Terms and Conditions for Interservers Technology Inc. and
InternicUK Ltd. Please check for periodic
updates and changes.
By
clicking on the "Accept" button below and/or by requesting the use of
any of Interservers Technology Inc. or InternicUK Ltd. services, you agree to
be a party to and to be bound by the terms of the agreements.
Disclaimer
InternicUK Ltd. and
Interservers Technology Inc., (collectively referred to as "InternicUK Ltd." "Internic.co.uk" or “we” “us”,
“our/ours”) at its sole discretion, may change the terms, conditions and
operation of this website (the "Site") at anytime. By using this
service the user (“you”) agrees to the terms of this disclaimer and further
waives any rights or claims it may have against InternicUK Ltd.
The content available
through the Site is the sole property of InternicUK Ltd or its advertisers,
suppliers, or licensors and is protected by patent, copyright, trademark and/or
other intellectual property laws and/or protections available under the common
law. Except as otherwise explicitly
agreed in writing, InternicUK Ltd owned content received through the Site may
be downloaded, displayed, reformatted and printed for your personal,
non-commercial use only. Content owned by InternicUK Ltd our advertisers,
suppliers or licensors may be subject to additional restrictions. You agree not
to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or
circulate the content received through the Site to anyone, including but not
limited to others in the same company or organization without the express prior
written consent of InternicUK Ltd.
INTERNICUK LTD AND
OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE INTERNICUK LTD AND RELATED
WEBSITES AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS OR IMPLIED. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE
FOREGOING, INTERNICUK LTD SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED
PROFITS OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR
SERVICES PROVIDED BY US, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION
ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR
TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF
WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF
AN ADEQUATE REMEDY.
YOU
ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR
PRODUCTS AND SERVICES ON THE INTERNICUK LTD AND RELATED WEBSITES AND THAT INTERNICUK
LTD MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO
TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO
YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS INTERNICUK LTD
MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR
SERVICES, NOR WILL INTERNICUK LTD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND
SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE
AGAINST INTERNICUK LTD WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
INTERNICUK LTD AND
INTERSERVERS TECHNOLOGY INC. REGISTRATION AGREEMENT
This Registration Agreement ("Agreement") sets forth the terms and
conditions of your use of InternicUK Ltd. and Interservers Technology Inc.
(collectively “InternicUK Ltd”) domain name registration services to register
an Internet domain name, your registration of that domain name, as well as
other InternicUK Ltd domain name related services. In this Agreement "you"
and "your" refer to each customer and "we", "us"
and "our" refer to InternicUK Ltd.
This Agreement explains our obligations to you, and explains your
obligations to us for various InternicUK Ltd services. By selecting our
service(s) you have agreed to establish an account with us for such services.
When you use your account or permit someone else to use it to purchase or
otherwise acquire access to additional InternicUK Ltd service(s) or to cancel
your InternicUK Ltd service(s) (even if we were not notified of such
authorization), this Agreement covers such service or actions. By using the
service(s) provided by InternicUK Ltd under this Agreement, you acknowledge
that you have read and agree to be bound by all terms and conditions of this
Agreement, the accompanying dispute policy and any pertinent rules or policies
that are or may be published by InternicUK Ltd. .
This Agreement will become effective when accepted by InternicUK Ltd we may
elect to accept or reject your domain name registration application for any
reason at our sole discretion, such rejection including, but not limited to,
rejection due to a request for registration of a prohibited domain name.
1.
Our Services:
InternicUK Ltd is an accredited registrar with Nominet.uk and the Internet
Corporation for Assigned Names and Numbers ("ICANN") for Top Level
Domain Names (TLDs), currently .com, .net and .org. ICANN oversees
registrations and other aspects of the TLDs. As an accredited domain name
registrar, we are upon accepting your domain name registration application,
your sponsor for that application. All domain name registrations we register
for TLDs are not effective until we have delivered the domain name registration
information you provide us to the registry administrator for the TLDs, as
applicable, and the registry administrator puts into effect your domain name
registration. For a list of registry administrators and for more information on
TLDs, see http://www.icann.org/tlds/.
For all .uk domains you agree to be bound by any
conditions set forth by Nominet that may not be
included in this agreement, see http://www.nic.uk/nominet-terms.html.
You agree and acknowledge that InternicUK Ltd or Interservers Technology Inc.
is 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, or failure to receive, a domain name registration
or renewal. It is incumbent upon you to
check the whois records after registration or renewal
to ensure proper authorized ownership is listed.
You further agree to indemnify, defend and hold harmless applicable registry
administrator(s) and their 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 or renewal.
2. What We Do Not Do:
We cannot, and do not, check to see whether the domain name you select, or the
use you make of the domain name, infringes legal rights of others. We urge you
to investigate to see whether the domain name you select or its use infringes
legal rights of others, and in particular we suggest you seek advice of
competent legal counsel. You may wish to consider seeking one or more trademark
registrations in connection with your domain name. You should be aware that
there is the possibility we might be ordered by a court to cancel, modify, or
transfer your domain name. You should also be aware that if we are sued or
threatened with lawsuit in connection with your domain name, we will turn to you
to hold us harmless and to indemnify us.
YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO
ANY CLAIM(S).
3.
Fees:
As consideration for the domain name registration services and/or other
services provided by InternicUK Ltd to you, you agree to pay InternicUK Ltd
prior to the effectiveness of the desired domain name registration, the
applicable service(s) fees for the initial registration of the domain name and,
should you choose to renew the registration, subsequent renewals of the
registration. 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. Your requested domain name will not
be registered unless we receive actual payment of the registration fee, or
reasonable assurance of payment of the registration fee from some other entity
(such reasonable assurance as determined by InternicUK Ltd in our sole
discretion).
As further consideration for the InternicUK Ltd. and Interservers Technology
Inc. service(s), you agree to:
i.
provide certain current, complete and accurate information about
you as required by the registration process and
ii.
maintain and update this
information as needed to keep it current, complete and accurate.
All such information shall be referred to as
account information ("Account Information"). 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 the payments of the registration fee for your
domain name registration, you agree and acknowledge that the domain name
registration shall be transferred to InternicUK Ltd as the paying entity for
that registration to the registry. We will reinstate your domain name
registration solely at our discretion, and subject to our receipt of the
initial registration or renewal fee and our then-current reinstatement fee,
currently set at $200 USD. Charges for InternicUK
Ltd and Interservers Technology Inc. services may be identified on your credit
card statement as "Interservers Technology" or under a similar
moniker.
You acknowledge that it is your responsibility to keep your own records and to
maintain your own reminders regarding when your registration is 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 information when renewal fees are due to
avoid expiration. Should these fees go unpaid, your registration will expire or
be cancelled. Payment must be made by credit card or such other method as we
may indicate in the registration application or renewal form. If the "auto
renew" feature is selected with respect to your registration, we may
attempt to renew your registration a reasonable time before the expiration of
your registration, 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.
4. Disclaimer, Disputes, and the Domain Name
Dispute Policy:
If you request, reserve or register a domain name through us, or transfer a
domain name to us from another registrar, you agree to be bound by the current InternicUK
Ltd. Disclaimer published on our Site
("Disclaimer") and our current Domain Name Dispute Policy
("Dispute Policy"), which are incorporated herein and made a part of
this Agreement by reference. Certain disputes, as specified in the Dispute
Policy, are subject to that Policy. 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 InternicUK Ltd harmless pursuant to the terms and conditions
contained in the Dispute Policy. You also understand that it is important for
you to regularly monitor (at least several times per week) email sent to the
email address associated with the "registrant" in your Account
Information because, among other reasons, if a dispute arises regarding a
domain name in your account, you may loose your rights to the domain name if
you do not respond expeditiously to an email sent in conjunction therewith.
5.
Transfer to another Registrar:
You agree that you may not transfer your domain name registration to another
domain name registrar during the first sixty (60) days from the effective date
of your initial domain name registration with InternicUK Ltd or after the
expiration, but before the deletion, of your domain name. Your request to transfer
to another registrar may be denied in situations which include, but are not
limited to, a dispute over the identity of the domain name holder, bankruptcy,
and failure to pay fees when due. You
agree to provide proof of identity as procedures may indicate which may include
photo ID.
You acknowledge that you assume all risk for a failure of a transfer process if
the transfer process is initiated close to the end of a registration term.
To prevent transfers not initiated by you, you agree that we may place a
Registrar Lock ("lock") on your domain name. In some cases you may
have the ability to prevent a transfer to another registrar by placing a lock
on your domain name. By maintaining the locked status on your domain name, you
are providing express objection to any and all transfer requests issued from
another registrar. Should you choose to transfer to another registrar, you must
log into your account and remove the lock prior to our receipt of the transfer
request from the gaining registrar. You also
agree to pay any fees set by us to transfer the domain and abide by our
authentication requirements of ownership.
6.
Modifications to InternicUK Ltd. and Interservers Technology Inc. Registration Agreement and Dispute Policy:
You agree, during the period of this Agreement, that we, in our sole
discretion, may:
i.
revise the terms and conditions of this Agreement and the
Dispute Policy; and
ii.
change the services provided under this
Agreement.
Any
such revision or change will be binding and effective when the revised
Agreement or change to the service(s) is posted on InternicUK Ltd web site, or
immediately on notification to you by e-mail or postal mail. You agree to
review InternicUK Ltd web site, including the Agreement, periodically to be
aware of any such revisions. You agree that, by continuing to use InternicUK
Ltd services or your continued use of a domain name registered to you through
our services shall constitute your acceptance of this Agreement and the Dispute
Policy with the new modifications. You acknowledge that if you do not agree to
any such changes, that you may request, that your domain name registration be
cancelled or transferred to a different domain name registrar. You agree that
such cancellation or request for transfer will be your exclusive remedy if you
do not wish to abide by any changes to this Agreement or the Dispute Policy.
7. Account Information and Its Use:
i.
Information You Are Required to Submit. As part of the
registration process, you are required to provide certain information and to
update this information promptly as needed to keep it current, complete and
accurate. The information you are obligated to provide in connection with the
domain name you are registering is the following:
A.
The domain name being registered;
B.
Your (or the domain name holder's) name, postal address, e-mail
address, voice telephone number, and where available, fax number; and
C.
The name, postal address, e-mail address, voice telephone
number, and where available, fax number of all contacts for the domain name;
and
D.
Valid payment information.
ii.
You agree and acknowledge that when you renew your domain name
registration, the type of information you are required to provide may have
changed. If you do not wish to provide the new required information, your
registration may not be renewed.
iii.
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 products and services made available to domain
name registrants by us, other than registration of the domain name.
iv.
Additional Information Maintained About Your Registration. In
addition to the information you provide, we maintain records relating to your
domain name registration. These records may include:
A.
The original creation date of the registration;
B.
The submission date and time of the registration application to
us and by us to the proper registry;
C.
Communications (electronic or paper form) constituting
registration orders, modifications, or terminations and related correspondence
between you and us;
D.
Records of account for your domain name registration, including
dates and amounts of all payments and refunds;
E.
The IP addresses of the primary name server and any secondary
name servers for the domain name;
F.
The corresponding names of those name servers;
G.
The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the technical contact for the domain
name;
H.
The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the zone contact for the domain name;
I.
The expiration and renewal date of the registration;
J.
Information and copies in electronic or paper form regarding all
other activity between you and us and third parties relating to your domain
name registration and related services.
v.
Your Obligations Relating
to the Account Information. In the event that, in registering the domain name, you
are providing information about or on behalf of a third party, you hereby
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 that third party's
express consent to the disclosure and use of that party's information as set
forth in this Agreement.
By
registering a name or applying for services you also represent that the
statements in its application are true and you also represent that the Domain
Name is not being registered for any unlawful purpose.
You acknowledge that willfully providing inaccurate information or willfully
failing to update information promptly will constitute a material breach of
this Agreement and will be sufficient basis for cancellation of your domain
name registration. You further agree that your failure to respond for over ten
(10) calendar days to inquiries by InternicUK Ltd concerning the accuracy of
contact details associated with your registration shall constitute a material
breach of this Agreement and will be sufficient basis for cancellation of your
domain name registration.
As indicated above in paragraph (4) and elsewhere in this Agreement, you
understand that it is important for you to regularly monitor (at least several
times per week) email sent to the email address associated with the
"registrant" in your Account Information because, among other
reasons, if a dispute arises regarding a domain name in your account, you may
loose your rights to the domain name if you do not respond appropriately to an
email sent in conjunction therewith.
vi.
Privacy Policy: Disclosure and Use of Registration Information.
You agree and acknowledge that InternicUK Ltd will make available domain name
registration information you provide or that we otherwise maintain to ICANN, to
the registry administrator(s), and to other third parties as ICANN and
applicable laws may require or permit. You further agree and acknowledge that InternicUK
Ltd may make publicly available, or directly available to third party vendors,
some, or all, of the domain name registration information you provide, for
purposes of inspection (such as through our "whois" service) or for
targeted marketing and other purposes as required or permitted by ICANN and
applicable laws.
Additionally, you acknowledge that ICANN may establish guidelines, limits
and/or requirements that relate to the amount and type of information that InternicUK
Ltd may or must make available to the public or to private entities, and the
manner in which such information is made available.
You hereby consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or use of, information provided by you in
connection with the registration of a domain name (including any updates to
such information), 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 by InternicUK Ltd.
You may access your domain name registration information in our possession to
review, modify or update such information, by accessing your account at our web
site (www.internic.co.uk), or via a similar service. In order to change any of
your account information with us, you must use your Account Login Identifier
and Password that you selected when you opened 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
information. InternicUK Ltd will take reasonable precautions to protect the
information it obtains from you from loss, misuse, unauthorized access or
disclosure, alteration or destruction of that information; you agree that, if InternicUK
Ltd takes reasonable precautions in relation thereto, that in no event shall InternicUK
Ltd be liable if such reasonable precautions do not prevent the unauthorized
use or misuse of your Account Identifier or Password and that, even if InternicUK
Ltd fails to take reasonable precautions, that InternicUK Ltd liability under
any circumstances shall be limited by the limitation of liability found in
paragraph 13 of this Agreement.
8. Ownership of Information and Data:
You agree and acknowledge that InternicUK Ltd owns 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:
i.
the original creation date of the registration,
ii.
the expiration date of the registration,
iii.
the name, postal address, e-mail address, voice telephone
number, and where available fax number of all contacts for the domain name
registration,
iv.
any remarks concerning the registered domain name that appear or
should appear in the WHOIS or similar database, and
v.
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 name server and any secondary
name servers for the domain name, and the corresponding names of those name
servers. InternicUK Ltd does not have any ownership interest in your specific
personal registration information outside of its rights in our domain name
database.
9. 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,
including the Dispute Policy.
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.
10.
"Name Only" Services and Incomplete DNS Information:
You agree that if you purchase "Name Only" services or that if you
provide incomplete DNS information (the information described in paragraphs
7iv. and 7v.) in your Account Information, that InternicUK Ltd may direct the
domain name to an IP address designated by InternicUK Ltd, including, without
limitation, to an IP address which hosts a parking page or a commercial search
engine.
11.
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 InternicUK
Ltd may direct the domain name to an IP address designated by InternicUK Ltd,
including, without limitation, to an IP address which hosts a parking page or a
commercial search engine and you acknowledge that InternicUK Ltd may place InternicUK
Ltd contact information in the WHOIS output for 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 InternicUK Ltd for any reason and in its
sole discretion, may choose not to participate in a post-expiration renewal process
and that InternicUK Ltd shall not be liable therefore. You acknowledge that
post-expiration renewal processes involve additional fees which InternicUK Ltd
may determine in its sole discretion. You acknowledge that, upon expiration of
the term of a domain name, that the applicable registry may make the domain
name available to be registered by any party at any time.
12.
Announcements:
We reserve the right to distribute information to you that is pertinent to the
quality or operation of our services and those of our service partners. 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.
13.
Limitation of Liability:
YOU AGREE THAT INTERNICUK LTD WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS
OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME
REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE
DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM ACTS
OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION; (7) EVENTS BEYOND INTERNICUK LTD CONTROL; (8) THE PROCESSING OF
THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR
MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE
DISPUTE POLICY. INTERNICUK LTD 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 INTERNICUK LTD HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INTERNICUK LTD MAXIMUM AGGREGATE
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN
NAME. INTERNICUK LTD’S LIABILITY IS THEREFOR LIMITED TO THE EXTENT PERMITTED BY
LAW.
14.
Indemnity:
You agree to release, indemnify, and hold all Registry Operators, InternicUK
Ltd, their contractors, agents, employees, officers, directors and affiliates
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 InternicUK Ltd. services provided hereunder, or your use of the InternicUK
Ltd services, including without limitation infringement by you, or someone else
using any InternicUK Ltd service with your computer, of any intellectual
property or other proprietary right of any person or entity, or from the
violation of any InternicUK Ltd operating rule or policy relating to the
service(s) provided. When InternicUK Ltd may be involved in a suit involving a
third party and which is related to our services to you under this Agreement, InternicUK
Ltd may seek written assurances from you in which you promise to indemnify and
hold InternicUK Ltd harmless from the costs and liabilities described in this
paragraph. Such written assurances may include, in InternicUK Ltd’s sole discretion, the posting of performance bonds or
other guarantees reasonably calculated to guarantee payment to InternicUK Ltd. Your failure to provide such assurances may
be considered by us to be a breach of this Agreement by you and may, in InternicUK Ltd’s 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 InternicUK Ltd
is the registrar of record. This indemnification is in addition to any
indemnification required under the Dispute Policy.
15. Representations and Warranties:
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE
REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR
INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER
REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH
YOUR DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME REGISTRATION SERVICES
ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT REGARDING OUR
ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR IN THE INTRODUCTORY
PARAGRAPH OF THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS
DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITHOUT ANY LIMITATION TO
THE FOREGOING, INTERNICUK LTD MAKES 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
INTERNICUK LTD'S 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. INTERNICUK LTD MAKES NO WARRANTY REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTERNICUK LTD OR THROUGH THE
E-MAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
16.
Breach and Revocation:
InternicUK Ltd reserves the right to suspend, cancel, transfer or modify your
domain name registration or suspend, cancel or modify other services we provide
in the event
i.
you breach this Agreement (including the Dispute Policy) and you
do not cure such breach within thirty (10) days of notice by InternicUK Ltd,
ii.
you use the domain name registered to you to send unsolicited
commercial advertisements in contradiction to either applicable laws or
customary acceptable usage policies of the Internet,
iii.
you use your domain name in connection with unlawful activity,
or
iv.
grounds arise for such suspension,
cancellation, transfer or other modification as provided for in this Agreement.
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 (including InternicUK Ltd) or registry administrator procedures
approved by an ICANN-adopted policy,
A.
to correct mistakes by InternicUK Ltd, another registrar or the
registry administrator in administering the name or
B.
for the resolution of disputes concerning
the domain name.
You
also agree that InternicUK Ltd shall have the right in its sole discretion to
suspend, cancel, transfer or otherwise modify a domain name registration upon
seven (7) calendar days prior written notice (written notice including notice
via email), or at such time as InternicUK Ltd receives a properly authenticated
order from a court of competent jurisdiction, or arbitration award, requiring
the suspension, cancellation transfer or modification of the domain name
registration.
17. Right Of Refusal:
Your ordering of a domain name is an application pending final approval by Nominet and may be refused at any time for any reason for
which you will receive a full refund. We,
in our sole discretion, reserve the right to refuse to register or reserve your
chosen domain name or register you for other InternicUK Ltd service(s), or to
delete your domain name within thirty (30) calendar days from receipt of your
payment for such services. In the event we do not register or reserve your
domain name or register you for other InternicUK Ltd service(s), or we delete
your domain name or other InternicUK Ltd service(s) within such thirty (30) calendar day period, we agree to refund your applicable
fee(s). You agree that we shall not be liable to you for loss or damages that
may result from our refusal to register or reserve, or delete your domain name
or register you for other InternicUK Ltd service(s).
18.
Governing Law:
Except as otherwise set forth in the Dispute Policy with respect to disputes,
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 Commonwealth of Pennsylvania, Allegheny County, as if the Agreement was
a contract wholly entered into and wholly performed within the Commonwealth of
Pennsylvania for all matters pertaining to back end service providers or
Interservers Technology Inc. Except as otherwise set forth in the Dispute
Policy with respect to disputes, any action to enforce this Agreement or any
matter relating to your use of the InternicUK Ltd site shall be brought
exclusively in the United States District Court for the Western District of
Pennsylvania, or if there is no jurisdiction in such court, then in Court of
Common Pleas of Allegheny County. For domain names only, registered with a .uk extension, it is the right
of InternicUK. Ltd. and only InternicUK Ltd. to choose the
Courts of England.
19. Notices:
You agree that any notices required to be given under this Agreement by InternicUK
Ltd to you will be deemed to have been given if delivered in accordance with
the Account Information you have provided.
20.
Infancy:
You attest that you are of legal age to enter into this Agreement.
21. General:
This Agreement, InternicUK Ltd Disclaimer and the Dispute Policy, together with
all modifications, constitute the complete and exclusive agreement between you
and InternicUK Ltd, and supersede and govern all prior proposals, agreements,
or other communications. Nothing contained in this Policy shall be construed as
creating any agency, partnership, or other form of joint enterprise between the
parties. The failure of InternicUK Ltd 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 InternicUK Ltd 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 Policy 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 Policy unenforceable or
invalid as a whole. InternicUK Ltd will amend or replace such provision with
one that is valid and enforceable and which achieves, to the extent possible,
the original objectives and intent of InternicUK Ltd as reflected in the
original provision. This Agreement, InternicUK Ltd's
Disclaimer and the Dispute Policy may not be amended or modified by you except
by means of a written document signed by both you and an authorized
representative of InternicUK Ltd.
Dispute Resolution Policy
1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative
Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy Modifications.
We reserve the right to modify this Policy at any time with the permission of ICANN. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
InternicUK Ltd
Privacy Policy
InternicUK Ltd and
Interservers Technology Inc. (collectively “InternicUK Ltd”) knows that you
care how information about you is used and shared, and we appreciate your trust
that we will do so carefully and sensibly. This notice describes our privacy
policy. By visiting any of the sites offered by InternicUK Ltd, you are
accepting the practices described in this Privacy Notice.
- What Personal
Information About Customers Does InternicUK Ltd Gather?
- What About Cookies?
- Does InternicUK Ltd
Share the Information It Receives?
Yes, we do share
information but only as described below. Otherwise we will not provide your
personal information without your consent.
- How Secure Is
Information About Me?
- What Information
Can I Access?
- Links
- Children
InternicUK Ltd policy on Transfer of Sponsorship of Registration
Between Registrars
You
agree that only the current domain name registrant or their authorized
representative is able to make a valid request to change the registration agent
associated with a domain name. Please be
aware that InternicUK Ltd and Interservers Technology, Inc. (collectively “InternicUK
Ltd”) will only accept the authority of the listed Registrant, their
solicitors, accountants, or a notary acting on their behalf. ISPs and website managers etc are not
authorized to act on behalf of Registrants with regards to .uk domain name Tag
changes.
Upon
request you agree to provide us with:
1. The
domain name(s) you wish to transfer.
2. The
name and TAG of the registration agent you wish to move your domain name(s) to.
3. On company letterhead, name, copy of photo ID of Registrant,
postal address, email address
and a valid phone number.
Upon
submission of information by fax, you declare that the information given in the
fax is true and correct and that any amendments to the domain name(s) requested
on the fax are not requested in breach of trust and/or will not infringe any
third party rights. You agree to pay InternicUK Ltd any and all reasonable
costs, claims and expenses arising out of any claim resulting from your breach
of these declarations. Without prejudice
to the above, you agree that InternicUK Ltd may reverse the transaction
requested in this fax, if it comes to InternicUK Ltd's
attention that the information which you have given is inaccurate.
For each instance
where a Registered Name holder wants to change its Registrar for an existing
domain name (i.e., a domain name that appears in a particular top-level domain
zone file), InternicUK Ltd requires:
1. Express authorization
to initiate the transfer process from an individual who has the apparent
authority to legally bind the Registered Name holder (as reflected in the
database of losing Registrar).
2. In instances when the
Registrar of record is being changed simultaneously with a transfer of a domain
name from one party to another, InternicUK Ltd also requires submission of
appropriate authorization for the transfer. Such authorization shall include,
but not be limited to, one of the following:
a. A bilateral agreement
between the parties.
b. The final
determination of a binding dispute resolution body.
c. A court order.
3. Instances when the
requested change of sponsoring Registrar may be denied include, but are not
limited to:
a. Situations described
in the Domain Name Dispute Resolution Policy.
b. A pending bankruptcy
of the Registered Name holder.
c. Dispute over the
identity of the Registered Name holder.
d. Request to transfer
sponsorship occurs within the first 60 days after the initial registration with
the Registrar.
4. You agree to pay a
transfer fee when required prior to approval of transfer.
Hosting
Agreement
I. Hosting Gerneral
By using the website hosting services
(hereinafter the "Services," defined further below), you signify your
agreement to the terms and conditions contained in this Website Hosting
Agreement (hereinafter, the "Agreement"). This Agreement is between
you, your organization (if you are entering into this Agreement on behalf of an
organization), collectively referred to herein as "you" or
"your" (and appropriate formatives), the website hosting service
provider offering these services to you, if any, (the "Primary Service
Provider") and the backend service provider Interservers Technology Inc.
(the "Backend Service Provider").
1. These terms and
conditions may be modified from time to time. You agree that you will check the
terms and conditions periodically and that, if you no longer agree to the terms
and conditions of this Agreement, that you will stop using the Services and
that you will terminate the Services as described below in paragraph 4.
2. The Services consist
of the website hosting package with the specific configuration which you
selected or are going to select through the Services Interface as you use the
Services. You acknowledge and understand that important service limitations
(including bandwidth limitations and other capacity matrices), pricing
(including pricing for optional Services, such as automatic capacity upgrade in
the event of overage), the term of the Service, payment terms, and other
conditions relating to the Services are conveyed through the Services Interface
and are hereby incorporated into this Agreement.
3. You are hereby
informed that, if you use a credit card to pay for the Services, that the
charge for the Services may appear under a name other than the name of the
Primary Service Provider and that, prior to contacting your credit card company
in relation to such charges, that you will first contact the Primary Service
Provider to verify the charges and the manner of billing. You agree that any
chargeback of a charge related to the Services, for whatever reason, is a
material breach of this Agreement and is grounds for termination.
4. You agree that the
Services shall be provided for the term you selected through the Services Interface.
Unless you terminate the Services THROUGH THE SERVICES INTERFACE prior to the
end of the then extant Services term, you agree that the Services may be
renewed for another term of equal duration to the immediately preceding term
and that the resulting fees shall be charged to the credit card associated with
your account. You agree to hereby waive any requirement which might otherwise
be imposed by law which would require that either the Primary Service Provider
or the Backend Service Provider obtain your affirmative consent for on-going
billings and that your continuing consent to be billed for such renewal(s) may
be presumed until such time as you terminate the Services through the Services
Interface. You agree that attempts to terminate the Services other than through
the Services Interface (such as by sending an email to a general email address
of either the Primary Service Provider or the Backend Service Provider) are not
reliable means of communication and that such a termination attempt shall not
binding until accepted and acknowledged by either the Primary Service Provider
or the Backend Service Provider. In relation to renewals, you further agree
that it is your obligation to keep the credit card information associated with
your account current and that neither the Primary Service Provider nor the
Backend Service Provider shall be obligated to contact you to update such
information in the event that the charges are denied.
5. You agree that you
may not downgrade (reduce) the bandwidth or other capacity matrices of the
Services below the level of actual use of the Services, which you experienced
in the current or previous month.
6. Your use of the
Services may be suspended and/or this Agreement may be terminated if either the
Primary Service Provider or the Backend Service Provider determines that you
are or are alleged to be violating the terms and conditions of this Agreement
or any other agreement entered into by you and either the Primary Service
Provider or the Backend Service Provider. In the event of termination or
suspension of Services under such circumstances, you agree a) that no pre-paid
fees will be refunded to you and b) that either the Primary Service Provider or
the Backend Service Provider may take control of any domain name associated with
the terminated Services, provided such domain name was registered through the
domain name registration services of either the Primary Service Provider or the
Backend Service Provider. You understand that taking control of a domain name
includes, without limitation, acts such as listing such controlling party as
the "registrant" and/or "administrative contact" for the
domain name and controlling the DNS settings for the domain name.
7. Either the Primary
Service Provider or the Backend Service Provider may elect to terminate this
Agreement without cause and discontinue the Services. You further agree that,
within 30 days of your initial enrolment to receive the Services, either the
Primary Service Provider or the Backend Service Provider may elect to terminate
this Agreement without cause and that, in such event,
the termination shall take effect immediately.
8. The Services are
provided through an infrastructure, which is shared by all users of the
Services. Your use of the Services may be throttled or suspended indefinitely
if your use of the Services degrades the ability of either the Primary Service
Provider or the Backend Service Provider to provide the Services to other users
of the Services.
9. You acknowledge that
email and/or online communication systems (chat, account notices, etc.) will be
the primary means of communication between yourself and the Primary Service
Provider and/or the Backend Service Provider. You acknowledge that it is your
responsibility to maintain a current email address and physical mailing address
in your contact information. You further agree that you will regularly login to
your account to obtain any notices posted through the Services Interface. You
agree that your failure to respond to a communication from either the Primary
Service Provider or the Backend Service Provider may result in suspension or
cancellation of Services without any refund of pre-paid fees, if any.
10. You acknowledge that
neither the Primary Service Provider nor Backend Service Provider are obligated to return any data to you upon termination of
this Agreement. You acknowledge that it is your responsibility to download,
make copies of, and/or backup all data residing on the servers and other
equipment which provide the Services and to do so within the bandwidth limitations
of the Services. You acknowledge that any loss or corruption of data which
occurs due to an interruption in the Services, regardless of the cause of the
interruption, shall not be the responsibility of the Primary Service Provider
or Backend Service Provider and that you may, following an interruption in the
Services, be required to upload the data to the servers and other equipment
which provide the Services.
11. You agree that any
personally identifying information provided by you shall be used by the Primary
Service Provider according to the privacy policy of the Primary Service
Provider. You agree that personal
information provided is accurate and authentic including information on resold
accounts.
12. You represent and
warrant as follows: that a) you are lawfully entitled to use, display, posses,
or access the data uploaded, linked to, framed, or otherwise posted on your
website by you and/or by the users of your website; b) that your website and
your use of the Services will not infringe the intellectual property rights of
any third party; c) that your website and your use of the Services will not
violate any laws, including, without limitation, laws relating to unsolicited
commercial email, child pornography, collection of identifying information,
consumer protection, and privacy; d) that neither you nor those who access your
website will upload any worms, virus, or malicious code to the servers which
provide the Services; and e) that your website and your use of the Services
will not subject either the Primary Service Provider or Backend Service
Provider to any claims by any third party, including claims relating to
infringement of intellectual property rights or claims relating to the products
or services which you may provide or offer through the website hosted through
the Services. This applies to resellers
and your resold accounts.
13. You further represent
and warrant that you will not allow any unauthorized third party to access the
account, which you use to access the Services.
14. EXCLUSIVE REMEDIES
FOR UNPLANNED SERVICE INTERRUPTIONS: You agree that any unplanned or
unannounced interruptions in the Services shall not require a remedy unless
such unplanned or unannounced interruptions exceed 72 hours in any 30 day
period, in which case you agree that the exclusive remedy shall be a credit
toward 24 hours of hosting for each 24 hour period of unplanned or unannounced
interruptions, and that such credit shall exclusively be applied against the
fees owed for your next period of hosting, if any, or shall be exclusively be
accomplished by adjusting the end of your then-current Service term. IN NO EVENT WILL FEES BE REFUNDED.
15. LIMITATION OF
LIABILITY: YOU AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND
SERVICE PROVIDER WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICES,
EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT;
(B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE
WEB SITE (S) PROVIDED THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY
RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE CONTROL OF THE PRIMARY
SERVICE PROVIDER OR BACKEND SERVICE PROVIDER; (G) THE PROCESSING OF YOUR
APPLICATION FOR THE SERVICES; OR (H) LOSS OR LIABILITY RESULTING FROM THE
UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER
AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER
WILL 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, REGARDLESS OF WHETHER
EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM
AGGREGATE LIABILITY OF EITHER THE PRIMARY SERVICE PROVIDER OR THE BACKEND
SERVICE PROVIDER EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A
ONE-MONTH PERIOD. THE LIABILITY OF THE PRIMARY SERVICE PROVIDER AND/OR BACKEND
SERVICE PROVIDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. INDEMNIFICATION: YOU
AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND
SERVICE PROVIDER, THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND
AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING
ATTORNEY'S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO YOUR USE OF
THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION,
INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY INTELLECTUAL
PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE
VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. WHEN EITHER THE PRIMARY
SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY BE INVOLVED IN A SUIT
INVOLVING A THIRD PARTY AND WHICH IS RELATED TO THE SERVICES UNDER THIS
AGREEMENT, EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER
MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD
SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS
PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS
OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED
A BREACH OF THIS AGREEMENT BY YOU.
17. You agree that the
Backend Service Provider shall not be liable for the actions, inactions,
negligence, or intentional misconduct of the Primary Service Provider. You
acknowledge and agree that neither the Primary Service Provider nor the Backend
Service Provider are agents for one another.
18. DISCLAIMER OF
WARRANTIES: NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER
MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE
SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT
LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE
PROVIDER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
19. GOVERNING LAW: this
Agreement, your rights and obligations and all actions contemplated by this
Agreement shall be governed by the laws of the
II. Spam / UCE Policy
You
agree that abuse of these services is considered a violation of our Terms of
Service/Acceptable Usage Policy ("Contract Agreement"). You agree not to spam or engage in the
sending of unsolicited email, from our servers, or use an email address that is
maintained on our servers to send unsolicited emails. You agree to pay fees as outlined under
“Fine/Penalties” of this section and not chargeback fines levied without our
authorization. You also agree that we may suspend or terminate your account or
any account under your supervision residing on our servers without warning for
the following violations or any activity we deem a danger to us or our
customers including any activity that may degrade our services or consume
resources that impede our services. If
we conclude that you have violated our Acceptable Usage Policy, we will report
you and the incident to the proper local, state, federal and international
authorities and will prosecute you to the full extent of the law.
The
following are examples of spam and are blatantly in violation of this
agreement.
Inappropriate
E-Mail Activities:
Commercial
e-mail: Defined as sending unsolicited commercial e-mails. You are not
permitted to use your Interservers account or e-mail alias/account of your
Virtual Server to send unsolicited commercial e-mail. Using an e-mail address
hosted anywhere on our servers to collect responses from unsolicited commercial
e-mail is also prohibited. This includes using a throwaway, free e-mail account
and redirectors for the same account.
Mail
Bombing: Defined as sending large volumes of unsolicited e-mail to individuals
from your account is strictly prohibited.
Harassment:
Defined as sending threatening or harassing e-mail is prohibited.
a. Governing Law; Venue;
Waiver Of Trial By Jury.
This Agreement shall be governed in all respects by the laws and judicial
decisions of
b. Notices.
All notices from Backend Service Provider to You will be sent to the email
address you provided to Backend Service Provider. Notices by email shall be
deemed effective 24 hours after the email is sent by Backend Service Provider,
unless Backend Service Provider receives notice that the email address is
invalid, in which event Backend Service Provider may give you notice via first
class or certified mail, return receipt requested. All notices from You to
Backend Service Provider shall be sent via certified mail, return receipt
requested or trackable courier.
Inappropriate
Newsgroup Activities:
Newsgroup
Spamming: Defined as excessive cross posting, or
posting the same article to several newsgroups is prohibited. Generally
accepted standards allow no more than 15 newsgroups, or cross-postings, for a
single article or substantially similar articles. Such articles may be
canceled. You are not allowed to use your account based mail facilities to SPAM
the newsgroups.
Fine/Penalties:
Should
you violate our SPAM Policies, you agree to pay a minimum $500.00
administrative fee and $125.00 per hour technical support for the time required
to "clean-up" your SPAM. This shall include but not be limited to the
time required to answer e-mail from angry recipients of your SPAM and/or other
actions of the angry recipients in retaliation of your SPAM and/or repair of a
damaged server due to "Mail Bombing".
Other fees may range from $1.00 to $10.00 per email as defined by
law. You will also be charged $50 per
gigabyte of data transfer that your SPAM incurred, including bandwidth used by
answers to or complaints about your SPAM.
You agree and permit us to take all necessary steps to recover these
costs and fees. Necessary steps include
legal action in a court of law, and/or recovery through a collection
agency. Please note that it is now
considered a crime to send UCE (unsolicited
commercial e-mail) as it falls into the category of "junk
faxes." We will turn over all names
and personal information to the proper local, state, federal, and international
officials of any person who violates this policy.
You
agree to compensate our customers and allow us to pursue legal remedies for our
customers’ lost revenue resulting from blacklisting or other activities that
interfere or disrupt their services.
You
agree to hold us harmless from activities of our customers and compensation for
losses will be kept to the limits defined under LIMITATION OF LIABILITY.
Resellers:
As a reseller you agree to incorporate our
policies into your contract with your customers. You agree to pay fees under section
“Fine/Penalties“ for violations as described
throughout this contract for any account under your supervision. You agree that all agreements in this
contract apply to your resold accounts as if they were your own. You agree to be billed for violations as
described, unless you cooperate by providing us with information necessary to
identify and authenticate your customer so we may bill and seek recovery from
them directly. For example, if your abusive customer is aware of our fees, and you provide
us with sufficient information to locate, contact and authenticate your
customer we may decide to release you from the above fee obligations. Only with your cooperation can we reduce
abuse!
ID Protection
Service Agreement
PLEASE READ THIS ID PROTECT SERVICE AGREEMENT
("AGREEMENT") CAREFULLY. BY USING THE ID PROTECT SERVICES ("IDP
SERVICES"), YOU AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT
AND IN THE PRIVACY POLICY POSTED AT THE WEBSITE WHERE YOU OBTAINED THE IDP
SERVICES. YOU AGREE THAT THE "SERVICE PROVIDERS" (DEFINED BELOW) MAY
AMEND THIS AGREEMENT AND THE PRIVACY POLICY AT ANY TIME BY POSTING THE AMENDED
AGREEMENT ON THE WEBSITE WHERE YOU OBTAINED THE IDP SERVICES AND THAT ANY NEW,
DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE IDP SERVICES WILL
AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE
BOUND BY, OR IF YOU OBJECT TO, THE TERMS AND CONDITIONS OF THIS AGREEMENT AND
ANY SUBSEQUENT AMENDMENTS HERETO, DO NOT USE OR ACCESS THE IDP SERVICES.
CONTINUED USE OF THE IDP SERVICES AFTER CHANGES TO THIS AGREEMENT HAVE BEEN
POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
This Agreement is by and between Whois Privacy Protection, Inc., a Nevada
corporation ("Backend Service Provider"), the party, if any, other
than the Backend Service Provider who makes the IDP Services available to you
("Primary Service Provider;" Backend Service Provider and Primary
Service Provider, if any, being together referred to herein as the
"Service Providers"), your heirs, executors, administrators, agents,
successors and assigns ("You," "Your," and other
appropriate formatives). This Agreement sets forth the terms and conditions of
your relationship with the Service Providers and Your use of the IDP Services.
You acknowledge that You have read, understand and agree to be bound by all the
terms and conditions of this Agreement, and You further agree to be bound by
the terms of this Agreement for transactions entered into by: (i) You on Your
behalf; (ii) anyone acting as Your agent; (iii) anyone who uses the account You
establish to obtain the IDP Services, whether or not the transactions were on
Your behalf and/or authorized by You. You agree that you will be bound by
representations made by third parties you use to obtain the IDP Services. You
further agree to abide by the terms and conditions promulgated by the Internet
Corporation for Assigned Names and Numbers ("ICANN"), including the
Uniform Domain Name Dispute Resolution Policy ("Dispute Resolution
Policy," http://www.icann.org/dndr/udrp/policy.htm) any policy which ICANN
may establish with respect to WHOIS information, and the terms and conditions
of Your domain name registration with Your registrar (the ICANN-accredited
person or entity through which You register a domain name). This Agreement is
in addition to domain name registration agreement(s) entered into by you and a
registrar when you register or renew domain name registration(s).
1. DESCRIPTION OF THE
IDP SERVICES
When you subscribe to the IDP Services, each domain name registration which you
control and which you designate ("IDP Domains") will thereafter be
registered in the name of the Backend Service Provider, as registrant. Your
name, postal address, email address, phone and fax numbers shall be kept
confidential, subject to Section 4 of this Agreement. The following information
(and not your personal information) will be made publicly available in the
"Whois" directory for each IDP Domain:
·
The Backend Service Provider's email address, postal address and
phone and facsimile number for the registrant, administrative, technical, and
billing contacts;
·
The primary and secondary domain name servers You designate for
the IDP Domain;
·
The IDP Domain's original date of registration and expiration
date;
·
The identity of your registrar and the status of the IDP Domain
with the registrar (such as, "active," "Registrar Lock,"
"client hold," etc.).
2. FULL BENEFITS OF
DOMAIN REGISTRATION RETAINED BY YOU
Although You will not be listed as the registrant, You will retain the full
benefits of domain name registration for each IDP Domain, including:
·
The right to sell, transfer or assign each IDP Domain;
·
The right to control the use of each IDP Domain, including
designating the primary and secondary domain name servers to which each IDP
Domain points;
·
The right to cancel each IDP Domain registration;
·
The right to cancel Your IDP Services so that You become listed
as the registrant;
·
The right to renew each IDP Domain upon its expiration, subject
to Your registrar's applicable rules and policies;
·
The right to resolve any and all monetary, creditor or other
claims that arise in connection with a legal or other dispute involving Your
IDP Domain's, subject to Section 4, which shall, in all events, supersede any
and all of Your rights as set forth in this Section 2.
3. YOUR NOTIFICATION OBLIGATIONS;
REPRESENTATIONS & WARRANTIES
a. Personal Information.
You agree that for each IDP Domain, You will provide and maintain as current
and accurate, the following information:
1. Your name, address,
email address, postal address, phone and fax numbers;
2. The name, address,
email address, postal address, phone and fax numbers for the IDP Domain's
administrative, technical, and billing contacts;
3. The primary and
secondary domain name servers to which each IDP Domain points;
4. The IDP Domain's
original date of registration and expiration date.
You agree to: (i) notify Your Service Provider within five (5) business days
when any of the preceding information changes; (ii) respond within five (5)
business days to any inquiries made by either Service Provider to determine the
validity of personal information provided by You; (iii) respond to mail, phone,
or email messages forwarded to you regarding correspondence Your Service
Provider has received that is either addressed to or involves Your IDP
Domain(s), as more fully set forth in Section 5(b) below. If You do not supply
primary and secondary domain name servers, You agree that Backend Service
Provider may point Your IDP Domain(s) to an IP address of Backend Service
Provider' choosing until such time as You supply primary and secondary domain
name servers.
b. Renewals.
If You have selected automatic renewal of the IDP Services through the account
which you use to manage Your IDP Services ("Your Account"), You agree
i) that the IDP Services shall be automatically renewed 30 days prior to the
end of Your IDP Services term, ii) that the Service Provider will attempt to
charge the credit card You have on file with the Service Provider at the then
current rates, and iii) You waive any requirement to obtain you ongoing affirmative
consent to any such automatic renewal. If you do not wish to automatically
renew the IDP Services, You agree that the exclusive method for communicating
this to the Service Provider shall be as follows: You shall log into Your
Account and ensure that the auto-renewal or renewal option is not selected. You
understand that you must do this at least 31 days prior to the end of the then
current IDP Service term. It is your responsibility to keep your credit card
information current and accurate, including the expiration date. If Service
Provider is unable to collect renewal fees, you agree that a Service Provider
may contact you, but is not obliged to do so, and you agree that Service
Provider may suspend or terminate the IDP Services as a result of inability to
obtain payment.
IMPORTANT TERMS REGARDING RELATIONSHIP OF TERM OF IDP SERVICES AND REGISTRATION
TERM OF AN ASSOCIATED IDP DOMAIN: You understand that your IDP Services term
begins on the date Your attempt to procure the IDP Services is accepted by the
Service Provider(s) and that it shall run for the unit of time which You order.
You understand that the IDP Services term may be different than the
registration term of the IDP Domain, which is associated with the IDP Services.
If an IDP Domain expires and is deleted before the end of the term of the
associated IDP Services, then the IDP Services associated with the domain will
end when the IDP Domain is deleted and you understand that there will be no
refund for any resulting unused portion of an IDP Services term. If the IDP
Services term ends while the registration term for an IDP Domain is still
ongoing, then the IDP Services will no longer be provided, the personal
information specified in Section 3.a. shall be listed in the WHOIS output for the
(then former) IDP Domain, and the communications forwarding services specified
in Section 5 will no longer be provided.
c. Representations &
Warranties.
You warrant that all information provided by you pursuant to this Agreement is
truthful, complete, current and accurate. You also warrant that You are using the IDP Services in good faith and that You
have no knowledge that Your IDP Domain infringes upon or conflicts with the
legal rights of any third party or any third party's trademark or trade name.
You also warrant that neither the IDP Services nor IDP Domain(s) will not be
used in connection with any illegal or morally objectionable activity (as
defined below in Section 4), or, in connection with the transmission of
unsolicited commercial email ("Spam").
4. SERVICE PROVIDER'S
RIGHTS TO DENY, SUSPEND, TERMINATE SERVICE AND TO DISCLOSE YOUR PERSONAL
INFORMATION
.
You understand and agree that Backend Service Provider has the
absolute right and power, in its sole discretion and without any liability to
You whatsoever, to: (i) close Your Account, terminate provisionment of the IDP
Services, and list the personal information you provided in Section 3.a. for
any associated IDP Domain; (ii) reveal Your name and personal information that
You provided to pursuant to this Agreement when required by law or when Backend
Service Provider has a good faith belief that such action is necessary to
conform to the law, or to comply with a legal process served upon Backend
Service Provider; (iii) resolve any and all third party claims, whether
threatened or made, arising out of Your use of IDP Domain; or (iv) take any
other action Backend Service Provider deems necessary in the event of any of
the following:
·
In the event you breach any provision of this Agreement or the
Backend Service Provider Anti-Spam Policy;
·
In the event you breach any provision of Your registrar's
Registration Agreement;
·
To protect the integrity and stability of the applicable domain
name registry;
·
To comply with any applicable laws, government rules or requirements,
subpoenas, court orders or requests of law enforcement;
·
To comply with ICANN's Dispute Resolution Policy or other
policies promulgated by ICANN;
·
To avoid any financial loss or legal liability (civil or
criminal) on the part of Backend Service Provider, its parent companies,
subsidiaries, affiliates, shareholders, agents, officers, directors and
employees;
·
If the IDP Domain(s) is (are) alleged to violate or infringe a
third party's trademark, trade name or other legal rights;
·
If it comes to Backend Service Provider's attention that You are
alleged to be using the IDP Services for purposes of engaging in, participating
in, sponsoring or hiding Your involvement in, illegal or morally objectionable
activities, including but not limited to, activities which are designed,
intended to or otherwise: (i) appeal purely to the prurient interests of third
parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third
parties; (iii) violate state or federal laws of the United States and/or foreign
territories; (iv) involve hate crimes, terrorism and child pornography; (v) are
tortuous, vulgar, obscene, invasive of a third party's privacy, racially,
ethnically, or otherwise objectionable; (vi) impersonate the identity of a
third party; (vii) harm minors in any way; or (viii) relate to or transmit
viruses, Trojan Horses, access codes, backdoors, worms, time bombs or any other
code, routine, mechanism, device or item that corrupts, damages, impairs,
interferes with, intercepts or misappropriates any software, hardware,
firmware, network, system, data or personally identifiable information.
a. You also acknowledge
and agree that Backend Service Provider may, in its sole discretion and without
any liability to You whatsoever: (i) cancel the IDP
Services during the first thirty (30) days after You procured the IDP Services;
(ii) suspend Your rights under Section 2 of this Agreement during resolution of
a dispute or investigation of allegations.
b. You further
understand and agree that if Backend Service Provider is named as a defendant
in, or investigated in anticipation of, any legal or administrative proceeding
arising out of your use of the IDP Services or an IDP Domain, then your
personal information listed in Section 3.a. will be revealed in the Whois output
for any associated IDP Domain(s).
c. In the event (i)
Backend Service Provider takes any of the actions set forth in paragraphs (a),
(b) or (c) above or (ii) You elect to cancel or not renew the IDP Services for
any reason, neither Service Provider will refund any fees paid by You
whatsoever for the IDP Services.
5. COMMUNICATIONS
FORWARDING
.
Correspondence Forwarding.
Inasmuch as Backend Service Provider's name, postal address and phone number
will be listed in the Whois directory, You agree that Backend Service Provider
will review and forward communications addressed to your domain name that are
received via email, certified or traceable courier mail (such as UPS, FedEx, or
DHL), or first class U.S. postal mail which meets the conditions defined in
section 5.c. below. You specifically acknowledge that Backend Service Provider
may elect to not forward to You first class postal mail which does not meet the
conditions of Section 5.c., "junk" mail or other unsolicited
communications (whether delivered through fax, postal mail or telephone), and
You further authorize Backend Service Provider to either discard all such
communications or return all such communications to sender unopened. You agree
to waive any and all claims arising from your failure to receive communications
directed to your domain name but not forwarded to you by Backend Service
Provider.
a. Email Forwarding.
The Whois directory requires an email address for every purchased domain name
registration. When you purchase IDP Services, Backend Service Provider creates
a private email address for that domain. Thereafter, when messages are sent to
your private email address, Backend Service Provider forwards them accordingly
to the email address you list in Section 3.a.
b. Notifications
Regarding Correspondence and Your Obligation to Respond.
Provider receives certified or traceable courier mail or legal notices
addressed to your domain name, Backend Service Provider will send an email to
the email address you provide to Backend Service Provider for such communication.
Our email message will identify the sender of the correspondence and the date
we received it. You will have seventy-two (72) hours to decide whether to
reject the correspondence or have it forwarded. Method of forward will be
determined by Backend Service Provider. You are eligible to receive up to 5
forwarded parcels per month as part of Your Backend Service Provider
subscription. We reserve the right to begin charging You fees associated with
shipping and handling or to change the method by which correspondence is
forwarded to You in the future without written notice. If forwarding
correspondence becomes a fee based service you will have the option to refuse
forwarding before you are billed. Should you decline the billing we reserve the
right to cancel Your IDP Services immediately.
In the event You do not respond to an email message
sent to You per this Section 5.c., Backend Service Provider may immediately
reveal the information You provided pursuant to Section 3.a. and/or cancel the
IDP Services regarding either the IDP Domain in question or with respect to all
of Your IDP Domains, depending on the circumstances. This means the Whois
directory will revert to displaying your name, postal address, email address
and phone number. We take this action because Backend Service Provider will not
become involved in any legal or other matters between you and third parties.
c. Forwarding Fees.
In consideration for (i) handling and forwarding certified and traceable
courier mail and certain first class correspondence, and (ii) responding to and
dealing with complaining third parties, You agree to pay Backend Service
Provider at the time such services are provided. Backend Service Provider may
change its forwarding fees at any time. Unless otherwise stated, all fees are
posted (and payable by You) in U.S. Dollars. You are
responsible for paying all fees and taxes associated with using Backend Service
Provider's forwarding services. Payment shall be made by you providing a valid
credit card for charge by Backend Service Provider, and is non-refundable. If
for any reason Backend Service Provider is unable to charge Your credit card
with the full amount of the service provided, or if Backend Service Provider is
charged back for any fee it previously charged to the credit card You provided,
You agree that Backend Service Provider may, without notice to You, pursue all
available remedies in order to obtain payment, including but not limited to,
sale of the domain name registration to a third party, and immediate cancellation
of Your account and all services Backend Service Provider provides to You.
d. Additional
Administrative Fees.
Backend Service Provider reserves the right to charge a reasonable service fee
for administrative tasks outside the scope of its regular services. These
include, but are not limited to, customer service issues that cannot be handled
over email but require personal service, and disputes that require legal
services. You agree that Backend Service Provider will arrange for Your
Registrar to bill these charges to the credit card you have on file with the
Registrar. Administrative fees, once charged, will be non-refundable. It is
your responsibility to keep your credit card information current and accurate,
including the expiration date. Failure to do so could result in termination of
Backend Service Provider's services.
6. LIMITATION OF
LIABILITY
UNDER NO CIRCUMSTANCES SHALL EITHER THE PRIMARY OR BACKEND SERVICE PROVIDER BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL
DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME
REGISTRATION, THE IDP SERVICES, USE OR INABILITY TO USE THE PRIMARY OR BACKEND
SERVICE PROVIDER (S) WEB SITE (S) OR THE MATERIALS AND CONTENT OF THE WEB SITE
(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE (S) OR YOUR PROVISION OF ANY
PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD
PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER
BASIS, EVEN IF EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY
FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR
ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRIMARY
AND BACKEND SERVICE PROVIDERS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
You further understand and agree that the Primary and Backend Service Providers
disclaim any loss or liability resulting from: (i) the inadvertent disclosure
or theft of Your personal information; (ii) access delays or interruptions to
our web site or the web sites of our affiliated-registrars; (iii) data non-delivery
or misdelivery between You and the Service Providers; (iv) the failure for
whatever reason to renew the IDP Services; (v) the unauthorized use of Your
Account or any of the Service Provider's services; (vi) errors, omissions or
misstatements by either Service Provider; (vii) deletion of, failure to store,
failure to process or act upon email messages forwarded to either You or Your
IDP Domain; (viii) processing of updated information regarding Your Account;
(ix) any act or omission caused by You or Your agents (whether authorized by
You or not).
YOU AGREE THAT, IN ANY EVENT, THE PRIMARY AND BACKEND SERVICE PROVIDERS'
RESPECTIVE MAXIMUM LIABILITY TO YOU SHALL BE CAPPED BY THE LESSER OF THE AMOUNT
OF FEES PAID BY YOU TO EACH SERVICE PROVIDER IN THE PRECEDING YEAR WITH RESPECT
TO THE SERVICES WHICH GAVE RISE TO THE LIABILITY OR $100.00 PER IDP DOMAIN.
7. INDEMNITY
You agree to release, defend, indemnify and hold harmless the Primary and
Backend Service Providers, and their parent companies, subsidiaries,
affiliates, shareholders, agents, directors, officers and employees and Your
registrar, from and against any and all claims, demands, liabilities, losses,
damages or costs, including reasonable attorney's fees, arising out of or
related in any way to this Agreement, the IDP Services, the web sites of the
Service Providers, Your Account, Your use of Your IDP Domain, and/or disputes
arising in connection with the Dispute Resolution Policy
(http://www.icann.org/dndr/udrp/policy.htm).
8. BACKEND SERVICE PROVIDER
WARRANTY DISCLAIMER
THE BACKEND SERVICE PROVIDER, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES,
SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT,
THE SERVICES PROVIDED HEREUNDER, THE WEB SITES OF THE BACKEND SERVICE PROVIDER
OR ANY WEB SITES LINKED TO SUCH WEB SITES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL
BACKEND SERVICE PROVIDER SERVICES, AS WELL AS THE BACKEND SERVICE PROVIDER WEB
SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF BACKEND
SERVICE PROVIDER'S SERVICES AND ITS WEB SITE ARE ENTIRELY AT YOUR RISK. SOME
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT
THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
9. COPYRIGHT &
TRADEMARK
You understand and agree that all content and materials contained in this
Agreement, the Privacy Policy and the Backend Service Provider web site, are
protected by the various copyright, patent, trademark, service mark and trade
secret laws of the United States, as well as any other applicable proprietary
rights and laws, and that Backend Service Provider expressly reserves its
rights in and to all such content and materials. You further understand and
agree that you are prohibited from using, in any manner whatsoever, any of the
afore-described content and materials without the express written permission of
Backend Service Provider. No license or right under any copyright, patent,
trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
10. MISCELLANEOUS
PROVISIONS
c. Severability; Construction;
Entire Agreement.
You agree that if any part of this Agreement shall be held to be illegal,
unenforceable or invalid, in whole or in part, such provision shall be modified
to the minimum extent necessary to make it legal, enforceable and valid, and
the legality, enforceability and validity of the remaining provisions of this
Agreement shall not be affected or impaired. The headings herein will not be
considered a part of this Agreement. You agree that this Agreement, including
the policies it incorporates by reference, constitute the complete and only
Agreement between You and Backend Service Provider regarding the services
contemplated herein.
d. Governing Law; Venue;
Waiver Of Trial By Jury.
This Agreement shall be governed in all respects by the laws and judicial
decisions of
e. Term of Agreement;
Survival.
The term of this Agreement begins on the date Your attempt to procure the IDP
Services is accepted by the Service Provider(s) and that it shall run for the
unit of time which You ordered when You procured the IDP Services, unless
terminated or suspended sooner according to the terms of this Agreement. Sections
5 (Communications Forwarding), 7 (Limitation of Liability), 8 (Indemnity), 9
(Warranty Disclaimer) and 10 (Miscellaneous Provisions) shall survive any
termination or expiration of this Agreement.