(effective April 27, 1998) 

  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. 

  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.

  5. Payments and Fees. Registrant agrees to pay a registration fee of Two Hundred United States Dollars (US$200) as consideration for the registration of each new dotFM domain name or One Hundred United States Dollars (US$100) to renew an existing registration. Radio Stations registering ONLY their "LEGAL FCC/DOC (or) GOVERNMENT ASSIGNED CALL LETTERS" (e.g. - KDOT.FM, WDOT.FM) receive a Twenty Five United States Dollars (US$25) per year discount. Payment is due at time of registration. The non-refundable fee covers a period of two (2) years for each new registration, and one (1) year 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 premium .FM domain for a one time fee of Fifty United States Dollars (US$50), 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) or 10% of the selling price whatever is greater, Plus dotFM Domain Registration fee.

  6. 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.

  7. 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, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. 

  8. 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.

  9. 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.

  10. 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.

  11. 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.