PROVISIONS SPECIFIC TO .NYC REGISTRATIONS
The City of New York by and through the New York City Department of Information Technology & Telecommunications ("Registry Operator") is the registry operator for the .NYC TLD.
Nexus Policy. You agree to Registry Operator's Nexus Policy. You certify that you satisfy the Nexus Policy.
Registry Spot Checks and Enforcement for Continuing Compliance with Nexus. Registry Operator will: (i) institute a post-registration random nexus spot check process as well as (ii) investigate specific complaints received from interested third parties.
In the event that the Registry Operator determines that you have not met the Nexus Policy, your domain name(s) shall be locked (preventing the domain name(s) from being updated or transferred). An email shall be sent to you requiring you to submit evidence that you are in fact compliant with the Nexus Policy.
- If the determination was made by the Registry Operator as a result of a random spot check, you shall be provided thirty (30) calendar days to submit evidence of compliance with the Nexus Policy. If within that thirty (30)-day period you are able to demonstrate your compliance, the complaint shall be dismissed. If you are unable to demonstrate compliance, then the Registry Operator shall make an initial determination that you are in fact not in compliance with the Nexus Policy and shall give you a period of thirty (30) calendar days to cure the deficiency ("Cure Period"). Failure to remedy the deficiency within the Cure Period shall result in the immediate deletion of the domain name.
- If the determination was made by the Registry Operator as a result of a third party complaint, you shall be given ten (10) calendar days to provide evidence of compliance with the Nexus Policy. If within that ten (10)-day period you are able to demonstrate compliance, the complaint shall be dismissed. If you are unable to demonstrate compliance, then the Registry Operator shall make an initial determination that you are in fact not in compliance with the Nexus requirements and shall give you a period of ten (10) calendar days to cure the deficiency ("Cure Period"). Failure to remedy the deficiency within the Cure Period shall result in the immediate deletion of the domain name.
Under this process, the only remedy available is the deletion of the domain name. Domain names will not be transferred to any third-party complainant that avails itself of this process.
Third-Party Independent-Dispute Process. In addition to the Registry Operator spot checks and enforcement actions in response to third-party complaints, a third party may challenge your compliance with the Nexus Policy by utilizing the third-party challenge mechanism called the .NYC Nexus Dispute Resolution Policy that provides a legal and policy framework for resolution of any such dispute. A complainant may choose to do this for a variety of reasons, including, but not limited to: (i) disagreement with a determination by the Registry Operator that the registrant meets the Nexus Policy, or (ii) a desire to have the name transferred to it if in fact: (a) the Registrant does not meet Nexus policies, and (b) the complainant is able to demonstrate compliance with the Nexus Policy. If a Nexus dispute is initiated pursuant to the .NYC Nexus Dispute Resolution Policy, it may be submitted to an approved Nexus Dispute Resolution Service Provider. The approved Nexus Dispute Resolution Service Provider must follow the .NYC Nexus Dispute Resolution Policy and the document, Rules for Nexus Dispute Policy (collectively referred to as the "NDRP"), but may also add its own supplemental rules so long as such rules do not conflict with the NDRP. The Rules for Nexus Dispute Policy are located at www.nic.nyc.
Acceptable Use Policy. You agree to Registry Operator's Acceptable Use Policy.
Indemnification. You agree to indemnify, defend and hold harmless Registry Operator and Neustar, Inc., including the directors, officers, employees, affiliates and agents of each of them from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration. This indemnification obligation will survive the termination or expiration of the Agreement.
Compliance with Terms and Conditions and Operational Requirement. You shall comply with all of the following requirements:
- ICANN Requirements including, without limitation, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; and
- Operational standards, policies, procedures, and practices for the .NYC TLD as set forth in the Registry Agreement and as established from time to time by Registry Operator (including all of those on Registry Operator's website), including affiliates of Registry Operator, and consistent with ICANN's standards, policies, procedures, and practices of the Registry Agreement, as applicable.
TDRP. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following document, as it may be amended from time to time, which is hereby incorporated and made an integral part of this Agreement: The Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp.
Registry Operator's Reservation of Rights. Registry Operator reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its discretion; (i) to protect the integrity, security, and stability of the Internet or .NYC registry; (ii) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any other relevant authority or in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of Registry Operator and Neustar, Inc. and their affiliates, subsidiaries, subcontractors, officers, directors, employees, and stockholders; (iv) for violations of registry-registrar agreements and its exhibits; (v) to correct mistakes made by Registry Operator or any registrar in connection with a domain name registration; and/or (vi) to ensure compliance with ICANN and/or Registry Operator policies and/or procedures. Registry Operator also reserves the right to lock or place on hold a domain name during resolution of a dispute. Registry Operator reserves the right to take immediate action to remove orphan glue records (as defined at http://www.icann.org/en/committees/security/sac048.pdf) when provided with evidence in written form that such records are present in connection with malicious conduct.