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Application and Registration Agreement for Assignment of Second Level Domain Name in a generic Top Level Domain
By submitting the application form, you acknowledge that you have read and agree to the following Registration Agreement as well as the Domain Name Dispute Policy, both of which are part of the application.

Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://www.icann.org/udrp/udrp.htm. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy and you agree to submit to proceedings commenced under the Dispute Policy. ICANN may modify the Dispute Policy in its sole discretion at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted.

You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify and hold AlohaNIC harmless pursuant to the terms and conditions contained in the Dispute Policy.

If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. AlohaNIC and or the respective Registry may not allow you to make changes to such domain name record until (i) it is directed to do so by the judicial or administrative body, or (ii) it receives notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the Registry of the judicial body by supplying a party with a Registrar certificate from us.

In the event that a domain which is the subject of a UDRP dispute is deleted or expires during the course of the dispute, the complainant in the UDRP dispute will have the option to renew or restore the name under the same commercial terms as the registrant. If the complainant renews or restores the name, the name will be placed in Registrar HOLD and Registrar LOCK status, the WHOIS contact information for the registrant will be removed, and the WHOIS entry will indicate that the name is subject to dispute. If the complaint is terminated, or the UDRP dispute finds against the complainant, the name will be deleted within 45 days. The registrant retains the right under the existing redemption grace period provisions to recover the name at any time during the Redemption Grace Period, and retains the right to renew the name before it is deleted.

3. Personal Data

As part of the registration process, you are required to provide certain information and to immediately update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data.

You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly, or failure to respond for over fifteen calendar days to inquiries by Registrar concerning the accuracy of contact details, will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. If you license use of a domain name to a third party, you are nonetheless the holder of record of the domain name and are responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information.

You acknowledge that AlohaNIC will make some of the information that you provide during the registration process publicly available as required by ICANN and/or the Registries. Additionally, you acknowledge that ICANN and/or the Registries may impose guidelines, limits and/or requirements that relate to the amount and type of information that AlohaNIC may or must make available to the public or to private entities. You consent to the use, copying, distribution, publication, modification and other processing of your personal data by the Registry Operator and its designees and agents. You may request a copy of your information in AlohaNIC 's possession to review, modify or update such information. AlohaNIC will not otherwise disclose your information to any third party unless it is required to maintain your domain name, or at such time as AlohaNIC receives a properly authenticated order from a court of competent jurisdiction.

4. Use Policies

You represent that to the best of your knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party. AlohaNIC reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.

If you select free parking service by cchawaii.net during registration, your domain name will point to a "Domain Registration Announcement" website, informing visitors that your domain has recently been registered and is parked with cchawaii.net. The "Domain Registration Announcement" website may be modified by us at any time without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by AlohaNIC and/or cchawaii.net, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. If following registration for any reason you do not wish to have your domain name pointed to a "Domain Registration Announcement" Web page, you should change the nameserver settings for that domain by accessing our MakeChanges site at http://register.secureservice.net.

5. Agents and Licenses

You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.

You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.

6. Limitation of Liability

YOU AGREE THAT AlohaNIC WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO AlohaNIC `S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND AlohaNIC ; (e) EVENTS BEYOND AlohaNIC `S REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, AlohaNIC 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 AlohaNIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AlohaNIC `S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO AlohaNIC FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU ALSO AGREE THAT AlohaNIC AND ANY APPLICABLE REGISTRY OPERATOR, INCLUDING VERISIGN INC., AFILIAS LIMITED, NEULEVEL INC., GLOBAL NAME REGISTRY, WILL HAVE NO LIABILITY OF ANY KIND FOR ANY LOSS OR LIABILITY RESULTING FROM THE PROCEEDINGS AND PROCESSES RELATING TO THE SUNRISE PERIOD, LAND RUSH PERIOD, AND/OR THE DOMAIN NAME APPLICATION PHASE, INCLUDING, WITHOUT LIMITATION: (A) YOUR ABILITY OR INABILITY TO OBTAIN AND/OR REGISTER A DOMAIN NAME AND OR SLD EMAIL ADDRESS DURING THESE PERIODS, AND (B) THE RESULTS OF ANY DISPUTE OVER SUNRISE REGISTRATION, NAMEWATCH REGISTRATION, DEFENSIVE REGISTRATION, IP CLAIM SERVICE, SLD EMAIL ADDRESS AND/OR DOMAIN NAME APPLICATIONS.

7. Indemnity

You agree to defend, indemnify and hold harmless AlohaNIC and any applicable domain name registry, including VeriSign Inc, Afilias Limited, NeuLevel Inc., Global Name Registry, and the directors, officers, employees and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal and attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.

You further agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.

8. Representations and Warranties

You represent and warrant that all information provided by you in connection with your registration is complete and accurate. AlohaNIC makes no representation or warranties of any kind in connection with this Agreement. Non compliance may be remedied by you within 30 days of notice by AlohaNIC . If you fail to cure the breach, AlohaNIC may revoke your registration of the domain name.

You also agree that AlohaNIC shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as AlohaNIC receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, re-querying the revocation, suspension, transfer or modification of the domain name registration.

10. Governing Law

This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States, as if the Agreement was a contract wholly entered into and wholly performed within the United States. Any action to enforce this Agreement or any matter relating to your use of the AlohaNIC site shall be brought exclusively in the courts of the United States located in Hawaii. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.

11. General

This Agreement, the AlohaNIC 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 AlohaNIC , and supersede and govern all prior proposals, agreements, or other communications.

Nothing contained in this Policy shall be construed as creating any agency, partner-ship, or other form of joint enterprise between the parties. The failure of AlohaNIC to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by AlohaNIC 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 shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. AlohaNIC will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of AlohaNIC as reflected in the original provision. No provision of this Agreement, including the AlohaNIC fee schedule and the Dispute Policy, may not be amended or modified by you except by means of a written document signed by AlohaNIC .

Addendum: Reservation of Rights
AlohaNIC and/or any applicable domain name Registry, including VeriSign Inc, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the respective Registry, to comply with any applicable laws, government rules or requirements, request of law enforcement, in compliance with any dispute resolution process, in case of suspected credit card fraud, or to avoid any liability, civil or criminal, on the part of AlohaNIC and/or the applicable domain name Registry, including VeriSign Inc, as well as their affiliates, subsidiaries, officers, directors and employees. AlohaNIC and/or any applicable domain name Registry, including VeriSign Inc, also reserve the right to freeze a domain name during resolution of a dispute.

You 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 registered domain name.

Registration Service: ! AlohaNic Domain registration
USA, 2003-2007