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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 us. To determine which registrar your domain name is registered with,
perform a WHOIS lookup at
http://www.uwhois.com. You obtain the Services first through a Primary
Service Provider, VodaHost.com, 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.
1) YOU AGREE TO THIS VodaHost.com AGREEMENT: By using the
VodaHost 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 ICANN, the registries, and governments.
2)
PASSAGE OF TIME: This Agreement will change over time. If, as a result of such a
change, you no longer agree with the terms of this Agreement, you agree that
your exclusive remedy is to transfer your domain name registration services to
another registrar or request of us that we cancel your domain name registration
services. 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 to the website of either the Primary or Backend Service
Providers, or 15 days after you view the revised Agreement or 15 days after
notification is sent to the e-mail address provided in association with your
domain name registration. You agree to review this Agreement periodically to
make yourself aware of any such revisions.
3)
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.
4)
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. You agree that if we terminate or
suspend the Services provided to you under this Agreement, that we may then, at
our option, make either ourselves or a third party the beneficiary of Services
which are substantially similar to those which were previously providing to you
and that any reference in this Agreement to termination or suspension of the
Services to you includes this option. If we have grounds to terminate or suspend
Service(s) with respect 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 30 days
after we send notice of termination via mail or email, at our option, 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.
5)
OUR SERVICES: All domain registered by us are done via
ENOM. Enom is 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, 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 a request to register, renew, modify the settings for, or transfer of
a domain name registration (our limitation of liability is explained further,
below). You further agree that domain name registration is a service, that
domain name registrations do not exist independently from services provided
pursuant to this or a similar registration agreement with a registrar, and that
domain name registration services do not create a property interest.
6)
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, the domain name registration services
you are obtaining from us.
7)
DISPUTE RESOLUTION POLICY: You agree to the Uniform Domain NameDispute
Resolution Policy ("UDRP"), which is available at
http://www.icann.org/udrp/udrp-rules-24oct99.htm and
http://www.icann.org/dndr/udrp/policy.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.
8) 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.
9) CREDIT CARD AND OTHER 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 or reversal of the charges. 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
rights to and interest in and use of any domain name registration(s) services,
website hosting, and/or email services, including all data hosted on our systems
and/or on 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
to and control over these Services solely at our discretion, and subject to our
receipt of the unpaid fee(s) and our then-current reinstatement fee, currently
set at $200(US Dollars). 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.
10) EXPIRATION AND RENEWAL OF
VodaHost.com 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.
11)
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 and you understand that, if you do not
provide the newly required information, your registration or and/or other
Service(s) may be suspended or terminated or may not be renewed. Not providing
requested information may prevent you from obtaining all Service(s). You may
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.
12) 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 other Service(s) 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 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.
13) ACCESSING YOUR VodaHost.com 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 (US dollars) per hour for our time spent
in relation to the matter, regardless of whether or not we return control over
the account and/or domain names to you.
14) TRANSFERS TO AND FROM VodaHost.com: You agree that transfer of your domain name(s) services 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 a "Registrar Lock" on your domain name
services and that this will prevent your domain name services from being
transferred without your authorization, though we are not required to do so. By
allowing your domain name services 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 domain services in an EPP registry (such as .org). Alternatively,
you should contact your Primary Service Provider to have your domain name(s)
services 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" though we may first contact
your Primary Service Provider to request that the Primary Service Provider
address the request. Only the registrant and the administrative contacts listed
in the WHOIS information may approve or deny a transfer request. Without
limitation, domain name services 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 registrant, 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 services expire
in which event you may need to reinstate the transfer request. 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.
15) 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 our rights in our domain name database.
16)
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.
17) USE OF FREE VodaHost.com 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) services ("Promotional Name(s)"). If we
do so, the services for 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 services provided to the Promotional Name,
including the right to transfer or push the Promotional Name service to other
registrars or other accounts or 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 services, you may
request that you be removed as the registrant of such Promotional Names 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
from the namespace. For any domain name services, 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.
18)
AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION: After expiration of
the term of a domain name registration services and before deletion of the
domain name in the applicable registry's database, 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 change the contact information in the WHOIS output for the expired
domain name so that you are no longer the listed registrant of the expired
domain name.
After expiration of the term of domain name registration services, 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. If we exercise our rights under this
provision, and if you do not transfer the domain name services to another
registrar nor 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 either (i) delete the domain
name at any time thereafter or (ii) that we may pay the registry's registration
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 domain name will be designated as being in the extended
redemption grace period ("ERGP"), and you will be allowed to assume, during the
first 120 days of the then extant registration term, complete management of the
domain name services, including the right to control the DNS information,
provided that you pay a fee of $160 (US dollars). After the end of the 120-day
period, if you do not exercise your rights under this provision, you agree that
you have abandoned the domain name services, and relinquish all rights and use
of the domain name services, 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 information. 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 services for the then-current registration term, you may notify us
before the end of the 120-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 services, 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 from the applicable registry's database.
Alternatively, if you do not contact us to renew the domain name registration
services during the 30 day period described above, you agree that we may (i)
delete the domain name at any time thereafter or (ii) we may put the domain name
up for auction pursuant to the terms of our Pre-Release Names auction service,
or (iii) pay the registry fee 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 services, including the right to control the DNS information,
provided that you pay a fee of $200 (US dollars). 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 services, and relinquish all rights and use
of the domain name services, 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 information. 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 services 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 services, 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 from the applicable registry's database.
19) 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. {{OrgName}} 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 US Dollars). 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.
20)
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 name services 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.
21) REPRESENTATIONS AND WARRANTIES: YOU REPRESENT THAT, TO THE BEST OF YOUR
KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME 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.
22) GOVERNING LAW AND JURISDICTION FOR DISPUTES: Except as otherwise set forth in
the UDRP or any similar ccTLD policy with respect to any dispute over a domain
name registration 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 brought by you to enforce this Agreement
or any matter brought by you and which is against or involves us and which
relates 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
between you and us 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. . Notwithstanding the foregoing, for the adjudication of
third party disputes (i.e., disputes between you and another party, not us)
concerning or arising from use of domain names registered hereunder, you
acknowledge and agree that you shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts (a) of
the domain name holder's domicile, and (b) where we are located, currently
Bellevue, W.A.
23)
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.
24)
INFANCY: You attest that you are of legal age to enter into this Agreement.
25)
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. |