Limitation of Liability Disclaimer Indemnification. 12.1. To the extent allowed under mandatory law, each Party shall only be liable where gross negligence or willful misconduct is proven. In no event shall any Party be held liable for any special, indirect, consequential, punitive, exemplary or incidental damages or loss of profits or business interruption, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to registration or use of a Domain Name or to the use of the Shared Registry System or Registry Web Site, even if it has been advised of the possibility of such loss or damages, including but not limited to decisions taken by other Party to register or not to register a Domain Name on the basis of the applicable rights protection mechanisms and processes. To the extent allowed under mandatory law, each Party’s liability for damages shall in any case be limited to the fees charged by the Registry to the Registrar in relation to the Domain Name transaction concerned.
Appears in 4 contracts
Samples: Registry Registrar Agreement, Registry Registrar Agreement, Registry Registrar Agreement
Limitation of Liability Disclaimer Indemnification. 12.1. To the extent allowed under mandatory law, each Party shall only be liable where gross negligence or willful misconduct is proven. In no event shall any Party be held liable for any special, indirect, consequential, punitive, exemplary or incidental damages or loss of profits or business interruption, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to registration or use of a Domain Name or to the use of the Shared Registry System or Registry Web SiteWebsite, even if it has been advised of the possibility of such loss or damages, including but not limited to decisions taken by other Party to register or not to register a Domain Name on the basis of the applicable rights protection mechanisms and processes. To the extent allowed under mandatory law, each Party’s liability for damages shall in any case be limited to the fees charged by the Registry to the Registrar in relation to the Domain Name transaction transaction(s) concerned.
Appears in 1 contract
Samples: Registry Registrar Agreement
Limitation of Liability Disclaimer Indemnification. 12.1. To the extent allowed under mandatory law, each Party shall only be liable where gross negligence or willful misconduct is proven. In no event shall any Party be held liable for any special, indirect, consequential, punitive, exemplary or incidental damages or loss of profits or business interruption, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to registration or use of a Domain Name or to the use of the Shared Registry System or Registry Web Site, even if it has been advised of the possibility of such loss or damages, including but not limited to decisions taken by other Party to register or not to register a Domain Name on the basis of the applicable rights protection mechanisms and processes. To the extent allowed under mandatory law, each Party’s liability for damages shall in any case be limited to the fees charged by the Registry to the Registrar in relation to the Domain Name transaction transaction(s) concerned.
Appears in 1 contract
Samples: Registry Registrar Agreement