Addendum Agreement for .US

The following terms and conditions in conjunction with our Policy and Disclaimer located at https://fabulous.com/terms/doc/privacy.policy, governs your ("Registrant") use of the following .US domain registration service provided to you by Fabulous.com ("Fabulous"). As used throughout this agreement, the term "we," "our" and "us" shall refer to Fabulous where applicable.

 

1. Domain Registration Fees. As consideration for the domain name registration service provided by us, you agree to pay all registration fees with respect to each second-level domain ("SLD") name registered in US Dollars at the time of registration. A schedule of our registration fees is available in our FAQ. If, for any reason, you fail to pay any fees when due, we have the right to immediately cancel all SLD names for which payment was not received, without further notice to you. We reserve the right to adjust our fees prospectively upon fifteen (15) calendar days prior notice.

 

2. No Guarantee of Registration. You acknowledge and agree that we cannot guarantee that you will be able to register your desired .US domain name, since the domain name which you are attempting to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration process or related databases. You further acknowledge and agree that we may elect to accept or reject your application for registration for any reason at our sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.

 

You also acknowledge and agree that we are not liable for or responsible in any way for any errors, omissions or any other actions by third parties, including without limitation the .US registry arising out of or related to your application for and registration of, or failure to register a particular domain name.

 

3. .US Registration Requirements / Restrictions. You certify that the data provided in your domain name registration application is true, correct, up to date and complete, and that you will keep such data up to date and complete.

You acknowledge and agree that in order to qualify to register to use a .US domain name, you certify that, to the best of your knowledge, you are (and will continue to be throughout the course of your registration) either:

  1. A natural person (a) who is a citizen or permanent resident of the United States of America or any of its possessions or territories, or (b) whose primary place of domicile is in the United States of America or any of its possessions, or
  2. An entity or organization that is (a) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (b) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories, or
  3. An entity or organization (including a federal, state or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States (i.e., you have real and substantial lawful contacts with, or lawful activities in, the United States).

You further certify that the nameservers serving your domain name are located within the United States.

 

4. Failure To Abide By Registration Procedures. You acknowledge that your failure to meet the .US registration requirements shall be a basis for the suspension, cancellation, transfer or modification of your domain name registration. You agree to provide evidence demonstrating your compliance with the .US Registration Requirements and Restrictions upon our reasonable request.

 

5. Contact Information. You agree to provide accurate and reliable contact details and promptly correct and update them during the term of your domain name registration, including:

  1. Your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder);
  2. The name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration.

You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration.

 

6. Licensing Use of Domain Names. If you intend to license use of a domain name to a third party, you agree that you are nonetheless the registrant of record and are 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 your domain name registration. If you license use of a domain name to a third party, you agree to accept responsibility for any harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to any party providing you reasonable evidence of actionable harm.

 

7. Use of Information. In addition to the information you provide, we maintain records relating to your domain name registration, as required or permitted by the .US registry administrator. These records may include: (i) the original creation date of the registration; (ii) the submission date and time, and the contents, of the registration application (including any updates) to us and by us to the proper registry; (iii) communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us; (iv) records of account for your domain name registration, including dates and amounts of all payments and refunds; (v) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (vi) the corresponding names of those nameservers; (vii) the name and postal address of the domain name holder; (viii) the name, postal address, e-mail address, voice telephone number, and where available, fax number for each of the technical contact, billing contact, administrative contact and zone contact for the domain name; (ix) the expiration date of the registration; (x) our name as registrar of the domain name; and (xi) information regarding all other activity between you and us regarding your domain name registration and related services.

 

We will make available domain name registration information you provide or that we otherwise maintain to the .US registry administrator and to other third parties as such parties and applicable laws may require. 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) and other purposes as required by such third parties and applicable laws.

 

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a .US domain name (including any updates to such information), whether during or after the term of your registration of a .US domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by us.

 

8. Additional Representation. You represent that, to the best of your knowledge and belief, neither the registration of the .US domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

 

9. Suspension, Cancellation, Transfer or Modification. You agree that your registration of a .US domain name will be subject to suspension, cancellation, or transfer pursuant to any .US registry operator ("NeuStar") adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with a NeuStar adopted specification or policy (1) to correct mistakes by Fabulous or NeuStar in registering the name, or (2) for the resolution of disputes concerning the domain name.

 

10. Domain Name Dispute Resolution for .US. By submitting an application to register a .US domain name registration, you certify that you have read, understood and agree to be bound by all terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated in and made an integral part of this Agreement:

  1. the United States Dispute Resolution Policy (the "usDRP"), which is located at the NeuStar Web site at www.neustar.us; and
  2. the Nexus Dispute Policy (the "NDP"), which is located at the NeuStar Web site at www.neustar.us. For the adjudication of disputes concerning or arising from use of a .US domain name, you agree to submit, without prejudice to the jurisdiction of the federal and state courts located in the Parish of Orleans, State of Louisiana, USA.

11. Indemnification of .US Registry Operator. In addition to any indemnification set forth in our Policy and Disclaimer, you agree to indemnify, defend and hold harmless NeuStar, Inc., the .US registry, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to (i) your domain name registration and (ii) use of any registered name. This indemnification shall survive any termination or expiration of this Agreement.