BRS MEDIA (RADIO).AM & (RADIO).FM DOMAIN
NAME REGISTRATION TERMS & CONDITIONS
Effective March 15, 2018
1. BRS
Media, Inc. ("BRS") is responsible for the
registration of third-level Internet domain
names in the RADIO level FM & AM domains.
BRS registers these third-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 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 Domain Name
Registration Agreement, that the Registrant
shall be bound by BRS's current Terms &
Conditions.
will not participate in any way in any
dispute between you and any party other than
regarding the Registration and use of your
Domain. You will not name (BRS Media Inc.)
as a party or otherwise include in any such
proceeding. In the event that is named as a
party in any such proceeding, reserves the
right to raise any and all defenses deemed
appropriate, and to take any other action
necessary to defend BRS Media.
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 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.radio.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 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. No Guarantee of Registration, Transfer
or Renewal. As a domain name Registrar, BRS
is, upon accepting your application to
register, transfer or renew a domain name,
your sponsor for that application. No domain
name registrations shall be deemed effective
unless and until we deliver the domain name
registration or renewal application you
provide us to the appropriate Registry
administrator, as applicable, and that
Registry administrator accepts your
application and activates your domain name
registration or renewal. You will be
entitled to a refund only if your
registration is unsuccessful. You
acknowledge and agree that BRS does not
guarantee that you will be able to register,
transfer or renew a desired domain name,
even if our systems indicate that domain
name is available or you are able to
complete an order with respect to such name.
You also understand that BRS cannot know
with certainty whether or not the domain
name which you are seeking to register is
simultaneously being sought by a third
party, or whether there are any inaccuracies
or errors in the domain name registration or
renewal process or related databases,
including the various WHOIS or other
Registry databases. You also acknowledge and
agree that BRS is not responsible for any
inaccuracies or errors in the domain name
registration or renewal process. YOU ARE
SOLELY RESPONSIBLE FOR MAKING SURE THAT YOUR
REGISTRATION OR RENEWAL HAS BEEN PROPERLY
PROCESSED. You further acknowledge and agree
that BRS may elect to accept or reject your
application for registration, transfer or
renewal for any reason at its sole
discretion, such rejection including, but
not limited to, rejection due to a request
for registration or renewal of a prohibited
domain name. You also acknowledge and agree
that BRS is not liable or responsible in any
way for any errors, omissions or any other
actions by any third party including any
Registry administrator arising out of or
related to your application for and
registration of, renewal of, or failure to
register or renew a particular domain name.
6. Payments and Fees. Premium domain names
have variable registration fees starting at
US$50.00/first year depending on the 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 domain name's record during the
period. Registrants reselling a premium .RADIO.AM
& RADIO.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.
7. 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.
8. 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 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 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.
9. Indemnity. The registrant hereby agrees
to defend, indemnify and hold harmless (i)
BRS Media, its officers, directors,
employees and agents, 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.
10. The registrant agrees that BRS Media
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.
11. 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 domain database.
12. Right of Refusal. We, in our sole
discretion, reserve the right to refuse to
register your chosen domain name or register
you for other 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 BRS service(s), or we
delete your chosen domain name or other BRS
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 BRS
service(s).
13. DISCLAIMER. THE REGISTRANT AGREES THAT
BRS MEDIA WILL NOT BE LIABLE FOR ANY LOSS OF
REGISTRATION AND USE OF REGISTRANT'S 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.
14. These Terms & Conditions, as amended,
and the current BRS Media 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.
15. Dispute Policy. In
the event that the Domain Name is
registered, the Registrant agrees to be
bound by the Dispute Policy, which is
incorporated herein by reference and made a
part hereof. The version of the Dispute
Policy currently in effect can be found at:
http://www.icann.org/udrp.
16. Third Party Complaints. The Registrant
agrees that any dispute arising out of or in
connection with the use of the Domain Name
or any other listing information shall be
subject to the provisions specified in the
Dispute Policy.
Appendix for the Emoji Domain
Names (Emoji).
By selecting and registering an Emoji
Domain, registrant also agrees the the
following:
Emojis are still not accessible to many
Internet users. They do not, and may never,
have the same functionality as traditional
ASCII domain names. By registering Emoji
character domain names at this time you
understand and assume the risk that your
domain name registration may be temporarily
or permanently suspended, deleted or denied
based on further developments by Internet
standard-setting bodies.
WE EXPRESSLY DISCLAIM ANY WARRANTY
THAT CURRENT OR FUTURE ENCODING SCHEMES,
PROTOCOLS AND OTHER EMOJI-ENABLING
TECHNOLOGIES, WHETHER PROVIDED BY US OR
OTHERWISE, WILL BE APPROVED BY INTERNET
STANDARD-SETTING BODIES OR OTHERWISE
SUCCESSFULLY DEPLOYED.
You assume all risks inherent in the
experimental nature of this service and the
technologies supporting it. The encoding
schemes, protocols and other Emoji-enabling
technologies are not within our control and
are subject to change without notice. You
assume all risks that such changes may
impair or prevent your ability to use the
Emoji Domain you have registered. You
further understand and agree that we may
interrupt or deny Emoji registration
services to you, temporarily or permanently,
as a result of such changes. You further
assume all risks that the Internet
addressing system will not recognize an
Emoji Domain you have registered or
otherwise will not enable such Emoji Domain
to function as an Internet address.
We may, but shall not be obligated to, make
any and all modifications to an Emoji domain
registration, including without limitation
changing the Emoji's ASCII-based
translation, that we deem necessary or
appropriate for the purpose of bringing an
Emoji registration into conformance with
evolving technical standards. Such
modifications may be made without notice to
you. In the event we elect to make such
modifications, you agree to hold us harmless
from any claims, liabilities or demands
arising from such modifications.
Appendix for the
Internationalized Domain Names (IDNs).
By selecting and registering an IDN,
registrant also agrees the the following:
IDNs registered conform to IDN standards
endorsed by ICANN, however, IDNs are still
not accessible to most Internet users. They
do not, and may never, have the same
functionality as traditional ASCII domain
names. By registering multilingual character
domain names at this time you understand and
assume the risk that your domain name
registration may be temporarily or
permanently suspended, deleted or denied
based on further developments by Internet
standard-setting bodies.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT
CURRENT OR FUTURE ENCODING SCHEMES,
PROTOCOLS AND OTHER IDN-ENABLING
TECHNOLOGIES, WHETHER PROVIDED BY US OR
OTHERWISE, WILL BE APPROVED BY INTERNET
STANDARD-SETTING BODIES OR OTHERWISE
SUCCESSFULLY DEPLOYED.
You assume all risks inherent in the
experimental nature of this service and the
technologies supporting it. The encoding
schemes, protocols and other IDN-enabling
technologies are not within our control and
are subject to change without notice. You
assume all risks that such changes may
impair or prevent your ability to use the
IDN you have registered. You further
understand and agree that we may interrupt
or deny IDN registration services to you,
temporarily or permanently, as a result of
such changes. You further assume all risks
that the Internet addressing system will not
recognize an IDN you have registered or
otherwise will not enable such IDN to
function as an Internet address.
We may, but shall not be obligated to, make
any and all modifications to an IDN
registration, including without limitation
changing the IDN's ASCII-based translation,
that we deem necessary or appropriate for
the purpose of bringing an IDN registration
into conformance with evolving technical
standards. Such modifications may be made
without notice to you. In the event we elect
to make such modifications, you agree to
hold us harmless from any claims,
liabilities or demands arising from such
modifications.
E.O.F.
|