RIGHTSIDE REGISTRY DPML SERVICE AGREEMENT
This Rightside-DPML Service Agreement ("Agreement") sets forth the complete terms of use, rules, processes, and procedures governing the application for and use of United TLD Holdco Ltd. t/a Rightside Registry's ("Rightside") service preventing registration of certain second-level domain names ("SLDs") in all the top-level domains ("TLDs") owned and operated by Rightside (each a "DPML Block" and collectively, the "DPML Service"). In this Agreement "you" and "your" refer to you, and "we", "us" and "our" refer to eNom, Inc. Except for terms defined in the body hereof, capitalized terms used herein are defined in Section 28 of this Agreement.
- CHANGES TO THIS AGREEMENT.This Agreement may change over time, either through amendments by us, changes to Rightside Policies or applicable law which may or may not be reflected in the text of this Agreement, or otherwise. Any such change will be effective immediately upon posting to this website. If, as a result of such a change, you no longer agree with the terms of this Agreement, your exclusive remedies are (a) to transfer your DPML Blocks to another eligible registrar, or (b) to cancel your DPML Service with us. Your continued use of the DPML Service with us following any such change in this Agreement indicates your consent to the change.
- YOUR ACCOUNT.You must create an account to submit a DPML Application and use the DPML Service ("Account"). You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of your Account by you or any third party.
- You must provide certain current, complete and accurate information about you with respect to your Account information. You must maintain and update this information as needed to keep it current, complete, and accurate.
- In order to change any of your Account information, you must access your Account with us. It is your duty to safeguard your Account login identifier and password from any unauthorized use. Any person in possession of your Account login identifier and password will have both the ability and your authorization to modify your Account and DPML Block(s), initiate transfers of your DPML Blocks to other registrars, and take other actions which may affect or terminate your rights and access to the DPML Service.
- We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and such reasonable precautions include procedures for releasing Account access information to parties who claim to have lost Account access information. If we take reasonable precautions in relation thereto, IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND IN SECTION 22 BELOW IN THIS AGREEMENT.
- If you contact us alleging that a third party has unauthorized access to your Account or DPML Block(s), we may charge you administrative fees, currently set at fifty dollars (US$50) per hour, for our time spent in relation to the matter, regardless of whether or not we return control over the Account and/or DPML Block(s) to you. You will indemnify us for any reasonable attorneys' fees and costs we may incur in relation to the matter, even if those fees and costs accrue as a result of defending an action, or responding to a threat of an action, initiated by you or a third party.
- ELIGIBLE APPLICANTS.Each DPML Application must include one or more SMD Files corresponding to the applied-for SLD and must meet the qualifications specified by ICANN and detailed in the TMCH Guidelines, as they may change from time to time.
- APPLICATION CONTENT.For each DPML Application, you must provide the following (the "Application Content"):
- Name of DPML Block holder (must match name from SMD file);
- SLD requested to be put under DPML Block;
- The corresponding SMD File as issued by the TMCH;
- Name of DPML Block holder's representative submitting the DPML Block Application, including administrative and technical contact, street address, country and postal code, email address, telephone number and fax number; and
- The corresponding DPML Block Request fee.
- DPML Applicants.You acknowledge and agree:
- To grant Rightside and its contracted parties a fully paid, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license and approval to host, cache, copy, display Application Content to WHOIS or report publicly, in whatever method or format Rightside chooses, for the purpose of and in conjunction with effectuating the DPML Service;
- That the DPML Application is made in good faith and for a lawful purpose, that you own or have permission to use and submit the Application Content, and that such usage and submission does not infringe or violate applicable license agreements, laws, regulations, or rights of any third party;
- That the Application Content is and will remain accurate, current and complete throughout the applicable DPML Block period, and that if Rightside has reason to believe that the Application Content is untrue, inaccurate, out-of-date or incomplete, after providing us five (5) days notice to correct such information or give reasonable assurance to Rightside of such information's accuracy, Rightside reserves the right in its sole discretion to deny or cancel the underlying DPML Block;
- That you have and will keep in effect during use of the DPML Service, all licenses and approvals necessary to grant Rightside and its subcontractors these rights and that they will be provided at no charge to Rightside upon request;
- That Rightside, in its sole discretion, may temporarily suspend the DPML Service to one or more registrars or users to minimize threats to the operational stability and security of the DPML Block databases and the registry owned and operated by Rightside; provided, however, that a suspension of the DPML Service will not allow registrations to occur for SLDs under DPML Block that would not otherwise be permitted by the Rightside Policies when the DPML Service is fully operational;
- That the modification or cancellation of any DPML Blocks in accordance with the Rightside Policies will not result in any refund of any DPML Block fees; and
- That you accept and will abide by the Rightside Policies, which are incorporated herein by reference.
- DPML BLOCK CREATION. Rightside will only create or modify a DPML Block of a String insofar and to the extent that certain requirements are met. Such requirements include the following:
- The String meets the criteria in Section 7 below;
- The String and the information contained in the request meet the requirements in this Agreement;
- The String is not already under DPML Block; and
- The String in the SMD File either: (i) exactly matches the applied-for SLD, or (ii) is contained in the applied-for SLD (e.g., if the String "sample" is in the SMD File, a DPML Block may be applied for any of the following SLDs: "sample", "musicsample", "samplesale", or "thesampletest");
- DPML BLOCK REQUIREMENTS. Rightside will not accept a DPML Application unless the applied-for SLD meets applicable requirements as defined in RFC 1035, RFC 1123, and RFC 2181, including the following technical and syntax requirements:
- The SLD must consist exclusively of the letters A-Z (case insensitive), the numbers 0-9, and hyphens;
- The SLD cannot begin or end with a hyphen;
- For DPML Blocks in IDNs, blocked SLDs must be in the languages Rightside offers and supports as specified on the Rightside Website;
- The SLD can only have two consecutive hyphens (-) in the 3rd and 4th positions, when preceded by "xn" and followed by a label that corresponds with an IDN containing characters referred to in (c) above;
- The SLD cannot exceed sixty-three (63) characters; and
- The TMCH-eligible term in the SMD File must contain at least three (3) characters.
- DPML BLOCK EXCEPTIONS. DPML Blocks will not apply to:
- Reserved Domain Names, though the SLD may be blocked in some TLDs where the SLD is not a Reserved Domain Name; or
- Registered Names.
- DPML BLOCK BEHAVIOR.DPML Blocks:
- Will be published to WHOIS and provide information for the DPML Block holder of any SLDs under DPML Block;
- Will not result in a Domain Name that resolves on the public Internet;
- Are subject to periodic review by Rightside to verify that the applicable TMCH entry remains valid;
- Will be applied, at no additional cost, to SLDs that were not available at the time of a DPML Block, but that later change to Available SLDs;
- Will be applied, at no additional cost, to Domain Names that are no longer categorized as Reserved Domain Names;
- Will be applied, at no additional cost, to TLDs that are later owned and operated by Rightside;
- May, at Rightside's option, cease to be applied to TLDs that are no longer owned and operated by Rightside; and
- Are subject to Override.
- OVERRIDES. An applicant for a Registration with a String in its SMD File that exactly matches the SLD under DPML Block may Override the existing DPML Block and purchase a Registration for a Domain Name containing that SLD.
- RIGHTSIDE'S RIGHTS REGARDING DPML APPLICATIONS. You acknowledge and accept that Rightside shall be entitled but not obliged to reject a DPML Block, or to delete, revoke, cancel or transfer a DPML Block:
- To enforce Rightside Policies and ICANN Requirements, each as amended from time to time;
- That is not accompanied by complete and accurate information as required by ICANN Requirements or Rightside Policies or where required information is not updated or corrected as required by ICANN Requirements and/or Rightside Policies;
- To protect the integrity and stability of the SRS or the operation or management of the registry owned and operated by Rightside;
- To comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court or administrative authority or any dispute resolution service provider Rightside may hereafter retain to oversee the arbitration and mediation of disputes;
- To establish, assert, or defend the legal rights of Rightside or a third party or to avoid any actual or potential civil or criminal liability on the part of or damage to Rightside or its affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders;
- To correct mistakes made by Rightside or any DPML Registrar in connection with a DPML Block;
- If Rightside receives notice that the SMD File is under dispute; or
- As otherwise provided in the Registry-Registrar Agreements entered into by Rightside.
- DPML BLOCK PERIOD. Each DPML Application or DPML Block renewal incurs a non-refundable one-time fee based on the requested duration of the DPML Block, which must be one (1) year. Unless otherwise terminated or subject to an Override, DPML Blocks will expire on the same day of the month within which the DPML Block was created unless it was created on February 29, in which asset it will expire on March 1. DPML Blocks may be renewed for subsequent periods of one (1) year, subject to payment of the then-current fees.
- NOTIFICATION.
- By submitting a DPML Application, you agree that we and Rightside and its agents are authorized to share information relating to you and your DPML Application. If you proceed with a DPML Block, you will be deemed to be on notice of the intellectual property rights of others in the TMCH.
- It is not our or Rightside's obligation to notify you in advance of the termination or expiration (for any reason) of a DPML Block. Rightside shall be entitled but not obligated to immediately suspend or cancel any DPML Block that is in breach of this Agreement, Rightside Policies, or any other applicable law or regulation.
- If Rightside has reason to believe that the Application Content is untrue, inaccurate, out-of-date or incomplete and notifies us of the same, we will promptly notify you and request that you correct such information or give us reasonable assurance of such information's accuracy. You will respond to any such request within one (1) day.
- TRANSFERS. Unless otherwise provided in this Agreement, you may transfer your DPML Block(s) to another eligible registrar that is willing to accept such transfer. To transfer your DPML Block(s) you should first login to your Account to lock or unlock your DPML Block(s) and/or to obtain the authorization code which is required to transfer your DPML Block(s). Alternatively, you may contact us to have your DPML Block(s) locked or unlocked or to obtain the authorization code. Only the DPML Block holder and the DPML Block holder's administrative contact may approve or deny a transfer request. Without limitation, DPML Blocks may not be transferred within sixty (60) days of initial registration, within sixty (60) days of a transfer, if there is a dispute regarding the identity of the DPML Block holder, if you are bankrupt, or if you fail to pay fees when due. Transfer requests typically take five (5) business days to be processed. A transfer will not be processed if, during this time, the DPML Block expires, in which event you may need to reinstate the transfer request following a redemption of the DPML Block, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at Rightside. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A BLOCK PERIOD.
- FEES; PAYMENT ISSUES. FEES; PAYMENT ISSUES.
- At the time of your DPML Application or DPML Block renewal, you agree to pay the applicable fees communicated to you. You also agree to pay any other fees that Rightside may establish with respect to your use of the DPML Service. For the avoidance of doubt, each SLD that a DPML Application requests to be blocked will incur a separate DPML Block fee. All fees are non-refundable, in whole or in part, even if you do not obtain a DPML Block or if your DPML Block is rejected, deleted, revoked, canceled or transferred by Rightside. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.
- 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 hereunder, we may suspend access to any and all Accounts you have with us. We may reinstate your rights to and control over these Accounts solely at our discretion, and subject to our receipt of the unpaid fees and any reinstatement fee set forth on our website or otherwise communicated to you. If you have an issue with credit card or other payment charges, you should contact us regarding the issue before you contact your credit card or other payment process company to request a charge back or reversal of the charges.
- RESERVED SLDs; AVAILABILITY. We make no guarantee regarding DPML Block availability. Rightside may reserve at any time certain SLDs from DPML Block, including, without limitation, SLDs:
- Reserved for operations and other purposes, including without limitation certain Premium Names, which Rightside may change from time to time.
- Reserved or restricted to comply with applicable ICANN Requirements or Rightside Policies, including those reserved for certain third parties.
- Still pending, in process, or otherwise not available, such as Domain Names that are still pending processing of Sunrise Registration.
- That are already under Registration or subject to an active DPML Block, unless an exception applies (e.g., Override).
We recommend checking registered Domain Names for DPML Block availability before purchasing a DPML Block.
- TERMINATION; SUSPENSION.
- This Agreement will continue in effect until terminated pursuant to the terms hereof.
- We may suspend your Account at any time for cause, which includes your breach of any term of this Agreement, as determined by us in our sole discretion.
- Our agreement with Rightside pertaining to the DPML Service may eventually be terminated. In the event of such termination, (i) this Agreement will automatically be terminated, and (ii) Rightside may, among other things, transfer your DPML Blocks under our management or sponsorship to another eligible registrar.
- At any time and for any reason, we may terminate this Agreement thirty (30) days after we send notice of termination via mail or email, at our option, in accordance with the Account information you have provided. Following notice of termination, you must transfer your DPML Block(s) to another eligible registrar within such thirty (30) day notice period or risk that we may delete your Account.
- DISPUTE RESOLUTION PROCEDURES. You agree to participate in good faith and abide by any determinations made as part of Rightside's dispute resolution procedures, including without limitation the AUP, the URS, and the UDRP.
- DETERMINATIONS FINAL. The determinations of Rightside and the TMCH regarding any Applications, DPML Applications, Registrations, or DPML Blocks shall be final and non-appealable.
- PREVENTING ABUSE. If you or your agents are found to have repeatedly engaged in abusive registrations or practices, you and your agents may be disqualified from maintaining any current or future Registrations or DPML Blocks by Rightside.
- DISLAIMER.
- WE AND RIGHTSIDE DO NOT WARRANT UNINTERRUPTED, SECURE OR ERROR-FREE OPERATION OF THE DPML SERVICE, OR THAT WE OR RIGHTSIDE WILL BE ABLE TO PREVENT THIRD PARTY DISRUPTIONS OF THE DPML SERVICE OR RELATED SERVICES OR THAT WE OR RIGHTSIDE WILL CORRECT ALL DEFECTS.
- SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, WE AND RIGHTSIDE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE DPML SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF NON-INFRINGEMENT.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY WE OR RIGHTSIDE, OR EITHER'S OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS OR AGENTS, WILL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE DPML SERVICE, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
- THE FOREGOING DISCLAIMERS CONTAINED IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
- LIMITATION OF LIABILITY.
- IN NO EVENT WILL WE OR RIGHTSIDE, OR EITHER'S OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES THAT MAY RESULT FROM:
- THE ACCURACY, COMPLETENESS, OR CONTENT OF THE DPML SERVICE;
- THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER;
- ANY UNAUTHORIZED ACCESS TO OR USE OF THE DPML SERVICE OR OUR DPML SERVICE ACCOUNT;
- ANY INTERRUPTION OR CESSATION OF THE DPML SERVICE;
- ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR SIMILAR CODE, FILES OR PROGRAMS WHICH MAY BE TRANSMITTED TO OR FROM THE DPML SERVICE; OR
- ANY SUCH LOSSES OR DAMAGES INCURRED AS A RESULT OF YOUR USE OF THE DPML SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT WILL WE BE LIABLE FOR ANY ACTS OR OMISSIONS OF RIGHTSIDE.
- ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DPML SERVICE, INCLUDING ANY CAUSE OF ACTION AGAINST RIGHTSIDE, MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY WAIVED.
- YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL OUR OR RIGHTSIDE'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT PAID FOR ACCESS TO THE DPML SERVICE.
- THE FOREGOING LIMITATION OF LIABILITY CONTAINED IN THIS SECTION 22 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
- INDEMNIFICATION.
- You agree to protect, defend, indemnify and hold harmless us and our affiliates, and the officers, directors, employees, affiliates, subcontractors and agents of each, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by such party, directly or indirectly, arising from (i) your violation or alleged violation of any provision of this Agreement, including the Rightside Policies; (ii) your DPML Application(s); (iii) your DPML Block(s); or (iv) your use of the DPML Service. We may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this Section. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you. The indemnification obligations under this Section shall survive any termination or expiration of this Agreement or use of the DPML Service.
- You agree to hold Rightside harmless from claims filed or disputes initiated by third parties, and that you shall compensate Rightside for any costs or expenses incurred or damages for which they may be held liable as a result of third parties taking action against it on the grounds that the DPML Application infringes the rights of a third party.
- INTERNATIONAL TRANSFERS. Information you provide us, including Application Content, may be transferred across international boundaries, and you consent to such transfers.
- GOVERNING LAW AND JURISDICTION FOR DISPUTES. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration in King County, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your Account or by electronically transmitting a true copy of the papers to the email address listed by you in your Account.
- NOTICES. Any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account information you have provided.
- GENERAL. This Agreement, all applicable ICANN policies, the Rightside Policies and other policies of Rightside, including but not limited to the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us 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 us 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. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us. The parties hereby incorporate the requirements of 41 CFR 60-1.4(a), 300.5(a) and 741.5, if applicable.
- DEFINITIONS. In addition to those definitions set forth elsewhere in the Agreement, the following capitalized terms have the meanings set forth below:
- "AUP" means Rightside's policy regarding acceptable use of its services, as may be amended from time to time, located at Rightside Website.
- "Available SLDs" are SLDs that have not been blocked, reserved, registered, awarded, or otherwise previously allocated by Rightside prior to that receipt of an Application for a DPML Block.
- "Domain Name" means domain name in and maintained by Rightside's database consisting of at least the SLD and TLD together, separated by a dot (e.g., "second.top").
- "Rightside Policies" means the rules, protocols, policies or procedures adopted and/or amended from time to time by Rightside, found at www.rightside.co/rightside-registry/policies.
- "Rightside Website" means www.rightside.co or any other URL directed from such website.
- "DPML" or "Domain Protected Marks List" means the service that blocks certain SLDs from Registration across all TLDs owned and operated by Rightside.
- "DPML Application" means a complete, technically correct request for a DPML Block made with Rightside, which complies with all the respective requirements, submitted by us.
- "DPML Block" means the block preventing the Registration of a SLD across all TLDs then owned and operated by Rightside (e.g., a DPML Block for "second" will generally block that SLD from being registered in a Domain Name in participating TLDs, such as "second.top").
- "DPML Block Request" is a request submitted by a DPML Registrar on behalf of an Applicant who desires to block from registration names contained within the SMD File.
- "DPML Registrar" means an entity authorized by Rightside to sell DPML Blocks on its behalf.
- "ICANN" means the Internet Corporation for Assigned Names and Numbers.
- "ICANN Requirements" means all applicable ICANN policies, including the Registry Agreement.
- "IDN" means Internationalized Domain Name.
- "Override" means the Registration of a Domain Name where a DPML Block currently exists by a Registrant holding an SMD File that contains the SLD String that exactly matches the SLD String in the applied- for Domain Name.
- "Premium Name" is a Domain Name designated by Rightside, in its sole discretion, for non-standard pricing.
- "Registered Name" means a Domain Name that has been registered in and is maintained by Rightside.
- "Registrant" means the Registered Name holder.
- "Registrar" means a Domain Name registrar sponsoring an applicant for a Registration that is (i) accredited by ICANN and (ii) has entered into a Registry-Registrar Agreement with Rightside.
- "Registration" means a Domain Name and its associated information (e.g., WHOIS data) submitted by a Registrar that has been accepted by Rightside.
- "Registry Agreement" means the Registry Agreement between Rightside and ICANN for the operation of the TLD, as amended from time to time, and as posted on the ICANN website.
- "Registry-Registrar Agreement" is the agreement between Rightside and certain Registrars, as amended from time to time.
- "Reserved Domain Name" means a Domain Name that has been set aside by Rightside pursuant to the terms and conditions of Rightside.
- "RFC" means the Request For Comment specifications located at www.ietf.org.
- "SMD" File is the file issued by the TMCH proving that the TMCH application data for one or more TMCH-eligible terms--typically a trademark--have been successfully validated and entered into the TMCH database.
- "Shared Registration System" or "SRS" means the system of computers, networking equipment, data stores, software services and network connectivity that allows Registrars to provision objects for the purpose of applying for, registering, modifying and maintaining Registrations and allows DPML Registrars to provision objects to apply for, register, modify and maintain DPML Blocks.
- "String" means a series of alphanumeric characters, including dashes when not preceding or finishing the alphanumeric character set. For purposes of clarity only, this includes Punycode conversions of IDNs.
- "Sunrise" means the period of time noted by Rightside's terms and conditions.
- "Sunrise Registration" means a Domain Name Registration resulting from an approved Sunrise Application.
- "TMCH" means the Trademark Clearinghouse, which is the mechanism made available for the validation and database management of rights protected terms, typically trademarks.
- "TMCH Guidelines" means the then effective guidelines found at www.trademark-clearinghouse.com.
- "TLD" means top-level domain, representing the String to the right of the dot (e.g., in the Domain Name "second.top", ".top" is the TLD).
- "UDRP" means ICANN's Uniform Dispute Resolution Process, as applied and amended.
- "URS" means ICANN's Uniform Rapid Suspension System.
- "WHOIS" means the publicly available and transaction-�oriented query/response protocol specified by RFC 3912 used to provide identifying information regarding Registrants on the Internet.