.fm domain terms&conditions

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.
dotFM will not participate in any way in any dispute between you and any party other than dotFM regarding the Registration and use of your Domain. You will not name dotFM (BRS Media Inc.) as a party or otherwise include dotFM in any such proceeding. In the event that dotFM is named as a party in any such proceeding, dotFM reserves the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend dotFM.

  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. Provision of false Whois information can be grounds for cancellation of the domain name registration with no refund of registration fee(s).

  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.  PremiumPlus™ .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 .FM domain for a one time fee of Twenty United States Dollars (US$20.00), 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$50.00), Plus One Year .FM Domain Registration fee. ALL FEES ARE NON-REFUNDABLE AND NON-TRANSFERABLE, IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM. All personal checks and eChecks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a US $25.00 bounced check fee. Credit cards that are declined for any reason are subject to a $1.00 declination fee. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s), you agree that such action will result in the suspension to any and all accounts you have with us and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our systems shall be assumed by us, as the case may be. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and a reinstatement fee, currently set at US $75.00 per transaction.

 6. Renewals: Domain names are registered on a yearly basis and require the domain holder to renew the domain name in order to maintain the rights to the domain name. ALL domains EXPIRE on the domain name's expiration date. As a result your rights to the domain name also EXPIRES on the domain name's expiration date.
  You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we a may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully. To ensure continuation of service, please be certain you renew the domain name BEFORE the expiration date. To ensure continuation of service, please be certain you have a valid e-mail address on file.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. Right of Refusal. We, in our sole discretion, reserve the right to refuse to register your chosen domain name or register you for other dotFM service(s), or to delete your chosen domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we do not register your chosen domain name or register you for other dotFM service(s), or we delete your chosen domain name or other dotFM service(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) 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 your chosen domain name, the deletion of your chosen domain name or refusal to register you for other dotFM service(s).

  12. 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.

  13. 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.

.COM/.NET/.ORG  Domain Name Registration Terms and Conditions
(effective July 1, 2002. Revised June 25, 2004)

   1. dotFM/BRS Media, Inc. ("dotFM") is a domain registrar partner of Key-Systems GmbH an ICANN Accredited Registrar for .com, .net, and .org domains. dotFM is responsible for the registration of second-level and/or third-level Internet domain names in the top level domains listed on it's home page (www.dot.fm). dotFM registers these second and/or third-level domain names on a "first come, first served" basis. By registering a domain name, dotFM 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. The customer agrees to be bound by the UDRP. If any dispute arises the customer is responsible to protect his interests. The customer accepts that dotFM acts as accredited registrar and might be bound to cancel a domain or to transfer it to a third party - according UDRP-regulations - if the customer does not provide evidence within ten days after an Administrative Panel's decision, that he has commenced a lawsuit against the complainant in a Mutual Jurisdiction regarding the right to use the disputed domain name. During a pending administrative proceeding or during a period of fifteen (15) days after such proceeding is concluded or during a pending court proceeding or arbitration commenced regarding the domain name the customer may not transfer the domain name registration to a third party unless the third party agrees, in writing, to be bound by the decision of the court or arbitrator.

  4. Terms & Conditions Modification(s). Registrant agrees that dotFM, 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). dotFM 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. Provision of false Whois information can be grounds for cancellation of the domain name registration with no refund of registration fee(s).

  5. Payments and Fees. The prices for domain registration and other services of dotFM are published on its order page; these prices can change at any time. All registration/service fees are NON-REFUNDABLE AND NON-TRANSFERABLE. A $50.00 per transaction chargeback fee applies to all chargeback disputes, even those resolved. Any chargeback to a domain holder(s) account will result in the suspension of all domains in the users account, until the chargeback is resolved to the satisfaction of BRS Media Inc.  

 6. Transfer to another Registrar. You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with dotFM or within 10 days of the effective expiration date. You agree to provide written, signed authorization to dotFM for the transfer of the domain name to another registrar and agree to pay any and all fees that may be charged by dotFM to effect the transfer. Your request to transfer to another registrar may be denied in situations described in the Dispute Policy, including, but not limited to: a dispute over the identity of the domain name holder; bankruptcy; default in the payment of any fees; and/or failure to provide written, signed authorization of the transfer.

  7. Indemnity. The registrant hereby agrees to defend, indemnify and hold harmless (i) BRS Media, its officers, directors, employees and agents, 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. Notices. All notices between dotFM 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.

  9. DISCLAIMER. THE REGISTRANT AGREES THAT BRS MEDIA WILL NOT BE LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF REGISTRANT'S 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.

  10. 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.

Appendix for the ID Domain Privacy Service - IDdp.Net.

By selecting the ID Domain Privacy Service, registrant also agrees the the following:

IDdp.Net, a division of BRS Media Inc. ("IDdp.Net"), will be the listed Registrant and domain owner as per the information contained within the official whois record. Your name, postal address, email address, phone and fax numbers shall be kept confidential. Additional restrictions and stipulations pertaining to the ID Domain Privacy Service are as follows:

 a) Full Ownership rights retained by you

Although IDdp.Net is listed as the registrant, you will retain full domain ownership rights, such as:
The ability to sell or transfer each domain. (internal or external transfer)
The ability to manage domain name servers to the settings of your choice.
The ability to create/manage/nameservers for your domain.
The ability to have access to all standard and paid services offered via iDotz.Net  that would require changes to your domain name settings.
The right to cancel the ID Domain Privacy Service so that you become listed as the registrant.
The right to renew your domain upon its expiration.
The right to cancel your domain registration.
 b) Information that will be made publicly available for each domain

The following publicly available information will be listed for your domain as per ICANN Policy. In lieu of your information IDdp.Net contact information will be listed:
Registrant - name, email, address and phone contacts - IDdp.Net will be listed.
Technical - name, email, address and phone contacts - IDdp.Net will be listed.
Billing - name, email, address and phone contacts - IDdp.Net will be listed.
Administrative - name, email, address and phone contacts - IDdp.Net will be listed.
 c) Your obligations relative to information

For each domain that utilizes the ID Domain Privacy Service you agree to provide the following VERIFIABLE information:
Registrant - name, email, address, phone and fax contacts.
Technical - name, email, address, phone and fax contacts.
Billing - name, email, address, phone and fax contacts.
Administrative - name, email, address, phone and fax contacts.
 d) Representations & Warranties.

You warrant that all information provided by you pursuant to this Agreement is truthful, complete, current and accurate. You also warrant that you are using the ID Domain Privacy Service in good faith and that you have no knowledge that the domain listed under ID Domain Privacy Service, infringes upon or conflicts with the legal rights of any third party or any third party's trademark or trade name. You also warrant that neither the ID Domain Privacy Service nor the domain will not be used in connection with any illegal or morally objectionable activity, or, in connection with the transmission of unsolicited commercial email ("Spam").

 e) RIGHTS TO DENY, SUSPEND, TERMINATE SERVICE AND TO DISCLOSE YOUR PERSONAL INFORMATION

You understand and agree that IDdp.Net has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to: (i) close Your Account, terminate provisionment of the ID Domain Privacy Service, and list the personal information you provided in Section 3.a. for any associated IDdp.Net domain; (ii) reveal Your name and personal information that You provided to pursuant to this Agreement when required by law or when IDdp.Net has a good faith belief that such action is necessary to conform to the law, or to comply with a legal process served upon IDdp.Net; (iii) resolve any and all third party claims, whether threatened or made, arising out of Your use of IDdp.Net Domain; or (iv) take any other action IDdp.Net deems necessary in the event of any of the following:

In the event you breach any provision of this Agreement.
In the event you use the ID Domain Privacy Service to Spam, UBE (Unauthorized Bulk Email) or UCE (Unauthorized Commercial Email) or hide behind these services in order to engage in, or to avoid detection from being involved in, these prohibited activities.
In the event we receive any valid complaint about Spam, UBE (Unauthorized Bulk Email) or UCE (Unauthorized Commercial Email) with regards to your domain. 
In the event you breach any provision of iDotz.Net Registration Agreement;
To protect the integrity and stability of the applicable domain name registry;
To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
To comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN;
To avoid any financial loss or legal liability (civil or criminal) on the part of IDdp.Net, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
If the IDdp.Net Domain is alleged to violate or infringe a third party's trademark, trade name or other legal rights;
If it comes to IDdp.Net's attention that You are alleged to be using the ID Domain Privacy Service for purposes of engaging in, participating in, sponsoring or hiding Your involvement in, illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism and child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information.
You also understand and agree that if IDdp.Net is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the ID Domain Privacy Service or an IDdp.Net domain, then your personal information will be revealed in the Whois output for any associated IDdp.Net domains.

In the event (i) ID Domain Privacy Service takes any of the actions set forth above or you elect to cancel or not renew the ID Domain Privacy Service for any reason, neither iDotz.Net will refund any fees paid by You whatsoever for the ID Domain Privacy Service.

 f) Forwarding Fees.

In consideration for handling and forwarding certain first class correspondence, and responding to and dealing with complaining third parties, you agree to pay IDdp.Net at the time such services are provided. IDdp.Net may change its forwarding fees at any time. Unless otherwise stated, all fees are posted (and payable by You) in U.S. Dollars. You are responsible for paying all fees and taxes associated with using IDdp.Net's forwarding services. Payment shall be made by You providing a valid credit card for charge by iDotz.Net, and is non-refundable. If for any reason IDdp.Net is unable to charge Your credit card with the full amount of the service provided, or if IDdp.Net is charged back for any fee it previously charged to the credit card You provided, You agree that IDdp.Net may, without notice to You, pursue all available remedies in order to obtain payment, including but not limited to, sale of the domain name registration to a third party, and immediate cancellation of Your account and all services IDdp.Net provides to You.