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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 the registrars listed
at the
bottom of this document, any one of which will be the registrar
for your domain name and all of which share common ownership, common
terms and conditions, and a shared Services infrastructure. To
determine which registrar your domain name is registered with,
perform a WHOIS lookup at http://www.whois.sc/. You obtain the Services
first through a Primary Service Provider, ENOM, INC., with whom we
have a wholesale relationship. Your relationship with your Primary
Service Provider may be governed by additional terms, as you and
your Primary Service Provider may agree. "We," "us" and "our" does
not include your Primary Service Provider, except when specifically
mentioned or unless your Primary Service Provider is one of us (i.e.
unless your Primary Service Provider is one of the registrars listed
at the
bottom of this document).
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. Your account is typically going to be managed
and/or provided by your Primary Service Provider. 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 and your Primary Service Provider 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
and your Primary Service Provider 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 accredited registrars 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, see HYPERLINK 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 and your Primary Service
Provider 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 your Primary
Service Provider (if any), first, and us, secondarily, 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 and/or your Primary Service Provider may suspend access to
any and all accounts you have with us and/or your Primary Service
Provider 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 and/or the systems of your Primary Service
Provider shall be assumed by us or your Primary Service Provider, 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 $200.
Reinstatement of Service(s) by your Primary Service Provider may be
according to the terms, if any, between you and your Primary Service
Provider relating to reinstatement. Charges for the Service(s) which
use our credit card payment processor will be identified on your
credit card statement as "Domain Name Registration." We are not
responsible for how charges appear on your credit card statement
when the transaction is processed by your Primary Service Provider's
or another third party's credit card payment
processor.
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 and/or your Primary
Service Provider 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 credit card or other billing information is available
and up to date. 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, or if you purchase "Name Only" Services,
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 or until such time as you elect
to upgrade from "Name Only" Services.
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 your
Primary Service Provider (if any), or your account with us. Please
safeguard your account login identifier and password from any
unauthorized use. You agree that any person in possession of you
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). Alternatively, you should contact your
Primary Service Provider to have your domain name(s) locked or
unlocked or to obtain the EPP "AuthCode." If your Primary Service
Provider is unresponsive, you may contact us to have your domain
name(s) locked or unlocked or to obtain the EPP "AuthCode." 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 push the Promotional Name to our account
with login ID or you may request that your
Primary Service Provider 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 or your
Primary Service Provider 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 and
your Primary Service Provider 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 through your Primary Service
Provider (such as your website host, for example), 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 your Primary Service Provider's ERGP
redemption fee. After the end of the 90-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 90-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) and the services of your Primary Service Provider
which utilize 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.
GLENGATE ESTATES LIMITED, NOMANIX.COM or ENOM, INC. 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, and your Primary Service
Provider, 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 ACCREDITATION AS
ICANN-APPROVED DOMAIN NAME REGISTRARS, 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 Washington, as if the Agreement was a contract wholly entered
into and wholly performed within the State of Washington. 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 for the Western District of Washington, or if
there is no jurisdiction in such court, then in a state court in
King County, Washington state. You consent to the personal and
subject matter jurisdiction of any state or Federal court in King
County, Washington 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.
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