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BRS MEDIA .FM DOMAIN NAME REGISTRATION TERMS &
CONDITIONS
(effective April 27, 1998)
1. BRS Media, Inc. ("BRS") is responsible for the registration of
second-level Internet domain names in the top level FM domain. BRS
registers these second-level domain names on a "first come, first
served" basis. By registering a domain name, BRS does not determine the
legality of the domain name registration, or otherwise evaluate whether
that registration or use may infringe upon the rights of a third party.
2. Responsibility. The entity applying for a domain name
("registrant") is solely responsible for selecting its own
domain name ("domain name") and maintaining for the continued
accuracy of the registration record. The registrant, by completing and
submitting the dotFM Domain Name Registration Agreement
("Registration Agreement"), represents that the statements in
its application are true and that the registration of the selected
domain name, to the best of the registrant's knowledge, does not
interfere with or infringe upon the rights of any third party. The
registrant also represents that the domain name is not being registered
for any unlawful purpose.
3. Disputes. BRS neither acts as arbiter nor provides resolution
of disputes between registrants and third party complainants arising out
of the registration or use of a domain name. Registrant agrees, as a
condition to submitting the dotFM Domain Name Registration Agreement,
that the Registrant shall be bound by BRS's current Terms &
Conditions.
dotFM will not participate in any way in any dispute between you and any
party other than dotFM regarding the Registration and use of your
Domain. You will not name dotFM (BRS Media Inc.) as a party or otherwise
include dotFM in any such proceeding. In the event that dotFM is named
as a party in any such proceeding, dotFM reserves the right to raise any
and all defenses deemed appropriate, and to take any other action
necessary to defend dotFM.
4. Terms & Conditions Modification(s). Registrant agrees that
BRS, in it's sole discretion, may change or modify these Terms &
Conditions at any time. Registrant agrees that Registrant's maintaining
the registration of a dotFM domain name after changes or modification(s)
to the Terms & Conditions become effective constitutes Registrant's
continued acceptance of these changes or modification(s). BRS Media will
post the revised Terms & Conditions at http://www.dot.fm at least
thirty (30) calendar days before it becomes effective. Registrant agrees
that if Registrant considers any such changes or modification(s) to be
unacceptable, Registrant may request that the dotFM domain name be
deleted from the domain name database. Provision of false Whois
information can be grounds for cancellation of the domain name
registration with no refund of registration fee(s).
5. Payments and Fees. Registrant agrees to pay a registration fee
of One Hundred United States Dollars (US$100.00) per year for a .FM
domain with four (4) characters or more in front of the .FM
Top−Level−Domain (Example: ’abcd.fm’). For FM domains
with three (3) characters or less in front of the .FM
Top−Level−Domain (Example: ’abc.fm’) the cost is of Two
Hundred Dollars (US$200.00) per year. PremiumPlus™ .FM domain
names have variable registration fees starting at US$250.00/first year
depending on the .FM domain selected. Payment is due at time of
registration. The non-refundable fee covers a period of one (1) to five
(5) years, depending on registrant's select at the time of registration,
for each new registration, and one (1) to (5) years for each renewal,
and includes any permitted modification(s) to the dotFM domain name's
record during the period. Registrants without a Server Hostname/Server
IP Address may Reserve-Hold a .FM domain for a one time fee of
Twenty United States Dollars (US$20.00), Plus dotFM Domain Registration fee.
Registrants reselling a premium .FM domain to another party may request
a Register-Transfer, from one Registrant to another. Register-Transfer
guarantees that the domain name resold (and/or) transferred will be made
available to the new Registrant. The fee for Register-Transfer service,
payable by the new Registrant, is Fifty United States Dollars (US$50.00),
Plus One Year .FM Domain Registration fee. ALL FEES ARE
NON-REFUNDABLE AND NON-TRANSFERABLE, IN WHOLE OR IN PART, EVEN IF YOUR
SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE
THEN-CURRENT SERVICE TERM. All personal checks and
eChecks will be delayed fourteen (14) days until the money is credited,
which may delay Your usage of the product or service, and any check that
bounces will result in a US $25.00 bounced check fee. Credit cards that
are declined for any reason are subject to a $1.00 declination fee.
In the event of a
charge back by a credit card company (or similar action by another
payment provider allowed by us) in connection with your payment of fees
for any Service(s), you agree that such action will result in the
suspension to any and all accounts you have with us and that all rights
to and interest in and use of any domain name registration(s) services,
website hosting, and/or email services, including all data hosted on our
systems shall be assumed by us, as the case may be. We will reinstate
your rights to and control over these Services solely at our discretion,
and subject to our receipt of the unpaid fee(s) and a reinstatement fee,
currently set at US $75.00 per transaction.
6. Renewals: Domain names are registered on a yearly basis and require the
domain holder to renew the domain name in order to maintain the rights
to the domain name. ALL domains EXPIRE on the domain name's expiration
date. As a result your rights to the domain name also EXPIRES on the
domain name's expiration date.
You acknowledge that it is your responsibility to
keep your own records and to maintain your own reminders regarding when
your domain name registration or other Services are set to expire. As a
convenience to you, and not as a binding commitment, we a may notify you
via an email message or via your account when renewal fees are due.
Should these fees go unpaid, your Services will expire or be cancelled.
Payment must be made by credit card or such other method as we may allow
or require from time to time. You acknowledge that it is your
responsibility to keep your billing information up to date and that we
are not required to, but that we may, contact you to update this
information in the event that an attempted transaction is not processed
successfully.
To ensure continuation of service, please be certain you renew the
domain name BEFORE the expiration date. To ensure continuation of
service, please be certain you have a valid e-mail address on file.
7. BRS registers domain names on a "first come, first
served" basis. By registering a domain name, BRS does not determine
the legality of the domain name registration, or otherwise evaluate
whether that registration or use may infringe upon the rights of a third
party. BRS Media neither acts as arbiter nor provides resolution of
disputes between registrants and third party complainants arising out of
the registration or use of a domain name. This dotFM Domain Name Policy
("Policy") does not confer any rights, procedural or
substantive, upon third party complainants. The entity applying for a
domain name ("registrant") is solely responsible for selecting
its own domain name ("domain name") and maintaining for the
continued accuracy of the registration record. The registrant, by
completing and submitting the dotFM Domain Registration Agreement
("Registration Agreement"), represents that the statements in
its application are true and that the registration of the selected
domain name, to the best of the registrant's knowledge, does not
interfere with or infringe upon the rights of any third party. The
registrant also represents that the domain name is not being registered
for any unlawful purpose.
8. Indemnity. The registrant hereby agrees to defend, indemnify
and hold harmless (i) BRS Media, its officers, directors, employees and
agents, and (ii) FSM Telecom ("FSM"), its officers, directors,
and employees, for any loss or damages awarded by a court of competent
jurisdiction resulting from any claim, action, or demand arising out of
or related to the registration or use of the domain name. Such claims
shall include, without limitation, those based upon trademark or service
mark infringement, tradename infringement, dilution, tortuous
interference with contract or prospective business advantage, unfair
competition, defamation or injury to business reputation.
9. The registrant agrees that BRS (and/or) FSM shall have the
right in its sole discretion to revoke, suspend, transfer or otherwise
modify a domain name registration upon thirty (30) calendar days prior
written notice.
10. Notices. All notices between BRS Media and its registrants
permitted or required under these Terms & Conditions shall be in
writing and shall be delivered by personal delivery, courier delivery,
facsimile transmission, electronic mail, and/or by first class mail, and
shall be deemed given upon delivery, transmission, or seven (7) calendar
days after deposit in the mail, whichever occurs first. Initial notices
shall be sent to the domain name registrant at the address of the domain
name registrant listed in BRS Media's dotFM domain database.
11. Right of Refusal. We, in our sole discretion, reserve the right to
refuse to register your chosen domain name or register you for other
dotFM service(s), or to delete your chosen domain name within the first
thirty (30) calendar days from receipt of your payment for such
services. In the event we do not register your chosen domain name or
register you for other dotFM service(s), or we delete your chosen domain
name or other dotFM service(s) within such thirty (30) calendar day
period, we agree to refund any applicable fee(s) you have paid. You
agree that we shall not be liable to you for loss or damages that may
result from our refusal to register your chosen domain name, the
deletion of your chosen domain name or refusal to register you for other
dotFM service(s).
12. DISCLAIMER. THE REGISTRANT AGREES THAT BRS MEDIA WILL NOT BE
LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF REGISTRANT'S dotFM 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 BRS MEDIA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BRS MEDIA'S
MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
13. These Terms & Conditions, as amended, and the current dotFM Domain Name Registration Agreement together constitute the
complete and exclusive agreement between BRS Media and the registrant,
and supersede and govern all prior proposals, agreements, or other
communications. The registrant agrees that registration of a domain name
constitutes an agreement to be bound by these Terms & Conditions, as
amended from time to time. |
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