| Terms of services |
Scout Web Solutions, LLC and associated sites - Terms of Service
By
using our web hosting services, you agree to comply with our policies.
You are expected to use the Internet with respect, courtesy, and
responsibility, giving due regard to the rights of other Internet
users. We expect you to have a basic knowledge of how the Internet
functions, the types of uses which are generally acceptable, and the
types of uses which are to be avoided. Common sense is the best guide
as to what is considered acceptable use. The following are unacceptable
uses:
Illegality in any form,
including but not limited to activities such as unauthorized
distribution or copying of copyrighted software, violation of U.S.
export restrictions, harassment, fraud, trafficking in obscene
material, drug dealing, and other illegal activities.
Interpretation
The
provisions of this Policy are intended as guidelines and are not meant
to be exhaustive. Generally, conduct that violates law, regulation, or
the accepted norms of the Internet community, whether or not expressly
mentioned in this Policy, is prohibited. Scout Web Solutions reserves the right at
all times to prohibit activities that damage its commercial reputation
and goodwill.
Illegal Use
Scout Web Solutions
servers may be used only for lawful purposes. Transmission,
distribution or storage of any material in violation of any applicable
law or regulation is prohibited. This includes, without limitation,
material protected by copyright, trademark, trade secret or other
intellectual property right used without proper authorization, and
material that is obscene, defamatory, constitutes an illegal threat, or
violates export control laws. Examples of non-acceptable content or
links: "Pirated software", "Hackers programs or archives", "Warez
Sites", "Irc Bots", "Mp3".
We will be the sole arbiters as to what constitutes a violation of this provision.
System and Network Security
Violations
of system or network security are prohibited, and may result in
criminal and civil liability. Examples include, but are not limited to
the following: unauthorized access, use, probe, or scan of a systems
security or authentication measures, data or traffic. Interference with
service to any user, host or network including, without limitation,
mail bombing, flooding, deliberate attempts to overload a system and
broadcast attacks. Forging of any TCP-IP packet header or any part of
the header information in an e-mail or a newsgroup posting.
It
is a violation for anyone who, including but not limited to, employs
posts or programs which consume excessive CPU time or storage space,
permits the use of mail services, mail forwarding capabilities, POP
accounts, or auto responders other than for their own account; or
resale of access to CGI scripts installed on our servers.
Tortuous Conduct
No
one shall post defamatory, scandalous, or private information about a
person without their consent, intentionally inflicting emotional
distress, or violating trademarks, copyrights, or other intellectual
property rights.
Spamming
We
have a zero tolerance policy on SPAM. If you send unsolicited email
messages, commonly known as SPAM, your account WILL be terminated, NO
exceptions.
Sending unsolicited mail
messages, including, without limitation, commercial advertising and
informational announcements, is expressly prohibited. A user shall not
use another site's mail server to relay mail without the express
permission of the site or distributing, advertising or promoting
software or services that have the primary purpose of encouraging or
facilitating unsolicited commercial E-mail or spam.
It is contrary to Scout Web Solutions policy for customers to use our servers to effect or participate in any of the following activities:
To
post to any Usenet or other newsgroup, forum, e-mail mailing list or
other similar group or list articles which are off-topic according to
the charter or other owner-published FAQ or description of the group or
list;
To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
To
engage in any of the foregoing activities using the service of another
provider, but channeling such activities through a Scout Web Solutions provided
server, or using a Scout Web Solutions. provided server as a mail drop for responses;
To falsify user information provided to Scout Web Solutions. or to other users of the service in connection with use of a Scout Web Solutions service.
When
Scout Web Solutions becomes aware of an alleged violation of its Acceptable Use
Policy, Scout Web Solutions. may initiate an investigation (within 24-48 hours).
During the investigation Scout Web Solutions may restrict Customer’s access in order
to prevent further possible unauthorized activity. If the Customer is
found in violation of our SPAM policy, Scout Web Solutions may, at its sole
discretion, restrict, suspend, or terminate Customer's account and/or
pursue other civil remedies. Also, Scout Web Solutions reserves the right to pursue
civil remedies for any costs associated with the investigation of a
substantiated policy violation. If such violation is a criminal
offense, Scout Web Solutions will notify the appropriate law enforcement department
of such violation.
Scout Web Solutions does not issue service credits for any outages incurred through service disablement resulting from Policy violations.
The
Customer shall be held liable for any and all costs incurred by Scout Web Solutions
as a result of the customer's violation of these terms and conditions.
This is including, but is not limited to, attorney fees and costs
resulting from Postmaster responses to complaints from and the cleanup
of unsolicited commercial mailings and/or unauthorized bulk mailings
and/or news server violations. First violations will result in a
Cleanup Fee of $250 and the customer’s account will be reviewed for
possible immediate termination. A second violation will result in
Cleanup Fee of $500 and immediate termination of the customer’s
account. The Customer who violates this policy agrees to also pay
Investigation Fees of no more than $125 per hour that Scout Web Solutions personnel
must spend to investigate any violations.
Modification
Scout Web Solutions reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Scout Web Solutions - Customer Service Agreement
This
is an agreement between you and Scout Web Solutions. Scout Web Solutions regarding your use of
Scout Web Solutions computer, interactive information, communication and server
management service. This Agreement governs the terms and conditions
under which Scout Web Solutions makes the services offered by Scout Web Solutions available to
individual consumers through a personal computer or similar access, or
to individual consumers or small businesses in connection with the
"Scout Web Solutions" web hosting or similar services. Under this Agreement, you must
comply with Scout Web Solutions's then current "Acceptable Use Policy," as updated
from time to time by Scout Web Solutions, which can be viewed at:
http://www.Scout Web Solutions.com/tos.php
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1.
Scout Web Solutions will host an account for you, the purchaser (hereafter referred
to as the Account Holder), for the Account Holder's chosen domain name,
for the period of time (the Term) corresponding with the payment plan
chosen by the Account Holder. This contract will be automatically
renewed at the end of the Term and each successive renewal term, unless
terminated. We require notification of non-renewal with at least 30
days notice but not more than 60 days prior to the renewal date. You
must have all account information to cancel and submit a support
ticket. If you do not provide this notice, you will be charged for the
next terms rate. There are no refunds on any service we provide.
2.
Scout Web Solutions's services are provided on an as is, as available basis without
warranties of any kind, either express or implied, including, but not
limited to, warranties of merchantability, fitness for a particular
purpose or non-infringement. Scout Web Solutions expressly disclaims any
representation or warranty that the Scout Web Solutions services will be error-free,
secure or uninterrupted. No oral advice or written information given by
Scout Web Solutions, its employees, licensors of the like, will create a warranty;
nor may you rely on any such information or advice. The terms of this
Section will survive any termination of this Agreement.
3.
The Virtual Web Server Internet account and/or related electronic
services can only be used for legal purposes under all applicable
international, federal, provincial, and municipal laws. Further, the
Account Holder agrees not to store, transmit, link to, advertise or
make available any images containing pornography, graphic violence or
death. Violations of these or any other provisions of this Agreement
may result in termination of the services provided by Scout Web Solutions, with or
without the grant of a notice or cure period, such notice or cure
period to be granted at the sole discretion of Scout Web Solutions, Inc. based upon
the severity of the violation. Scout Web Solutions reserves the right to refuse
service if any of the content within, or any links from, the Account
Holder's website is deemed illegal, misleading, or obscene, or is
otherwise in breach of Scout Web Solutions's then current Acceptable Use Policy, in
the sole and absolute opinion of Scout Web Solutions. Notwithstanding anything in
this Agreement, the content of the Account Holder's website is the sole
responsibility of the Account Holder. The Account Holder agrees to
indemnify and hold harmless Scout Web Solutions from any and all claims, losses,
damages, liabilities, judgments, or settlements, including reasonable
attorney's fees, costs, and other expenses incurred by Scout Web Solutions,
(collectively, Claims) related to or in connection with the content of
the Account Holder's website. The terms of this Section will survive
any termination of this Agreement.
4.
Account Holder acknowledges that the nature of the service furnished
and the initial rates and charges have been communicated to the Account
Holder. Account Holder is aware that Scout Web Solutions reserves the right to change
the specified rates and charges from time to time.
5.
The Account Holder agrees to follow generally accepted rules of
"Netiquette" when sending e-mail messages or posting to newsgroups.
Account Holder is responsible for security of its password. Scout Web Solutions will
not change passwords to any account without proof of identification,
which is satisfactory to Scout Web Solutions, which may include written authorization
with signature. In the event of any partnership break-up, divorce or
other legal problems that includes Account Holder, Account Holder
understands that Scout Web Solutions will remain neutral and may put the account on
hold until the situation has been resolved. Under no circumstances will
Scout Web Solutions be liable for any losses incurred by Account Holder during this
time of determination of ownership, or otherwise. The Account Holder
agrees to indemnify and hold harmless Scout Web Solutions from any and all Claims
arising from such ownership disputes. The terms of this Section will
survive any termination of this Agreement.
6.
The Account Holder agrees not to harm Scout Web Solutions, its reputation, computer
systems, programming and/or other persons using Scout Web Solutions's services. Scout Web Solutions
reserves the right to select the server for Account Holder's website
for best performance. The Account Holder understands that the services
provided by Scout Web Solutions are provided on a shared server. This means that one
website cannot be permitted to overwhelm the server with heavy CPU
usage, for example from the use of highly active CGI scripts or chat
scripts. If the Account Holder's website overwhelms the server and
causes complaints from other users, the Account Holder has outgrown the
realm of shared servers, and will need to relocate it's website. Scout Web Solutions
will refund any unused portion of prepaid services. If the Account
Holder refuses to comply with this Section, then Scout Web Solutions has the right to
terminate the services provided to the Account Holder without any
refunds of the unused portion prepaid by the Account Holder. The
Account Holder agrees to indemnify and hold harmless Scout Web Solutions and any
other Account Holder from any and all Claims resulting from the Account
Holder's use of the services provided by Scout Web Solutions. The terms of this
Section will survive any termination of this Agreement.
7.
The Account Holder's rights and privileges under this Agreement cannot
be sold or transferred without the prior written consent of Scout Web Solutions.
8.
If the Account Holder sells or resells advertising or web space to a
third party then the Account Holder will be responsible for the
contents of that advertising and the actions of that third party. Scout Web Solutions
has the absolute right to reject any advertising or other third party
content that is illegal, offensive or otherwise in breach of the then
current Scout Web Solutions Acceptable Use Policy. The e-mail distribution by the
Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL
E-MAIL", is expressly prohibited. If the Account Holder refuses to
remove any advertising or other third party content deemed
objectionable by Scout Web Solutions, Scout Web Solutions may terminate the services being provided
to the Account Holder.
9. Scout Web Solutions will
use its best efforts to maintain a full time Internet presence for the
Account Holder. The Account Holder hereby acknowledges that the network
may, at various time intervals, be down due, but not restricted to,
utility interruption, equipment failure, natural disaster, acts of God,
or human error. In no event shall Scout Web Solutions be liable to the Account Holder
for any damages resulting from or related to any failure or delay of
Scout Web Solutions in providing access to the Internet under this Agreement. In no
event shall Scout Web Solutions be liable to the Account Holder for any indirect,
special or consequential damages or lost profits arising out of or
related to this Agreement or the performance or breach thereof. The
aggregate, total liability of Scout Web Solutions under this Agreement, if any, shall
in no event or circumstance exceed the total amount actually paid by
the Account Holder hereunder. The terms of this Section will survive
any termination of this Agreement.
10.
This Agreement applies to all accounts, sub-accounts, and alternative
account names associated with your principal account. The Account
Holder is responsible for the use of each account, whether used under
any name or by any person, and for ensuring full compliance with this
Agreement by all users of that account. An Scout Web Solutions account may not be
transferred without prior written approval from Scout Web Solutions. The Account
Holder is responsible for maintaining the confidentiality of his/her
password. In the event of a breach of security through the Account
Holder's account, the Account Holder will be liable for any
unauthorized use of the Scout Web Solutions services, including any damages resulting
there from, until the Account Holder notifies Scout Web Solutions's customer service.
11.
If Scout Web Solutions assigns the Account Holder an Internet Protocol address in
connection with the Account Holder's use of the Scout Web Solutions services, the
right to use that Internet Protocol address will remain with and belong
only to Scout Web Solutions, and the Account Holder will have no right to use that
Internet Protocol address except as allowed by Scout Web Solutions. in its sole and
absolute discretion.
12. This
Agreement constitutes the entire agreement between the Account Holder
and Scout Web Solutions with respect to the Scout Web Solutions services and supersedes all prior
agreements between the Account Holder and Scout Web Solutions. Scout Web Solutions's failure to
enforce any provision of this Agreement shall not be construed as a
waiver of any provision or right. In the event that a portion of this
Agreement is held unenforceable, the unenforceable portion will be
construed in accordance with applicable law as nearly as possible to
reflect the original intentions of the parties, and the remainder of
the provisions will remain in full force and effect. The terms of this
Section will survive any termination of this Agreement.
13.
The parties shall attempt to resolve all disputes arising out of this
Agreement in a spirit of cooperation and with a problem-solving mind
set, without formal proceedings. Any dispute, which cannot be so
resolved, shall be subject to binding arbitration upon the written
demand of either party. Arbitration shall take place in Cook County,
Illinois, USA. Should any legal action permissible under this Agreement
be instituted to enforce the terms and conditions of this Agreement, in
particular the right to collect money due on unpaid invoices, the
prevailing party shall be entitled to recover reasonable attorney's
fees and expenses incurred at both the trial and appellate levels. The
terms of this Section will survive any termination of this Agreement.
14.
The Account Holder agrees to indemnify and hold Scout Web Solutions harmless from any
and all Claims resulting from or connected with any activities
conducted by the Account Holder. The Account Holder and Scout Web Solutions will
promptly notify the other upon receipt of any Claim or legal action
arising out of activities conducted pursuant to this Agreement. The
rights and responsibilities established in this paragraph will survive
any termination of this Agreement.
15.
Scout Web Solutions will not include the Account Holder's name and contact information in
any directories of Scout Web Solutions service subscribers for the purpose promoting the
use of the services by additional potential clients without explicit permission.
16.
The interpretation and enforcement of this Agreement shall be governed
according the laws of the state of Illinois (excluding its choice of
law rules) and the federal laws of United States applicable therein.
The Account Holder hereby consents to personal jurisdiction in the
federal and provincial courts of Cook County, Illinois for any action
arising out of or relating to the Account Holder's use of the Scout Web Solutions
services. The federal and provincial courts of Cook County, Illinois
will have exclusive jurisdiction over all such actions. In any such
action, the prevailing party will be entitled to recover all legal
expenses incurred in connection with the action, including but not
limited to its costs, both taxable and non-taxable, and reasonable
attorney's fees. The terms of this Section will survive any termination
of this Agreement.
17. Notices
required by this Agreement shall be in writing and shall be delivered
either by personal delivery or by mail. If delivered by mail, notices
shall be sent by any express mail service; or by certified or
registered mail, return receipt requested; with all postage and charges
prepaid. All notices and other written communications under this
Agreement shall be addressed to the individuals in the capacities
indicated below, or as specified by subsequent written notice delivered
by the party whose address has changed.
18.
Because the Internet is a global communication tool, and we have
clients from nearly every country in the world it is difficult to
dictate what is considered "adult material." However, it is not our
function to discriminate against those who choose to utilize adult
content or adult related material. This being said, there are still
several reasons why Scout Web Solutions has been forced to create its no adult sites
policy for its virtual server users.
19. Scout Web Solutions does not issue a refund if account is cancelled after the 30-day money back guarentee period.
20.
Scout Web Solutions may temporarily deny service or terminate this Agreement upon the
failure of Account Holder to pay charges when they become due. Such
termination or denial will not relieve the Account Holder of
responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees.
21.
If an account holder's account becomes overdue, the account will be
suspended. Interest will accrue on the overdue account at a rate of 5%
per month until the outstanding balance is paid in full.
22.
If an account holder charges back for services rendered, a $50.00
charge back fee will be added to the amount charged back by the
customer.
23. If an account holder's
account is overdue for 90 days, the account will be handed over to an
outside collection agency. At that time the account holder will incur a
$50.00 collection fee added to the balance previously due.
24. All accounts are subject to verification.
25.
You agree that Scout Web Solutions may establish limits concerning use of any Scout Web Solutions
service offered on any Scout Web Solutions web site, including without limitation the
maximum number of days that e-mail messages will be retained by any
Scout Web Solutions service, the maximum number of e-mail messages that may be sent
from or received by an account on any Scout Web Solutions service, the maximum size
of an e-mail message that may be sent from or received by an account on
any Scout Web Solutions service, the maximum disk space that will be allotted on
Scout Web Solutions's servers on your behalf either cumulatively or for any
particular service. You agree that Scout Web Solutions has no responsibility or
liability for the deletion, corruption or failure to store any messages
or other content maintained or transmitted by any Scout Web Solutions service. You
acknowledge that the features, parameters (for example, the amount of
storage available to users) or existence of any Scout Web Solutions service may
change at any time.
26. What does Scout Web Solutions consider "Adult Material?"
Any site whose revenue is gained in part or whole from its adult content.
Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
Photos or videos showing graphic violence, death or dismemberment.
Photos or videos showing graphic violence or death.
Revenue-generating hyperlinks to sites who violate policy #1.
Why does Scout Web Solutions have this policy?
27. Scout Web Solutions does not offer any uptime service guarantee, does not offer credits for downtime and does not offer refunds.
28.
Scout Web Solutions may terminate this agreement without cause and without refund at
any time. We reserve the right to decide what content may be stored and
hosted on our servers.
29. Bandwidth and Resources
A virtual server is a shared environment where many servers reside on
each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the
smaller adult sites get around 5 GB of transfer per day. With these
types of resources being utilized, our servers would be severely slowed
if we allowed these high traffic sites to also reside on our servers.
On top of that, we would be forced to raise our prices to pay for the
additional bandwidth. We strive to keep our servers fast and
inexpensive, and our bandwidth clear; therefore, adult sites are not an
option.
30.
Scout Web Solutions reserves the right to decide what it considers "adult content",
"adult material", "sexually explicit", or "sexually related". Let us
know if you are unsure of the approval of your site before placing an
order.
31. The term "Unlimited" used
throughout this website should not be considered the ability to host so
many domains, email accounts or other resources or services as to have
a negative impact on any of our servers or resources. "Unlimited"
specifically means you can use as many of a number within your allotted
disk space and data transfer. "Unlimited" does NOT include unlimited
disk space or data transfer.
Domain Name 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 the registrars listed at the bottom of this document, any one of which will be the registrar for your domain name and all of which share common ownership, common terms and conditions, and a shared Services infrastructure. To determine which registrar your domain name is registered with, perform a WHOIS lookup.. You obtain the Services first through a Primary Service Provider, eNom, Inc., with whom we have a wholesale relationship. Your relationship with your Primary Service Provider may be governed by additional terms, as you and your Primary Service Provider may agree. "We," "us" and "our" does not include your Primary Service Provider, except when specifically mentioned or unless your Primary Service Provider is one of us (i.e. if your Primary Service Provider is also one of the registrars listed at the bottom of this document).
YOU AGREE TO THIS AGREEMENT: By using the Service(s), you agree to all terms and conditions of this Agreement, the UDRP (define below) and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by 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: We are accredited registrars with the Internet Corporation for Assigned Names and Numbers ("ICANN") for Top Level Domain Names ("TLDs") (such as .com, .net, .org, .de, co.uk, etc.). ICANN oversees registrations and other aspects of the TLDs. Domain name registrations are not effective until the registry administrator puts them into effect. For a list of registry administrators and for more information on TLDs, see HYPERLINK http://www.icann.org/tlds/. Domain name registrations are only for limited terms, terms which end on the expiration date. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry; for domain names registrations which were not returned to the available namespace, the term begins on the date the previous registrant's domain name registration was acknowledged by the applicable registry. You agree that we and your Primary Service Provider are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to 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 loose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.
FEES: As consideration for the Service(s), renewal of the Service(s), and, if you select it, automatic renewal of the Service(s), you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.
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 availableACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION: As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s). You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed. Not providing requested information may prevent you from obtaining all Service(s). You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase "Name Only" Services, you agree that we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from "Name Only" Services.
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.
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. Please click here if you would like your WHOIS information made available for bulk access. 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 steams, appendices to emails, or other similar advertising means, and that we may aggregate related usage data by means of cookies and other similar means. You agree that from time to time we may provide you with free or low-cost domain name(s) services ("Promotional Name(s)"). If we do so, the services for the Promotional Name(s) will be placed in the same account as your other domain name(s) and you will be listed as the registrant, though we may point the Promotional Name to IP address(es)of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and agree to the terms of this Agreement with respect to such Promotional Name(s). If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and we will be listed as the domain name registrant. Alternatively, you may contact us or your Primary Service Provider to request that we delete the Promotional Name from the namespace. For any domain name services, including these Promotional Names, for which you are listed as registrant but for which you do not pay the registration or renewal fee, you agree that we may assign name-servers to the domain name and point the domain name to IP address(es) designated by us until the registration or renewal fee is paid.
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 $160 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 a statement authorizing payment of the reinstatement fee to such credit card, which is $160 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 Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. You agree that any action brought by you to enforce this Agreement or any matter brought by you and which is against or involves us and which relates to your use of the Services shall be brought exclusively in the United States District Court for the Western District of Washington, or if there is no jurisdiction in such court, then in a state court in King County, Washington state. You consent to the personal and subject matter jurisdiction of any state or Federal court in King County, Washington state in relation to any dispute between you and us under this Agreement. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or domain name WHOIS information. Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where we are located, currently Bellevue, W.A.
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.
THE FOLLOWING REGISTRARS ARE REFERENCED IN THIS DOCUMENT:
Afterdark Domains, Incorporated
Arab Internet Names, Incorporated
AsiaDomains, Incorporated
Big House Services, Inc.
Blisternet, Incorporated
Dagnabit, Incorporated
Domain Rouge, Inc.
Domainnovations, Incorporated
Dropoutlet, Incorporated
eNom, Incorporated
eNombre Corporation
Entertainment Names, Incorporated
Extra Threads Corporation
FeNomINAL, Inc.
Fushi Tarazu, Incorporated
Gunga Galunga Corporation
Indirection Identity Corporation
Internet Internal Affairs Corporation
Kingdomains, Incorporated
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Mark Barker Incorporated
Mobile Name Services, Incorporated
Name Nelly Corporation
Name Thread Corporation
Nerd Names Corporation
Nom Infinitum Corporation
PostalDomains, Incorporated
Private Domains, Incorporated
Retail Domains, Inc.
SBSNames, Incorporated
Searchnresq, Inc.
Sicherregister, Incorporated
Sipence, Incorporated
Sssasss, Incorporated
Traffic Names, Incorporated
TravelDomains, Incorporated
Vedacore.com, Inc.
Whiteglove Domains, Incorporated
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