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  Terms    

DOMAIN NAME REGISTRATION AGREEMENT

1. Introduction

In this Registration Agreement ("Agreement"), "you" and "your" refer to you as a customer ("Customer") and "we", "us" and "our" refer to dotMD, Inc as the Registrar of domain names in the .md country code top-level domain ("ccTLD") ("dotMD"). This Agreement explains dotMD's obligations to you, and your obligations to dotMD, in relation to your license of the domain name (the "Domain Name") you have selected in the .md ccTLD. If dotMD agrees to license the Domain Name to you, then your registration of the Domain Name shall be deemed to constitute your agreement with us, to be bound by the terms of this Agreement and the terms of dotMD's Domain Name Dispute Policy ("Dispute Policy") which is incorporated herein by reference and made a part of this Agreement. Any acceptance of your request for dotMD's services and the performance of dotMD's services will be deemed to occur at dotMD's offices in Atlanta, Georgia, the location of dotMD's principal place of business. You understand that although you may have licensed a domain name or other services through a third party registrar acting as an agent for dotMD, this Agreement constitutes a direct contract with dotMD, and that you will also be subject to the terms of any agreement between you and that registrar.

2. Scope of the Agreement

By requesting to register the Domain Name, you agree to establish an account with dotMD for the services dotMD provides in connection with your license of the Domain Name ("Account"). Any use of your Account by either you or any agent or other third party authorized by you (whether or not dotMD was notified of such authorization) is covered by this Agreement. If you have been given a password that provides access to your Account, then you are responsible for all unauthorized use or misuse of that password. If the registration of the Domain Name has been undertaken by an agent for a third party registrant, the registrant is nonetheless bound by this Agreement as a principal, and all references herein to "you", "your" and "Customer" shall be deemed to include both the agent and the principal. Your continued use of the Domain Name or any other of dotMD's services shall be deemed to ratify all actions of your agent. By acting on your behalf, your agent certifies that he or she is authorized to apply for dotMD's services on your behalf, that the agent is authorized to bind you to the terms and conditions of this Agreement and that the agent has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. dotMD will not refund fees paid by you or your agent on your behalf for any reason (except under paragraph13), including, but not limited to, in the event that your agent fails to comply with the terms and conditions of this Agreement, your agent incorrectly provides information in the application process or your agent changes or otherwise modifies your domain name record incorrectly.

3. Domain Names Limited to Certain Uses

3.1 You acknowledge that unlike many top level domains, dotMD has reserved the right to limit the domain names licensed in the .md ccTLD to those persons and entities who provide dotMD with satisfactory assurances (as determined in dotMD's sole discretion) that they intend to register domain names only for such purposes as dotMD may deem to be permitted. You acknowledge that as of the date of this Agreement, domain names in the .md ccTLD are being licensed to healthcare providers and consumers anywhere in the world, including but not limited to, physicians, nurses, nutritionists, therapists (all allied health personnel) hospitals, clinics, surgery centers, practice groups, health plans, healthcare maintenance organizations, physician practice management companies and groups, medical device, drug, or biotech manufacturers, suppliers, distributors (durable medical equipment, disposable supplies, diagnostic, surgical, and reference equipment) and sellers, or any other person or entity providing service to, or supplying, selling, marketing, purchasing, distributing or providing any product or service to any person or entity involved in, operating in, or providing or selling products or services to the healthcare industry.

3.2 You agree to provide dotMD and its agents with such information (including information regarding credentials) as we may request in order to verify your eligibility to license domain names in the .md ccTLD, and acknowledge that any license granted pursuant to this Agreement or in connection with any dotMD services shall be terminable by dotMD if dotMD concludes that you are not eligible to license a domain name under the criteria established by dotMD from time to time. All Domain Names licensed prior to October 2, 2000, and subsequently renewed after October 2, 2000 shall be subject to the Terms and Conditions of this Agreement.

4. Fees and Payments

4.1 You agree to pay the applicable service fees set forth on dotMD's web site at the time of your Registration of the Domain Name. The fee is due immediately and is non-refundable, except under paragraph13. You may select a term from one year to 10 years. The full term fee is due at the beginning of the term. To obtain a multi-year term, you must contact us at support@register.md. Unless otherwise specified, each service provided by dotMD, including any renewal of that service, will be deemed to be provided for the term that you licensed, and each registration or renewal of a Domain Name, once accepted by dotMD, will give you the ability to use that Domain Name only for that term. Any renewal of your services with dotMD is subject to (a) dotMD's then-current Registration Agreement, other terms and conditions and payment of all applicable service fees at the time of renewal, and (b) dotMD's acceptance of your renewal. dotMD reserves the right to change fees, surcharges or renewal fees or institute new fees at any time, for any reason, at its sole discretion. Any changes in the fees charged by dotMD will become effective immediately for a new registration or renewals initiated after the date on which dotMD posts the new fees on its web site. You acknowledge that dotMD's domain name pricing structure may require the payment of different fees for different domain names, as determined by dotMD in its sole discretion.

4.2 If your license lapses because you fail to renew it, because your payment is otherwise not made or for any other reason, but dotMD nevertheless elects to permit you to reinstate your license, then you may be required to pay a reinstatement fee, which will be established by dotMD from time to time in its sole discretion.

5. Transfer Policy

5.1. Second, third, and lower level domain names in the .md ccTLD cannot be transferred, resold, sub-licensed or re-registered by one party to another party for a fee, other than through the consignment method described in Section 5.3. This restriction does not apply to the sale by Customer, through a merger or otherwise, of the business to which a Domain Name relates, provided that such sale involves substantial business assets other than the Domain Name and the primary business of being sold does not consist of the holding of one or more domain names (including Domain Names). The Domain Names in the .md ccTLD registered through dotMD are the property of dotMD and are licensed to the Customer under this Agreement, for the uses described in this Agreement. If a Domain Name is to be transferred or sub-licensed, it must be returned to dotMD and be placed into Consignment by dotMD. Any Customer that makes Domain Names (or subdomains of a Domain Name) available for auction, resale, sub-leasing, sub-licensing, or re-registration by another party, other than as permitted by a valid reseller's or Consignment agreement with dotMD, will be deemed in violation of this Agreement. Any associated Domain Name registration may be removed from the .md DNS and dotMD upon 3 days notice, and may thereafter be terminated by dotMD as provided in Section 10.

5.2 You further agree that as a condition of any assignment or other transfer of a Domain Name, the entity to which you seek to transfer the Domain Name shall agree in writing to be bound by all terms and conditions of this Agreement. The Domain Name will not be transferred until dotMD receives evidence of such an agreement by e-mail to support@register.md or United States mail addressed as follows, Attention: dot MD, Inc., 500 Sugar Mill Rd., Suite 120 A, Atlanta, Georgia, 30350, or via fax to 770-649-4482. Both the old and the new owner of the transferred Domain Name will be responsible for all transfer fees payable to dotMD, Inc.

5.3 If you desire to transfer or sublicense a Domain Name, you may consign the Domain Name to dotMD so that dotMD may make the Domain Name available for re-licensing by a new customer. You may exercise this consignment opportunity by contacting dotMD at consignment@thedomain.md. The consignment would be governed by a separate agreement between you and dotMD, and you would be entitled to a commission based on the license fees collected by dotMD with respect to the relicensing of the Domain Name for the initial license term selected by the new customer. You would be responsible for all renewal fees payable with respect to the Domain Name that arise during the period of consignment.

6. Domain Name Disputes

You agree to be bound by dotMD''s current domain name dispute policy (the ""Dispute Policy""). The current version of the Dispute Policy may be found at dotMD''s Web site at www.register.md/policies/dispute.html. Please take the time to familiarize yourself with the Dispute Policy. You acknowledge that licenses of domain names in the .md domain are not required to be subject to the ICANN (Internet Corporation for Assigned Names and Numbers) domain name dispute policies that apply with respect to certain other top level domains. Although dotMD has nevertheless elected to incorporate ICANN''s dispute policies at this time, dotMD may modify the Dispute Policy in its sole discretion at any time. For so long as dotMD elects to continue to incorporate ICANN's dispute policies, dotMD will take all actions with respect to the termination or suspension of domain names that would otherwise be taken by ICANN pursuant to ICANN's dispute policies.

dotMD will post any revised Dispute Policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or license of your Domain Name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, your sole remedy is to terminate this Agreement. dotMD will not refund any fees paid by you if you terminate your Agreement with dotMD.

If a third party challenges your use of the Domain Name, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. In the event of such a dispute, you will indemnify and hold dotMD harmless pursuant to the terms and conditions set forth in Section 7 below. If dotMD is notified that a complaint has been filed with a judicial or administrative body regarding your use of the Domain Name, you agree not to make any changes to your domain name record without dotMD''s prior approval. dotMD may not allow you to make changes to such domain name record until

(i) dotMD is directed to do so by the judicial or administrative body, or

(ii) dotMD receives notification by you and the other party contesting your registration and use of the Domain Name that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of the Domain Name registration services, dotMD may deposit control of your domain name record into the judicial body.

7. Modifications To Agreement

You agree that dotMD may revise the terms and conditions of this Agreement. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the services on dotMD''s web site at www.register.md or upon notification to you by e-mail or United States mail. You agree that you are responsible to periodically review dotMD''s web site, including the current version of this Agreement available on dotMD''s web site, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing dotMD with notice by e-mail to support@register.md or United States mail addressed as follows, Attention: dot MD, Inc., 500 Sugar Mill Rd., Suite 240-A, Atlanta, Georgia, 30350, or via FAX to 770-649-4482. Notice of your termination will be effective on receipt and processing by dotMD. Any fees paid by you if you terminate your Agreement with dotMD are nonrefundable. By continuing to use dotMD''s services after any revision to this Agreement or change in service, you agree to abide by and be bound by any such revisions or changes. dotMD is not bound by nor should you rely on any representation

(i) by any agent, representative or employee of any third party that you may use to apply for dotMD''s services; or

(ii) in information posted on dotMD''s web site of a general informational nature. No employee, contractor, agent or representative of dotMD is authorized to alter or amend the terms and conditions of this Agreement. You further agree that dotMD may adopt other policies from time to time that relate to activity that may be conducted within the ccTLD, and that you will comply with any such policies that are posted from time to time on dotMD''s web site at www.register.md or of which you are notified by e-mail or United States mail.

8. Limitation of Liability

You agree that dotMD's entire liability, and your exclusive remedy, with respect to any dotMD services provided under this Agreement or any breach of this Agreement, is solely limited to the amount you paid for such services. dotMD and its contractors shall not be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages resulting from the use or inability to use any of the dotMD services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, dotMD's liability is limited to the maximum extent permitted by law. dotMD disclaims any and all loss or liability resulting from, but not limited to:

(1) loss or liability resulting from access delays or access interruptions;

(2) loss or liability resulting from data non-delivery or data misdelivery;

(3) loss or liability resulting from acts of God;

(4) loss or liability resulting from the unauthorized use or misuse of your Account;

(5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement;

(6) loss or liability resulting from the development or interruption of your web site;

(7) loss or liability that you may incur in connection with dotMD's processing of your application for a Domain Name or other services, dotMD's processing of any modification to your domain name record or your agent's failure to pay any fees, including the initial license fee or any renewal license fee; or

(8) loss or liability as a result of the application of the Dispute Policy.

9. Indemnity

You release and agree to indemnify and hold dotMD and its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising under this Agreement, any services provided therefrom by dotMD, including without limitation infringement or dilution by you of any intellectual property or other proprietary right of any person or entity, a violation of any of dotMD's rules or policies relating to the services provided, or any security breaches involving your site(s) (including claims arising out of any information provided on your site(s)). If dotMD is threatened with suit or sued by a third party, dotMD may seek written assurances from you concerning your promise to indemnify dotMD, and your failure to provide those assurances will be deemed to be a material breach of this Agreement.

10. Breach

dotMD reserves the right to terminate or refuse to renew this Agreement and to suspend, cancel, transfer, modify or refuse to renew your Domain Name in the event

(a) you breach this Agreement (including the Dispute Policy),

(b) you use the Domain Name to send unsolicited bulk e-mail or to send commercial advertisements in violation of applicable laws, acceptable use policies applicable to you or policies adopted by dotMD from time to time,

(c) you use your Domain Name in connection with any unlawful or improper activity, including but not limited to child pornography, child entrapment or abuse, advocacy of hatred, bigotry or violence toward persons or groups on the basis of their religion, race, ethnicity, sexual orientation or other immutable characteristics, theft of e-mail service, as a source of unsolicited bulk e-mail or as an address to use for replying to unsolicited e-mail, display or distribution of any pornographic, obscene or sexually explicit material, or the display or distribution of any information that disparages the Republic of Moldova or any of its institutions,

(d) you provide inaccurate or unreliable information as part of the domain name application process, or fail to update your information to keep it current, complete or accurate, (

(e) grounds arise for such suspension, cancellation, transfer or other modifications as provided in this Agreement, or

(f) as provided in Section 5. If dotMD believes that it is entitled to terminate or refuse to renew this Agreement and/or to suspend, cancel, transfer, modify or refuse to renew your Domain Name, it will give you notice specifying the reason for its belief, and if you fail to cure the circumstances giving rise to such belief within fifteen (15) calendar days of the date of that notice (unless a shorter period is provided for under Section 5), then dotMD may terminate or refuse to renew this Agreement, including your license of the Domain Name, and/or terminate, suspend, cancel, transfer, modify or refuse to renew the Domain Name or any other dotMD services you are using, without further notice. However, upon the occurrence of any of the circumstances arising under subparagraphs (b), (c) or (e) above, dotMD will not be obligated to give you fifteen (15) calendar days to cure such circumstances, and may terminate or refuse to renew this Agreement including your license of the Domain Name, and/or terminate, suspend, cancel, transfer, modify or refuse to renew the Domain Name or any other dotMD services you are using, immediately upon notice to you. dotMD will not refund any fees paid by you if dotMD terminates or refuses to renew this Agreement as permitted above.

11. Representations and Warranties

You agree and warrant that:

(i) the information that you or your agent provided to dotMD during the domain name application process is accurate and complete, and that any future changes to this information will be provided to dotMD in a timely manner according to the modification procedures in place at that time,

(ii) neither the license of the Domain Name nor the manner in which you intend to use the Domain Name will directly or indirectly infringe the legal rights of a third party,

(iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder,

(iv) you are of legal age to enter into this Agreement and

(v) you shall not use the Domain Name for any unlawful or improper purpose, including but not limited to child pornography, child entrapment or abuse, advocacy of hatred, bigotry or violence toward persons or groups on the basis of their religion, race, ethnicity, sexual orientation or other immutable characteristics, theft of e-mail service, as a source of unsolicited bulk e-mail or as an address to use for replying to unsolicited bulk e-mail, display or distribution of any pornographic, obscene or sexually explicit material, or the display or distribution of any information that disparages the Republic of Moldova or any of its institutions.

12. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF DOTMD'S SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF DOTMD'S SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. DOTMD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOTMD MAKES NO WARRANTY THAT DOTMD'S SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES DOTMD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. DOTMD MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF DOTMD'S SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM DOTMD SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SHOULD DOTMD'S ROLE AS DOTMD OF THE .MD CCTLD BE TERMINATED FOR ANY REASON, YOUR ONLY RECOURSE AGAINST DOTMD IS TO TERMINATE YOUR AGREEMENT WITH DOTMD AND RECOVER ACTUAL DAMAGES THAT SHALL NOT EXCEED THE AMOUNT OF MONEY PAID TO DOTMD WITH RESPECT TO THE CURRENT LICENSE PERIOD FOR SERVICES FOR THE PORTION OF THE CURRENT LICENSE PERIOD THAT HAS NOT YET OCCURRED.

13. Right of Refusal

dotMD, in its sole discretion, reserves the right to refuse to license your chosen domain name or register you for other dotMD services, or to delete your domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event dotMD does not license your domain name or register you for other dotMD services, or dotMD deletes your domain name or other dotMD services within such thirty (30) calendar day period, dotMD agrees to refund the license fee you have paid. You agree that dotMD shall not be liable to you for loss or damages that may result from dotMD's refusal to license, the deletion of your selected domain name or refusal to register you for other dotMD services.

14. Privacy

You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supplied to dotMD as part of dotMD's services with regard to:

(i) the purposes for which such third party's personal data has been collected,

(ii) the intended recipients or categories of recipients of the third party's personal data,

(iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and

(iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to dotMD in the future. dotMD is not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information. You hereby grant to dotMD the right to disclose to third parties through an interactive publicly accessible registration database (the WHOIS function) the following mandatory information that you are required to provide when licensing or reserving a domain name:

(i) the domain name(s) licensed by you;

(ii) your name and postal address;

(iii) the name(s), postal address(es), e-mail address(es), voice telephone number and, where available, the fax number(s) of the technical and administrative contacts for your domain name(s);

(iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s);

(v) the corresponding names of those nameservers;

(vi) the original creation date of the license; and

(vii) the expiration date of the license. You understand that dotMD's use of data provided by you will be governed by dotMD's privacy policy at www.register.md/privacy-security.jsp as amended from time-to-time.

15 Miscellaneous

A. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

B. You agree that this Agreement, the Dispute Policy and the rules and policies published by dotMD are the complete and exclusive agreement between you and dotMD regarding its services. This Agreement, dotMD's rules and policies, and the dispute policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

C. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Georgia, United States of America, excluding its conflict of laws rules. Except for disputes concerning or arising from your use of a domain name registered with dotMD, you and dotMD each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the Northern District of Georgia. If there is no jurisdiction in the United States District Court for the Northern District of Georgia then jurisdiction shall be in the Superior Court of Fulton County, Georgia. Each party waives any right to object to venue or jurisdiction on the basis that it is inconvenient for them or for any other reason and you waive any statutory or other right pursuant to the laws of the jurisdiction in which you reside to have a case against dotMD, in which dotMD is a necessary party or related to this Agreement or to the Domain Name adjudicated or resolved in that jurisdiction.

D. Notices to dotMD or you shall be delivered by registered or certified official mail of a country, postage prepaid, or by reputable commercial courier service in the manner of quickest delivery (i.e., overnight delivery, if possible). Notices to you shall be delivered to the address stated in the registrant information submitted by you, unless you submit a modification to such information in accordance with the then current dotMD policy relating to domain name information modifications. Notices to dotMD shall be delivered to dotMD, Inc , 500 Sugar Mill Road, Suite 240-A, Atlanta, Georgia 30350. Notices delivered by reputable commercial courier service in the manner of quickest delivery shall be deemed delivered three (3) business days following dispatch. Notices mailed by registered or certified official mail of a country shall be deemed delivered seven (7) business days after mailing. You agree that dotMD may accept and rely upon any notice received by it from any person identified by you as a technical or administrative contact with respect to the Domain Name, or any other person designated by you as authorized to act on behalf of Customer.

E. This Agreement constitutes a written agreement between you and dotMD even though your offer underlying this Agreement may be dispatched electronically, and even though dotMD may accept this Agreement electronically. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.

The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.

EXPANDED SERVICES AGREEMENT

If you choose to purchase additional services from dotMD, you are subject to the following terms and conditions in addition to the DOMAIN NAME REGISTRATION AGREEMENT.

A Excessive Usage

If dotMD provides you with bandwidth or disk space, you will not use such resources in excess of any limits specified in dotMD's account, service or feature descriptions without an appropriate change in account type or status. You acknowledge that you may incur additional charges for usage in excess of these limits. Your bandwidth and disk utilization will be computed or determined by dotMD from time to time, and if dotMD determines that you are exceeding your permitted bandwidth or disk utilization, you will be notified by e-mail. If your excess use continues after you are notified, you may be required to upgrade your service agreement or modify the activity creating the excess use, or dotMD may terminate your account. Moreover, if dotMD determines that excessive bandwidth or disk space utilization is adversely affecting dotMD's ability to provide service, dotMD may take immediate action. You will be notified by e-mail as soon as practicable thereafter, but in the meantime may not be able to use additional bandwidth or disk space.

B Content Policy

To ensure the high quality of .md ccTLD web sites through high standards of reliability, objectivity and accountability, all web sites in the .md ccTLD operated using Domain Names registered through dotMD and its resellers must adhere to the content policy guidelines set forth in this Section 5 (the "Content Policy").

B.1 Content

"Content" is defined as any viewable or downloadable material including, but not limited to, text, images and streaming audio and/or video segments, and includes all forms of advertising.

B.2 Content Review

Clinical editorial content should be reviewed for quality, and should be consistent with the peer-reviewed medical literature. Any content containing a therapeutic claim that is not supported by peer-reviewed medical literature, or use of a drug or device that has not yet met FDA approval must be clearly identified as such.

B.3 Identification of Content.

Promotional content must be clearly identified as advertisements. Placement and identification of advertisements should be such that site users will be able to readily distinguish between promotional and editorial content.

B.4 Authorship.

Physicians or practices that post statistical results should make reference to the statistical database in which they participate (such as the Society of Thoracic Surgery Database).

B.5 Restrictions on Advertising.

Sites may not contain advertisements, in any form, for any product or service known to be harmful to health. Sites may not contain any advertisement that is adult-themed, pornographic, gambling-related (other than promotional contests) or related to "get-rich-quick" or similar schemes.

B.6 Breach.

If your site(s) is/are found to be in breach of this Content Policy, you will be given three days' notice to change the material on your site(s) in such a way as to make the material comply with the policy. Failure to bring the material into compliance with the Content Policy, in the sole discretion of dotMD, may result in suspension or cancellation of your Domain Name without refund of any fee paid by you.

B.7 Miscellaneous.

The Content Policy is subject to change without notice. You are encouraged to periodically review the Content Policy to ensure compliance by your web site(s). The terms of this Content Policy represent the minimum requirements governing content on web sites; you may wish to adhere to additional content guidelines published by various medical organizations. Such additional guidelines may be used to supplement, but not replace, the Content Policy guidelines.

B.8 Prohibited Content. The following material is expressly prohibited on your web site using a Domain Name:

(i) Material that threatens or abuses others or which is invasive of another's privacy;

(ii) Material which you do not have the legal right to post;

(iii) Material that advocates illegal activity or discusses an intent to commit an illegal act; or

(iv) Material that is prohibited by the Regulations of the Ministry of Transport and Communications of the Republic of Moldova:

B.9 Additional Restrictions. Registration or administration of sub-domains that hold information and images with obscene or insulting character towards Republic of Moldova or any other state, as well as those that invoke violence or can harm the image of Republic of Moldova or its international status, or the use of a Domain Name or web site associated with a Domain Name for illegal purposes is prohibited.

C. Physician Site Solution and Group Practice Solution

The Physician Site Solution ("PSS") and the Group Practice Solution ("GPS") are products designed for licensed physicians and physician practices only. By purchasing one or both of these products, you certify that your web site(s) represent(s) a licensed physician or medical practice. dotMD will use commercially available efforts to verify the credentials of the physician(s). Any content posted on a PSS or GPS site must comply with the Content Policy. You agree to indemnify and hold dotMD and its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising from the interpretation of medical information on the site, the practice of medicine from the site, or the lack of technical performance or perceived lack of performance by your site(s). dotMD reserves the right to change the services delivered by the PSS and GPS, and the price for the renewal of such services, with 10 days prior notice to you.

D. MetaDirectory Service

The MetaDirectory is an interactive directory of web pages in the .md ccTLD. When a site is listed in the MetaDirectory, the site becomes electronically associated with sites that have similar attributes. In this way, resources in the .md ccTLD become aggregated with each other, and integrated with one another. dotMD will index your site(s) according to the information supplied by you. You are responsible for providing dotMD full and accurate information regarding the registration in the MetaDirectory. dotMD makes no representation or warranty regarding the performance of the MetaDirectory or the delivery of any referrals to your site(s) from the MetaDirectory or otherwise. dotMD reserves the right to change the services provided in connection with the MetaDirectory (including the price for the renewal of such services) with ten (10) days prior notice to you.


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