Registries

.capital

This TLD is operated by Identity Digital Inc. (“Identity Digital”, or  the “Registry”). Identity Digital imposes certain conditions for the registration of domain names in its TLDs. As set out in our Terms and Conditions, by placing an order with us you unconditionally agree to be bound by these conditions as follows:

Any reference to registration or application below includes Sunrise registration and application and any reference to registrant includes applicant.

  1. Registrant acknowledges and agrees that:
    1. The application or registration contains true, accurate and up-to-date information and is made in good faith, for a lawful purpose and does not infringe the rights of any third party;
    2. It shall participate in good faith in any proceedings described in the Identity Digital policies commenced by or against it;
    3. It is not a restricted person (ie a person or entity that (i) is, or is owned or controlled by a person or entity that is, designated on a sanctions list maintained by the United Nations or United States (including without limitation the U.S. Department of the Treasury Office of Foreign Assets Control), or (ii) located in or organized under the laws of a jurisdiction that is subject to comprehensive U.S. sanctions.);
    4. Domain names are variably priced in the Identity Digital TLDs (i.e., some are Standard Names and others Premium Names) and have non-uniform renewal registration pricing such that the fee for a domain name registration renewal may differ from other domain names in the same or other Identity Digital TLDs (e.g., renewal registration Fee is $7 for one domain name and $13 for a different domain name);
    5. Where a second-level domain name (“SLD”) corresponds with a two-character country-code TLD (“ccTLD”), Registrants of such SLDs have an obligation to take reasonably necessary measures to avoid confusion with the corresponding ccTLD;
    6. The Registry’s aggregate liability for damages will in any case be limited to the amounts specified in its Registry-Registrar Agreement with Com Laude. No greater or other damages may be claimed from the Registry (such as, but not limited to, any fees payable or paid by Com Laude in the context of any proceedings initiated against a decision by the Registry to register or not to register a domain name). Further, you agree to submit to a binding arbitration for disputes arising from the Identity Digital policies and related to the allocation of a domain name;
    7. It shall hold the Registry harmless from claims filed or disputes initiated by third parties, and that it will compensate the Registry for any costs or expenses incurred or damages for which it may be held liable as a result of third parties taking action against the Registry on the grounds that the applications for or the registration, DPML Block, or use of the domain name by the Registrant infringes the rights of a third party;
    8. The Registry or its agents are authorised to share information to the Trademark Clearinghouse (TMCH), other sunrise applicants or the general public relating to registrant’s sunrise application; and
    9. It accepts and will abide by the Registry policies.
  1. Registrant acknowledges and accepts that the Registry shall be entitled, but not obligated, to reject an application, registration, sunrise application or sunrise registration or delete, revoke, cancel or transfer a registration or a sunrise registration:
    1. To enforce the Identity Digital policies and ICANN requirements, each as amended from time to time;
    2. That is not accompanied by complete and accurate information or where required information is not updated or corrected, as required by ICANN requirements or registry policies;
    3. To protect the integrity and stability of the Shared Registration System (SRS) or the operation or management of the Registry;
    4. To comply with applicable laws, regulations, policies or any dispute resolution service provider the Registry may retain to oversee the arbitration and mediation of disputes;
    5. To establish, assert, or defend the legal rights of the Registry or a third party, or to avoid any actual or potential civil or criminal liability on the part of or damage to the Registry or its affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors and stockholders;
    6. To correct mistakes made by the Registry or any Registrar in connection with a Sunrise registration;
    7. If the Registry receives notice that the SMD file is under dispute (for Sunrise applications and registrations); or
    8. As otherwise provided in the Identity Digital policies.
  2. Registrant shall not distribute malware, abusively operate botnets, participate in phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engage in activity contrary to to the Identity Digital Acceptable Use Policy, other Registry Policies, and/or applicable law (breach of this may result in suspension of Registrant’s domain names).
  3. Registrant consents to collection and use of Registrant’s personal data in accordance with its published privacy policy located at the Registry website under “Policies” (the “Privacy Policy”).
  4. Registrant shall (within thirty days of demand) indemnify, defend and hold harmless the Registry Operator (by express reference), its service providers, Registrar and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to the Registrant’s domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration and shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar’s prior written consent. This indemnification obligation shall survive the termination of the terms and conditions between the Registrar and the Registrant.
  5. Registrant consents to:
    1. the use, copying, distribution, publication, modification and other processing of Registrant’s personal data by the Registry, as per the terms of the Registry Privacy Policy and
    2. The Registry’s right to deny, cancel or transfer any registration or transaction, or place any domain name(s) or other transactions on registry lock, hold or similar status, that it deems necessary, in its discretion:
      1. to protect the integrity and stability of the Identity Digital TLD registries or the registry system;
      2. to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
      3. to avoid any liability, civil or criminal, on the part of the Registry, as well as its affiliates, subsidiaries, officers, directors, and employees;
      4. to comply with the terms of the Registry Agreement;
      5. if a Registrant fails to keep registration contact information accurate and current;
      6. for violations of Registry Policies generally (e.g., Acceptable Use Policy) or a third party’s rights or acceptable use policies, including but not limited to the infringement of any copyright or trademark;
      7. for violation of the Identity Digital Registry-Registrar Agreement, including, without limitation, any exhibits, attachments, or schedules thereto; or
      8. to correct mistakes made by the Registry or any Registrar in connection with a domain name registration. The Registry also reserves the right to place a domain name on registry hold, registry lock, or similar status during resolution of a dispute.
  1. Registrant agrees to use ICANN’s Uniform Rapid Suspension System (“URS”) or Uniform Domain Name Dispute Resolution Policy (“UDRP”), both as applied and amended at http://newgtlds.icann.org/en/applicants/urs and http://www.icann.org/en/help/dndr/udrp, respectively in relation to disputes relating to the use of domain names. Registrant agrees to participate in and abide by any determinations made as part the Registry’s dispute resolution procedures, including without limitation the Acceptable Use Policy (as published and updated from time to time on the Registry website), the URS, and the UDRP.
  2. Registrants of .accountants, .archi, .associates, .band, .bio, .broker, .capital, .care, .cash, .city, .claims, .clinic, .credit, .degree, .dental, .digital, .discount, .engineer,  .engineering, .exchange, .fan, .finance, .financial, .fitness, .forex, .fund, .games, .gratis, .green, .healthcare, .insure, .investments, .lease, .legal, .limited, .loans, .market, .markets, .mba, .media, .money, .mortgage, .movie, .news, .organic, .pictures, .realty, reise, .reisen, .rehab, rip, .sale, .school, .schule, .show, .software, .tax, .theater, .tours, .town, .toys, .vet and .video (regarded by ICANN as “Regulated TLDs”) agree as follows:
    1. To comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures;
    2. To notify Registrants at the time of registration of the requirements to comply with all applicable laws; and
    3. Those who collect and maintain sensitive health and financial data to implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
  3. Registrants of .attorney, .bet, .bingo, .casino, .catering, .charity, .creditcard, .dentist, .doctor, .fail, .gmbh, .gripe, .hospital, .lawyer, .ltd, .llc, .lotto, .poker .sarl, .surgery, .university and .wtf  (regarded by ICANN as “Highly Regulated TLDs”) agree as follows:
    1. To comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures;
    2. To notify the Registry at the time of registration of the requirements to comply with all applicable laws;
    3. That if it collects and maintains sensitive health and financial data to implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law;
    4. To provide administrative contact information to the Registry, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or industry self-regulatory, bodies in their main place of business;
    5. To represent to the Registry that it possesses any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly Regulated TLD; and
    6. To report any material changes to the validity of the Registrant’s authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly Regulated TLD to ensure the Registrant continues to conform to the appropriate regulations and licensing requirements and generally conduct their activities in the interests of the consumers they serve

The Registry imposes the following obligations upon resellers of the Registry’s domain names:

  1. Reseller shall comply with all of the terms and conditions of the Identity Digital Registry-Registrar Agreement and all of Registrar’s covenants, obligations, representations and warranties as set forth there;
  2. Reseller shall indemnify, defend and hold harmless the Registry (by express reference or by reference to all registry operators) and its affiliates and subsidiaries, as well as their respective owners, directors, managers, officers, employees, representatives, agents, service providers and contractors from and against any and all claims, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses (including on appeal), arising out of or relating to:
    1. any claim or alleged claim relating to any product or service of such reseller;
    2. any claim or alleged claim relating to any agreement with any Registrant registers a Registered Name through reseller;
    3. any claim or alleged claim relating to reseller’s domain name registration business or other activities, including, but not limited to, reseller’s advertising, domain name application process, systems and other processes, fees charged, billing practices and customer service; and/or;
    4. any breach by reseller of any of the terms, conditions, covenants, obligations, agreements, representations or warranties set forth herein.

This indemnification obligation shall survive any termination or expiration of the reseller agreement between the reseller and Registrar and/or the Identity Digital Registry-Registrar Agreement. Reseller acknowledges that the Registry reserves the right upon written notice to require Registrar to terminate any reseller’s right to provide registrar services with respect to any or all Identity Digital TLDs if such reseller fails to comply with the terms of the registry-registrar agreement (a “Reseller Breach”) and to take any measures the Registry deems necessary to prevent such reseller from accessing the registry system directly or indirectly. Unless the nature of the Reseller Breach is such that it is incapable of being cured or the same breach has been committed previously by the same reseller, the Registry’s notice shall provide a 10 day cure period.