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DOMAIN REGISTRATION AGREEMENT >
This Registration Agreement ("Agreement") sets forth the terms
and conditions of your use of domain name registration and related services
("Services"). In this Agreement "you" and "your" refer to you and the registrant
listed in the WHOIS contact information for the domain name. "We", "us" and
"our" refer to BestRoad, Resellers of an Accredited Registrar.
YOU AGREE TO THIS AGREEMENT: By using the Service(s), you agree
to all terms and conditions of this Agreement, the UDRP (define below) and the
rules, policies, or agreements published in association with specific of the
Service(s) and/or which may be enforced by by ICANN, the registries, and
governments.
PASSAGE OF TIME: This Agreement will change over time. If you no
longer agree with the terms of this Agreement, you agree that your exclusive
remedy is to transfer your domain name to another registrar or request of us
that we cancel your domain name registration. If you continue to use the
Services following a change in this Agreement and/or the Services, your
continued use of the Services indicates your consent to the changes. Any such
revision or change will be binding and effective within 30 days of when the
revised Agreement or change to the Service(s) is posted, or immediately after
viewing the revised Agreement or immediately on notification to you by e-mail or
United States mail. You agree to review this Agreement periodically to make
yourself aware of any such revisions.
YOUR ACCOUNT: You must create an account to use the Services. You are
responsible for maintaining and updating all login IDs, passwords, and for all
access to and use of your account by you or any third party.
SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S): We
may reject your domain name registration application or elect to discontinue
providing Service(s) to you for any reason within 30 days of a Service
initiation or a Service renewal. Outside of this period, we may terminate or
suspend the Service(s) at any time for cause, which, without limitation,
includes registration of prohibited domain name(s), abuse of the Services,
payment irregularities, serious allegations of illegal conduct, or if your use
of the Services involves us in a violation of any Internet Service Provider's
("ISP's") acceptable use policies, including the transmission of unsolicited
bulk email. If we have grounds to terminate or suspend Service(s) to one domain
name or in relation to other Service(s) provided through your account, we may
terminate or suspend all Service(s) provided through your account, including
Service(s) to other domain names. No fee refund will be made when there is a
suspension or termination of Service(s) for cause. At any time and for any
reason, we may terminate the Services upon 30 day notice, which notice will be
considered received by you five days after it is transmitted via mail or email
to the WHOIS contact information provided in association with your domain name
registration. Following notice of termination other than for cause, you must
transfer your domain name or risk that we may delete your domain name or suspend
or modify Services to it. If we terminate Services for a reason other than
cause, we will attempt to refund your fees. You further acknowledge and agree
that your registration of a domain name is subject to suspension, cancellation
or transfer by any ICANN procedure, by any registrar or registry administrator
procedures approved by an ICANN-adopted policy, to correct mistakes by us,
another registrar or the registry administrator in administering the domain name
or for the resolution of disputes concerning the domain name.
OUR SERVICES: We are resellers of an accredited registrar with the Internet
Corporation for Assigned Names and Numbers ("ICANN") for Top Level Domain Names
("TLDs") (such as .com, .net, .org, .de, co.uk, etc.). ICANN oversees
registrations and other aspects of the TLDs. Domain name registrations are not
effective until the registry administrator puts them into effect. For a list of
registry administrators and for more information on TLDs, at http://www.icann.org/tlds/.
Domain name registrations are only for limited terms, terms which end on the
expiration date. For domain names which are created as a new registration out of
the available namespace, the term begins on the date the domain name
registration is acknowledged by the applicable registry; for domain names
registrations which were not returned to the available namespace, the term
begins on the date the previous registrant's domain name registration was
acknowledged by the applicable registry. You agree that we are not liable or
responsible in any way for any errors, omissions or any other actions by the
registry administrator arising out of or related to your application and receipt
of, failure to receive, or revocation of a domain name registration.
YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY
CLAIM(S). You further agree to indemnify, defend and hold harmless us, your
Primary Service Provider, and applicable registry administrator(s) (including
Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and
other registry operators listed at http://www.icann.org/registries/listing.html)
and all such parties' directors, officers, employees, and agents from and
against any and all claims, damages, liabilities, costs, and expenses (including
any direct, indirect, incidental, special or consequential damages and
reasonable legal fees and expenses) arising out of, or related to, your domain
name registration.
NOT INCLUDED IN THE SERVICES: Without limitation, the following are not
included in the Services: We cannot and do not check to see whether the domain
name(s) you select, or the use you make of the domain name(s), or other of the
Service(s), infringes legal rights of others. It is your responsibility to know
whether or not the domain name(s) you select or use infringes legal rights of
others. We might be ordered by a court to cancel, modify, or transfer your
domain name; it is your responsibility to list accurate contact information in
association with your account and to communicate with litigants, potential
litigants, and governmental authorities. It is not our responsibility to forward
court orders or other communications to you. We will comply with court orders
unless you contact us to contest the order.
IF LAWSUIT(S) ARE THREATENED: If we are sued or threatened with lawsuit in
connection with Service(s) provided to your account, we may turn to you to
indemnify us and to hold us harmless from the claims and expenses (including
attorney's fees and court costs). Under such circumstances, you agree that you
will, upon demand, obtain a performance bond with a reputable bonding company
or, if you are unable to obtain a performance bond, that you will deposit money
with us to pay for our reasonably anticipated expenses in relation to the matter
for the coming year. Such deposit will be drawn down as expenses are incurred,
with all account notices sent to the WHOIS contact information provided in
association with your domain names and/or account. We shall not be obliged to
extend you any credit in relation to such expenses and we may terminate the
Services for a failure to make or renew such a deposit. We will return any
unused deposit upon the later of one year from deposit or the conclusion of the
matter.
DISPUTE RESOLUTION POLICY: You agree to the Uniform Domain
NameDispute Resolution Policy ("UDRP"), information regarding which is available
at http://www.icann.org/udrp/udrp-rules-24oct99.htm. You agree that the UDRP may
be changed by ICANN (or ICANN's successor) at any time. You agree that, if the
registration or reservation of your domain name is challenged by a third party,
you will be subject to the provisions specified in the Dispute Policy in effect
at the time your domain name registration is disputed by the third party. You
also agree that, in the event a domain name dispute arises with any third party,
you will indemnify and hold us harmless pursuant to the terms and conditions of
the UDRP. You also understand that it is important for you to regularly monitor
email sent to the email address associated with your account and domain names
because, among other reasons, if a dispute arises regarding Services provided to
you, you may loose your rights to receive the Services if you do not respond
expeditiously to an email sent in conjunction therewith.
FEES: As consideration for the Service(s), renewal of the
Service(s), and, if you select it, automatic renewal of the Service(s), you
agree to pay, prior to the effectiveness of the desired Service(s), the
applicable Service(s) fees. All fees are non-refundable, in whole or in part,
even if your domain name registration is suspended, cancelled or transferred
prior to the end of your then current registration term, unless this Agreement
specifically provides for a refund. At our option, we may require that you pay
fees through a particular payment means (such as by credit card or by wire
transfer) or that you change from one payment provider to another.
CREDIT CARD CHARGES: If you have an issue with credit card
charges, you should contact us regarding the issue before you contact your
credit card company to request a charge back. In the event of a charge back by a
credit card company (or similar action by another payment provider allowed by
us) in connection with your payment of fees for any Service(s), you agree that
we may suspend access to any and all accounts you have with us and that all
right, title, interest in, and use of any domain name registration(s) and/or
websites, email, or other data hosted on our systems shall be assumed by us as
the case may be. We will reinstate your rights solely at our discretion, and
subject to our receipt of the unpaid fee(s) and our then-current reinstatement
fee, currently set at US $210. Charges for the Service(s) which use our credit
card payment processor will be identified on your credit card statement as "BestRoad
or BestRoad.com"
EXPIRATION AND RENEWAL OF SERVICE(S): You acknowledge that it is
your responsibility to keep your own records and to maintain your own reminders
regarding when your domain name registration or other Services are set to
expire. As a convenience to you, and not as a binding commitment, we may notify
you via an email message or via your account when renewal fees are due. Should
these fees go unpaid, your Services will expire or be cancelled. Payment must be
made by credit card or such other method as we may allow or require from time to
time. If you select automatic renewal of the Service(s), we may attempt to renew
the Service(s) a reasonable time before expiration, provided your account has
available credit to cover the fees. You acknowledge that it is your
responsibility to keep your billing information up to date and that we are not
required to, but that we may, contact you to update this information in the
event that an attempted transaction is not processed successfully.
ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
As further consideration for the Service(s), you agree to provide certain
current, complete and accurate information about you, both with respect to your
account information and with respect to the WHOIS information for your domain
name(s). You agree to maintain and update this information as needed to keep it
current, complete and accurate. With respect to you, the administrative,
technical, and billing contacts for your domain name registration(s) and other
Service(s), you must submit the following: name, postal address, e-mail address,
voice telephone number, and where available, fax number. You agree that the type
of information you are required to provide may change change and you understand
that, if you do not wish to provide the newly required information, your
registration or Service(s) may be suspended or terminated or may not be renewed.
All other information which we may request from you at registration is
voluntary. However, not providing the requested information may prevent you from
obtaining all Service(s) made available to domain name registrants by us. You
may also provide information regarding the name-servers assigned to your domain
name(s) and, if we are providing name-server services to you, the DNS settings
for the domain name. If you do not provide complete name-server information, you
agree that we may supply this information (and point your domain name to a
website of our choosing) until such time as you elect to supply the name-server
information.
YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS
CONTACT INFORMATION: In the event that, in registering a domain name or
obtaining other Service(s), you provide information about or on behalf of a
third party, you represent that you have (a) provided notice to that third party
of the disclosure and use of that party's information as set forth in this
Agreement, and (b) that you have obtained the third party's express consent to
the disclosure and use of that party's information as set forth in this
Agreement. By registering a domain name or applying for Services you also
represent that the statements in your application are true and you also
represent that the domain name is not being registered or the Services being
procured for any unlawful purpose. You acknowledge that providing inaccurate
information or failing to update information promptly will constitute a material
breach of this Agreement and will be sufficient basis for suspension or
termination of Services to you. You further agree that your failure to respond
for over ten (10) calendar days to inquiries by us concerning the accuracy of
account and WHOIS contact information shall constitute a material breach of this
Agreement and will be sufficient basis for suspension or termination of
Service(s) to you. As indicated elsewhere in this Agreement, you understand that
it is important for you to regularly monitor email sent to the email address
associated with the in your account and WHOIS contact information because, among
other reasons, if a dispute arises regarding a domain name(s) or other
Service(s), you may loose your rights to the domain name(s) or your right to
receive the Service(s) if you do not respond appropriately to an email sent in
conjunction therewith.
ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR
LIABILITY: In order to change any of your account or domain name WHOIS
information, you must access your account with us. Please safeguard your account
login identifier and password from any unauthorized use. You agree that any
person in possession of your account login identifier and password will have the
ability and your authorization to modify your account and domain name
information. We will take reasonable precautions to protect the information we
obtain from you from loss, misuse, unauthorized access or disclosure, alteration
or destruction of that informationand that such reasonable precautions include
procedures for releasing account access information to parties who claim to have
lost account access information you agree that, if we take reasonable
precautions in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH
REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR
ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE
PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE
LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact
us alleging that a third party has unauthorized access to your account or domain
names, you agree that we may charge you administrative fees of $50 per hour for
our time, regardless of whether or not we return control over the account and/or
domain names to you.
TRANSFERS: You agree that transfer of your domain name(s) shall
be governed by ICANN's transfer policy, available at
http://www.icann.org/transfers/, as this policy may be modified from time to
time. You agree that we may place your domain name(s) on Registrar Lock to
prevent them from being transferred without your authorization, though we are
not required to do so. By allowing your domain name to remain locked, you
provide express objection to any and all transfer requests until the lock is
removed. To transfer your domain name(s) you should first login to your account
to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which
is required to transfer domains in an EPP registry (such as .org). Only the
registrant and the administrative contacts listed in the WHOIS information for a
domain name may approve or deny a transfer request. Without limitation, domain
names may not be transferred within 60 days of initial registration, within 60
days of a transfer, if there is a dispute regarding the identity of the domain
name holder, if you are bankrupt, or if you fail to pay fees when due. We will
follow the procedures for both gaining and loosing registrars as outlined in
ICANN's transfer policies. Transfer requests typically take five business days
to be processed. A transfer will not be processed if, during this time, the
domain name registration expires. You may be required to resubmit a transfer
request if there is a communication failure or other problem at either our end
or at the registry. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK
FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END
OF A REGISTRATION TERM.
PRIVACY POLICY: You agree and consent that we will make
available the domain name registration information you provide or that we
otherwise maintain to the following parties: ICANN, the registry
administrator(s), and to other third parties as ICANN and applicable laws may
require or permit (including through web-based and other on-line WHOIS lookup
systems). ), whether during or after the term of your registration of the domain
name. You hereby irrevocably waive any and all claims and causes of action you
may have arising from such disclosure or use of your domain name registration
and other information. Additionally, you acknowledge that ICANN may establish or
modify the guidelines, limits and/or requirements that relate to the amount and
type of information that we may or must make available to the public or to
private entities, and the manner in which such information is made available.
Information regarding ICANN's guidelines and requirements regarding WHOIS can be
found at http://www.icann.org/registrars/wmrp.htm,
http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at
http://www.icann.org/index.html.
OWNERSHIP OF INFORMATION AND DATA: You agree and acknowledge
that we own all database, compilation, collective and similar rights, title and
interests worldwide in our domain name database, and all information and
derivative works generated from the domain name database. You further agree and
acknowledge that we own the following information for those registrations for
which we are the registrar: (a) the original creation date of the registration,
(b) the expiration date of the registration, (c) the name, postal address,
e-mail address, voice telephone number, and where available fax number of all
contacts for the domain name registration, (d) any remarks concerning the
registered domain name that appear or should appear in the WHOIS or similar
database, and (e) any other information we generate or obtain in connection with
the provision of domain name registration services, other than the domain name
being registered, the IP addresses of the primary nameserver and any secondary
nameservers for the domain name, and the corresponding names of those
nameservers. We do not have any ownership interest in your specific personal
registration information outside of its rights in our domain name database.
AGENTS AND LICENSES: You agree that, if you are registering a
domain name for or on behalf of someone else, you represent that you have the
authority to nonetheless bind that person as a principal to all terms and
conditions provided herein. You agree that if you license the use of the domain
name registered to you to a third party, you nonetheless remain the domain name
holder of record, and remain responsible for all obligations under this
Agreement, including but not limited to payment obligations, and providing (and
updating, as necessary) both your own full contact information, and accurate
technical, administrative, billing and zone contact information adequate to
facilitate timely resolution of any problems that arise in connection with the
domain name and domain name registration.
USE OF FREE SERVICES: In consideration for providing additional optional
Services for which we do not charge an additional fee, including, but not
limited to, URL forwarding, email forwarding, free parking page, free website
hosting, free email services, or other services which we may introduce from time
to time but for which there is not a separate fee ("Free Services"), you agree
that, if you use such Free Services, we may display advertising in conjunction
therewith through the use of pop-up or pop-under browser windows, banner
advertisements, audio or video steams, appendices to emails, or other similar
advertising means, and that we may aggregate related usage data by means of
cookies and other similar means. You agree that from time to time we may provide
you with free or low-cost domain name(s) ("Promotional Name(s)"). If we do so,
the Promotional Name(s) will be placed in the same account as your other domain
name(s) and you will be listed as the registrant, though we may point the
Promotional Name to IP address(es)of our choosing. If you want to assume control
over the Promotional Name, including the right to transfer or push the
Promotional Name or to the ability to control the DNS settings for the
Promotional Name, you must pay the promotional registration fee or renewal fee,
if any, and agree to the terms of this Agreement with respect to such
Promotional Name(s). If you do not want the Promotional Name, you may request
that we push the Promotional Name, in which case you will be removed as the
registrant and we will be listed as the domain name registrant. Alternatively,
you may contact us to request that we delete the Promotional Name. For any name,
including these Promotional Names, for which you are listed as registrant but
for which you do not pay the registration or renewal fee, you agree that we may
assign name-servers to the domain name and point the domain name to IP
address(es) designated by us until the registration or renewal fee is paid.
AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION:
After expiration of the term of a domain name registration and before deletion
of the domain name by the applicable registry, you acknowledge that we may
direct the domain name to name-servers and IP address(es) designated by us,
including, without limitation, to no IP address or to IP address(es) which host
a parking page or a commercial search engine that may display advertisements,
and you acknowledge that we may either leave your WHOIS information intact or
that we may, but only under certain circumstances, change the contact
information in the WHOIS output for the expired domain name so that you are no
longer the registrant of the expired domain name.
After expiration of the term of a domain name registration, you
acknowledge that certain registry administrators may provide procedures or grace
periods during which expired domain name registrations may be renewed. You
acknowledge that you assume all risks and all consequences if you wait until
close to or after the end of a domain name registration term to attempt to renew
the registration. You acknowledge that we, for any reason and in our sole
discretion, may choose not to participate in a post-expiration renewal of a
domain name and that we shall not be liable therefore. You acknowledge that
post-expiration renewal or redemption processes, if any, involve additional fees
which we may determine. You acknowledge and agree that expired domain name(s)
may be made available to be registered or re-registered to any party at any
time.
You agree that after expiration of the term of a domain name registration we
may, for a period of 30 days, either i) remove the domain name from the zone of
the top-level-domain (meaning that the domain name will no longer resolve), or
ii) direct the domain name to name-servers and IP address(es) of website(s)
designated by us, including, without limitation, to IP address(es) which host a
parking page or a commercial search engine. You agree that either are
functionally equivalent to ICANN's or a registry's redemption grace period,
which would normally occur after deletion, and that both provide you with enough
notice that your name is expired and that you should renew it if you wish to
renew it. If we exercise our rights under this provision, and if you do not
contact us to pay for and renew the domain name prior to the end of the 30 days,
you agree that you have abandoned the domain name.
After this 30 day period, you agree that we may, possibly via a
sub-contractor, solicit and provide for a third party to pay to renew the domain
name's registration term and to allow such a third party to assume complete
control over the domain name as its registrant (a "Post-Expiration Registrant
Change", or "PERC"). If we enter into a PERC transaction with such a third party
(the "PERC Customer"), we will send an email notification to the email
addresses, if any, which were listed for the registrant and the administrative
contact(s) for the domain name when it was registered by you (the "PERC
Notification"). You acknowledge that you might not receive the PERC Notification
and that it is not our obligation to confirm whether or not the PERC
Notification was received by you. The previously listed registrant (typically
you) may receive a portion of the funds received by us for the PERC as follows:
(i) if the domain name was registered directly through us, the previously listed
registrant may receive twenty percent (20%) of the Net Proceeds received by us
(either directly or from a third party vendor providing services to us) as a
result of the PERC; or (ii) if the domain name was registered with us, the
previously listed registrant may receive fifteen percent (15%) of the Net
Proceeds received by us as a result of the PERC. You acknowledge and agree that
the PERC may be accomplished through an auction involving one or more parties
who are interested in the domain name. If it is determined that either the
registrant or the administrative contact for the domain name or anyone acting on
behalf of such a party participated in the auction, then none of the Net
Proceeds will be paid out or if paid out must be returned to us. "Net Proceeds"
means the total fees paid to us (either directly or by a third party providing
services to us) as a result of the PERC, less registry fees, ICANN fees, taxes,
credit card charge-backs, processing and check fees, and other costs or fees
associated with the PERC. You agree that we shall have no obligation to make the
foregoing payments unless, within ninety (90) days after the date of the PERC
Notification, the previously listed registrant provides us with the name,
address and other information requested (including, but not limited to, a Form
W-9, if applicable) in the PERC Notification. We cannot guarantee, and we make
no representation or promise, that any PERC will occur with respect to a domain
name registered by you. You understand that, if you do not wish to participate
in this process, that you may renew your domain name registration in the
available time and that you may arrange for the sale or other disposition of the
domain name on your own.
Alternatively, if you do not contact us to renew the domain name
registration during the 30 day period described above, and if we are unable or
unwilling to arrange a PERC, you agree that we may either (i) delete the domain
name at any time thereafter or (ii) that we may pay the registry free or
otherwise allow it to continue to be registered with the WHOIS information
previously provided by you and pointing to the name-server(s) and IP address(es)
designated by us, and that we will not remove it from the TLD zone. In the
latter event, the name will be designated as being in the extended redemption
grace period ("ERGP"), and you will be allowed to assume, during the first 90
days of the then extant registration term, complete management of the domain
name, including the right to control the DNS information, provided that you pay
the registration fees for a one-year registration term and our ERGP redemption
fee of $200.00 (per domain). After the end of the 30-day period, if you do not exercise your rights
under this provision, you agree that you have abandoned the domain name, and
relinquish all rights and control over the domain name, and that you are no
longer the registrant of the domain name, and that we may list ourselves or
another party as the registrant of the domain name in the WHOIS. If we exercise
our rights under this provision and you do not wish to be listed as the
registrant and you wish to forego your option under this provision to pay to
renew the domain name registration for the then-current registration term, you
may notify us before the end of the 30-day period and request that we remove
your information from the WHOIS record for the domain name, in which case we, or
a third party we designate, will be listed as the registrant, and in which case
you relinquish all rights and control over the domain name, and in which case we
may i) continue to point the domain name to IP address(es) designated by us, or
ii) we may delete the domain name.
ANNOUNCEMENTS: You agree that we may distribute information to
you that is pertinent to the quality or operation of our Service(s). These
announcements will be predominately informative in nature and may include
notices describing changes, upgrades, new products or other information to add
security or to enhance your identity on the Internet and/or they may include
information or announcements which ICANN, the registries, or others may require
us to distribute.
LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE
SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES,
(2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME
REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR
BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR
SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A
DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR
EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A
DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED
USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE
DISPUTE POLICY. WE ALSO WILL NOT BE LIABLE FOR 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER
THAN FOUR HUNDRED DOLLARS ($400.00). BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN
SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
INDEMNITY: With respect to ICANN, the registry operators, us, as
well as the contractors, agents, employees, officers, directors and affiliates
of such parties, you agree to release, indemnify, and hold such parties harmless
from all liabilities, claims and expenses, including attorney's fees and court
costs, for third party claims relating to or arising under this Agreement, the
Service(s) provided hereunder, or your use of the Service(s), including, without
limitation, infringement by you, or by anyone else using the Service(s) we
provide to you, of any intellectual property or other proprietary right of any
person or entity, or from the violation of any of our operating rules or
policies relating to the Service(s) provided. When we may be involved in a suit
involving a third party and which is related to our Service(s) to you under this
Agreement, we may seek written assurances from you in which you promise to
indemnify and hold us harmless from the costs and liabilities described in this
paragraph. Such written assurances may include, in our sole discretion, the
posting of a performance bond(s) or other guarantees reasonably calculated to
guarantee payment. Your failure to provide such assurances may be considered by
us to be a breach of this Agreement by you and may, in our sole discretion,
result in loss of your right to control the disposition of domain names for
which you are the registrant and in relation to which we are the registrar of
record. This indemnification is in addition to any indemnification required
under the UDRP.
REPRESENTATIONS AND WARRANTIES: YOU REPRESENT THAT, TO THE BEST
OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR NOR
THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF
THE SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER
REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH
YOUR PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO
YOU "AS IS." EXCEPT FOR OUR STATEMENT REGARDING OUR STATUS AS A RESELLER FOR AN
ICANN-APPROVED DOMAIN NAME REGISTRAR, WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR
THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE
NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF
A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO
YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF
THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL
FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE
MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL
SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
GOVERNING LAW: this Agreement, your rights and obligations and
all actions contemplated by this Agreement shall be governed by the laws of the
United States of America and the State of Florida, as if the Agreement was a
contract wholly entered into and wholly performed within the State of Florida.
You agree that any action to enforce this Agreement or any matter relating to
your use of the Services shall be brought exclusively in the United States
District Court in the County of Sarasota, Florida, or if there is no
jurisdiction in such court, then in a state court in Sarasota County, Florida
state. You consent to the personal and subject matter jurisdiction of any state
or Federal court in Sarasota County, Florida state in relation to any dispute
arising under this Agreement. You agree that service of process on you by us in
relation to any dispute arising under this Agreement may be served upon you by
first class mail to the address listed by you in your account and/or domain name
WHOIS information or by electronically transmitting a true copy of the papers to
the email address listed by you in your account and/or domain name WHOIS
information.
NOTICES: You agree that any notices required to be given under
this Agreement by us to you will be deemed to have been given if delivered in
accordance with the account and/or domain name WHOIS information you have
provided.
INFANCY: You attest that you are of legal age to enter into this
Agreement.
GENERAL: This Agreement and the UDRP, together with all
modifications, constitute the complete and exclusive agreement between you and
us, and supersede and govern all prior proposals, agreements, or other
communications. Nothing contained in this Agreement shall be construed as
creating any agency, partnership, or other form of joint enterprise between the
parties. The failure of us to require your performance of any provision hereof
shall not affect the full right to require such performance at any time
thereafter; nor shall the waiver by us of a breach of any provision hereof be
taken or held to be a waiver of the provision itself. In the event that any
provision of this Agreement shall be unenforceable or invalid under any
applicable law or be so held by applicable court decision, such unenforceability
or invalidity shall not render this Agreement unenforceable or invalid as a
whole. We will amend or replace such provision with one that is valid and
enforceable and which achieves, to the extent possible, our original objectives
and intent as reflected in the original provision. This Agreement may not be
amended or modified by you except by means of a written document signed by both
you and an authorized representative of us.
ADDITIONAL REGISTRY REQUIREMENTS:
You, the registrant, must agree to each registry's domain registration
agreement should you desire to register a domain name in these registries:
The additional registry
agreements are but not limited to: .biz, .ca, .cc, .cn, .com, .in, .info, .name,
.net, .nu, .org, .tv, .us, and .ws registries. |