29 Rights Protection Mechanisms

Prototypical answer:

We will work with the new Trademark Protection Clearinghouse as deemed appropriate through ICANN. We will reserve, or not make available to register, any domain names indicated as ʺprotected.ʺ

In addition, we will perform verification processes and require applicants to either be trademark holders or intended eCommerce operators.

We will have a trademark registration period that will register domain names for trademark holders and upon open registration will utilize the Universal Resolution Dispute Policy, as well as the Uniform Rapid Suspension system.

With the community requirements, we verify the applicant and have them obligated to use this domain names as an operating eCommerce site. Any deviation from this can be a cause for suspension.

Phising and⁄or pharming can be minimized by use of certificate and secure socket layer (SSL) which also is a requirement of a new dotShop domain name. In this secure environment, one can easily note a website operatorʹs certificate to ensure they are the entity they claim.

Dispute Policy
CC does not—and cannot—screen, review, evaluate, or investigate a Domain Name registrantʹs legal right to register or use a Domain Name in any top level. To that end, CC has adopted the Uniform Dispute Resolution Policy (UDRP) (www.icann.org⁄udrp) for all .shop Domain Name registrations. The registration of any Domain Name(s) shall be subject to suspension, cancellation, or transfer pursuant to any decision under the UDRP.

Reservation of Rights
Commercial Connect expressly reserves the right to deny, cancel, or transfer any Domain Name registration that it deems necessary in its discretion: (i) to protect the integrity and stability of the registry; (ii) to comply with any applicable laws, government rules or requirements, requests of law enforcement; (iii) in the event a Domain Name is used in violation of these policies and any other policies regarding .shop and; (iv) in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Commercial Connect and its affiliates, subsidiaries, officers, directors, and employees. Commercial Connect also reserves the right to lock a Domain Name during resolution of a dispute.

Abuse prevention policy extracts were included in Q28, as requested. See previous question.

Terms and Conditions of all Commercial Connect policies clarify takedown procedures, registrant pre-verification, or authentication procedures, and other convenants:
TERMS AND CONDITIONS:
1. By applying to register one or more .shop domain names (the “.shop Domain name(s)”) with an accredited registrar in the .shop TLD (hereinafter referred to as an “Application”) or by using one or more .shop Domain names, the Registrant acknowledges that it has read and agrees to be bound by all terms and conditions of this Agreement as well as the following documents, policies, and agreements which are incorporated into this Agreement by this reference and which shall hereinafter (together with this Agreement) be referred to as the “CC Policies”:
The registration rules
The .shop TLD Policies
The Privacy Policy
The CC Acceptable Use Policy (“AUP”)
The CC Complaint Resolution Service rules and policies
Other rules or policies that are now, or may in the future, be published.
The CC Policies apply to all domains and sub-level domains which end in the suffix .shop and explain the rights and obligations between CC and the Registrant. Those parts of the CC Policies which are not part of the text of this Agreement are incorporated into this Agreement by this reference. CC may accept the Application by facilitating registration and resolution of the .shop Domain names(s); such acceptance shall be deemed to have occurred at the CC’s principal place of business in the US.
CC may modify the CC Policies from time to time. CC shall post (publish on or link to) the CC Policies on CC’s web site. Revised CC Policies become effective thirty (30) calendar days after posting. CC may inform registrants of changes to CC Policies via email and Registrant agrees that such email shall not be considered spam; however, CC shall not be obligated to provide such notice via email. The Registrant’s use of .shop Domain name(s) following the effective date constitutes the Registrant’s acceptance of the revised CC Policies. In the event that the Registrant does not wish to be bound by the revised CC Policies, the Registrant’s sole remedy is to cancel the registration of the .shop Domain name, following the appropriate CC Policies regarding such cancellation.
2. Registration Fee. The Registrant shall pay to an accredited registrar the appropriate registration fee (“Registration Fee”) applicable at the time the Registrant submits its Application to such accredited registrar. Payment of Registration Fees shall be made in accordance with the requirements of the accredited registrars and CC Policies are effective at the time the Registrant submits such payment. All Registration Fees paid pursuant to this Agreement are non-refundable except as provided for herein. It shall be the responsibility of the accredited registrar to pay a separate registration fee owed to the CC by such registrar and no Application will be accepted until such separate registration fee is paid. It shall not be the duty of the CC to refund any Registration Fee or other fee to the Registrant in the event of non-performance by such registrar, since the disposition of such Registration Fee is being a matter of performance of a contract between the Registrant and such registrar.
3. Term and Renewal Term. The Registrant’s exclusive registration of the .shop Domain name shall continue for the term specified in an accepted Application (the “Term”). Registrant may have the right to renew a registration in accordance with the CC Policies in effect at the end of the Registrant’s then current Term.
4. Registrant Information. The Registrant shall ensure that: (i) the information submitted by or on behalf of the Registrant to the .shop TLD registry in connection with registration of the .shop Domain name(s) or otherwise (“Registrant Information”) will during the Term comply with the CC Policies and is and will remain true, current, complete, accurate, and reliable; and (ii) the Registrant shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by notifying CC immediately of a change to any such information in accordance with the appropriate CC Policy relating to modifications to the Registrant Information. CC reserves and may exercise the right to terminate the Registrant’s registration of the .shop Domain name if (i) information provided by the Registrant to CC is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) the Registrant fails to maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable. The Registrant acknowledges that a breach of this Section 4 will constitute a material breach of this Agreement which will entitle CC to terminate this Agreement immediately upon such breach without any refund of the Registration Fee and without notice to Registrant.
(i) The Registrant acknowledges that all personal information about the Registrant which is supplied to CC or an accredited registrar is held for the benefit of the United States and global internet communities and may be required to be publicly disclosed to third parties and used to maintain a public “Whois” service, provided that such disclosure is consistent with the CC Policies.
(ii) Registrants must provide the following information to CC or its accredited registrar:
- Legally recognized first and last name (surname) of the contact person for the Registrant (this contact person may be the Registrant itself).
- If the Registrant is an organization, association, Limited Liability Company, Proprietary Limited Company, or other legally recognized entity, the contact person must be a person authorized under the applicable law in the applicable territory to legally bind the entity.
- Valid postal address of the Registrant.
- Functioning email address of the Registrant.
- Working telephone number for the Registrant, including country code, area code, and proper extension, if applicable.
Providing true, current, complete, and accurate contact information is an absolute condition of registration of a .shop Domain name within the .shop TLD. If any Registrant Information provided during registration or subsequent modification to that information is false, inaccurate or misleading, or conceals or omits pertinent information, CC may instruct the registry to terminate, suspend or place on hold the .shop Domain name(s) of any Registrant without notification and without refund to the Registrant; and
(iii) The Registrant is responsible for keeping the Registrant Information up to date and responding in a timely fashion to communications regarding the .shop Domain name or other .shop domains registered by them.
(iv) The Registrant may be requested to submit content, material, web page(s) or URL(s) accessed through the CC network to the manufactures of internet content filters, and such request shall be a binding obligation.
5. Agents. The Registrant understands, acknowledges and agrees that by using the .shop Domain name, the Registrant ratifies and is bound by this Agreement (including the CC Policies incorporated into this Agreement) even if an agent (such as an Internet Service Provider, Domain name retailer, or employee) entered into this Agreement on the Registrant’s behalf, and even if the Registrant has not itself read this Agreement. Further, the Registrant is responsible for all information submitted by its agent. CC will not cancel this Agreement, or refund any fees, because of any errors or omissions by the agent in the registration process or thereafter (e.g. if such agent provides incorrect Registrant Information), as such apparent authority will suffice to bind the Registrant. By acting on the Registrant’s behalf, such agent represents and warrants to the Registrant and CC that the agent is authorized to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Agreement (including the CC Policies incorporated into this Agreement).
6. Scope of Registration. On payment of the Registration Fee to the registrar and after payment by the registrar to the CC of the separate registration fee and after acceptance of the Application, the Registrant will be entitled to a license for the exclusive use of the domain name resolution services relating to the .shop Domain name for the Term. However, the Registrant shall not use, display, exploit, or register a .shop Domain name in any manner which may constitute illegal activity or be in contravention or violation of CC Policies. The Registrant acknowledges that a breach of this Section 6 will constitute a material breach of this Agreement which will entitle CC to terminate this Agreement immediately upon such breach without any refund of the Registration Fee. The CC or an accredited registrar may, in such party’s sole discretion, refuse registration of or discontinue to provide services with respect to the Registrant’s desired .shop Domain name within thirty (30) calendar days from receipt of payment of the Registration Fee by the accredited registrar. In case of such refusal without cause (“cause” being defined as dishonoring any payment made to an accredited registrar and⁄or CC or any violation of the CC Policies), CC shall refund to the accredited registrar the separate registration fee received by the CC and the registrar shall refund to the Registrant the Registration Fee. Neither CC nor an accredited registrar shall be liable for any loss, damage, or other injury whatsoever resulting from CC or registrar’s refusal to register or to discontinue services in relation to the Registrant’s desired .shop Domain name.
7. Registrant Representations and Warranties. The Registrant represents, warrants, and guarantees that:
(i) the Registrant understands that registration entitles the Registrant only to a license for the use of the domain name resolution services relating to the .shop Domain name for the Term and that use of such services is subject to this Agreement (including the CC Policies) and other pertinent rules and laws, including those concerning trademarks and other types of intellectual property, as these may now exist or be revised from time to time;
(ii) to the best of the Registrant’s knowledge and belief, neither the registration of the .shop Domain name nor the manner in which it is to be directly or indirectly used infringes the legal rights or intellectual property rights of a third party;
(iii) the Registrant will use, display, or exploit the .shop Domain name in good faith, and in accordance with the laws of the US government, international law, and applicable state laws and regulations, and will not use the .shop Domain name in any way which may violate a subsisting right of CC or any third party;
(iv) the information provided by the Registrant is true and accurate, and the Registrant will update said information immediately if it changes;
(v) the Registrant is either (a) an identifiable human individual (over the age of 18 years); or (b) a legally recognized statutory entity (such as a Limited Liability Company, Partnership, Association, Society or Proprietary Limited Company);
(vi) the Registrant will promptly notify CC of any actual or threatened proceedings brought in respect of the words used as or incorporated in the .shop Domain name whether by or against the Registrant;
(vii) the Registrant will not, directly or indirectly, through registration or use of the .shop Domain name or otherwise:
(a) register a .shop Domain name for the purpose of diverting trade from another business or website;
(b) deliberately register as a .shop Domain name misspellings of another entity’s personal, company or brand name in order to pass-off or trade on the business, goodwill or reputation of another;
(c) grant or purport to grant a security interest or other encumbrance on or over the .shop Domain name unless such security interest or other encumbrance does not exceed the limited rights of the Registrant in the .shop Domain name, does not impair the Registrant’s ability to fulfill the Registrant’s obligations under this Agreement, and does not impose obligations on the CC beyond the obligations owed by the CC to a registrant in the absence of such a security interest or encumbrance;
(viii) the Registrant meets and will continue to meet for the whole of the Term any eligibility criteria prescribed in the CC Policies for registering and using the .shop Domain name;
(ix) that the Registrant will maintain the Registrant Information provided pursuant to Section 4 according to the requirements of Section 4;
(x) the Registrant has not previously submitted an application for registration of a domain name for the same character string with another registrar where:
(a) the Registrant is relying on the same eligibility criteria for both domain name applications; and
(b) the character string has previously been rejected by the other registrar;
(xi) any content, material or web page contained on any Uniform Resource Locator (“URL”), web site or web page accessing, utilizing or accessed by means of the .shop Domain name complies with the CC Acceptable Use Policy and the US govt. recommendations and does not constitute or contain any illegal or prohibited content, including, but not limited to indecent, obscene, or pornographic material (as described more fully in the CC Acceptable Use Policy), whether incorporated directly into or linked from a web site resolved via a .shop Domain name;
(xii) the use of the .shop Domain name and of any web page or URL accessed by or utilizing the .shop Domain name will comply with the requirements of the CC Acceptable Use Policy and Us govt. recommended policies including, without limitation, those policies relating to spam.
8. CC Representations and Warranties. CC represents, warrants, and guarantees that:
(i) CC manages the .shop top level domain name in trust for the United States Community;
(ii) CC has the full right, power, legal capacity, ability, and authority to enter into this Agreement, and to carry out the terms and conditions hereof notwithstanding the disclaimer below;
(iii) CC will process the Registrant’s Application and consider whether to accept or reject it in accordance with the criteria laid down in this Agreement (including the CC Policies);
(iv) CC will, if the Application is successful, use its reasonable endeavors to ensure that the details supplied by the Registrant are entered into and maintained in the .shop zone file; and
CC’s breach or misrepresentation of these warranties shall constitute a material breach of this Agreement. In the event of such material breach by CC, the Registrant’s only recourse against CC shall be to terminate its Agreement with CC. CC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE MAXIMUM EXTENT POSSIBLE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT. CC DOES NOT GUARANTEE ANY INFORMATION PROVIDED TO THE REGISTRANT BY IT OR ITS AGENTS NOT INCORPORATED INTO THIS AGREEMENT AND, ACCORDINGLY, NO SUCH INFORMATION CREATES ANY EXPRESS OR IMPLIED WARRANTY. CC’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE REGISTRANT AGREES THAT CC WILL REGISTER DOMAIN NAMES ON A FIRST COME, FIRST SERVED BASIS. CC DOES NOT GUARANTEE THAT ANY DOMAIN APPLIED FOR BY THE REGISTRANT WILL BE AVAILABLE OR WILL BE SUCCESSFULLY REGISTERED, AND THE REGISTRANT AGREES THAT IT DOES NOT HAVE ANY RIGHT OF OWNERSHIP IN A REGISTERED DOMAIN.
9. Breach. Failure of a Registrant to abide by any provision of this Agreement (including the CC Policies) may be considered a material breach. In the event of such material breach, CC may provide a written (including email) notice to the Registrant describing the breach. The Registrant in such event then has thirty (30) days to rectify or cure such breach or to provide evidence reasonably satisfactory to CC that there is no breach of this Agreement or CC Policies. In the event of a breach that is not rectified, cured or refuted by the Registrant to CC’s satisfaction, CC may cancel the Registrant’s registration of and license to use the .shop Domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be deemed excused in the event that CC did not act earlier in response to the breach by Registrant. In the event of a breach which, in the opinion of the CC or an accredited registrar, causes immediate harm to the public interest or the CC Network or which violates any applicable law or regulation, then an accredited registrar and⁄or the CC may modify, suspend, or terminate services to the Registrant without written notice, the modification, suspension, or termination of services constituting notice to Registrant that such a breach has occurred. See Section 12, below for important limitations on the liability of CC and accredited registrars with regard to good faith acts by such parties under this Section.
10. Disputes Involving Registrants. The Registrant acknowledges that CC cannot, and does not, screen or otherwise review any Application to verify that the Registrant has legal rights to use a particular character string as or in a .shop Domain name. In the event that any party disputes the Registrant’s legal right to use, display, exploit, or register the .shop Domain name in any fashion, including allegations that prohibited material (as defined in the CC Acceptable Use Policy) is displayed on or linked to from a website which is resolved via a .shop Domain name, CC and the Registrant shall act in accordance with and agree to be bound by CC’s Complaint Resolution Policy and Service. The Registrant is strongly encouraged to, prior to applying for registration of the .shop Domain name, perform a trademark search with respect to the acronyms, words and⁄or phrases comprising the .shop Domain name. The Registrant will be solely liable in the event that the Registrant’s use of a .shop Domain name constitutes an infringement or other violation of a third party’s rights.
11. Indemnity. The Registrant shall defend, indemnify, and hold harmless CC, the registry operator, accredited registrars and such parties’ officers, directors, shareholders, owners, managers, employees, agents, contractors, affiliates, lawyers and attorneys (“CC Related Parties”) from and against any and all claims of third parties or made by the Registrant, including, but not limited to all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable lawyers or attorneys’ fees (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party) and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of the indemnified party’s domain registration or other services, or to the .shop Domain name itself, including the Registrant’s use, display, exploitation, or registration of the .shop Domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the .shop Domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant’s indemnification obligations. Failure to provide such written assurances is a material breach of this Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, or modification of the domain name registration services and any such termination, suspension, or modification shall in no way prejudice or substitute for an indemnified party’s right to seek indemnification by way of litigation or otherwise.
12. DISCLAIMER AND LIMITATION OF LIABILITY. The Registrant acknowledges and agrees that, to the maximum extent possible, CC AND THE CC RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN, OR IN ANY OTHER WAY RELATED TO THE DOMAIN, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, CC AND CC RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM “HACKING”, DENIAL OF SERVICE ATTACK, VIRUS, WORM OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN OR SERVICES RELATED TO THE DOMAIN NAME.
IN THE EVENT THAT CC OR A CC RELATED PARTY TAKES ACTION WITH RESPECT TO A .shop DOMAIN NAME PURSUANT TO SECTION 9, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY CC, A CC RELATED PARTY, BY OR THROUGH THE CC COMPLAINT RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, ABSENT BAD FAITH BY SUCH PARTY, THAT CC AND CC RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF CC OR CC RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF CC OR CC RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE SERVICES AGAIN, IF POSSIBLE, OR, IF NOT POSSIBLE, A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT.
IN ADDITION, CC AND CC RELATED PARTIES ARE NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE .shop TOP LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF CC OR CC RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF CC OR CC RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY FOR CC OR CC RELATED PARTIES’ BREACH OF THIS AGREEMENT SHALL BE, AT THE SOLE DISCRETION OF CC OR CC RELATED PARTIES, THE RESUPPLY OF THE SERVICES AGAIN OR A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. THE REGISTRANT’S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO CC OR CC RELATED PARTIES BY THE REGISTRANT.
13. Notices. Notices to CC shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., Express Mail or Federal Express) in the manner of quickest delivery (i.e., overnight delivery, if possible) to:
Commercial Connect LLC. Notices mailed by registered or certified official mail of a country shall be deemed delivered on receipt.
Notices to Registrant shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., Express Mail or Federal Ex press) in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in the sole discretion of the CC or a CC Related Party, by email or fax to the Registrant Information.
14. Governing Law ⁄ Forum Selection. For all disputes in which the CC may be or is a party to the dispute, this registration agreement shall be exclusively governed by the laws of the US government applicable to contracts made and performed in the US government, without regard to conflict of laws principles. The Registrant hereby consents to the exclusive personal jurisdiction of the courts of the US government, for any and all claims or disputes directed against the CC and which arise out of, purport to enforce, construe, or otherwise relate to the .shop Domain name, this Agreement, or CC Policies. The exclusive venue for such action shall be the Courts of the US government. The Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the CC, disputes not involving the CC as a party may be governed by a governing law and⁄or forum selection clause contained in a separate agreement, if any, between the Registrant and such other disputant (for example, disputes between and accredited registrar and a Registrant may be governed by a separate agreement, if any, between the Registrant and the accredited registrar); provided, however, that no such separate agreement may modify or waive either CC’s or Registrant’s consent to exclusive choice of law, jurisdiction, and venue in the US government and the courts of the US government for disputes in which the CC is or may be a party, as described above.
15. OWNERSHIP OF INFORMATION AND DATA. Registrant agrees and acknowledges that CC and⁄or any CC delegee shall own all database, compilation, collective and similar rights, title and interests worldwide in any domain name database(s), and all information and derivative works generated from the domain name database(s) and that such domain name database may include, without limitation, (a) the original creation date of domain name registration(s), (b) the expiration date of domain name registration(s), (c) the name, postal address, email address, voice telephone number, and where available fax number of all contacts for domain name registration(s), (d) any remarks concerning registered domain name(s) that appear or should appear in the WHOIS or similar information repositories, and (e) any other information generated or obtained in connection with providing domain name registration services. CC and⁄or any CC delegee shall not have any ownership interest in a single Registrant’s specific Registration Information outside of CC and⁄or any CC delegee’s rights in one or more domain name database(s).
16. Severability. If any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of CC and the Registrant in executing this Agreement.
17. No Waiver. 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.
18. Full Integration. This Agreement, together with the CC Policies expressly incorporated herein by reference, constitutes the entire agreement between the Registrant and CC relating to the .shop Domain name. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this Agreement, and this Agreement supersedes all prior written, oral, or electronic agreements between the Registrant and CC relating to the .shop Domain name. Additional agreements, if any, may be entered into between the Registrant and accredited registrars relating to domain name services in the .shop TLD provided by such accredited registrars, provided that no such additional agreement may waive, alter, or supersede any provision of this Agreement nor may such an additional agreement impose any obligation upon CC without CC’s express written consent. If there is any conflict between such additional agreements and this Agreement, this Agreement shall control.
19. Written Agreement. This Agreement constitutes a written agreement between Registrant and CC even though the Registrant’s Application may be dispatched electronically, and even though CC may accept the Application 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.
20. Assignment. The parties agree that CC is able to assign this Agreement to a third party without prior written notice to the Registrant.

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