Registries

.markets

Should you wish to register .markets names with us or transfer .markets names to our management, the Registry Operator, DotMarkets Registry Limited, imposes certain conditions. As set out in our Terms and Conditions, by placing an order with us you unconditionally agree to be bound by these conditions as follows:

  1. Registered Name holders shall:
    1. comply with all applicable laws, rules, policies and/or regulations, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures;
    2. shall have any necessary authorisations, charters, licences and/or related credentials for their participation in the relevant market;
    3. report to Registrar any material changes to the validity of their necessary authorisations, charters, licences and/or related credentials;
    4. comply with the appropriate regulations and licensing requirements required to continue to conduct their activities in the best interests of the customers they serve;
    5. provide accurate administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or industry self-regulatory, bodies in their main place of business; and
    6. implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law, rules, policies and/or regulations as applicable to any Registrants who collect and maintain sensitive health and financial data;
  2. Registered Name Holder acknowledges that in the event of a transfer of a domain name from one Registered Name Holder to another registrant, Registrar has the right to withhold registration of the transfer pending such Registered Name Holder’s confirmation that the other registrant has the authorisations, charters, licences and/or related credentials for its participation in the relevant market.
  3. Registered Name Holder agrees not to participate in the following activities: distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and implementing (consistent with applicable law and any related procedures) measures to prevent such activities including suspension of domain name that engage in these activities;
  4. Registered Name Holder agrees to abide by the Registry Operator’s AUP (Acceptable Use Policy) and all other Registry Operator Policies (as amended and/or posted on Registry Operator’s website from time to time) to which each Registrant must agree in order to be registered as a Registered Name Holder;
  5. Each Registered Name Holder acknowledges that Registrar will:
    1. enforce all ICANN policies including but not limited to, the requirement to provide accurate Registered Named Holder contact information;
    2. publish any underlying Registrant Name Holder’s information in WHOIS if the privacy/proxy provider determines that the Registered Name Holder has breached its obligation to provide accurate contact information; and
    3. comply with the ICANN Privacy and Proxy Rules.
  6. Each Registered Name Holder will (within thirty (30) calendar days of the Registry’s demand) indemnify, defend and hold harmless the Registry (by express reference), Registrar, Resellers and their respective Affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal and administrative fees and expenses (including on appeal), arising out of or relating in any way to the  Registered Name Holder’s domain name registration, including without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. Registered Name Holder shall not enter into any settlement or compromise of any such indemnifiable claim without the Registries prior written consent, which consent shall not be unreasonably withheld. This indemnification obligation shall survive the termination or expiration of the Registrar’s Terms and Conditions.
  7. Registered Name Holder acknowledges and agrees that the Registry reserves the right to:
    1. add additional registration requirements, from time to time, in order to comply with new ICANN policies or to comply with certain Public Interest Commitments (PICs) applicable to the Registry TLD as part of the Registry Agreement and the Registry Operator will provide Registered Name holder with sixty (60) calendar days prior written notice via email or otherwise;
    2. periodically and without notice audit compliance with these provisions concerning the regulatory compliance by Registered Name Holders. For the avoidance of doubt, registration of non-complying Registered Name Holders will constitute a material breach of this Agreement and the provisions of Section 9.2.1 will apply.
    3. where Registered Name Holders are found to have lost any applicable accreditation or licences, to mitigate any potential harm to end-users by taking steps which are necessary in our sole discretion, including but not limited to suspension or deletion of the domain name.
  1. Each Registered Name Holder is subject to:
    1. the Uniform Domain Name Dispute Resolution Policy together with the UDRP Rules and all Supplemental Rules of any UDRP provider; and
    2. the Uniform Rapid Suspension System together with the URS Rules and all Supplemental Rules of any URS provider. The UDRP and URS may be changed by ICANN (or ICANN’s successor) at any time. If the registration or reservation of the Registry TLD domain name is challenged by a third party, the registration will be subject to the provisions specified in the UDRP and URS in effect at the time the Registry TLD domain name registration is disputed by the third party. In the event a Registry TLD domain name dispute arises with any third party, Registered Name Holder will indemnify and hold the Registry harmless pursuant to the terms and conditions of the UDRP and URS.
  2. Registered Name Holder consents to the collection and use (as further described in the Registry Privacy Policy) of the Registered Name Holder’s Personal Data.

DotMarkets Registry Limited imposes the following obligations upon Resellers of DotMarkets Registry Limited domain names:

  1. Reseller shall comply with all of the terms and conditions of this Agreement and all of Registrar’s covenants, obligations, representations and warranties as set forth in this Agreement.
  2. Reseller will indemnify, defend and hold the Registry Operator harmless (by express reference or by reference to all Registry operators) and its Affiliates and subsidiaries, as well as their respective owners, directors, managers, officers, employees, representatives, agents, service providers and contractors from and against any and all claims, damages, liabilities, costs and expenses of any kind, including without limitation legal fees and expenses (including on appeal), arising out of or relating to:
    1. any claim or alleged claim relating to any product or service of such Reseller;
    2. any claim or alleged claim relating to any agreement with any Registrant that registers a Registered Name through Reseller;
    3. any claim or alleged claim relating to the Reseller’s domain name registration business or other activities, including, but not limited to, the Reseller’s advertising, domain name application process, systems and other processes, fees charged, billing practices and customer service; and/or
    4. any breach by the Reseller of any of the terms, conditions, covenants, obligations, agreements, representations or warranties set forth herein. Each Reseller Agreement shall further require that the Reseller shall not enter into any settlement or compromise of any such indemnifiable claim without our prior written consent. This indemnification obligation shall survive the termination or expiration of the Registrar’s Reseller Agreement and/or this Agreement. Reseller acknowledges that Registry Operator reserves the right upon written notice to require Registrar to terminate any Reseller’s right to provide registrar services with respect to the TLD if such Reseller fails to comply with any terms of this Agreement (a “Reseller Breach”) and to take any measures we deem necessary to prevent such Reseller from accessing the Registry System. Unless the nature of the Reseller Breach is such that it is incapable of being cured or the same breach has been committed previously by the same Reseller, our notice shall provide a ten (10) calendar day cure period.

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