This Services Agreement ("Agreement") between you and Namesonic Internet Services Corp. (Namesonic) sets forth the terms and conditions of your use of the services set forth herein (collectively, the "Services"). You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be published by Namesonic from time to time. This Agreement as well as any additional rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Namesonic concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications.
AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refers to the customer, "we", us" and "our" refer to Namesonic Internet Services Corp. and "Services" refers to the domain name registration provided by Namesonic Internet Services ("Namesonic"), the Registration Service Provider ("RSP"). This Agreement explains and outlines Namesonic's obligations to the customer, and explains the customer's obligations to Namesonic for the various Services.
SELECTION OF A DOMAIN NAME. You understand, to the best of your knowledge and belief, that 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. Also, the domain name is not being registered for any unlawful purpose.
FEES. As consideration for Namesonic providing domain name registration services to you, you agree to pay Namesonic, prior to the approval of the desired domain name registration, the amounts set forth in the Namesonic Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals. You agree that we reserve the right to increase our fees and you agree to be bound by any fee increase. Your application will not be registered until Namesonic receives actual payment of the registration fee, or reasonable assurance of payment of the registration fee from a third party, such reasonable assurance to be determined by Namesonic in its sole discretion.
All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term. In the event of a charge back by a credit card company or other payment provider authorized by Namesonic, the domain name registration shall be transferred to Namesonic as the paying entity for the registration. We may reinstate your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently US$275. Namesonic will notify you when your renewal fees are due. If these fees remain unpaid when a second notice or reminder is issued, your registration will be cancelled. Payment must be made by credit card or other methods we indicate in the registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge accordingly.
TERM. You agree that the Registration Agreement will remain in full force during the length of the term of your Domain Name Registration. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. This Agreement will remain in full force during the length of the term of your Domain Name Registration as selected, recorded, and paid for upon registration of the Domain Name. Should you transfer your domain name or should the domain name otherwise be transferred due to another Registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force for the purpose of registering domain names then in force between SLD holders and the new Registrar.
MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that the RSP or we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on the RSP's web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review the RSP's web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing the RSP or us with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with the RSP, you must use your Login ID and Password that you selected when you opened your account with the RSP. Please safeguard your Login ID and Password from any unauthorized use. In no event will the RSP be liable for the unauthorized use or misuse of your Login ID or Password.
If the account manager, or the party who holds the Login ID and Password to the account, is unresponsive to modification requests made by Namesonic and the domain(s) administrative or registrant contact for a particular domain(s), Namesonic has the ability to make contact and DNS changes, as well as the ability to release the domain into another account at the request and approval of the administrative and/or registrant contact. Namesonic will take all reasonable measures to contact the account manager before changes are made, and before any changes are made, Namesonic must receive written authorization from the registrant and administrative contact and proof of ownership.
You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all .com, .net, .org and other domain extensions provided, domain name registrations or renewals. (Click here for a current copy of the UDRP.)
CHANGES TO REGISTRATION AGREEMENT AND DISPUTE POLICY
You acknowledge and recognize that the domain name system and the practice of registering and administering domain names are continuously evolving, and acknowledge and agree that Namesonic may modify this Agreement and the Dispute Policy (as per changes made by the UDRP) as necessary from time to time to comply with its agreement with ICANN and any other agreements by which Namesonic is or will be bound, and to adjust to changing business circumstances. You agree that Namesonic reserves the right to withhold and/or change its existing and future services and the terms and conditions thereof at its discretion. You agree to be bound by any such changes unless you provide us with written notification to the contrary. Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.
ICANN POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the domain name.
AGENCY. Should you intend to license the use of a domain name to a third party, you shall nonetheless be the domain holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain. You shall accept liability for harm caused by wrongful use of the domain, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms of Disclosure and Use of Registration Information (sections 18 and 19 of this Agreement).
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.
LIMITATION OF RSP LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, the RSP's and our liability is limited to the extent permitted by law. We and the RSP disclaim any and all loss or liability resulting from, but not limited to:
1. Loss or liability resulting from access delays or access interruptions;
2. Loss or liability resulting from data non-delivery or data mis-delivery;
3. Loss or liability resulting from acts of God;
4. Loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
5. Loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
6. Loss or liability resulting from the interruption of your Service.
You agree that we and the RSP will not be liable for any loss of registration and use of your domain name, or for interruption of business, or 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 the RSP have been advised of the possibility of such damages. In no event shall our and the RSP's combined maximum liability exceed five hundred ($500.00) dollars.
INDEMNITY. You agree to release, indemnify, and hold, us, our contractors, agents, employees, officers, directors, and affiliates harmless from all liabilities, claims and expenses, including without limitation Namesonic, and the directors, officers, employees and agents of each of them, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.
Transfer of your domain name(s) services shall be governed by ICANN's transfer
policy, available at http://www.icann.org/transfers/, including the
Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm
as well as the UDRP as described in Section 17 of this Agreement, as
these policies may be modified from time to time. 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). 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 following a redemption of the domain name,
if any. 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. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT
THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION
place a "Registrar Lock" on your domain name services and 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.
You agree and authorize Namesonic to act as your "Designated Agent" with respect to the Inter-Registrar Transfer Policy (IRTP) located at
https://www.icann.org/resources/pages/registrars/transfers-en for all gTLD domains.
You agree that as your "Designated Agent" we have the explicit authority to approve and accept each "Change of Registrant" (as per the IRTP) on your behalf,
whether this change represents a change from your Registrant information or to your Registrant information, and will do so in all instances.
You accept that authorizing us to act as your "Designated Agent" is a condition of registering or managing your domain with Namesonic.
BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us or the RSP, may be considered by us to be a material breach and that we or the RSP may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
NO GUARANTY. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain name.
REPRESENTATIONS AND WARRANTIES
You represent that, to the best of your knowledge and belief, that:
(a) all information provided in connection with your domain name registration is accurate;
(b) 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 acknowledge and agree that all domain name registration services provided to you by Namesonic are provided on an "as is" basis. Namesonic makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose. Namesonic makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.
DOMAIN NAME REGISTRATION INFORMATION AND ITS USE
INFORMATION YOU ARE REQUIRED TO SUBMIT
As part of the registration process, you are required to submit to Namesonic and keep promptly updated the following information in connection with your application for domain name registration:
(a) the domain to be registered;
(b) the IP names and address of the primary name servers and any secondary name servers;
(c) the domain name holder's name, mailing address, e-mail address, telephone number, and fax number;
(d) the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name;
(e) the name of the authorized contact person if the domain name holder is an organization, association, or corporation;
(f) the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.
(g) the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;
(h) the name, mailing address, email address, telephone number, and fax number of the zone contact for the domain name; and
(i) any remark concerning the registered domain name that should appear in the Whois database.
You shall provide and maintain updated information at all times with Namesonic. Namesonic at its option may refuse to renew any registrations unless you maintain current and updated information at all times.
Namesonic may from time to time request additional information from you. While not obligated to provide the additional information, you should provide the additional requested information to ensure that you will obtain all the products and services that Namesonic makes available to domain name registrants.
ADDITIONAL INFORMATION MAINTAINED ABOUT YOUR REGISTRATION
In Addition to the information you provide, we maintain additional information relating to your domain name registration, including:
(a) the original creation date of the registration;
(b) the date and time the registration application was submitted to us and the appropriate registry;
(c) communications constituting registration orders, modifications, or terminations and related correspondence;
(d) payment history, including all dates and amounts;
(e) the expiration date of the registration; and
(f) other information regarding all other activity regarding your domain name registration and related services.
OBLIGATIONS RELATING TO DATA PROVIDED BY YOU
If in registering a domain name you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement. You acknowledge that:
(a) Willfully providing inaccurate or unreliable information;
(b) willfully failing to update information promptly; or
(c) failing to respond to Namesonic's inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request; Shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
DISCLOSURE AND USE OF REGISTRATION INFORMATION
You agree to authorize Namesonic to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree Namesonic may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through Namesonic's WHOIS service, for targeted marketing, or for any other purpose as required or permitted by ICANN and applicable laws.
In addition, you acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that Namesonic 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 and updated from time to time provide in connection with registration of a domain name, whether during or after term of the 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 the domain name registration information.
You may access your domain name registration information in Namesonic's possession to review, modify or update such information, by accessing our domain manager service, or similar service, available at our web site at http://www.namesonic.com. You acknowledge and agree that Namesonic shall give notice to the domain name holder stating the intended purposes for which data collected about identified or identifiable natural persons ("personal data") will be used, the intended data recipients or their categories (including the registry administrator and others who will obtain data from the registry), distinguish between obligatory and non-obligatory data, and how the data subject can access and correct data about themselves. You agree to give notice equivalent to the foregoing to any third parties whose personal data you supply to Namesonic and you agree to obtain the consent of those parties equivalent to the foregoing.
We will not process any data about identified or identifiable natural persons that we obtain from you in a way incompatible with the purposes and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
REVOCATION. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to us or the RSP, or your failure to respond for over fifteen calendar days to inquiries by us or the RSP concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain registration.
RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services 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 Services, or we delete your domain name or other Services within such thirty (30) calendar day period, the RSP agrees to refund your applicable fee(s). You agree that we or the RSP shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.
NON-WAIVER. Our failure to require performance by you 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.
NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only be deemed to have been given when the sender has obtained an electronic confirmation of delivery. In the case of e-mail notification to us to email@example.com, in the case of e-mail notification to the RSP to firstname.lastname@example.org or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered
EXPIRATION AND RENEWAL OF SERVICE(S): You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully.
ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION: As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s). You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change 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, you agree that we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information.
YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION: In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, you represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained the third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. By registering a domain name or applying for other Service(s) you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. You further agree that your failure to respond for over ten (10) calendar days to inquiries by us concerning the accuracy of account and WHOIS contact information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Service(s) to you. As indicated elsewhere in this Agreement, you understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), you may loose your rights to the domain name(s) or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction therewith.
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.
AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION: After expiration of the term of a domain name registration services and before deletion of the domain name in the applicable registry's database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
After expiration of the term of domain name registration services, you acknowledge that certain registry administrators may provide procedures or grace periods during which expired domain name registrations may be renewed. You acknowledge that you assume all risks and all consequences if you wait until close to or after the end of a domain name registration term to attempt to renew the registration. You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in a post-expiration renewal of a domain name and that we shall not be liable therefore. You acknowledge that post-expiration renewal or redemption processes, if any, involve additional fees which we may determine. You acknowledge and agree that expired domain name(s) may be made available to be registered or re-registered to any party at any time.
You agree that after expiration of the term of a domain name registration we may, for a period of 30 days, either i) remove the domain name from the zone of the top-level-domain (meaning that the domain name will no longer resolve), or ii) direct the domain name to name-servers and IP address(es) of website(s) designated by us, including, without limitation, to IP address(es) which host a parking page or a commercial search engine. You agree that either are functionally equivalent to ICANN's or a registry's redemption grace period, which would normally occur after deletion. If we exercise our rights under this provision, and if you do not transfer the domain name services to another registrar nor contact us to pay for and renew the domain name prior to the end of the 30 days, you agree that you have abandoned the domain name.
After this 30 day period, you agree that we may either (i) delete the domain name at any time thereafter or (ii) that we may pay the registry's registration free or otherwise allow it to continue to be registered with the WHOIS information previously provided by you and pointing to the name-server(s) and IP address(es) designated by us, and that we will not remove it from the TLD zone. In the latter event, the domain name will be designated as being in the extended redemption grace period ("ERGP"), and you will be allowed to assume, during the first 30 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS information, provided that you pay a fee of $180 (US dollars). After the end of the 30-day period, if you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services, and that you are no longer the registrant of the domain name, and that we may list ourselves or another party as the registrant of the domain name in the WHOIS information. If we exercise our rights under this provision and you do not wish to be listed as the registrant and you wish to forego your option under this provision to pay to renew the domain name registration services for the then-current registration term, you may notify us before the end of the 30-day period and request that we remove your information from the WHOIS record for the domain name, in which case we, or a third party we designate, will be listed as the registrant, and in which case you relinquish all rights and control over the domain name services, and in which case we may i) continue to point the domain name to IP address(es) designated by us, or ii) we may delete the domain name from the applicable registry's database.
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. ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNITY: With respect to ICANN, the registry operators, and us , as well as the contractors, agents, employees, officers, directors and affiliates of such parties, you agree to release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain 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." 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 Canada and the Province of British Columbia, as if the Agreement was a contract wholly entered into and wholly performed within the Province of British Columbia. 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 British Columbia Court System. 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 Richmond BC.
This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.
AMENDMENT IN WRITING.
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 Namesonic.
The parties here in shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
RELATIONSHIP OF THE PARTIES.
Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
JOINT AND SEVERAL OBLIGATIONS.
If any party consists of more than entity, their obligations here under are joint and several. NO THIRD PARTY BENEFICIERIES.
This Agreement does not provide and shall not be construed to provide any third parties, with any remedy, claim, and cause of action or privilege.
SUCCESSORS AND ASSIGNS.
This Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
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. Namesonic 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 Namesonic as reflected in the original provision.
NOTICES: You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
INFANCY: You attest that you are of legal age to enter into this Agreement.
GENERAL: This Agreement and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
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