.Pharmacy Registry Terms and Conditions
Please read these Terms and Conditions (T&C) carefully. The T&C describe the rights and obligations of the National Association of Boards of Pharmacy® (“NABP®”); the requestor of a .pharmacy domain name registration (“Requestor”); and the Requestor, or a third party such as an assignee, if it acquires a .pharmacy domain name registration (collectively “Registrant”). Requestor and Registrant may be collectively referred to as “Customer.” NABP, Requestor, Registrant, and Customer are each a “Party” and collectively are “Parties.” By submitting a .pharmacy domain name registration request (“Request”) or acquiring a .pharmacy domain name, Customer agrees to comply with these T&C.
NABP is approved by the Internet Corporation for Assigned Names and Numbers (“ICANN”) as the registry for .pharmacy. NABP is a 501(c)(3) nonprofit corporation located at 1600 Feehanville Drive, Mount Prospect, IL 60056, United States of America. NABP operates the .Pharmacy Registry in furtherance of its mission to support its member boards of pharmacy in protecting public health.
In consideration of the promises and covenants herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, NABP and Customer agree to the following terms:
1: Information and Monitoring
NABP reserves the right to review any information available to it to determine, in its sole discretion, whether Customer complies with the registry’s Policies and Requirements (“P&R”). The P&R include the Authorized Usage Policy and any .Pharmacy Registry requirements published on www.nabp.pharmacy or its successor site(s). The P&R are hereby incorporated into the T&C by reference. Information that NABP may review about Customer includes, but is not limited to, the information provided in the Request, information provided to NABP by Customer, or information that NABP obtains or receives, whether through the .Pharmacy Registry, another NABP program, publicly available information, information available through proprietary sources, or information that NABP learns from its own investigations. For all Requests, NABP reserves the right to seek, at any time, additional information related to the Customer or the Request to ensure compliance with the P&R or any other Registry requirements. Please note that notwithstanding anything to the contrary in the T&C, NABP may utilize contractors or third parties to perform any of its activities or obligations under these T&C.
2: Customer General Compliance
2.1 An entity may qualify to submit a Request if it first obtains approval (“Approval”) by an NABP designated accreditation or credentialing program; or if it operates as a political subdivision of a government entity that regulates the practice of a health care profession. A complete list of designated accreditation or credentialing programs can be found at nabp.pharmacy.
2.2 Health care-related organizations must meet all applicable regulatory standards, including licensure, drug authenticity, and valid prescription requirements.
2.3 Customer must comply with all applicable laws in the jurisdictions in which it is based, as well as in all jurisdictions where it conducts business.
2.4 Customer agrees that, at all times after Request submission, it will maintain any Approval and will remain compliant with these T&C.
3: Request Rejection
3.1 NABP reserves the right to reject any Request on the basis that the domain name sought is the subject of a previously rejected Request from the Customer, in NABP’s sole discretion. Pursuant to the United States Anticybersquatting Consumer Protection Act of 1999 or other applicable laws, or any ICANN requirements contained within the ICANN Registry Agreement or its agreement with its selected ICANN-Accredited Registrar, NABP may reject a Request if the domain name sought does not correspond to a trademark, service mark, or business name of the registrant.
3.2 If a Requestor submits an incomplete request, NABP will send a written rejection notification to the Requestor identifying the information that is missing.
3.3 If a Requestor does not qualify in accordance with Section 2.1 of these T&C, NABP will send a written notification to the Requestor identifying the issue(s) that is/are the basis(es) for the rejection.
3.4 NABP will process Requests as they come in. If NABP receives two or more Requests for the same domain name from different Requestors and the first Request received is accepted, any subsequent Requests will be rejected. If the first Request is rejected for any reason, the next Request received by NABP will be evaluated.
3.5 NABP’s decision to reject a Request may be appealed, in accordance with the Appeal Procedure incorporated herein as Exhibit A. If a written notice of appeal and fee payment are not received by NABP within the required time period, as set forth in Exhibit A, the rejection becomes final, with no further rights of appeal. The T&C terminate effective on the date of the original rejection.
4: Request Acceptance and Registration
4.1 After its review, if NABP determines that Requestor qualifies to submit a Request under these T&C, NABP will accept the Request (“Acceptance”).
4.2 Upon Acceptance, NABP will provide Customer with an electronic registration token. Using the electronic registration token, Customer must register the .pharmacy domain with an authorized .pharmacy registrar (“Registrar”) within sixty (60) days of Acceptance. A list of authorized .pharmacy Registrars may be found at www.nabp.pharmacy or successor site(s). Acceptance does not guarantee the availability of a Requested domain name Acceptance ensures that a Customer has any necessary Approval and that the naming string is in compliance with these T&C.
4.3 When registering a domain name, Customer is advised to enter the name and contact information for the registering organization and not that of an individual. Domain name registration information must be accurate. NABP reserves the right to confirm the accuracy of the Registrant’s domain name registration information. Inaccurate domain name registration information may lead to suspension of the domain name.
4.4 The registration term of a .pharmacy domain name is twelve (12) months, which begins upon the date the domain name is registered with a NABP-authorized Registrar (also called the “Creation Date.”).
5: Registration Revocation
5.1 If NABP obtains information indicating that Registrant is not in compliance with these T&C or the P&R; or NABP has a reasonable basis to believe that Registrant is no longer compliant with these T&C or the P&R, NABP, in its sole discretion, may send Registrant a written “Pending Revocation Notice.” The Pending Revocation Notice will describe the substantive reason(s) for the noncompliance along with any supporting information. If Registrant does not respond to the Pending Revocation Notice within 21 days from the date set forth on the Pending Revocation Notice (or alternatively a different time period agreed upon by Registrant and NABP), or does not provide sufficient information for NABP to determine, in its sole discretion, that Registrant is currently in compliance with these T&C, NABP will issue a “Revocation Notice.” The “Revocation Notice” will describe the substantive reason(s) therefor and include supporting information.
5.2 If Registrant timely responds to the Pending Revocation Notice, NABP will review Registrant’s response, any additional relevant information that the Registrant provides in response to the Pending Revocation Notice, and information available to NABP. If, after its review of such information, NABP determines, in its sole discretion, that Registrant is in compliance with the T&C, then NABP will rescind the Pending Revocation Notice, and the registration will remain unaltered.
5.3 NABP’s decision to revoke a .pharmacy domain name may be appealed in accordance with the .Pharmacy Registry Appeal Procedure incorporated herein as Exhibit A. If a written notice of appeal and fee payment are not received by NABP within the required time period as set forth in Exhibit A, the revocation becomes final, with no further rights of appeal. The T&C terminate effective on the date of the Revocation Notice.
6: Ownership, License, & Restrictions On Use
6.1 All rights, title, and interest in the .pharmacy domain or registry (including all copyrights, trademarks, and other intellectual property rights) are the property of NABP or its ICANN-approved affiliates or successors. Except as expressly provided below, nothing contained herein shall be construed as conferring to any Customer or its successors any license or right in the .pharmacy domain or registry, whether by implication or estoppel. Customer and its successors shall not to assert any ownership interest or claim or interfere with or exploit any trademark, copyright, or other intellectual property or other proprietary right in the .pharmacy domain or registry,.
6.2 Customer acknowledges that the allowance of a registration of a .pharmacy domain name does not constitute a warranty or an endorsement by NABP of Customer’s products or services or Customer’s compliance with any law or regulation.
6.3 Registrant is prohibited from transferring, sublicensing, or assigning a .pharmacy domain or any of the rights or obligations of the Registrant under these T&C, by any means, to any entity except with NABP’s prior written consent. This prohibition includes transferring the domain name from one registrar to another.
7: Domain Dispute Decisions
If a .pharmacy domain name is ordered to be transferred by a court of competent jurisdiction to another entity or to a different registrar, or in accordance with any ICANN Consensus Policy or Rights Protection Mechanism set out in the .pharmacy Registry Agreement, the designated domain recipient must submit a Request and have it accepted by NABP.
8: Domain Name Deletion
8.1 Following receipt of written notice that Registrant wishes to discontinue using a registered .pharmacy domain, NABP will delete the domain name no later than thirty (30) days after receipt of the written notice unless, in the case of discontinuation of use of a .pharmacy domain, NABP and Registrant agree in writing to a different date of deletion for the .pharmacy domain. The T&C will automatically terminate on the date that NABP deletes the .pharmacy domain name. Upon termination of the T&C, Registrant shall immediately cease using the .Pharmacy Registry logo.
8.2 NABP will delete a revoked domain name no later than thirty (30) days following the issuance of a Revocation Notice.
9.1 NABP reserves the right, in its sole discretion, to immediately suspend (ie, place on “serverhold”), Registrant’s .pharmacy domain name if information leads NABP to suspect that Customer is violating, or within the previous 12 months violated without disclosing to NABP, any criminal, fraud, pharmaceutical, pharmacy-related, medical-related, patient safety-related, or internet-related law or regulation or ICANN requirement; is engaging in abusive activities in connection with the internet or its governance; threatens or its activities threaten the security or stability of the internet or of the .pharmacy namespace; or Customer is likely to cause direct and material harm to others (“Violation”). NABP will provide a written notice to the Customer of the suspension (“Suspension Notice”), which will include the substantive reason(s) for the suspension and supporting information and will provide Customer with the opportunity to respond. NABP’s decision to suspend a domain is not appealable. The suspension will remain in place until the domain name expires or NABP determines, in its sole discretion, that the Violation is unsubstantiated or rectified, if applicable. Within 21 days of the date of the Suspension Notice, or a separate time frame mutually agreed upon in writing by Customer and NABP, Customer may submit a response to NABP, including documentation to substantiate Customer’s response. If Customer does not respond in a timely manner or does not provide sufficient information for NABP to determine, in its sole discretion, that Customer did not engage in a Violation, then the suspension will remain in place until the domain name expires.
9.2 If Customer responds in a timely manner to a Suspension Notice, NABP will review Customer’s response, any additional relevant information that the Customer provides in response to the Suspension Notice, and all information available to NABP. If, after its review of such information, NABP determines, in its sole discretion, that Customer did not engage in a Violation, then NABP will reinstate Customer’s .pharmacy domain name.
Registrant must renew its .pharmacy domain name annually with a NABP-authorized Registrar to maintain the .pharmacy domain name. Registrant does not need to submit a new Request or obtain a new registration token to renew the domain name. However, Registrant’s Approval, if required, must be in good standing to renew the domain name.
11: Indemnification and Limitation of Liability
Customer agrees to indemnify and hold harmless NABP, its employees, agents, contractors, officers, and directors against all third-party claims, losses, lawsuits, damages, and expenses, including, without limitation, reasonable attorneys’ fees arising out of:
- Any failure on the part of Customer or its employees, agents, contractors, officers, and directors to comply with these T&C;
- Any use of a .pharmacy domain, including content in any advertisement, brochure, or other publication released to the public by Customer or its agents or contractors, and any content on any internet site substantially owned or controlled by or affiliated with Customer including, but not limited to, any claim related to infringement, misappropriation or other violation of a right of another person (including, without limitation, copyright, right of privacy or publicity, or trade secret), or a claim for defamation or obscenity;
- The sale, offer to sell, or provision of any product or service of or by Customer or any other entity substantially owned or controlled by or affiliated with Customer; or
- The negligence, gross negligence, misconduct, intentional tort, or criminal act of Customer or its employees, agents, contractors, officers, or directors.
WITH THE EXCEPTION OF CUSTOMER’S INDEMNIFICATION OF NABP AS DESCRIBED IN THIS SECTION, NEITHER NABP NOR CUSTOMER SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE OR DAMAGES FROM LOST PROFITS OR LOST USE. THE MAXIMUM AGGREGATE LIABILITY OF NABP FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE T&C, REGARDLESS OF THE FORM OR CAUSE ACTION, SHALL BE THE TOTAL FEES PAID TO NABP FOR THE .PHARMACY DOMAIN NAME DURING THE TERM OF THE T&C.
12: Zone File and/or WHOIS Data Access
NABP, its employees, agents, contractors, officers, and directors shall not be liable to Registrant for (a) any access, use, or modification (whether or not permitted) of the Zone File or WHOIS data, without limitation; (b) the unauthorized, improper, or illegal access or use of the Zone File or WHOIS data, without limitation; or (c) any negligent act or omission. willful misconduct, or criminal act in the access or use of the Zone File or WHOIS data, without limitation.
13: Use of .Pharmacy Trademark
13.1 If Registrant wishes to use the NABP .Pharmacy logo trademark (“Trademark”), it must notify NABP in writing. If, in NABP’s sole discretion, NABP approves Registrant’s request, NABP will provide Registrant with an electronic version of the Trademark for Registrant’s use in accordance with the terms of these T&C.
13.2 Registrant agrees to adhere to the guidelines for use of the Trademark as set forth in the guidelines for using the Trademark (“Guidelines”), available on the nabp.pharmacy website.
13.3 Registrant acknowledges NABP’s sole ownership of the Trademark and all proprietary rights thereunder and agrees not to challenge or do any act that would interfere either directly or indirectly with such ownership. Registrant will not assert or seek any rights in or protection of any kind, other than those granted under these T&C.
13.4 Upon NABP’s provision of the electronic Trademark to Registrant and subject to Registrant’s compliance with the T&C, P&R, and the terms and conditions set forth in the Guidelines, NABP grants Registrant a limited nonexclusive, nonsublicensable, nonassignable, and nontransferable license to display the Trademark in connection with the Registrant’s website until the domain is deleted. Registrant may provide the Trademark to Registrant’s website designer, if any, but solely to allow display of the Trademark on Registrant’s website.
13.5 Registrant agrees that this grant of license does not constitute an endorsement by NABP of the Registrant, the care provided by Registrant, or the Registrant’s products or services.
13.6 All grants of rights to display the Trademark are made with no express or implied warranty of any kind by NABP.
14.1 Customer agrees that NABP may, at its sole discretion and at any time, amend these T&C. If NABP amends these T&C, NABP will notify Customer. NABP will allow a reasonable amount of time to comply with the amended T&C, unless the amendment pertains to an ICANN contractual requirement or policy, that requires Customer’s immediate compliance.
14.2 Customer represents and warrants that the information it submits in its Request or in any other communication to NABP is complete, accurate, and truthful to the best of Customer’s knowledge. Customer further represents that the person or entity submitting the Request is fully authorized to submit the Request and bind Customer to the T&C.
14.3 NABP and Customer further represent and warrant that they are duly organized, validly existing, and in good standing under the laws of their respective jurisdictions of organization, they have full corporate power to conduct their respective business and perform all of their respective obligations under the T&C, and they are operating in compliance with all applicable laws, rules, and regulations, and ICANN requirements.
14.4 NABP DISCLAIMS ALL WARRANTIES AND GUARANTEES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
14.5 The T&C are not assignable by Customer without the prior written consent of NABP.
14.6 The headings contained in the T&C are for the purposes of convenience only and are not intended to define or limit the contents of the provisions contained therein.
14.7 The failure of NABP to exercise any of its rights regarding a breach of these T&C shall not be deemed to be a waiver of such rights nor shall the same be deemed to be a waiver of any subsequent breach.
14.8 The T&C (including the P&R and any exhibits, appendices, or annexes thereto) constitute the entire agreement between the Parties relating to the subject matter hereof and supersede all prior and contemporaneous oral and written negotiations, commitments, and understandings of the parties with respect to the same domain name subject matter.
14.9 The validity, interpretation, and performance of the T&C shall be controlled and construed under the laws of the state of Illinois, United States of America, without reference to any conflict of laws or principles. The state courts located in Cook County, IL, United States of America shall have jurisdiction over any dispute regarding the T&C or in connection with the .Pharmacy Registry. All provisions contained in the T&C shall extend to and are binding on Customer and its respective successors and assigns. Customer expressly waives all objection to the choice of law or personal jurisdiction of these courts and shall not contest the choice of law or venue chosen for the hearing of the case.
14.10 Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of the T&C shall survive the termination of the T&C or any termination or deletion of the .pharmacy domain name.
14.11 Any act or omission of any of the affiliates of the Customer that is contrary to the T&C shall be deemed the act or omission of the Customer.
14.12 The provisions of the T&C are severable. If any provision is determined by a court of competent jurisdiction or a governmental regulatory entity to be invalid or unenforceable, in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable and consistent with the manifest intentions of the Parties. If such construction or limitation is impossible, the unenforceable provision will be stricken, and the remaining provisions of the T&C will remain valid and enforceable.
14.13 NABP retains all rights, immunities, and protections that are available to it under applicable law.
14.14 NABP cannot and will not guarantee that Customer’s Request will be Accepted, and Customer acknowledges the same by submitting its Request.
14.15 Customer hereby agrees that NABP may send all notices, communications, and notifications under the T&C to the contact email account provided by Customer in its Request. Customer agrees to maintain the valid operation of and regularly check this email account for the purpose of receiving such notices and complying with the T&C.
14.16 No formal or informal hearing, whether in person, in writing, or otherwise, is permitted under the T&C.
14.17 The T&C constitute the entire agreement between the Parties relating to the Request, or any acquisition or use of a .pharmacy domain in connection with this Request, and supersede all prior and contemporaneous oral and written negotiations, commitments, and understandings of the Parties with respect to this Request.
By submitting the Request or acquiring a .pharmacy domain name, Customer hereby accepts and agrees to be bound by the T&C without modification except as otherwise permitted under these T&Cs.
a) Notice of Appeal.
- Provided Customer is eligible for appeal under the Terms and Conditions and all fees and expenses invoiced by NABP have been paid, Customer may submit to NABP a written Notice of Appeal within 30 days of the date of the rejection/revocation. To prevail, the Appellant must demonstrate that NABP (A) did not follow its established policies and/or procedures and/or made a substantive error of fact; and (B) that NABP’s failure to follow its established policies and/or procedures and/or NABP’s substantive error of fact resulted in the rejection/revocation. For appeal purposes, Applicant/Accredited Entity will be known as the “Appellant.”
- For appeal purposes, Customer will be known as the “Appellant.”
- Appellant agrees to submit with its Notice of Appeal the $5,000 USD administrative fee for the appeal. The Notice and the Fee must be sent to the following address:
- National Association of Boards of Pharmacy
Attn: .Pharmacy Registry
1600 Feehanville Dr
Mount Prospect, IL 60056
- National Association of Boards of Pharmacy
- If a written Notice of Appeal and the required fee payment are not received by NABP within the designated time period, the appeal ends, appeal of the rejection/revocation is forfeited, the T&C terminate, and Appellant will have no further rights of internal appeal with NABP.
- In its Notice of Appeal, Appellant will include its position, explain why NABP’s decision was incorrect, and provide supporting information for its position.
- NABP may respond to Appellant’s Notice of Appeal, in which case it will respond no later than 30 days after receipt of Appellant’s Notice of Appeal, or such other time agreed to by the parties. If NABP elects to not respond to the Notice of Appeal, it will notify Appellant in writing.
b) Convening the Commission
- No more than 90 days from the Notice of Appeal, or such other time agreed to by the parties, the Commission will convene. The Commission consists of the NABP Executive Director and the NABP Policy and Communications Director.
c) Both parties to the appeal may be represented by counsel.
d) Any costs incurred by NABP over the initial administrative fee will be borne by the Appellant. Failure of Appellant to pay in full fees associated with the appeal, including the Commission’s expenses, within 30 days of the date of the bill or invoice, will result in termination of the appeal and the rejection/revocation will be affirmed and the T&C will terminate.
e) In the event that a person designated as a member of the Commission shall be unable to serve for any reason at any time, an alternate member shall be selected by the Executive Director of NABP. The member’s service and affiliation with NABP, NABP’s Executive Committee, and the Commission shall not be grounds for disqualification based upon claims of conflict-of-interest, bias, or the like.
f) Articles for consideration.
- The Commission will only consider the Notice of Appeal, NABP’s response to Appellant’s Notice of Appeal, and the .Pharmacy Registry Terms and Conditions (T&C), including any documents incorporated or referenced within T&C (together, the ”Articles”).
- The only documents and information that may be included within the Notice of Appeal or NABP’s response to Appellant’s Notice of Appeal are:
- Information provided by Appellant to NABP for the purpose of obtaining or maintaining a .pharmacy domain name;
- Information NABP staff used to make its decision to reject/revoke Appellant; and
- Any communications between Appellant and .Pharmacy Registry staff members.
- No new evidence, information, arguments, compliance plans, or witnesses can be presented to the Commission. Attempts to include new evidence, information, arguments, compliance plans, or witnesses will not be considered by the Commission and will be construed as violations of the T&C.
- No discovery is conducted. An in-person hearing is not conducted.
- NABP compiles the Articles for the Commission.
- NABP forwards copies of the Articles to the Commission at least one week prior to convening the Commission. A copy of the Articles is forwarded to the Appellant.
g) Commission powers and responsibilities.
- The two-member Commission reviews the Articles.
- Commission members may not consider a document or information that is not part of the Articles.
- The Commission members decide the appeal applying the standard of review set forth in the T&C.
- The Commission reserves the right to conduct a teleconference, at its sole discretion. Not more than two representatives of Appellant (e.g., Appellant’s attorney and an organizational representative) and two representatives from NABP’s .Pharmacy Registry (e.g., attorney and a program representative) may participate in the teleconference. No new evidence, information, arguments, compliance plans, or witnesses can be presented to the Commission in the teleconference. Attempts to include new evidence, information, arguments, compliance plans, or witnesses will not be considered by the Commission and will be construed as violations of the T&C.
h) Decision and report.
- Unless another time period is agreed to by the parties, the Commission renders a decision not more than 120 days from the date of the Notice of Appeal.
- The Commission renders a decision applying the standard of review found in the T&C, and either:
- Affirms the decision of NABP to issue the rejection/revocation; or
- Finds that NABP did not follow its established policies and/or procedures or made a substantive error of fact, and that these acts resulted in the issuance of the rejection/revocation. The Commission will then reverse the decision of NABP and restore Appellant to its position prior to the rejection/revocation.
- The Commission conveys its decision to the Executive Director/Secretary of NABP, who will prepare a written report, on behalf of the Commission, setting forth the Commission’s decision. The Executive Director/Secretary will provide a copy of the report to the Appellant and its counsel as applicable, Commission members, and NABP counsel.
i) The decision of the Commission is final.
j) Appellant has no further rights to appeal, with NABP or the Commission, after the Commission has rendered a decision.
k) At any time, NABP, in its sole discretion, may amend the terms of Exhibit A. The applicable terms will be posted on the NABP website, or its successor website. The amended Exhibit A terms will be effective for all appeals submitted after the date of publication of the amendment.