|
! #1 HOST JAPAN, INC. Registration Agreement
This Registration Agreement ("Agreement") sets forth the
terms and conditions of your use of domain name registration and related
services ("Services").
In this Agreement "you" and "your" refer to
you and the registrant listed in the WHOIS contact information for the domain
name. "We", "us" and "our" refer to ! #1 HOST JAPAN, INC..
You obtain the Services either through a Primary Service
Provider with whom we have a wholesale relationship, or you obtain the Services
directly through us.
Your relationship with your Primary Service Provider may be
governed by additional terms, as you and your Primary Service Provider may
agree. "We," "us" and "our" does not include your
Primary Service Provider.
YOU AGREE TO THIS AGREEMENT: By using the Service(s), you agree
to all terms and conditions of this Agreement, the UDRP (defined below) and the
rules, policies, or agreements published in association with specific of the
Service(s) and/or which may be enforced by ICANN, the registries, and
governments.
PASSAGE OF TIME: This Agreement will change over time. If, as a
result of such a change, you no longer agree with the terms of this Agreement,
you agree that your exclusive remedy is to transfer your domain name
registration services to another registrar or request of us that we cancel your
domain name registration services. If you continue to use the Services
following a change in this Agreement and/or the Services, your continued use of
the Services indicates your consent to the changes. Any such revision or change
will be binding and effective within 30 days of when the revised Agreement or
change to the Service(s) is posted to the website of either the Primary or
Backend Service Providers, or 15 days after you view the revised Agreement or
15 days after notification is sent to the e-mail address provided in
association with your domain name registration. You agree to review this
Agreement periodically to make yourself aware of any such revisions.
YOUR ACCOUNT: You must create an account to use the Services.
Your account is typically going to be managed and/or provided by your Primary Service
Provider. You are responsible for maintaining and updating all login IDs,
passwords, and for all access to and use of your account by you or any third
party.
SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S): We
and your Primary Service Provider may reject your domain name registration
application or elect to discontinue providing Service(s) to you for any reason
within 30 days of a Service initiation or a Service renewal. Outside of this
period, we and your Primary Service Provider may terminate or suspend the
Service(s) at any time for cause, which, without limitation, includes
registration of prohibited domain name(s), abuse of the Services, payment
irregularities, serious allegations of illegal conduct, or if your use of the
Services involves us in a violation of any Internet Service Provider's
("ISP's") acceptable use policies, including the transmission of
unsolicited bulk email. You agree that if we terminate or suspend the Services
provided to you under this Agreement, that we may then, at our option, make
either ourselves or a third party the beneficiary of Services which are
substantially similar to those which were previously providing to you and that
any reference in this Agreement to termination or suspension of the Services to
you includes this option. If we have grounds to terminate or suspend Service(s)
with respect to one domain name or in relation to other Service(s) provided
through your account, we may terminate or suspend all Service(s) provided
through your account, including Service(s) to other domain names. No fee refund
will be made when there is a suspension or termination of Service(s) for cause.
At any time and for any reason, we may terminate the Services 30 days after we
send notice of termination via mail or email, at our option, to the WHOIS
contact information provided in association with your domain name registration.
Following notice of termination other than for cause, you must transfer your
domain name or risk that we may delete your domain name or suspend or modify
Services to it. If we terminate Services for a reason other than cause, we will
attempt to refund your fees. You further acknowledge and agree that your
registration of a domain name is subject to suspension, cancellation or
transfer by any ICANN procedure, by any registrar or registry administrator
procedures approved by an ICANN-adopted policy, to correct mistakes by us,
another registrar or the registry administrator in administering the domain
name or for the resolution of disputes concerning the domain name.
OUR
SERVICES: ! #1 HOST JAPAN, INC. is an accredited registrar with the Internet Corporation for
Assigned Names and Numbers ("ICANN") for Top Level Domain Names
("TLDs") (such as .com, .net, .org, .de, co.uk, etc.). ICANN oversees
registrations and other aspects of the TLDs. Domain name registrations are not
effective until the registry administrator puts them into effect. For a list of
registry administrators and for more information on TLDs, see HYPERLINK http://www.icann.org/tlds/.
Domain name registrations are only for limited terms, terms which end on the
expiration date. For domain names which are created as a new registration out
of the available namespace, the term begins on the date the domain name
registration is acknowledged by the applicable registry; for domain names
registrations which were not returned to the available namespace, the term
begins on the date the previous registrant's domain name registration was
acknowledged by the applicable registry. You agree that we and your Primary
Service Provider are not liable or responsible in any way for any errors,
omissions or any other actions by the registry administrator arising out of or
related to a request to register, renew, modify the settings for, or transfer
of a domain name registration (our limitation of liability is explained
further, below). You further agree that domain name registration is a service,
that domain name registrations do not exist independently from services
provided pursuant to this or a similar registration agreement with a registrar,
and that domain name registration services do not create a property interest.
YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY
CLAIM(S). You further agree to indemnify, defend and hold harmless us, your
Primary Service Provider, and applicable registry administrator(s) (including
Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and
other registry operators listed at http://www.icann.org/registries/listing.html)
and all such parties' directors, officers, employees, and agents from and
against any and all claims, damages, liabilities, costs, and expenses
(including any direct, indirect, incidental, special or consequential damages
and reasonable legal fees and expenses) arising out of, or related to, the
domain name registration services you are obtaining from us.
NOT INCLUDED IN THE SERVICES: Without limitation, the following are not
included in the Services: We cannot and do not check to see whether the domain
name(s) you select, or the use you make of the domain name(s), or other of the
Service(s), infringes legal rights of others. It is your responsibility to know
whether or not the domain name(s) you select or use infringes legal rights of
others. We might be ordered by a court to cancel, modify, or transfer your
domain name; it is your responsibility to list accurate contact information in
association with your account and to communicate with litigants, potential
litigants, and governmental authorities. It is not our responsibility to
forward court orders or other communications to you. We will comply with court
orders unless you contact us to contest the order.
IF LAWSUIT(S) ARE THREATENED: If we are sued or threatened with lawsuit in
connection with Service(s) provided to you, we may turn to you to indemnify us
and to hold us harmless from the claims and expenses (including attorney's fees
and court costs). Under such circumstances, you agree that you will, upon
demand, obtain a performance bond with a reputable bonding company or, if you
are unable to obtain a performance bond, that you will deposit money with us to
pay for our reasonably anticipated expenses in relation to the matter for the
coming year. Such deposit will be drawn down as expenses are incurred, with all
account notices sent to the WHOIS contact information provided in association
with your domain names and/or account. We shall not be obliged to extend you
any credit in relation to such expenses and we may terminate the Services for a
failure to make or renew such a deposit. We will return any unused deposit upon
the later of one year from deposit or the conclusion of the matter.
DISPUTE RESOLUTION POLICY: You agree to the Uniform Domain Name Dispute
Resolution Policy ("UDRP"), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm
and http://www.icann.org/dndr/udrp/policy.htm
. You agree that the UDRP may be changed by ICANN (or ICANN's successor) at any
time. You agree that, if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the provisions specified in
the Dispute Policy in effect at the time your domain name registration is
disputed by the third party. You also agree that, in the event a domain name
dispute arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions of the UDRP. You also understand that it
is important for you to regularly monitor email sent to the email address
associated with your account and domain names because, among other reasons, if
a dispute arises regarding Services provided to you, you may lose your rights
to receive the Services if you do not respond expeditiously to an email sent in
conjunction therewith.
FEES: As consideration for the Service(s), renewal of the Service(s), and, if
you select it, automatic renewal of the Service(s), you agree to pay, prior to
the effectiveness of the desired Service(s), the applicable Service(s) fees.
All fees are non-refundable, in whole or in part, even if your domain name registration
is suspended, cancelled or transferred prior to the end of your then current
registration term, unless this Agreement specifically provides for a refund. At
our option, we may require that you pay fees through a particular payment means
(such as by credit card or by wire transfer) or that you change from one
payment provider to another.
CREDIT CARD AND OTHER CHARGES: If you have an issue with credit card charges,
you should contact your Primary Service Provider (if any), first, and us,
secondarily, regarding the issue before you contact your credit card company to
request a charge back or reversal of the charges. In the event of a charge back
by a credit card company (or similar action by another payment provider allowed
by us) in connection with your payment of fees for any Service(s), you agree
that we and/or your Primary Service Provider may suspend access to any and all
accounts you have with us and/or your Primary Service Provider and that all
rights to and interest in and use of any domain name registration(s) services,
website hosting, and/or email services, including all data hosted on our
systems and/or on the systems of your Primary Service Provider shall be assumed
by us or your Primary Service Provider, as the case may be. We will reinstate
your rights to and control over these Services solely at our discretion, and
subject to our receipt of the unpaid fee(s) and our then-current reinstatement
fee, currently set at $200(US Dollars). Reinstatement of Service(s) by your
Primary Service Provider may be according to the terms, if any, between you and
your Primary Service Provider relating to reinstatement. Charges for the
Service(s) which use our credit card payment processor will be identified on
your credit card statement as "Domain Name Registration." We are not
responsible for how charges appear on your credit card statement when the
transaction is processed by your Primary Service Provider's or another third
party's credit card payment processor.
EXPIRATION AND RENEWAL OF SERVICE(S): You acknowledge that it is
your responsibility to keep your own records and to maintain your own reminders
regarding when your domain name registration or other Services are set to
expire. As a convenience to you, and not as a binding commitment, we and/or your
Primary Service Provider may notify you via an email message or via your
account when renewal fees are due. Should these fees go unpaid, your Services
will expire or be cancelled. Payment must be made by credit card or such other
method as we may allow or require from time to time. If you select automatic
renewal of the Service(s), we may attempt to renew the Service(s) a reasonable
time before expiration, provided your credit card or other billing information
is available and up to date. You acknowledge that it is your responsibility to
keep your billing information up to date and that we are not required to, but
that we may, contact you to update this information in the event that an
attempted transaction is not processed successfully. *Please note: for certain
TLDs, the automatic renewal option is not available
ACCOUNT
CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION: As further consideration
for the Service(s), you agree to provide certain current, complete and accurate
information about you, both with respect to your account information and with
respect to the WHOIS information for your domain name(s). You agree to maintain
and update this information as needed to keep it current, complete and
accurate. With respect to you, the administrative, technical, and billing
contacts for your domain name registration(s) and other Service(s), you must
submit the following: name, postal address, e-mail address, voice telephone
number, and where available, fax number. You agree that the type of information
you are required to provide may change and you understand that, if you do not
provide the newly required information, your registration or and/or other
Service(s) may be suspended or terminated or may not be renewed. Not providing
requested information may prevent you from obtaining all Service(s). You may
provide information regarding the name-servers assigned to your domain name(s)
and, if we are providing name-server services to you, the DNS settings for the
domain name. If you do not provide complete name-server information, or if you
purchase "Registration Only" Services, you agree that we may supply
this information (and point your domain name to a website of our choosing)
until such time as you elect to supply the name-server information or until
such time as you elect to upgrade from "Name Only" Services.
YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT
INFORMATION: In the event that, in registering a domain name or obtaining other
Service(s), you provide information about or on behalf of a third party, you
represent that you have (a) provided notice to that third party of the
disclosure and use of that party's information as set forth in this Agreement,
and (b) that you have obtained the third party's express consent to the
disclosure and use of that party's information as set forth in this Agreement.
By registering a domain name or applying for other Service(s) you also
represent that the statements in your application are true and you also
represent that the domain name is not being registered or the Services being
procured for any unlawful purpose. You acknowledge that providing inaccurate
information or failing to update information promptly will constitute a
material breach of this Agreement and will be sufficient basis for suspension
or termination of Services to you. You further agree that your failure to
respond for over ten (10) calendar days to inquiries by us concerning the
accuracy of account and WHOIS contact information shall constitute a material
breach of this Agreement and will be sufficient basis for suspension or
termination of Service(s) to you. As indicated elsewhere in this Agreement, you
understand that it is important for you to regularly monitor email sent to the
email address associated with your account and WHOIS contact information
because, among other reasons, if a dispute arises regarding a domain name(s) or
other Service(s), you may lose your rights to the domain name(s) or your right
to receive the Service(s) if you do not respond appropriately to an email sent
in conjunction therewith.
ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY: In order
to change any of your account or domain name WHOIS information, you must access
your account with your Primary Service Provider (if any), or your account with
us. Please safeguard your account login identifier and password from any
unauthorized use. You agree that any person in possession of you account login
identifier and password will have the ability and your authorization to modify
your account and domain name information. We will take reasonable precautions
to protect the information we obtain from you from loss, misuse, unauthorized
access or disclosure, alteration or destruction of that information and that
such reasonable precautions include procedures for releasing account access
information to parties who claim to have lost account access information. You
agree that, if we take reasonable precautions in relation thereto, that IN NO
EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE
UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT,
EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY
CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND
BELOW IN THIS AGREEMENT. If you contact us alleging that a third party has
unauthorized access to your account or domain names, you agree that we may
charge you administrative fees of $50 (US dollars) per hour for our time spent
in relation to the matter, regardless of whether or not we return control over
the account and/or domain names to you.
TRANSFERS: You agree that transfer of your domain name(s) services shall be
governed by ICANN's transfer policy, available at http://www.icann.org/transfers/,
as this policy may be modified from time to time. You agree that we may place a
"Registrar Lock" on your domain name services and that this will
prevent your domain name services from being transferred without your
authorization, though we are not required to do so. By allowing your domain
name services to remain locked, you provide express objection to any and all
transfer requests until the lock is removed. To transfer your domain name(s)
you should first login to your account to lock or unlock your domain name(s)
and/or to obtain the EPP "AuthCode" which is required to transfer
domain services in an EPP registry (such as .org). Alternatively, you should
contact your Primary Service Provider to have your domain name(s) services
locked or unlocked or to obtain the EPP "AuthCode." If your Primary
Service Provider is unresponsive, you may contact us to have your domain
name(s) locked or unlocked or to obtain the EPP "AuthCode" though we
may first contact your Primary Service Provider to request that the Primary
Service Provider address the request. Only the registrant and the
administrative contacts listed in the WHOIS information may approve or deny a
transfer request. Without limitation, domain name services may not be
transferred within 60 days of initial registration, within 60 days of a
transfer, if there is a dispute regarding the identity of the domain name
registrant, if you are bankrupt, or if you fail to pay fees when due. We will
follow the procedures for both gaining and loosing registrars as outlined in
ICANN's transfer policies. Transfer requests typically take five business days
to be processed. A transfer will not be processed if, during this time, the
domain name registration services expire in which event you may need to
reinstate the transfer request. You may be required to resubmit a transfer
request if there is a communication failure or other problem at either our end
or at the registry. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK
FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END
OF A REGISTRATION TERM.
PRIVACY POLICY: You agree and consent that we will make available the domain
name registration information you provide or that we otherwise maintain to the
following parties: ICANN, the registry administrator(s), and to other third
parties as ICANN and applicable laws may require or permit (including through
web-based and other on-line WHOIS lookup systems), whether during or after the
term of your domain name registration services 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 such information. Additionally, you acknowledge
that ICANN may establish or modify the guidelines, limits and/or requirements
that relate to the amount and type of information that we may or must make
available to the public or to private entities, and the manner in which such
information is made available. Information regarding ICANN's guidelines and
requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm,
http://www.icann.org/registrars/wdrp.htm,
and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make
publicly available, or directly available to third parties, some, or all, of
the 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 applicable laws. One of the ways that we may make some or all of
the information you provide available to the public or third parties is by way
of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS
data access agreement with us. We reserve the right to discontinue providing bulk WHOIS data access to
third parties.
OWNERSHIP OF INFORMATION AND DATA: You agree and acknowledge that we own all
database, compilation, collective and similar rights, title and interests
worldwide in our domain name database, and all information and derivative works
generated from the domain name database. You further agree and acknowledge that
we own the following information for those registrations for which we are the
registrar: (a) the original creation date of the registration, (b) the
expiration date of the registration, (c) the name, postal address, e-mail
address, voice telephone number, and where available fax number of all contacts
for the domain name registration, (d) any remarks concerning the registered
domain name that appear or should appear in the WHOIS or similar database, and
(e) any other information we generate or obtain in connection with the
provision of domain name registration services, other than the domain name
being registered, the IP addresses of the primary nameserver and any secondary
nameservers for the domain name, and the corresponding names of those
nameservers. We do not have any ownership interest in your specific personal
registration information outside of our rights in our domain name database.
AGENTS AND LICENSES: You agree that, if you are registering a domain name for
or on behalf of someone else, you represent that you have the authority to
nonetheless bind that person as a principal to all terms and conditions
provided herein. You agree that if you license the use of the domain name
registered to you to a third party, you nonetheless remain the domain name
holder of record, and remain responsible for all obligations under this
Agreement, including but not limited to payment obligations, and providing (and
updating, as necessary) both your own full contact information, and accurate
technical, administrative, billing and zone contact information adequate to facilitate
timely resolution of any problems that arise in connection with the domain name
and domain name registration.
USE OF FREE SERVICES: In consideration for providing additional optional
Services for which we do not charge an additional fee, including, but not
limited to, URL forwarding, email forwarding, free parking page, free website
hosting, free email services, or other services which we may introduce from
time to time but for which there is not a separate fee ("Free
Services"), you agree that, if you use such Free Services, we may display
advertising in conjunction therewith through the use of pop-up or pop-under
browser windows, banner advertisements, audio or video streams, appendices to
emails, or other similar advertising means, and that we may aggregate related
usage data by means of cookies and other similar means. You agree that from
time to time we may provide you with free or low-cost domain name(s) services
("Promotional Name(s)"). If we do so, the services for the
Promotional Name(s) will be placed in the same account as your other domain
name(s) and you will be listed as the registrant, though we may point the
Promotional Name to IP address(es)of our choosing. If you want to assume
control over the services provided to the Promotional Name, including the right
to transfer or push the Promotional Name service to other registrars or other
accounts or the ability to control the DNS settings for the Promotional Name,
you must pay the promotional registration fee or renewal fee, if any, and agree
to the terms of this Agreement with respect to such Promotional Name(s). If you
do not want the Promotional Name services, you may request that you be removed
as the registrant of such Promotional Names and we will be listed as the domain
name registrant. Alternatively, you may contact us or your Primary Service
Provider to request that we delete the Promotional Name from the namespace. For
any domain name services, including these Promotional Names, for which you are
listed as registrant but for which you do not pay the registration or renewal
fee, you agree that we may assign name-servers to the domain name and point the
domain name to IP address(es) designated by us until the registration or
renewal fee is paid.
AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION: Immediately after
the expiration of the term of domain name registration services and before
deletion of the domain name in the applicable registry's database, you
acknowledge that we may direct the domain name to name-servers and IP address(es)
designated by us, including, without limitation, to no IP address or to IP
address(es) which host a parking page or a commercial search engine that may
display advertisements, and you acknowledge that we may either leave your WHOIS
information intact or that we may change the contact information in the WHOIS
output for the expired domain name so that you are no longer the listed
registrant of the expired domain name.
Reactivation Period Process. For a period of approximately 30
days after expiration of the term of domain name registration services, you
acknowledge that we may provide a procedure by which expired domain name
registration services may be renewed. You acknowledge and agree that we may,
but are not obligated to, offer this process, called the "reactivation
period." You acknowledge that you assume all risks and all consequences if
you wait until close to or after the expiration of the original term of domain
name registration services to attempt to renew the domain name registration services.
You acknowledge that we, for any reason and in our sole discretion, may choose
not to offer a reactivation period and that we shall not be liable therefore.
You acknowledge that reactivation period renewal processes, if any, may involve
additional fees which we and your Primary Service Provider may determine. You
acknowledge and agree that we may make expired domain name services(s)
available to third parties, that we may auction off the rights to expired
domain name services (the auction beginning close to the end or after the end
of the reactivation period), and/or that expired domain name registration
services may be re-registered to any party at any time.
After the reactivation period, you agree that we may either (i)
discontinue the domain name registration services at any time thereafter, (ii)
that we may pay the registry's registration fee or otherwise provide for the
registration services to be continued, or, (iii) if we auctioned the domain
name services to a third party, that we may transfer the domain name
registration services to such third party.
In the case of (i), above, you acknowledge that certain registry
administrators may provide procedures by which discontinued domain name
registration services may nonetheless be renewed. You acknowledge and agree
that we may, but are not obligated to, participate in this process, typically
called the "Redemption Grace Period" ("RGP"). You
acknowledge that we, for any reason and in our sole discretion, may choose not
to participate in the RGP process with respect to any or all of your domain
name registration services and that we shall not be liable therefore. If
available, RGP typically ends between 30 and 42 days after the end of the
reactivation period of the domain name services, as the reactivation period
applied to you. The typical RGP fee is $165 (US dollars) plus any registration
fees. You agree that we are not obliged to contact you to alert you that the
domain name registration services are being discontinued.
In the case of (ii), above, you acknowledge that we may then set
the name-servers and the DNS settings for the domain name services, that we set
the DNS to point to no IP address or to IP address(es) which host parking
page(s) or a commercial search engine that may display paid advertisements, and
you acknowledge that we may change the contact information in the WHOIS output
for the expired domain name so that you are no longer the listed registrant of
the expired domain name. You acknowledge that we do not have to pay you any of
the proceeds, if any, we may earn as a result. You agree that we are not
obliged to contact you to alert you that the domain name registration services
are being continued. In this case, the domain name will be designated as being
in the extended redemption grace period ("ERGP"), and you will be
allowed to assume, during the first 120 days of the then extant registration
term, complete management of the domain name services, including the right to
control the DNS settings, provided that you pay a fee of $160 (US dollars) plus
any registration fees. After the end of the 120-day period, if you do not
exercise your rights under this provision, you agree that you have abandoned
the domain name services, and relinquish all rights and use of the domain name
services.
In the case of (iii), above, the third party who won the auction
for the domain name services will control the domain name services, including
control over the WHOIS information and the DNS settings. You may recover the
domain name registration services for a period of up to 42 days after the end
of the reactivation period, as such reactivation period applied to you. You
agree that we are not obliged to contact you to alert you that the domain name
registration services are or were auctioned. You acknowledge that we do not
have to pay you any of the proceeds, if any, we may earn as a result of such an
auction. To exercise your rights to recover auctioned domain name services, you
must contact us and provide us with a certified letter addressed to "Expiration
Recovery" and including documents setting forth your identity and address,
which identity and address must be the same as that of the registrant as it was
listed in the WHOIS information for the domain name services prior to
expiration, a copy of a commonly accepted (in the United States) picture ID
(such as a drivers license or passport) which supports your identity and
address claim, a front and back photocopy of your credit card, and you must
include a written and signed statement expressly authorizing payment of the
reinstatement fee to such credit card, which is $165 plus any registration
fees. In doing so, you must provide us with sufficient time to allow us to
receive and evaluate your documents and to contact the auction winner prior to
the end of 30 days after the end of the reactivation period of the domain name
services.
LIMITATION
OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR
LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION
SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME
REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR
BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR
SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A
DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR
EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A
DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED
USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE
DISPUTE POLICY. YOU ALSO AGREE THAT NEITHER WE NOR YOUR PRIMARY 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, EVEN IF WE OR YOUR
PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER'S MAXIMUM AGGREGATE
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN
NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00 US Dollars).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY
SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
INDEMNITY: With respect to ICANN, the registry operators, us,
and your Primary Service Provider, as well as the contractors, agents,
employees, officers, directors, shareholders, and affiliates of such parties,
you agree to release, indemnify, and hold such parties harmless from all
liabilities, claims and expenses, including attorney's fees and court costs,
for third party claims relating to or arising under this Agreement, the
Service(s) provided hereunder, or your use of the Service(s), including,
without limitation, infringement by you, or by anyone else using the Service(s)
we provide to you, of any intellectual property or other proprietary right of
any person or entity, or from the violation of any of our operating rules or
policies relating to the Service(s) provided. When we may be involved in a suit
involving a third party and which is related to our Service(s) to you under
this Agreement, we may seek written assurances from you in which you promise to
indemnify and hold us harmless from the costs and liabilities described in this
paragraph. Such written assurances may include, in our sole discretion, the
posting of a performance bond(s) or other guarantees reasonably calculated to
guarantee payment. Your failure to provide such assurances may be considered by
us to be a breach of this Agreement by you and may, in our sole discretion,
result in loss of your right to control the disposition of domain name services
for which you are the registrant and in relation to which we are the registrar
of record. This indemnification is in addition to any indemnification required
under the UDRP.
REPRESENTATIONS AND WARRANTIES: YOU REPRESENT THAT, TO THE BEST
OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE
MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE
SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT
AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR
PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU
"AS IS" AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR
ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH
REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY
LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT
WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR
FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICE(S) OR ANY
TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
GOVERNING LAW AND JURISDICTION FOR DISPUTES: Except as otherwise
set forth in the UDRP or any similar ccTLD policy with respect to any dispute
over a domain name registration this Agreement, your rights and obligations and
all actions contemplated by this Agreement shall be governed by the laws of the
United States of America and the State of Texas, as if the Agreement was a
contract wholly entered into and wholly performed within the State of Texas.
You agree that any action brought by you to enforce this Agreement or any
matter brought by you and which is against or involves us and which relates to
your use of the Services shall be brought exclusively in the United States
District Court for the district including Austin, Texas, or if there is no
jurisdiction in such court, then in a state court in Travis County, Texas
state. You consent to the personal and subject matter jurisdiction of any state
or Federal court in Travis County, Texas state in relation to any dispute
between you and us under this Agreement. You agree that service of process on
you by us in relation to any dispute arising under this Agreement may be served
upon you by first class mail to the address listed by you in your account
and/or domain name WHOIS information or by electronically transmitting a true
copy of the papers to the email address listed by you in your account and/or
domain name WHOIS information. Notwithstanding the foregoing, for the
adjudication of third party disputes (i.e., disputes between you and another
party, not us) concerning or arising from use of domain names registered
hereunder, you acknowledge and agree that you shall submit, without prejudice
to other potentially applicable jurisdictions, to the jurisdiction of the
courts (a) of the domain name holder's domicile, and (b) where we are located,
currently Austin, TX.
NOTICES: You agree that any notices required to be given under this Agreement
by us to you will be deemed to have been given if delivered in accordance with
the account and/or domain name WHOIS information you have provided.
INFANCY: You attest that you are of legal age to enter into this Agreement.
GENERAL: This Agreement and the UDRP, together with all modifications,
constitute the complete and exclusive agreement between you and us, and
supersede and govern all prior proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties. The failure
of us to require your performance of any provision hereof shall not affect the
full right to require such performance at any time thereafter; nor shall the
waiver by us of a breach of any provision hereof be taken or held to be a
waiver of the provision itself. In the event that any provision of this
Agreement shall be unenforceable or invalid under any applicable law or be so
held by applicable court decision, such unenforceability or invalidity shall
not render this Agreement unenforceable or invalid as a whole. We will amend or
replace such provision with one that is valid and enforceable and which
achieves, to the extent possible, our original objectives and intent as
reflected in the original provision. This Agreement may not be amended or
modified by you except by means of a written document signed by both you and an
authorized representative of us.
|
