Version Number: 4.0 [ 09/2000 ]
A. Introduction. This Domain Name Registration Agreement ("Registration Agreement") is submitted to INTERNET SERVICE ROMANIA, S.A. ("ISR") for the purpose of applying for and registering a domain name on the Internet. If this Registration Agreement is accepted by ISR, and a domain name is registered in ISR's domain name database and assigned to the Registrant, Registrant ("Registrant") agrees to be bound by the terms of this Registration Agreement and the terms of ISR's Domain Name Dispute Policy ("Dispute Policy") which is incorporated herein by reference and made a part of this Registration Agreement. This Registration Agreement shall be accepted at the offices of ISR.
B. Fees, Payment and Term of Service. As consideration for the services the Registrant has selected, the Registrant agrees to pay ISR the applicable service fees set forth on ISR's web site at the time of the Registrants selection. All fees are non-refundable and include any permitted modification(s) to the domain name's record during the covered period. Unless otherwise specified, each ISR service is for a two (2) year initial term and renewable thereafter for successive one (1) year terms. Any renewal of Registrants services with ISR is subject to the current terms and conditions and payment of all applicable service fees at the time of initial registration and in the case of domain name reregistration, the domain name registry's acceptance of Registrants domain name registration or reregistartion. Payment may be made payable either directly to "Internet Service Romania, S.A.", or indirectly to ISR through the Registrant's Internet Service Provider ("ISP"). Unless otherwise specified, payment is due within thirty (30) days from the date of the invoice.
C. Modifications to Agreement. Except as otherwise provided in this Registration Agreement, the Registrant agrees, during the term of this Registration Agreement, that ISR may: (1) revise the terms and conditions of this Registration Agreement; and/or (2) change part of the services provided under this Registration Agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Registration Agreement or change to the service on ISR's sites, or upon notification to the Registrant by e-mail or postal mail. Registrant agrees to periodically review ISR's web sites, including the current version of this Registration Agreement available on ISR's web sites, to be aware of any such revisions. If the Registrant does not agree with any revision to the Registration Agreement, the Registrant may terminate this Registration Agreement at any time by providing us with notice by e-mail or postal mail. Notice of the Registrants termination will be effective on receipt and processing by ISR. Any fees paid by the Registrant if the Registrant terminates the Registration Agreement with ISR are nonrefundable, but the Registrant will not incur any additional fees. By continuing to use ISR's services after any revision to this Registration Agreement or change in service, the Registrant agrees to abide by and be bound by any such revisions or changes. ISR is not bound by nor should the Registrant rely on any representation by (I) any agent, representative or employee of any third party that the Registrant may use to apply for ISR's services; or in (II) information posted on ISR's web site of a general informational nature. No employee, contractor, agent or representative of ISR is authorized to alter or amend the terms and conditions of this Registration Agreement.
D. Dispute Policy. Registrant agrees, as a condition to submitting this Registration Agreement, and if the Registration Agreement is accepted by ISR, that the Registrant shall be bound by ISR's current Dispute Policy. The current version of the Dispute Policy may be found at the RomNIC's web site: "http://www.nic.ro/dispute.html".
E. Dispute Policy Changes or Modifications. Registrant agrees that ISR, in its sole discretion, may change or modify the Dispute Policy, incorporated by reference herein, at any time. Registrant agrees that Registrant's maintaining the Registration of a domain name after changes or modifications to the Dispute Policy become effective constitutes Registrant's continued acceptance of these changes or modifications. Registrant agrees that if Registrant considers any such changes or modifications to be unacceptable, Registrant may request that the domain name be deleted from the domain name database.
F. Disputes. Registrant agrees that, if the Registration of its domain name is challenged by any third party, the Registrant will be subject to the provisions specified in the Dispute Policy.
G. Agents. Registrant agrees that if this Registration Agreement is completed by an agent for the Registrant, such as an ISP or Administrative Contact/Agent, the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.
H. Notices and Announcements. Registrant authorizes ISR to notify the Registrant as ISR's customer of information that ISR deems is of potential interest to the Registrant. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance the Registrants identity on the Internet and/or other relevant matters. If the Registrant do not wish to receive bulk email solicitation notices or announcements please send an email at firstname.lastname@example.org.
I. Limitation of Liability. Registrant agrees that ISR's entire liability, and the Registrants exclusive remedy, with respect to any ISR service provided under this Registration Agreement and/or for any breach of this Registration Agreement is solely limited to the amount the Registrant paid for such service. ISR and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the ISR's services or for the cost of procurement of substitute services. ISR disclaims 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 Registrant Account, Password or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service provided under this Registration Agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of the Registrants web site; (8) loss or liability that Registrant may incur in connection with the processing of the Registrants application for ISR's services, the processing of any authorized modification to Registrants domain name record or Registrants agents failure to pay any fees, including the initial registration fee or reregistration fee; or (9) loss or liability as a result of the application of the dispute policy.
J. Indemnity. Registrant agrees to release, indemnify, and hold ISR, in its capacities as the registry and a registrar, and ISR's contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising under this Registration Agreement, ISR's services provided hereunder or the Registrant use of ISR's services, including without limitation infringement or dilution by Registrant, or someone else using ISR's service from the Registrant computer, of any intellectual property or other proprietary right of any person or entity, or a violation of any of the operating rules or policies relating to the service provided. When ISR is threatened with suit or sued by a third party, ISR may seek written assurances from Registrant concerning Registrants promise to indemnify us; Registrants failure to provide those assurances may be considered to be a material breach of this Registration Agreement.
K. Breach. Registrant agrees that failure to abide by any provision of this Registration Agreement or the Dispute Policy may be considered by ISR to be a material breach and that ISR may provide a written notice, describing the breach, to the Registrant. If, within fifteen (15) days of the date of mailing such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to ISR, that it has not breached its obligations, then ISR may delete Registrant's Registration of the domain name. Any such breach by a Registrant shall not be deemed to be excused simply because ISR did not act earlier in response to that, or any other, breach by the Registrant.
L. No Guaranty. Registrant agrees that, by Registration of a domain name, such Registration does not confer immunity from objection to either the Registration or use of the domain name.
M. Warranty. Registrant warrants by submitting this Registration Agreement that, to the best of Registrant's knowledge and belief, the information submitted herein is true and correct, and that any future changes to this information will be provided to ISR in a timely manner according to the domain name modification procedures in place at that time. Breach of this warranty will constitute a material breach.
N. DISCLAIMER OF WARRANTIES. ISR EXPRESSLY DISCLAIMS 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. ISR MAKES NO WARRANTY THAT THE SERVICES WILL MEET THE REGISTRANTS REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ISR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE REGISTRANT FROM ISR SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
O. Revocation. Registrant agrees that ISR may delete a Registrant's domain name if this Registration Agreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information ISR would likely consider material to its decision to approve this Registration Agreement.
P. Right of Refusal. ISR, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Registrant. Registrant agrees that the submission of this Registration Agreement does not obligate ISR to accept this Registration Agreement. Registrant agrees that ISR shall not be liable for loss or damages that may result from ISR's refusal to accept this Registration Agreement.
Q. Severability. Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions which shall continue to be binding.
R. Entirety. Registrant agrees that this Registration Agreement and the Dispute Policy is the complete and exclusive agreement between Registrant and ISR regarding the Registration of Registrant's domain name. This Registration Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
S. Governing Law. Registrant agrees that this Registration Agreement shall be governed in all respects by and construed in accordance with the laws of Romania.
This is Domain Name Registration Agreement Version Number 4.0. This Registration Agreement is only for Registrations under the domains listed under http://www.nic.ro/domains.html. By applying for a service through ISR's online application process or by applying for and registering a domain name as part of the e-mail template application process or by using the service provided by ISR under this Agreement, Registrant acknowledges that he/she has read and agrees to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by ISR.