POLICIES: .JOBS APPLICATION AND REGISTRATION AGREEMENT
This Application and Registration Agreement (the “Agreement”) sets forth the terms and conditions of your application for, registration of and use of any .jobs domain name. By applying for, registering and/or using a .jobs domain name, you represent that you have read and agreed to be bound by all terms and conditions of this Agreement, including all of its Appendices, and any rules, procedures or guidelines that are or may be published by Employ Media LLC d/b/a .jobs. You acknowledge that .jobs may modify this Agreement as provided herein.
In this Agreement, “Company” (with regard to “companyname” domains – See Appendix B) refers to the employer entity which will be the listed registrant of the .jobs domain which is the subject of this Agreement. Except as otherwise indicated, “you” and “your” refer to the person applying for the .jobs domain, the person and/or entity which is the listed registrant of the .jobs domain, the Company and/or the person applying for the .jobs domain on behalf of the Company and/or the Agent (as defined in Section 12, Agency) applying for the .jobs domain on behalf of the Company. “We”, “us” and “our” refer to Employ Media LLC d/b/a .jobs.
1. Use of Your Information
As part of the application and registration process, you are required to provide certain information to us, including information provided to us for verification of your qualification as an applicant (see Appendix A) and qualification of your requested domain name (see Appendix B), such as your company name, your logo(s), your online web identity, etc. (collectively, “Information”). We reserve the right to request additional Information at any time during the application process or during the term of registration, including information regarding your use of a .jobs domain such as screen shots (also “Information”). The Information will be used by us in performance of the obligations, promotion and duties of the .jobs registry, including as set forth herein regarding verification, and may be made publicly available, as required by ICANN or pursuant to registry operation. You consent to the use, copying, reproduction, distribution, publication, modification, and other processing of your Information, your .jobs domain and any website resolving at your .jobs domain by .jobs and our designees and agents in a manner consistent with .jobs’ obligations under this Agreement and our rules, guidelines and procedures for maintaining and operating the .jobs registry, including promotion thereof. You consent to use of the Information for the purposes set forth above, and irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your Information by us, our designees and agents. You acknowledge that providing false, fraudulent or inaccurate Information or willfully failing to update Information promptly will constitute a material breach of this Agreement subject to the remedies set forth in Section 8, Breach and Revocation.
2. Dispute Policy
In the event of a dispute with a third party regarding your application, registration, or use of any .jobs domain name, you will submit to proceedings under ICANN’s Uniform Domain Name Dispute Policy or your registrar’s dispute policy, whichever is applicable.
3. .jobs Procedures and Guidelines
From time to time we and/or the .jobs policy delegate, the Society for Human Resource Management (“SHRM”), will set forth rules, procedures and/or guidelines governing applications for .jobs domains, registrations of .jobs domains and use of .jobs domains (“Procedures and Guidelines”). Procedures and Guidelines are available upon request and may be posted at the .jobs home page or elsewhere as set forth by us. At all times during your application for and registration of your .jobs domain(s), you will comply with all Procedures and Guidelines. We and/or SHRM may modify the Procedures and Guidelines in our sole discretion, at any time.
4. .jobs Restrictions
.jobs applications must be submitted by you as set forth in Appendix A – Applicant Qualifications. You represent and warrant that, upon application for a .jobs domain and during the registration thereof, you comply with the requirements set forth in Appendix A. .jobs applications will only be accepted for .jobs domains which are included in a product category set forth in Appendix B – Product Categories. .jobs domains may only be used as set forth in Appendix C – Sponsored TLD Compliance. You represent and warrant that during the term of registration of your .jobs domain you will use the .jobs domain in compliance with the provisions of Appendix C.
5. Limitation of Liability
.jobs WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO OR IN CONNECTION WITH (A) ANY FAILURE TO REGISTER OR REGISTRATION OR LOSS OF REGISTRATION OF A DOMAIN NAME; (B) THE USE OF A DOMAIN NAME; (C) DELAYS OR INTERRUPTIONS OF ACCESS TO .jobs’ REGISTRATION SYSTEM; (D) THE FAILURE TO DELIVER OR DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND .jobs; (E) EVENTS BEYOND .jobs’ REASONABLE CONTROL; (F) THE PROCESSING OF ANY APPLICATION; (G) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH A DOMAIN NAME; (H) REJECTION OF YOUR APPLICATION FOR A .jobs DOMAIN NAME; OR (I) THE APPLICATION OF ANY DISPUTE OR OTHER APPLICABLE POLICY. FURTHER, .jobs WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS AND LOST DATA) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF .jobs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL .jobs’ MAXIMUM LIABILITY EXCEED THE WHOLESALE COST OF THE DOMAIN WHICH IS THE SUBJECT OF ANY CLAIM FOR DAMAGES OR OTHER COMPENSATION (AS SET BY .jobs AT THE TIME OF YOUR PURCHASE OF, OR APPLICATION FOR, SUCH DOMAIN NAME). IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless .jobs and our affiliates, business partners, directors, officers, employees and agents, from and against any and all claims, actions, losses, damages, expenses and costs, including attorneys’ fees and expenses, arising out of or relating to (i) your application for and/or registration and/or use of any domain name, (ii) any breach by you of this Agreement, including Procedures and Guidelines, representations and/or warranties herein and any Appendix hereto, or (iii) any third party claim, action, or demand related to any domain name or the use thereof.
7. Representations and Warranties
You represent that, to the best of your knowledge and belief, neither the application for or registration of any domain name nor the manner in which it is directly or indirectly used infringes or violates the legal rights of any third party. You represent and warrant that all information provided by you in connection with your registration is complete and accurate and that you have full capacity and authority to enter into this Agreement. Other representations and warranties made by you are set forth elsewhere in this Agreement. We make no representations or warranties of any kind in connection with this Agreement.
8. Breach and Revocation
In the event of a breach by you of any provision of this Agreement, including representations and/or warranties herein, Procedures and Guidelines and Appendices hereto, we shall have the right in our sole discretion to delete, cancel, revoke, suspend, place on hold or lock, transfer or modify your registration of the domain name related to the breach (including by modifying your DNS settings), without prior notification to you and without regard to any period of time remaining in your registration term, including any future year(s) of registration you have already purchased.
You acknowledge that we reserve the right to conclude that your conduct is in violation of the foregoing provisions and/or in breach of any provision of this Agreement, and we may arrive at such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded, and even if our opinion or suspicion is proven not to be well-founded. Any action taken by us under this section may be taken by us in our sole discretion, without notice to you, without any obligation to refund fees paid, and otherwise without liability to you or to any third party for any such action.
9. Governing Law
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Ohio, as if the Agreement were a contract wholly entered into and wholly performed within the State of Ohio, and without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Ohio to the rights and duties of the Parties. Any action to enforce this Agreement or any matter relating to your use of a .jobs domain may be brought only in the United States District Court for the Northern District of Ohio (Eastern Division) or in the state courts of Cuyahoga County, Ohio, and each party to this Agreement expressly and irrevocably consents and submits to the jurisdiction and venue of such Courts, and courts of appeal therefrom, in connection with any such legal proceeding.
You agree that we may revise, amend or modify the terms and conditions of this Agreement, including Procedures and Guidelines and any Appendix hereto, in our sole discretion. Any such change will be binding and effective immediately on the date on which the revised Agreement is posted on the .jobs web site (www.goto.jobs), or, if notification of such changes is made available to you only by e-mail or United States mail, upon your receipt thereof. You agree to review the .jobs web site periodically to keep track of any such changes to the Agreement. If any such change constitutes a materially adverse change to you, you may request that your domain name registration be cancelled (so long as you are not in breach of this Agreement). You agree that such cancellation will be your exclusive remedy in such event. Except as otherwise expressly provided above, no provision of this Agreement, including Procedures and Guidelines and any Appendix hereto, may be amended or modified by you except by means of a written document signed by us.
This Agreement, together with all Procedures and Guidelines, all Appendices hereto, and all amendments or modifications, constitutes the complete and exclusive agreement between you and .jobs regarding the subject matter hereof, and supersedes and governs all prior proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and such provision will be amended or construed so as to render it valid and enforceable and achieve, to the greatest extent possible, the objectives and intent reflected in the original provision. The provisions of Sections 1, 2, 5, 6, 7, 9 and 11 of this Agreement shall survive the termination or other expiration of this Agreement.
An application for a .jobs domain may be submitted by a person or entity acting as an agent of a Company (an “Agent”). If an Agent submits an application for a Company, the Agent represents and warrants that (i) the Agent has the actual authority to submit the application on behalf of the Company; (ii) all Information submitted by Agent is accurate and complete and complies with the terms of this Agreement; and (iii) the Agent itself, or the person(s) the Agent is representing, complies with the terms of this Agreement, including applicant qualifications set forth in Appendix A. We reserve the right to request additional Information of Agent at any time during the application process or during the term of registration, including but not limited to contact information for the Company. We further reserve the right to contact the Company directly regarding actions of the Agent or any matter relating to compliance with the terms and conditions of this Agreement. Agent agrees to defend, indemnify and hold harmless us and our affiliates, business partners, directors, officers, employees and agents, from and against any and all claims, actions, losses, damages, expenses and costs, including attorneys’ fees and expenses, arising out of or relating to any claim by Company or Agent based upon the acts or omissions of Agent regarding (i) application for and/or registration and/or use of any domain name, (ii) any breach of Company’s obligations under this Agreement, including Procedures and Guidelines, representations/warranties and any Appendix hereto, or (iii) any third party claim, action, or demand related to any domain name or the use thereof.
Appendix A – Applicant Qualifications
The .jobs Top-Level Domain is a sponsored Top-Level Domain. All applicants for .jobs domain names must comply with the terms set forth in the .jobs Charter, including but not limited to Section IV:
The following persons may request registration of a second-level domain within the .JOBS TLD:
* members of SHRM; or
* persons engaged in human resource management practices that meet any of the following criteria: (i) possess salaried-level human resource management experience; (ii) are certified by the Human Resource Certification Institute; (iii) are supportive of the SHRM Code of Ethical and Professional Standards in Human Resource Management, as amended from time to time, a copy of which is attached hereto.
By submitting a request for a .jobs domain, you represent and warrant that you qualify to request registration of a second-level domain within the .jobs Top-Level Domain under the Charter language set forth above.
Appendix B – Product Categories
Applications for .jobs registrations are accepted only in the category(ies) listed below:
The “companyname” category.
For .jobs domains in this category, the Company must be an employer. The companyname category consists exclusively of those names which are, or include:
1. The legal trade name of the Company, or
2. A name by which the Company is commonly known (such as a brand name or product name).
By submitting an application for a .jobs domain, you represent and warrant to us that the string which comprises the requested domain name is, or includes, the legal trade name of your Company or a character string by which your Company is commonly known.
It is your burden to provide information evidencing the trade name or commonly known name of the Company. You represent and warrant that any information you submit to us for the purposes of verifying a trade name or a commonly known name is true and accurate and refers to the Company.
We will determine, in our sole discretion and in our sole judgment, whether or not an application for a .jobs domain name qualifies under these requirements. In making such a determination, we may obtain information from third-party sources. We may contact you (either directly or through your registrar) for additional information regarding the Company’s qualifications hereunder. Failure to respond within a reasonable period of time to our request for additional information will be a material breach of this Agreement and may result, in our sole discretion, in rejection of your application.
We will determine the level of information and/or proof required for verification of either a trade name or a commonly known name, and may employ different standards for each. For example, we may establish a higher standard of proof for applications based upon “commonly known” status as compared to “trade name” status. We reserve the right to establish all standards regarding information submitted for verification.
We are the sole entity which has the authority to verify any application under these requirements. All of our decisions relating to verification are final and unappealable.
You are under a continuing obligation, during the term of your .jobs registration, to maintain your trade name/commonly-known name. In the event Company’s trade name or commonly known name changes, ceases to be used or is otherwise modified during the term of your registration, you must notify us immediately and comply with all of our reasonable requests regarding provision of current verification information. In the event that a change, modification or cessation of use of a trade name or a commonly-known name results in non-compliance with any term or provision of this Agreement (e.g., if your .jobs domain no longer reflects Company’s trade name or commonly-known name), we may deem such non-compliance, in our sole discretion, a material breach of this Agreement.
Non-“companyname” names are domains that are not company names, such as industry, occupation, geographic, dictionary terms and/or combinations thereof. Any .jobs domain allocated under this category is allocated under terms and conditions set forth by us in our sole discretion.
Appendix C – Sponsored TLD Compliance
All .jobs domains must be used in compliance with the .jobs Charter to serve the needs of the international human resource management community. We strongly suggest you use your .jobs domain for employment related purposes (such as a functioning website or for email).
In using your .jobs domain, you may not:
1. Use your .jobs domain for any purposes which are prohibited by the laws of the United States or the jurisdiction(s) in which you do business or any other applicable law.
2. Use your .jobs domain for any purposes or in any manner which violate a statute, rule or law governing use of the Internet and/or electronic commerce (specifically including “phishing,” “hacking,” distributing Internet viruses and other destructive activities).
3. Use your .jobs domain for unsolicited email (e.g., spam).
4. Use your .jobs domain to promote or engage in (i) activities designed to or which defame, embarrass, harm, abuse, threaten, slander or harass third parties; (ii) unlawful activities, or activities designed to or which encourage unlawful behavior by others, such as hate crimes and terrorism; (iii) activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, or racially, ethnically, or otherwise objectionable; (iv) activities designed to impersonate any third party or create a likelihood of confusion in sponsorship , origin of products or services or identity of any party; and (v) activities designed to harm minors in any way.
You are responsible for the usage of your .jobs domain at all times during the period of your registration, including instances wherein you have licensed usage to a third party or otherwise allowed third party usage of your .jobs domain. Third party usage will be dealt with as if it was your usage.
We have complete enforcement rights over your use of your .jobs domain name.
If you violate this Appendix, you will be in material breach of his Agreement, and along with all other rights and remedies we have under this Agreement with respect to such a breach, we reserve the right to revoke, suspend, terminate, cancel or otherwise modify your rights to your domain name.
By “use,” “usage” or “using” your domain name we mean any use involving the Internet, including but not limited to website(s) and/or any pages thereof resolving at your domain, either directly or indirectly (including redirection, framing, pop-up windows/browsers, linking, etc.) and email distribution and/or reception.
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