, successors and assigns, from any and all
claims, demands, losses, costs, expenses, causes of action or other
liabilities of any kind, whether known or unknown, in any way
arising out of, relating to, or otherwise in connection with the
domain name registration with .भारत. This indemnification
obligation shall survive the termination or expiration of the this
agreement. 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.
21. 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.
22. NON-AGENCY
Nothing contained in this Agreement or the Dispute Policy shall be
construed as creating any agency, partnership, or other form of
joint enterprise between the parties.
23. HEADING
Heading used in this agreement are for reference purposes only and
in no way define, limit, construe or describe the scope or extent
of such clause or in any way affect this agreement.
24. NOTICE
You agree that, unless other instructions are posted on the GODIL's
Web site, any notices required to be given under this Agreement
will be deemed to have been given if delivered by email or fax, or
sent by certified mail, return receipt requested, or other
recognized overnight delivery service to each of the parties in
accordance with the most current contact information you have
provided to us. All notices shall be effective upon receipt, except
that email and fax notices shall be effective upon transmission.
Mail shall be sent to: Data Ingenious Global Limited Station Road,
Durgapura Jaipur-18 Email- cs1@dil.in
25. NON-WAIVER
Our failure to require performance by the Registrant 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.
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 and construed in accordance with
the laws of Union of India. Both parties agree to submit to the
jurisdiction to the Territory Region of Jaipur and courts of Jaipur
only.
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 AND AFTER AGREEING WITH ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT AND DISPUTE POLICY YOU ARE FILLING
DOMAIN NAME REGISTRATION FORM. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT
RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS
SET FORTH IN THIS AGREEMENT.
