Terms of Service and Disclaimer
Introduction. As used throughout the following Agreement, the term "Registrar" shall refer to Mobinor AS, the party providing domain name registration services at http://www.mobinor.com and http://www.mobinor.no; the term "Customer" refers to those who register domain names through Registrar; the term "Services" refers to all domain name services provided by the Registrar to Customer at http://www.mobinor.com and http://www.mobinor.no; the terms "we," "our," and "us" refer to Registrar, where applicable; the terms "you" and "your" refer to Customer where applicable. This Agreement defines the terms and conditions of your registration of domain names through our domain registration service. To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the dispute policy, and any rules or policies of general applicability that are or may be posted by us on our website from time to time. You acknowledge that we may modify this Agreement to the extent necessary to comply with applicable law, any ICANN and NORID policy, or any policy adopted by VeriSign, Inc. ("VeriSign").

Mobinor provides its domain search and registration service on an "as is" basis. Because the information contained in your domain name search results is generated electronically from multiple data sources, you should not assume:
(1) that any of your domain name search results are error-free
(2) that any report will return completely accurate, reliable, timely, correct, useful or complete results, or
(3) that your use of the domain name search service will be uninterrupted

Mobinor do not provide trademark research services or trademark law and related issues. We are not a law firm and do not provide legal services. Only a lawyer can provide you with specific advice to rely on. 

Fees. As consideration for domain name registration services provided by us, you agree to pay all initial registration fees and applicable renewal fees with respect to each second-level domain ("SLD") name at the time of registration or renewal. If, for any reason, you fail to pay any initial fees or renewal fees when due, we have the right to immediately cancel all SLD names for which payment was not received, without further notice to you. We reserve the right to adjust our registration and renewal fees prospectively upon fifteen (15) calendar days prior notice.

All domain name sales are final. There are no refunds, returns, allowances, or credits on any domain names purchased by you. Furthermore, you agree that you will not chargeback any amounts previously charged to your credit card by us. If you chargeback a credit card charge for a payment initiated by you, you agree that we may recover the amount of the chargeback, as well as the chargeback fee by any means we deem necessary, including but not limited to re-charging your credit card for the chargeback. Furthermore, if you initiate a chargeback of a previous credit card charge, access to your account may be denied until payment is made and your account may be terminated, both at the sole discretion of us.

Term; Registration Period. The term of this Agreement, as in effect from time to time, will extend through and continue in force at any time during which you have any SLD name registered through us.

Registration Data. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:

  1. Your full name, postal address, e-mail address, voice telephone number, and fax number if available;
  2. The name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
  3. The full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the SLD name;
  4. The name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the SLD name.

Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over fifteen (15) calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the WHOIS directory with respect to an SLD name concerning the accuracy of contact details associated with any registration(s) or the registration of any SLD name(s) registered by or through you or your account, shall constitute a breach of this Agreement.

You shall also be the only authorized user of the Services under this Agreement. 

License of SLD Names. If you license use of an SLD name to a third party, you remain the holder of record, and you acknowledge that you remain responsible for providing and updating your own full contact information and for providing and updating accurate  administrative, and billing contact and other information in accordance with this Agreement. If you license use of an SLD name, you shall accept liability for harm caused by wrongful use of the SLD name, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm.

Domain Name Transfers. If you transfer any SLD name, you agree to abide by the policies and procedures relating to the transfer of SLD names as may be adopted by us and as in effect, which policies and procedures may require, among other things, the submission of hard-copy record of transfer of ownership, the submission of information concerning the transferor and transferee and the transfer, including but not limited to the information described in Section 4 of this Agreement with respect to the transferee, and may impose reasonable information collection and record keeping obligations on you. Such policy and procedure may require you upon such transfer to relinquish all control over the SLD name transferred.

Use of Our Services.You agree that your ability to use our registration services is subject to termination or suspension, and your ability to register or modify any particular SLD name is subject to suspension, cancellation, or transfer:

  1. At any time pursuant to any ICANN, NORID, VeriSign and other local/national policy Policy now in effect or hereafter adopted;
  2. To correct mistakes by us, NORID, accredited registrars or the VeriSign Global Registry ("Global Registry") in registering SLD name(s), including but not limited to the correction of erroneous or inadvertent deletions of SLD names, or in connection with the resolution of disputes in accordance with the Dispute Policy; or
  3. In the event of any breach of any representation, warranty, agreement or other provision of this Agreement, upon e-mail notice of such breach and the expiration of a fifteen (15) calendar day cure period.

You agree not to use our services or website or permit any person or entity through you to use our services or website for:

  1. The transmission of unsolicited, commercial e-mail (spam);
  2. High volume, automated, electronic processes that apply to the Global Registry for large numbers of SLD names, except as reasonably necessary to register SLD names or modify existing registrations; or
  3. High volume, automated, electronic, repetitive queries except as reasonably necessary to register SLD names or modify existing registrations.

If you are found to have engaged in any abusive spamming practices, your account will be subject to immediate termination, at the sole discretion of us, and your account information will be turned over, with your personal information being forwarded to the appropriate organization. You also agree that we may, in our sole discretion, publish your name, contact information, and I.P. address, along with full header information for any spam activity you have engaged in. Additionally, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, you agree to pay us liquidated damages of five dollars (U.S. $5.00) for each piece of "spam" or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise, you agree to pay us actual damages, to the extent such damages can be reasonably calculated. You agree that we may charge such damages to your account, your designated credit card, or other account specified by you for registration of domain names with us.

National/local terms. Any local/national domain rules apply for the domains concerned. By accepting a service from Mobinor, the customer accept any national/local terms concerning the domain ordered. 

LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (A) ANY ACT OR OMISSION OF YOU OR YOUR AGENT (WHETHER AUTHORIZED OR UNAUTHORIZED); (B) ANY LOSS OF REGISTRATION OF ANY SLD NAME; (C) THE USE OF YOUR SLD NAME OR PASSWORD; (D) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR REGISTRATION SYSTEM; (E) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND US; (F) EVENTS BEYOND OUR CONTROL; (G) THE PROCESSING OF ANY SLD NAME REGISTRATION; (H) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR SLD NAME; (I) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (J) THE APPLICATION OF THE DISPUTE POLICY. FURTHERMORE, WE WILL NOT BE LIABLE FOR 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SOFTWARE OR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SOFTWARE OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR WEBSITE WILL BE CORRECTED. WE DO NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR SOFTWARE OR WEBSITE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

YOU FURTHER AGREE THAT WE PROVIDE OUR SERVICES TO YOU ON AN "AS-IS," "AS-AVAILABLE" BASIS. NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL HAVE ANY LIABILITY TO YOU FOR ANY FAILURE OR DELAY TO MAINTAIN OR PROVIDE TO YOU ANY SERVICES OFFERED BY US.

Indemnity. You agree to defend, indemnify and hold us harmless and any applicable SLD name registry, including VeriSign, Inc., and the shareholders, directors, officers, employees, affiliates and agents of us and them, from and against any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action, proceeding, suit or demand arising out of or related to:

  1. Any SLD name registered by you or the transfer or use thereof;
  2. Any dispute concerning an SLD name;
  3. Your breach (or the breach by any of your officers, agents, employees or other representatives) of any agreement contained in this Agreement; or
  4. Any cancellation, suspension or transfer of any SLD name in accordance with this Agreement

Representations and Warranties.You represent and warrant that all information provided by you in connection with your registration is complete and accurate. You represent and warrant each time you register an SLD name that, to the best of your knowledge and belief, neither the registration of the SLD name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party, and that the domain name is not being registered, used or facilitated for any unlawful purpose. In applying for an SLD name, you represent and warrant that the registration is not made in bad faith and that the name does not conflict with another SLD name. We make no representations or warranties of any kind in connection with this Agreement. Specifically but without limitation, we do not represent or warrant that registration of your SLD name will immunize you from challenges to your SLD name.

Breach and Revocation; Notice of Cancellation. Except as otherwise specified in this Agreement, any breach by you of this Agreement or the Dispute Policy must be remedied by you within fifteen (15) business days following e-mail notice by us. Such notice shall be deemed delivered when sent to the e-mail address then on record for your administrative contact in the WHOIS directory. If you fail to cure the breach within such cure period, we may terminate this Agreement, cancel your registration of the SLD name(s), transfer such SLD names to another person or entity and/or seek any remedy available at law or in equity including but not limited to obtaining an injunction or specific performance. Except as otherwise specified in this Agreement, notice of revocations, suspensions, transfers, or cancellations of your SLD name(s) by us pursuant to this Section will be provided to you within fifteen (15) business days following the taking of such action. Furthermore, in the event that you breach any provision of this Agreement, you agree that we may terminate your use of our domain nameservers. In the event such a breach occurs by you, we will post a page from your domain name stating that you have violated our terms and conditions of service.

Refusal to Register Domain Name. Pursuant to ICANN., NORID and VeriSign Policy, we reserve the right to refuse to register any SLD name(s), or to cancel, transfer or suspend any SLD name(s) registered with us within the first thirty (30) calendar days following receipt of your payment for such registration(s). In the event we do not register an SLD name or we cancel or transfer an SLD name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) with respect to such SLD name which you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register any SLD name(s) or the cancellation or transfer of any SLD name(s).

Termination of Free Services. We reserve the right, in our sole discretion, to terminate any Service(s) provided to you, including but not limited to free hosting, domain redirection, domain parking, email forwarding, etc. with respect to any domain name that you subsequently transfer to another registrar. You understand and acknowledge that your continued use of any of our Services is conditioned on your domain remaining registered with us and not violating our other stated conditions.

Governing Law; Jurisdiction. This Agreement shall be governed by Norwegian law. The parties hereto will use their best endeavors to settle amicably any dispute, controversy or claim which may arise out of or in connection with this Agreement, but failing results from such efforts, the dispute, controversy or claim shall be settled by arbitration in accordance with the Rules Norwegian Arbitration rules ("voldgift"). The place of proceedings shall be Oslo, Norway. The proceedings shall, if requested by any of the parties, be conducted in the English language. The decision shall be final and binding upon the parties. If arbitration is necessary, each party shall select an arbitration member ("voldgiftsmann"), together they select a third member that will be the chairman of the arbitration court. Beside this the instructions of "lov om rettergangsmåten i tvistemål av 13.8.15 nr. 6 kapittel 32" be used. The mere fact that a dispute is the subject of negotiations between the parties or is presented to any court or arbitration panel for resolution shall not in itself relieve the parties from their obligations under the Agreement.

Notices. Except as otherwise specifically stated herein, you agree that all notices from us to you shall be delivered by posting such notices on our website and shall be deemed delivered and effective fifteen (15) calendar days after such posting. Notices from you to us shall be by e-mail to our appropriate e-mail address as specified on our website, and shall be deemed delivered when received by e-mail, or notices shall be in writing by first class mail to Mobinor AS, P.O.Box 447, 1371 Asker, Norway. The foregoing, notwithstanding, you understand and agree that any e-mails received by us from any e-mail address provided to us or set forth as a contact address (whether billing, technical or administrative) with respect to your SLD name shall be deemed to have been sent by you or your duly authorized agent having the actual and apparent authority to act to bind you.

General. This Agreement, our fee schedule and the Dispute Policy, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior agreements or other communications whether oral or written. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us. Our failure to require your performance of any provision hereof shall not affect the right to require such performance 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 is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement, but such provision shall be automatically amended and replaced with a provision that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. No provision of this Agreement, including our fee schedule and the Dispute Policy, may be amended or modified by you except by means of a written document signed by us. We may modify this Agreement at any time by posting such modification(s) on our website. Such modifications will become effective fifteen (15) calendar days after posting. Your continued use of our registration services after such modification(s) become(s) effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your SLD name(s) be cancelled or transferred to another registrar. This Agreement shall not confer any benefits upon any person or entity other than you and us, and shall not be construed to create any obligation by us to any non-party.

Important additional disclaimer. Mobinor acts as an agent of you in submitting domain name registration to the appropriates. By ordering domain services from Mobinor, you also accept the following terms of Service:

.no domains: Norwegian terms

.com, .org, .net, .info, .biz: International terms

 

 

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