PROVISIONS SPECIFIC TO شبكة. (.SHABAKA) REGISTRATIONS
International Domain Registry Pty Ltd ("Registry Operator") is the registry operator for the شبكة. (.SHABAKA) gTLD.
1. INTELLECTUAL PROPERTY
(a) must ensure that your application for, and the possible subsequent registration and/or use of, the domain name will not infringe the intellectual property rights of any third party;
(b) agree and submit to proceedings commenced under all applicable ICANN dispute resolution policies or processes as established or amended by ICANN from time to time; and
(c) must bear liability for any claims of infringement arising out of or relating to your registration or use of the domain name, and indemnify the Registry Operator for any liability it may incur arising from such infringement.
2. GENERAL OBLIGATIONS
You expressly agree to:
(a) comply with the applicable Published Policies, and that the Published Policies may be modified, and agrees to comply with any such changes in the time period specified for compliance;
(b) adhere to all ICANN Published Policies for which the Registry Operator has monitoring responsibility under the Registry Agreement or any other arrangement with ICANN;
(c) adhere to all Registry Operator Published Policies as established from time to time;
(d) adhere to any policies, rules or procedures applicable under the ICANN RPMs, submit to any proceedings brought in relation to the ICANN RPMs, and acknowledge any potential consequences of the ICANN RPMs including, but not limited to, the potential for a domain name to be locked pursuant to the Uniform Rapid Suspension rules;
(e) the Registry Operator’s and our collection, use, copying, distribution, publication, modification, and other processing of your personal data, and the Registry Operator’s and our right to give access to that personal data to third parties (including service providers), for the purposes of complying with the obligations under the registry-registrar agreement between Registry Operator and us, the ICANN Published Policies and otherwise under the Registry Agreement plus any ancillary purposes connected with the foregoing, and as otherwise permitted by law. Such third parties may include escrow agents, domain name auction service providers, persons using or operating a domain name lookup service and ICANN;
(f) and warrant that the consent procured in respect of your personal data has been procured lawfully; and
(g) refrain from engaging in any of the Prohibited Activities and acknowledge that the consequences of such activities include suspension or deletion of the domain name.
3. YOUR WARRANTY
You represent and warrant that:
(a) You have the authority to enter into the Agreement;
(b) the information provided in relation to your application for a domain name, or a domain name, as the case may be, is current, complete, and accurate, and that you agree to correct and update the information to ensure that it remains current, complete, and accurate; and
(c) in the event that any registration information provided in relation to an application for a domain name, or a domain name, changes you will correct and update that information immediately.
4. YOUR ACKNOWLEDGEMENTS
You expressly agree and acknowledge:
(a) an application for a domain name may not result in the domain name being allocated to you;
(b) certain domain names may not be available as a result of being reserved by the Registry Operator or otherwise allocated in accordance with the Published Policies;
(c) from time to time the Registry Operator may identify certain domain names to be reserved, and may release such domain names subject to the Published Polies;
(d) during the periods and under the circumstances identified in the Published Policies, multiple applications for the same domain name may be accepted, and that those applications may be subject to the Special Allocation Procedure described in relation to that period or circumstance;
(e) where a Special Allocation Procedure exists, you must pay any fees and undertake any further steps that may be required in order to complete the process of registering the domain name;
(f) the Registry Operator may prevent you from making an application and registering or renewing a domain name where you have been found to be in breach of the Published Policies;
(g) that the Registry Operator reserves the right to deny any application, or cancel, lock, place on hold, transfer or delete any domain name that it deems necessary, in its sole discretion:
(i) to protect the integrity and stability of the Registry System
(ii) to comply with its obligations as a Registry Operator;
(iii) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution policies or process;
(iv) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, employees and subcontractors;
(v) to ensure compliance with the Published Policies;
(vi) to stop or prevent any violations of any terms and conditions of the Agreement;
(vii) for the non-payment to the Registry Operator of any fee; or
(viii) to correct mistakes made by the Registry Operator or any registrar or any of its service providers in connection with an application for a domain name or a domain name.
You expressly agree and acknowledge:
(a) the price presented by us to you for:
(i) the application for a domain name;
(ii) fulfilling any TMCH Requirements;
(iii) the allocation of a domain name;
(iv) any premium associated with a domain name;
(v) creation of the domain name;
(vi) renewal of the domain name; or
(vii) any other fees that may be associated with the domain name;.
(b) that the price for the creation of a domain name may be greater than or less than the price for the renewal of that domain name; and
(c) that no refund will be provided for your failure to check or understand the fees.
YOU INDEMNIFY AND KEEP THE REGISTRY OPERATOR (INCLUDING ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS) FULLY INDEMNIFIED FROM AND AGAINST ALL SUITS, ACTIONS, CLAIMS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES THAT MAY BE MADE OR BROUGHT AGAINST OR SUFFERED OR INCURRED BY THE REGISTRY OPERATOR ARISING OUT OF OR IN CONNECTION IN ANY WAY WITH A BREACH OF THE AGREEMENT BY YOU.
7. ADDITIONAL OBLIGATIONS FOR SPECIAL ALLOCATION PROCEDURES
You acknowledge that:
(a) contact may be made by the Registry Operator or its service providers in relation to an application for a domain name; and
(b) pursuant to the Registry Operator Published Polices, failing to provide sufficient information in order to undertake any verification of an application for a domain name that the application may be discontinued.
The following capitalized terms used herein have the following meanings:
(a) ICANN Published Policies means any ICANN Temporary Specifications or Policies and Consensus Policies (as defined in the Registry Agreement), including, without limitation, the latest versions, of policies identified at http://www.icann.org/en/resources/registrars/consensus-policies and any such policies that are from time to time developed and adopted by ICANN.
(b) ICANN Published Policies means any ICANN Temporary Specifications or Policies and Consensus Policies (as defined in the Registry Agreement), including, without limitation, the latest versions, of policies identified at http://www.icann.org/en/resources/registrars/consensus-policies and any such policies that are from time to time developed and adopted by ICANN.
(c) ICANN RPMs means any Rights Protection Mechanisms and associated rules, policies, requirements and procedures as outlined in Specification 7 of the Registry Agreement and the ICANN Published Policies, including but not limited to the TMCH Requirements, the Uniform Rapid Suspension (URS) requirements, the Trademark Post-Delegation Dispute Resolution Procedure (PDDRP) and the Registration Restriction Dispute Resolution Procedure (RRDRP).
(d) Prohibited Activities include any of 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 other prohibited activities listed or added to in Specification 11 clause 3(a) of the Registry Agreement from time to time.
(e) Published Policies collectively means the ICANN Published Policies, ICANN RPMs and the Registry Operator Published Policies.
(f) Registry Agreement means the Registry Agreement between Registry Operator and ICANN whereby the Registry operator is designated as the registry operator of the شبكة. (.SHABAKA) gTLD. A copy can be viewed here: http://www.icann.org/sites/default/files/tlds/xn--ngbc5azd/xn--ngbc5azd-agmt-pdf-13jul13-en.pdf
(g) Registry Operator Published Policies means those specifications and policies established and published from time to time by the Registry Operator or any subcontractor of the Registry Operator.
(h) Registry System means the system operated by or on behalf of the Registry Operator for the Dشبكة. (.SHABAKA) gTLD used to record, store and maintain details of available and registered domain names in the شبكة. (.SHABAKA) gTLD.
(i) Special Allocation Procedure means processes, procedures and requirements specified by the Registry Operator.
(j) TMCH Requirements mean the most recent Trademark Clearinghouse Rights Protection Mechanism Requirements, published by ICANN pursuant to Specification 7 of the Registry Agreement and amended from time to time, or in the event that the Trademark Clearinghouse Rights Protection Mechanism Requirements have not yet been finalised, the most recent draft thereof.