BRS MEDIA .FM DOMAIN NAME REGISTRATION TERMS &
CONDITIONS
effective April 27, 1998 (revised June 1, 2002)
1. BRS Media, Inc. ("BRS") is responsible for
the registration of second-level Internet domain names in the
top level FM domain. BRS registers these second-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 dotFM 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 dotFM
Domain Name Registration Agreement, that the Registrant shall be
bound by BRS's current Terms & Conditions.
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 dotFM 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.dot.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 dotFM domain name be deleted from the domain name
database.
5. Payments and Fees. Registrant agrees to pay a
registration fee of One Hundred United States Dollars
(US$100.00) per year for a .FM domain with four (4) characters or more in front of the .FM
Top−Level−Domain (Example: ▓abcd.fm▓). For FM
domains with three (3) characters or less in front of the .FM
Top−Level−Domain (Example: ▓abc.fm▓) the cost is
of Two Hundred Dollars (US$200.00) per year. Premium Plus
.FM domain names have variable registration fees starting at
US$250.00/first year depending on the .FM 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 dotFM
domain name's record during the period. Registrants without a
Server Hostname/Server IP Address may Reserve-Hold a premium .FM
domain for a one time fee of Fifty United States Dollars
(US$50), Plus dotFM Domain Registration fee. Registrants
reselling a premium .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), Plus
One Year .FM Domain
Registration fee.
6. 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 dotFM 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 dotFM
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.
7. Indemnity. The registrant hereby agrees to defend,
indemnify and hold harmless (i) BRS Media, its officers,
directors, employees and agents, and (ii) FSM Telecom ("FSM"),
its officers, directors, and employees, 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.
8. The registrant agrees that BRS (and/or) FSM 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.
9. 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
dotFM domain database.
10. DISCLAIMER. THE REGISTRANT AGREES THAT BRS MEDIA WILL
NOT BE LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF
REGISTRANT'S dotFM 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.
11. These Terms & Conditions, as amended, and the
current dotFM 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.
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