[Courtesy translation] JapanRegistry Domain Registration Regulations
THIS LEGAL AGREEMENT (HEREINAFTER REFERRED TO AS THE gREGULATIONSh) BETWEEN YOU AND GMO INTERNET, INC. (HEREINAFTER REFERRED TO AS gGMOh) SETS OUT THE TERMS AND CONDITIONS FOR THE PROVISION OF THE eJAPANREGISTRYf DOMAIN REGISTRATION SERVICE (HEREINAFTER REFERRED TO AS THE gSERVICEh).
CHAPTER 1 - GENERAL RULES
EArticle 1. Definitions
- 1.1 gContact Personh refers to a person responsible for items regarding maintenance and management of the corresponding Domain Name registration under the authorization of the Registrant of the corresponding Domain Name and is listed in the registration information of the Domain Name. The Registrant may also be a Contact Person. Contact persons are classified into the following types and the same person may be assigned to more than one of the following types:
- (a) gAdministrative Contacth refers to a person delegated by a Registrant of a domain name to administer the Domain Name and is listed as the gAdministrative Contacth in the Domain Name Registration Information.
- (b) gTechnical Contacth refers to a person responsible for technical aspects of a Domain Name and is listed as the gTechnical Contacth in the Domain Name Registration Information.
- (c) gBilling Contacth refers to a person responsible for the financial aspects of a Domain Name and is listed as the gBilling Contacth in the Domain Name Registration Information.
- 1.2 gDetailed Regulationsh means the separate annexes attached to the Regulations, which form part of the entire agreement between the User and GMO.
- 1.3 gDomain Nameh or gDomainh refers to second and third level domain names preceding top level Domains such as g.comh and g.jph.
- 1.4 gDomain Name Disputeh refers to a dispute between the Registrant and a third party resulting from the registration or use of a Domain Name registered by a Registrant.
- 1.5 gDomain Name Registration Agreementh means a legal contract entered into between GMO and an individual or entity based on the provisions of the Regulations.
- 1.6 gDomain Name Registration Informationh refers to any and all information provided by the Registrants during the registration process of the corresponding Domain Name.
- 1.7 gMemberh is a person to whom GMO has provided a designated ID and password (hereinafter referred to as gID, etc.h) based on the provisions in Chapter 2. The Member possesses the rights of a Member stipulated in the Regulations and assumes the corresponding obligations. In addition, membership may be given to Registrants or Contact Persons, and in these cases, the Registrants and Contact Persons possess rights and obligations based on their respective positions. For the avoidance of doubt, a gMemberh includes a Registrant.
- 1.8 gProcedure Deadlineh refers to the end date and time of the registration term of a Domain Name or a specific date and time set by notifying the Registrant beforehand in accordance with the specifications stipulated in Article 5.
- 1.9 gRedemption Grace Periodh refers to the period (to be separately stipulated by GMO) after each period listed:
- 1.10 gRegistranth refers to entities that have concluded a Domain Name Registration Agreement with GMO based on the provisions of the Regulations. A Registrant shall have the authority to possess the corresponding Domain Name and shall be designated as the gRegistranth in the Domain Name Registration Information.
- 1.11 gRegistrarh refers to individuals or enterprises that behave as an interface between the Registrants and the Registry. A Registrar submits zone file information for entry into the database possessed by the Registry.
- 1.12 gRegistryh refers to an organization which possesses (i) a database that includes the zone files of Domain Names corresponding to the various IP addresses; (ii) any other data related to the Domain Names (including low level Domain Names); and (iii) the administrative authority and obligations over the database. In addition, in the event the administrative authority and obligations over the database is given to a third party, the term gRegistryh shall also refer to such a third party.
- 1.13 gRegistration Expiry Dateh refers to the final day of the registration term of a Domain Name.
- 1.14 gRenewal Grace Periodh refers to the period (to be separately stipulated by GMO) beginning from the day after the Registration Expiry Date. During the Renewal Grace Period, the registration agreement for a Domain Name may be renewed by following the agreement renewal procedure (to be separately stipulated by GMO).
- 1.15 gServicesh has the meaning attributed to it by Article 2.2.
- 1.16 gTransfer Outh refers to the procedure to transfer administration of a Domain Name from the Service to another service.
- 1.17 gUse of a Domain Nameh refers to using the Domain Name for releasing websites and sending and receiving email.
- 1.18 gUserh refers to any Member or Registrant who uses the Service provided by GMO.
EArticle 2. General Rules
- 2.1 By using the Service provided by GMO, a User accepts and agrees to the terms and conditions below as a legal contract between the User and GMO in relation to the Service. User are advised to read through and understand the terms and conditions in the Regulations thoroughly before using the Service.
- 2.2 GMO provides the following services to the User (the gServicesh):
- (a) The registration of a Domain Name;
- (b) The renewal of a Domain Name Registration Agreement;
- (c) The transfer of a Domain Name;
- (d) The administration of a registered Domain Name;
- (e) The provision of DNS settings for a registered Domain Name; and
- (f) The services related to (a) to (e) above (to be separately stipulated by GMO).
- 2.3 The Service is managed by GMO as an official Registrar accredited by the Internet Corporation for Assigned Names and Numbers (hereinafter referred to as gICANNh) and licensed from the Registry of top-level Domains under the said accreditation and license.
EArticle 3. Domain Types
- 3.1 The Service shall apply to the following types of Domains:
- (a) .com domain;
- (b) .net domain;
- (c) .org domain;
- (d) .tv domain;
- (e) .jp domain;
- (f) .biz domain;
- (g) .info domain;
- (h).cn domain; and
- (i).mobi domain.
- 3.2 GMO reserves the right to impose additional terms and conditions unique to each of the Domains listed under Article 3.1 in the Detailed Regulations. Where such additional terms and conditions conflict with the terms of the Regulations, the former shall prevail. A Memberfs continued use of the Service will be deemed acceptance hereof.
EArticle 4. Compliance with Laws and Regulations
- 4.1 The terms and conditions contained in the following agreements shall prevail over the terms of the Regulations:
- (a) The Registrar Accreditation Agreements (including any subsequent modifications) made and entered into by and between GMO and ICANN;
- (b) The Registrar licence agreements (including any subsequent modifications) made and entered into by and between GMO and the Registries; and
- (c) The policies, instructions, guidelines and other arrangements adopted by ICANN and the Registries.
- 4.3 By registering for a Domain Name, a Registrant shall be deemed to have agreed to the gUDRPh as set forth in Article 24 and any applicable dispute resolution policies applied to the Domain Name pursuant to the matters listed in Article 4.2.
EArticle 5. Notification
- 5.1 GMO reserves the right to notify Members in such circumstance as GMO, in its sole discretion, considers necessary. GMO also reserves the right to notify Members in such form and manner as GMO, in its sole discretion, deems fit. Such notifications may include, but is not limited to, (i) publication on GMOfs website; (ii) electronic mail; (iii) facsimile; or (iv) by personal delivery.
- 5.2 Subject to Article 5.3, any notice shall be deemed to be duly served:
- (a) if sent via fax or personal delivery, on the date and/or time when GMO transmits or sends the documents.
- (b) if sent via publication on GMOfs website, on the date and/or time when GMO publishes such content or documents on its website; and
- (c) if sent via electronic mail, on the date and/or time when GMO transmits or sends such documents.
- 5.3@In the event that the notice is for the acceptance of any application and served by Electromagnetic Means (including electronic mails, fax, website and other means of using an electronic data processing system or other means of using information and communications technology), such notice shall be deemed to be effective from the moment that the documents become capable of being retrieved by the addressee.
CHAPTER 2 - MEMBERS
EArticle 6. Definition of Member and Membership
- 6.1 An individual interested in becoming a Member shall apply for membership registration according to the method stipulated by GMO. An applicant shall be deemed to be a Member on the date when GMO issues the said applicant with an ID and password.
- 6.2 Notwithstanding Article 6.1, GMO may issue an ID and password and provide a Registrant, who is not a Member, with authority equivalent to a Member for the administration of the corresponding Domain Name only in the following circumstances at own discretion:
- (a) If both GMO and the Registrant cannot contact the Member through telephone, electronic mail, or otherwise;
- (b) If GMO is satisfied that there is sufficient evidence that the Member has delegated or assigned the right to register the particular Domain Name to the Registrant; and/or
- (c) If GMO is otherwise satisfied that the Registrant should be granted such authority.
- 6.3 GMO shall not be liable for any damages or losses suffered by the Member, Registrant or other third parties arising from the issuing of any ID and password and/or providing a Resistant with authority equivalent to a Member in accordance with Article 6.2.
- 6.4 A single individual may possess multiple Member IDs.
EArticle 7. Membership Term
- 7.1 Membership shall continue to be effective unless terminated by either party in accordance with the terms of the Regulations.
EArticle 8. Termination by Members
- 8.1 Subject to Articles 8.2 to 8.4, Members may terminate their membership at any time by following the procedures stipulated by GMO.
- 8.2 A Member shall only be entitled to terminate his/her membership with GMO if he/she has terminated all existing agreements with GMO in relation to any services offered by GMO to him/her.
- 8.3 GMO shall be entitled to deem a declaration of intent by a Member to terminate his/her membership as a declaration of intent to terminate all existing agreements with GMO in relation to any services offered by GMO to him/her.
- 8.4 GMO shall not be liable for any damages or losses suffered by the Member, Registrant or other third parties arising from the termination of membership.
EArticle 9. Termination by GMO
- 9.1 GMO reserves the right to terminate or suspend the membership of the Member with immediate effect without any prior notice to the Member in the event that
- (a) The Member has violated or is likely to violate the Regulations;
- (b) The Member has violated or is likely to violate any other agreements with GMO in relation to any services offered by GMO to the Member;
- (c) An encumbrancer takes possession or a receiver is appointed over any of the property or assets of the Member (including similar cases based on foreign laws);
- (d) The Member has become subject to a ruling for commencement of guardianship (including similar cases based on foreign laws);
- (e) The Member becomes insolvent, or makes any voluntary assignment or other arrangement for the benefit of its creditors or becomes subject to an administration order (including similar cases based on foreign laws);
- (f) The Member is dissolved or liquidated (whether compulsory or voluntary);
- (g) The Member ceases, or threatens to cease, to carry on business; and/or
- (h) GMO otherwise deems, in its sole discretion, that the Member is unsuitable for membership.
- 9.2 In the event a Member falls under any of the above items in the preceding clause, the Member shall lose the benefit of term and the remaining debt shall be redeemed in a lump sum payment. Even in this case, the right to claim compensation for damages to the Member may be executed.
EArticle 10. Prohibition against Transfer of Membership
- 10.1 A Member shall not transfer or lend his/her membership to any other third party, or allow any other third party to pledge the membership as collateral, unless GMO has provided its prior consent.
EArticle 11. Administration of IDs
- 11.1 A Member shall administer the Member IDs with a reasonable amount of care and skill.
- 11.2 In the event that any Member IDs are lost, leaked, or stolen, the Member shall report this immediately to GMO and comply with all instructions given by GMO.
- 11.3 Any use of the Member IDs shall be directly attributable to the corresponding Member, unless such Member IDs were used by a third party due to the fault of GMO.
- 11.4 GMO shall not be liable for any damages or losses suffered by the Member, Registrant or other third parties arising from any lost, leaked, or stolen Member IDs.
EArticle 12. Changes to Member Information
- 12.1 A Member shall immediately update GMO, in a manner prescribed by GMO, of any Member information which is incorrect.
- 12.2 For corporate Members, in the event where a merger takes place and the Member is to be taken over, the corporation(s) which succeeds the Member shall be deemed to be the Member, in the absence of any declaration of special intent. The corporation(s) which succeeds the Member shall be deemed to have agreed with the terms and conditions of the Regulations at the time of succession.
- 12.3 GMO shall not be liable for any damages or losses suffered by the Member, Registrant or other third parties arising from any incorrect information.
EArticle 13. Protection of Member Information
- 13.2 GMO may collect the personal information of Members directly from the Members or from other third parties. The Member agrees that such information collected may be stored by GMO for a necessary period of time in order to secure the smooth provision of Member services.
- 13.3 GMO shall not disclose such personal information to any other party other than the Member. GMO may only disclose such personal information to any partners or affiliates of GMO if such disclosure is necessary for the provision of Member services, the purpose of such disclosure is communicated to the Member.
- 13.4 Notwithstanding Article 13.3, GMO reserves the right to disclose such personal information in order to ensure compliance with any laws and regulations or any court order (for the avoidance of doubt, such laws and regulations and/or court orders shall not be limited to Japan only). The Member agrees that such personal information may be disclosed without any prior notice to the Member, unless required by any law, regulations or court order.
- 13.5 Notwithstanding Article 13.3, GMO reserves the right to disclose such personal information to the extent deemed necessary under any laws and regulations (for the avoidance of doubt, such laws and regulations shall not be limited to Japan only) in order to respond to any inquiries made by those possessing the legal authority to make such inquiries (including but not limited to police officers, prosecutors, and government agencies) provided that prior notice is given to the Member of such disclosure.
- 13.6 In the event that a Member terminates his/her membership with GMO, GMO reserves the right to store or archive such personal information for a period of time not longer than that stipulated by any laws and regulations. However, in case GMO considers the saving of such information as necessary even after these designated periods, GMO may continue to save the information based on the judgment of GMO.
CHAPTER 3 - DOMAIN NAME REGISTRATION AND USE
EArticle 14. Domain Name Registration Procedure
- 14.1 Parties interested in registering a Domain Name with GMO shall apply for the registration of such a Domain Name by proposing a name for the domain and by providing, in the form and manner stipulated by GMO, such information as GMO may prescribe.
- 14.2 Once the information has been provided to GMO in accordance with Article 14.1, GMO shall notify the fee for the Registrant beforehand in accordance with the provisions in Article 5. GMO shall only proceed with the designated procedure with the Registry upon the payment of such fees by the Registrant to GMO.
- 14.3 A Domain Name shall only be deemed to be registered after the information (as stipulated in Article 14.1) has been entered into the database of the Registry.
- 14.4 Once a Domain Name has been registered, it shall not be changed unless otherwise provided for in the Regulations.
EArticle 15. Domain Name Registration Period
- 15.1 A Domain Name in the Service shall continue to be valid for the period initially selected by the Registrant (the gInitial Periodh). Thereafter, if the Domain Name Registration Agreement is renewed, the Domain Name in the Service shall continue to be valid for the period selected by the Registrant during such renewal (the gRenewal Periodh). The Initial Period and Renewal Period shall be collectively referred to as the gRegistration Periodh.
- 15.2 The Registration Period may not be altered except in accordance with Article 15.3 and Article 16.
- 15.3 GMO reserves the right to extend the Registration Period based on any decisions made by the Registry of the Domain Name. In addition, in the event that additional fees are required for the extension of the Registration Period, GMO shall notify the Registrant beforehand in accordance with the provisions in Article 5.
EArticle 16. Renewal of the Domain Name Registration Agreement
- 16.1 GMO shall send renewal reminders via electronic mail to Members who manage the corresponding Domain Names and their Registrants on the schedule as provided for by GMO before the Procedure Deadline for the Domain Names.
- 16.2 A Registrant who wishes to renew the Domain Name Registration Agreement shall follow the renewal procedure as provided for by GMO before the Procedure Deadline for the Domain Name.
- 16.3 If any additional fees are required for the renewal of the Registration Agreement, GMO shall notify the Registrant beforehand in accordance with the provisions in Article 5. GMO shall only proceed with the designated procedure with the Registry upon the payment of such additional fees by the Registrant to GMO.
- 16.4 Except in the case of automatic renewal, the Registration Agreement shall only be deemed to be renewed when the information provided pursuant to Article 16.2 has been entered into the database of the Registry. Automatic renewal occurs when GMO does not delete the Domain Name within the Renewal Grace Period.
- 16.5 Notwithstanding Article 16.2, for Domain Names with a Renewal Grace Period, the Registrant may apply to renew the Registration Agreement according to the renewal procedure as provided for by GMO after the Procedure Deadline but before the expiry of the Renewal Grace Period.
- 16.6 Regarding domain types that have a Renewal Grace Period, the existing DNS resolution path will be interrupted by GMO immediately after the Registration Expiry Date and it may last eight or more consecutive days. It will help the Registrant and/or the Member to realize that the Domain Name registration has expired. The DNS resolution path will be restored upon renewal or restoration of the Domain Name registration.
- 16.7 For Domain Names with a Redemption Grace Period, a Registrant may only redeem the registration of the Domain Name during the Redemption Grace Period only in unavoidable circumstances. The Registrant shall follow the redemption procedure as provided for by GMO.
- 16.8 GMO does not guarantee the success of any renewal during the Renewal Grace Period (as stipulated in Article 16.5) or any redemption during the Redemption Grace Period (as stipulated in Article 16.7).
- 16.9 In the event that a Registrant does not complete the renewal procedure within the Renewal Grace Period (as stipulated in Article 16.5) or does not complete the redemption procedure within the Redemption Grace Period, if any (as stipulated in Article 16.7), the Domain Name shall be considered as deleted at the end date and time of the Registration Period.
- 16.10 In the event of a successful renewal or redemption, the Registration Agreement shall be considered as renewed as of the Registration Expiry Date.
- 16.11 GMO shall not be liable for any damages or losses suffered by the Registrant or other third parties arising from any failure of renewal or redemption.
EArticle 17. Deletion of Domain Name Registration
- 17.1 Upon deletion of a Domain Name, the registration fee and renewal fee associated with such a Domain Name shall be forfeited.
- 17.2 GMO shall not be liable for any damages or losses suffered by the Registrant or other third parties arising from any deletion of Domain Names.
EArticle 18. Restrictions on Domain Name Use & Cancellation of Domain Name
- 18.1 Members and Registrants shall ensure that their registration or use of the Domain Name will not infringe the rights of any third parties.
- 18.2 GMO may reject any application for registration, cancel or transfer the registration, or temporarily suspend the use of the Domain Name of the Registrant in the event that the Registrant substantially breaches any material provision of the Regulations, provided due notice has been given by GMO of the alleged breach and the Registrant failed to cure such breach within a certain time period (to be stipulated by GMO) upon receipt of the said notice
- 18.3 GMO may reject any application for registration, cancel or transfer the registration, or temporarily suspend the use of the Domain Name of the Registrant in the event that
- (a) the Registrant violates, or threatens to violate, any laws and regulations;
- (b) the Registrant violates, or threatens to violate, any provisions of the ICANN Agreement;
- (c) the Registrant violates, or threatens to violate, the Registry Agreement;
- (d) the Registrant violates, or threatens to violate, the policies;
- (e) the Domain Name is offensive, or threatens to be offensive, to public order and morals;
- (f) the Registrant provides information or content which is offensive, or threatens to be offensive, to public order and morals;
- (g) the Registrant provides information or content which is harmful to minors;
- (h) the Registrant uses an IP address, ID or password for illegal purposes;
- (i) the Registrant indiscriminately transmits large volume of electronic mail to an unspecified number of people without obtaining their prior consent;
- (j) the Registrant uses or provides any harmful programs such as computer viruses or having such programs used;
- (k) the Registrant violates, or threatens to violate, any Internet conventions and voluntary regulations of corporations engaged in the Internet business or Internet users;
- (l) the Registrant otherwise behaves in a way which GMO deems inappropriate; or
- (m) GMO deems it necessary to correct an incorrect Domain Name registration.
- 18.4 When GMO takes measures stipulated in Articles 18.2 and 18.3, excluding the rejection of a registration application, notification pursuant to Article 5 shall be conducted beforehand to the Member, the Registrant or Administrative Contact of the Domain Name in principle. However, in the event of circumstances deemed as inevitable by GMO such as when there is a possibility of a hazard to the life, body or assets of a person, the said notification may be conducted later.
- 18.5 Any cancellation or transfer of registration or any temporary discontinuance of the Domain Name pursuant to Articles 18.2 or 18.3 shall be effective immediately, provided that prior notice is given to the Registrant by GMO. However, any rejection of registration of the Domain Name pursuant to Articles 18.2 or 18.3 shall be effective notwithstanding no prior notice is given to the Registrant by GMO.
- 18.6 In the event a registration application is rejected or the registration procedure is cancelled or the use of a Domain Name is temporarily discontinued, transferred or deleted by GMO in accordance with Articles 18.2, 18.4 and 18.5, the Registrant may not file an objection (including filing a lawsuit, and the same shall apply hereinafter).
- 18.7 In the event the registration or use of a Domain Name is deemed likely to fall under any of the circumstances in Articles 18.2 or 18.3, GMO reserves the right to examine the circumstances for a length of time after any such rejection, cancellation, transfer or discontinuance. GMO reserves the right not to disclose the details of the process and results of such examination to the Registrant.
- 18.8 The Registrant and GMO shall follow the decisions or instructions from ICANN, the Registry, or other Domain Name dispute resolution organizations with accreditation from ICANN.
- 18.9 In regards to a Domain Name whose registration was applied for or is being administered through the Service, in the event that courts, governmental agencies or equivalent public organizations issue rulings, decisions, orders, instructions or other decision makings of rejection of the registration, discontinuance of use or deletion, etc. of the Domain Name, GMO may immediately reject the registration application of the Domain Name or cancel or transfer the registration, or discontinue use of the Domain Name temporarily without the notification stipulated in Article 18.4.
- 18.10 GMO shall not be liable for any damages or losses suffered by the Member, Registrant or other third parties arising from any rejection, cancellation, transfer or discontinuance of the Domain Name.
EArticle 19. Registration via Proxy
- 19.1 In the event that a Domain Name is registered via proxy (such as an Internet service provider, its employees and agencies), the Registrant agrees to directly assume any and all obligations based on the Regulations as a principal.
EArticle 20. Registered Domain Name Use by a Third Party
- 20.1 In the event that a Registrant permits a third party to use the Domain Name of the Registrant, the Registrant shall remain the possessor of the Domain Name and agrees to directly assume any and all obligations based on the Regulations.
CHAPTER 4 - DOMAIN NAME TRANSFER
EArticle 21. Transfer Out
- 21.1 A Registrant may Transfer Out the Domain Name during the Registration Period in accordance with the procedure stipulated by GMO.
- 21.2 In the event a Registrant applies for a Transfer Out of the Domain Name, the Registrant agrees that any other services provided by GMO to the Registrant in relation to the Domain Name shall be terminated as of the date of completion of the Transfer Out.
- 21.3 GMO shall not be liable for any damages or losses suffered by the Registrant or other third parties arising from any Transfer Out of the Domain Name.
- 21.4 Once the Transfer Out of a Domain Name is completed, the Regulations shall be deemed to be terminated as between GMO and the Registrant.
CHAPTER 5 - DOMAIN NAME REGISTRATION INFORMATION
EArticle 22. Administration/ Change/ Use of Domain Name Registration Information
- 22.1 The Registrant agrees that any registration information disclosed to GMO is disclosed as information from a gWHOISh search of the Domain Name which is available pursuant to the ICANN Agreement and policies. In addition, the Registrant agrees to follow any policies established by ICANN in relation to the use of the Domain Name.
- 22.2 The Registrant agrees to comply with the following in relation to the registration information:
- (a) The Registrant shall not provide incorrect, inaccurate or ambiguous registration information;
- (b) In the event that there are changes to the registration information, the Registration shall follow the procedure to update GMO of such changes without delay in order to ensure that the registration information is the most accurate and up-to-date information;
- (c) The Member, the Registrant and Administrative Contact shall be responsible for the obligation in Article 26.2(b);
- (d) GMO shall not be liable for any damage or loss that occurs during the process of updating the registration information;
- (e) The Member, the Registrant and Administrative Contact shall ensure that the information provided to GMO is accurate and sufficient, as well as ensure that they submit the necessary documents to GMO, in order for GMO to update any registration information;
- (f) The Registrant shall be responsible for the acquisition of any necessary documents and shall bear the related expenses for such acquisition;
- (g) In the event communication from GMO is not received by a Registrant due to causes attributable to the Registrant such as invalid registered contact information or failure of the Registrant to provide contact information, GMO shall not be liable for any damages resulting from the failure to receive the communication from GMO.
- (h) Any change of the Registrant of a Domain Name shall be conducted in the manner stipulated by GMO and GMO may request the submission of any relevant materials (including but not limited to the certified copies of a companyfs registration certificate); and
- (i) In the event the registration information contains personal information of a third party, the Registrant shall obtain the full and valid consent from the third party of such disclosure or use of the personal information.
- 22.3 Pursuant to any change of registration information, GMO may request that the Registrant confirm any information provided by the Registrant to GMO. In the event that the Registrant does not reply or respond to such a request after the period of time stipulated by GMO, the provisions in Article 18.2 shall apply.
- 22.4 GMO reserves the right to take any measures necessary in order to prevent the unauthorized disclosure, alteration or destruction of the registration information.
- 22.5 GMO may provide notification regarding registration information with the Registrant using the contents and method stipulated by GMO, and the Registrant shall agree with the provisions of the said notification.
- 22.6 When registration information contains personal information of a third party other than the Registrant, GMO may ask the Registrant to provide notification regarding the personal information of the third party with the said third party in accordance with contents and methods stipulated by GMO.
- 22.7 GMO reserves the right to impose additional conditions upon the Registrantfs use of the registration information, and the Registrant agrees to comply with such additional conditions.
CHAPTER 6 - FEES
EArticle 23. Usage Fees
- 23.1 The Member shall pay to GMO a registration fee for the Initial Period, a renewal fee for each Renewal Period, and any other fees and costs in accordance with a separate fee table (to be provided by GMO) in such method and time stipulated by GMO.
- 23.2 The registration fee for the Initial Period shall be non-refundable once the registration is complete. The renewal fee for a particular Renewal Period shall be non-refundable once the renewal for that particular Renewal Period is complete.
- 23.3 GMO shall notify the Member of any changes in the fees stipulated in Article 27.1 in accordance with Article 5.
CHAPTER 7 - DOMAIN NAME DISPUTE
EArticle 24. Compliance with the Domain Name Dispute Resolution Policy
- 24.1 The gUniform Domain Name Dispute Resolution Policyh (hereinafter referred to as the gUDRPh) is adopted by ICANN and stipulates the basic policy regarding the resolution of domain name disputes. All ICANN-Accredited Registrars are required to adopt the UDRP in the provision of a registration service.
- 24.2 The Registrant agrees that any and all disputes concerning a Domain Name which was validly administered or was applied for in the Service shall be resolved in accordance with the dispute resolution policy as stipulated in the UDRP, except that if any other specific dispute resolution policy (the gSpecific Policyh) governs a particular Domain Name, any disputes for such Domain Names shall be resolved by the Specific Policy.
- 24.3 The Registrant agrees that in the event that there is a Domain Name dispute between the Registrant and a third party, GMO shall not be liable for any loss or damage arising from any failure on GMOfs part in relation to the Domain Name dispute.
CHAPTER 8 - MISCELLANEOUS
EArticle 25. Guarantee
- 25.1 GMO does not guarantee, represent or warrant the completeness or accuracy of the Service.
- 25.2 GMO does not guarantee, represent, or warrant that the Registrantfs use of the Service will be uninterrupted or error-free, and the Registrant agrees that from time to time GMO may remove the Service for indefinite periods of time, or suspend the Service at any time, without notice to you. The Registrant agrees that the use of, or inability to use, the Service is at the Registrantfs sole risk.
EArticle 26. Force Majeure
- 26.1 GMO shall not be liable to the Registrant or Member in the event that the Regulations cannot be performed or its obligations fulfilled for any reason beyond the reasonable control of GMO. This shall mean force majeure and shall include but not be limited to war, hostilities, strikes, Acts of God, breakdown of equipment, fire, flood, earthquake, storm or other natural disaster, acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or focal authority, invasion, act of foreign enemies, civil war, rebellion, labour dispute, strike, lockout, boycott, interruption or failure of electricity, gas, water or telephone service.
EArticle 27. Limitation of Liability
- 27.1 In the event that a Registrant suffers any loss or damage due to the fault of GMO,GMOfs maximum liability to the Registrant, whether in respect of one claim or a series of related claims and whether arising in contract, tort (including, but not limited to, negligence), breach of statutory duty or otherwise, shall not exceed the total monetary amount paid by the Registrant for the registration and renewal of the Domain Name for the past three (3) years immediately preceding the such loss or damage.
- 27.2 In case of Articles 27.1, in the event of damages due to malicious or serious faults of GMO, the provisions in Articles 27.1 shall not apply, and GMO shall compensate for any direct and normal damages suffered by such Registrant.
- 27.3 GMO assumes no responsibility in the event that the Registrant is a corporation or another organization or in the event that the Registrant uses the Service as a business or for a business purpose. Articles 27.1 and 27.2 shall not apply in the event that the Registrant is a corporation or another organization or in the event that the Registrant uses the Service as a business or for a business purpose.
- 27.4 In the event damages occur to a Member who is not the Registrant, GMO shall assume responsibility pursuant to the provisions in Articles 27.1 to 27.3 above.
EArticle 28. Compensation
- 28.1 In the event that a Registrant or a Member causes damage in any way to GMO, ICANN, or the Registry in relation to the Service, or GMO, ICANN or the Registry suffer any damage or incur any expenses (including any reasonable legal fees and costs), the Registrant and/or the Member shall compensate GMO, ICANN or the Registry in full. In addition, the Registrant and the Member shall agree to do their utmost to exclude GMO, ICANN and Registry from liability. Any such compensation shall be separate from any other compensation claim based on the dispute resolution policy.
EArticle 29. Changes to the Regulations
- 29.1 GMO reserves the right to amend the Regulations without consent from the Registrant and Member from time to time. GMO shall notify the Registrant and/or Member of such amendments by publication on GMOfs website.
- 29.2 The revised Regulations shall be valid if sent via publication on GMOfs website, on the date and/or time when GMO publishes such content or documents on its website.
- 29.3 The Registrant and Member shall be deemed to consent the revised Regulations by using the Service after the notification of such amendments.
- 29.4 GMO shall not be liable for any damages or losses suffered by the Registrant or other third parties arising from any amendment of the Regulations.
EArticle 30. Termination of the Regulations
- 30.1 The Regulations shall automatically terminate in the following circumstances:
- (a) When GMO terminates the provision of the Service;
- (b) When either under the ICANN Agreement and/or the Registry Agreement, GMO deems it necessary for the provision of the Service is terminated; and
- (c) When the Service violates any laws and regulations, or any provisions or policies of the ICANN Agreement, Registry Agreement, Internet conventions and any other regulations of corporations engaged in the Internet business or Internet users on a voluntary basis, and where it becomes clear that such violations cannot be resolved within a reasonable period of time.
- 30.2 In the event of termination of the Regulations of the Domain Name, GMO reserves the right to delete the registered Domain Name unless the Domain Name is transferred or the Registrar and the Member of the Domain Name is transferred according to any accepted method of transfer under any laws and regulations, ICANN Agreement or Registry Agreement.
EArticle 31. Governing Law
- 31.1 The Regulations shall be governed by and construed in accordance solely with the laws of Japan.
EArticle 32. Dispute Resolution and Jurisdiction
- 32.1 In the event of any queries or clarifications arising out of, or in connection with, the interpretation of the Regulations, the Member or Registrant agrees that such queries or clarifications shall first be forwarded to GMO. GMO reserves the right, within a reasonable extent, to determine the interpretation of any provision of the Regulations.
- 32.2 In the event of any disputes arising out of, or in connection with, the interpretation of the Regulations provided by GMO as stipulated in Article 36.1, both parties agree that such disputes shall be subject to the exclusive jurisdiction of the Japanese Courts. Both parties agree that the Court of first instance shall be the Tokyo District Court in Japan.
EArticle 33. Document Version
- 33.1 The User hereby acknowledges that the Regulations exists in two different versions - an English version and a Japanese version
EArticle 34. Transitional Measures
- 34.1 In the case of a Registrant who has concluded a gJapan Registry Registration (.jp, .co.jp)h agreement with GMO, the continued use of the Service by such a Registrant shall be deemed the Registrantfs acceptance of the Regulations.
- 34.2 GMO shall register such a Registrant based on the information provided by the Registrant to GMO pursuant to the gJapan Registry Registration (.jp, .co.jp)h, and shall provide such a Registrant with authority equivalent to a User.
Renewal Fee (Not Include Tax) .co.jp \20,000 .jp \12,190 .com/.net/.org \3,800 .biz/.info \3,280 .mobi \1,800 .tv \3,314
(*Each price only apply for one year registration)
Redemption Fee (Not Include Tax) .co.jp \10,000 .jp \7,000 .com/.net/.org/.biz/.info/.mobi/.tv \13,200
Others (Not Include Tax) Registrant information change i3rd level JPj \1,200 Ownership changei3rd level JPj \20,000 Domain name changei3rd level JPj \20,000
The Regulations shall be revised on 31 Aug 2013.