BRS MEDIA .FM DOMAIN NAME REGISTRATION TERMS & CONDITIONS
effective April 27, 1998 (revised August 1, 2016)
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. The .FM Registry has adopted the Uniform Dispute Resolution Policy (UDRP) (www.icann.org/udrp) for all .FM Domain Name registrations (https://dot.fm/dispute). Trademark owners can choose to file a complaint with an authorized domain dispute resolution provider(s).
The UDRP Policy explains what trademark owners have to prove in order to take a domain name away from the current holder, as well as what domain name holders can use to show that they should be allowed to keep the domain registration. The UDRP Rules outline the actual process for filing a complaint (if you are a trademark owner) and for responding to a complaint (if you are the domain name holder). The registration of any Domain Name(s) shall be subject to suspension, cancellation, or transfer pursuant to any decision under the UDRP.
The Registry has authorized the following Domain Dispute Resolution Provider(s) that can be approached under this policy:
– Dispute Proceedings/Decisions: http://www.wipo.int/amc/en/domains/search/
– Dispute Policy and Procedural Rules: http://www.wipo.int/amc/en/domains/rules/
– Guide: http://www.wipo.int/amc/en/domains/guide/
Disputes concerning or arising out of the registration and use of .FM domain names brought by trademark owners may be resolved in accordance with the Uniform Domain Name Dispute Resolution Policy (UDRP) and filed with the World Intellectual Property Organization (WIPO).
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 https://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. No Guarantee of Registration, Transfer or Renewal. As a domain name Registrar, dotFM is, upon accepting your application to register, transfer or renew a domain name, your sponsor for that application. No domain name registrations shall be deemed effective unless and until we deliver the domain name registration or renewal application you provide us to the appropriate Registry administrator, as applicable, and that Registry administrator accepts your application and activates your domain name registration or renewal. You will be entitled to a refund only if your registration is unsuccessful. You acknowledge and agree that dotFM does not guarantee that you will be able to register, transfer or renew a desired domain name, even if our systems indicate that domain name is available or you are able to complete an order with respect to such name. You also understand that dotFM cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other Registry databases. You also acknowledge and agree that dotFM is not responsible for any inaccuracies or errors in the domain name registration or renewal process. YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT YOUR REGISTRATION OR RENEWAL HAS BEEN PROPERLY PROCESSED. You further acknowledge and agree that dotFM may elect to accept or reject your application for registration, transfer or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that dotFM is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any Registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.
6. Payments and Fees. Premium .FM (.RADIO.fm & .RADIO.am) domain names have variable registration fees starting at US $250.00/first year depending on the domain selected and renewal each year at that same premium fee. 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. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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).
13. 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.
14. 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 Internationalized Domain Names (IDNs).
By selecting and registering an IDN, registrant also agrees the the following:
IDNs registered on dotFM conform to IDN standards endorsed by ICANN, however, IDNs are still not accessible to most Internet users. They do not, and may never, have the same functionality as traditional ASCII domain names. By registering multilingual character domain names at this time you understand and assume the risk that your domain name registration may be temporarily or permanently suspended, deleted or denied based on further developments by Internet standard-setting bodies.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE ENCODING SCHEMES, PROTOCOLS AND OTHER IDN-ENABLING TECHNOLOGIES, WHETHER PROVIDED BY US OR OTHERWISE, WILL BE APPROVED BY INTERNET STANDARD-SETTING BODIES OR OTHERWISE SUCCESSFULLY DEPLOYED.
You assume all risks inherent in the experimental nature of this service and the technologies supporting it. The encoding schemes, protocols and other IDN-enabling technologies are not within our control and are subject to change without notice. You assume all risks that such changes may impair or prevent your ability to use the IDN you have registered. You further understand and agree that we may interrupt or deny IDN registration services to you, temporarily or permanently, as a result of such changes. You further assume all risks that the Internet addressing system will not recognize an IDN you have registered or otherwise will not enable such IDN to function as an Internet address.
We may, but shall not be obligated to, make any and all modifications to an IDN registration, including without limitation changing the IDN’s ASCII-based translation, that we deem necessary or appropriate for the purpose of bringing an IDN registration into conformance with evolving technical standards. Such modifications may be made without notice to you. In the event we elect to make such modifications, you agree to hold us harmless from any claims, liabilities or demands arising from such modifications.
Additional contractual requirements for the registration of the following ccTLDs:
By registering a .AM domain, the registrant also agrees to the Registration Policies of the dotAM Registrar: www.dot.am/policy
By registering a .TV domain, the registrant also agrees to the Registration Policies of the .TV Registry: www.verisigninc.com/policy