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1. INTRODUCTION. In this Service Agreement
("Agreement"), "you" and "your" refer to each customer
("Customer") and "we", "us" and "our" refer to Network
Solutions, Inc. ("Network Solutions"). This Agreement explains
our obligations to you, and your obligations to us in relation
to your use of our services. By selecting Network Solutions´
service(s) you have agreed to establish an account with us for
such services. When you use your account or permit someone
else to use your account to purchase or otherwise acquire
access to additional Network Solutions´ service(s) or to
modify or cancel your Network Solutions´ service(s) (even if
we were not notified of such authorization), this Agreement
covers any such service or actions. Any acceptance of your
application(s) for our services and the performance of our
services will occur at our offices in Herndon, Virginia, the
location of our principal place of business. |
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2. SECURITY. When you register a domain name with us
through our e-mail application process, you are responsible
for selecting a security option to protect your domain name
registration records (including your contact records and host
records) from unauthorized changes. There are three levels of
security available for domain name registration records,
contact records and host records: (i) Mail From; (ii)
Encrypted Password (CRYPT-PW); and (iii) Pretty Good Privacy
(PGP). Please review our Web site at http://www.netsol.com/en_US/help/guardian.jhtml
for an explanation of each security option and select the
option that best serves your requirements. |
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3. VARIOUS SERVICES. Paragraphs 1 through 25 are
applicable to any and all of the services you have chosen,
including but not limited to domain name registration
services. The terms and conditions set forth in paragraphs A
through G at the end of this Agreement apply only to customers
who have selected the Network Solutions services referenced in
those paragraphs. |
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4. FEES, PAYMENT AND TERM OF SERVICE. As consideration
for the services you have selected, you agree to pay Network
Solutions the applicable service(s) fees set forth on our Web
site at the time of your selection. All fees are due
immediately and are non-refundable. Initial domain name
registrations, and domain name registrations that have passed
the registration agreement's anniversary date, must be in a
paid status to transfer, delete, modify, or otherwise to
request Network Solutions to affect the domain name record or
to provide domain name services. Domain name registrations in
an unpaid status are routinely deleted on a regular basis.
Network Solutions may take all remedies available to collect
fees owed. If you qualify, we may extend payment terms to you
under our Business Account Credit Program. Unless otherwise
specified, each Network Solutions´ service is for a two-year
initial term and renewable in perpetuity thereafter for
successive one to ten-year terms, as specified during the
renewal process. Any renewal of your services with us is
subject to our then current terms and conditions and payment
of all applicable service fees at the time of renewal and in
the case of domain name reregistration, the domain name
registry´s acceptance of your domain name registration. You
agree that you may not transfer your domain name registration
to another domain name registrar during the first sixty (60)
days from the effective date of your initial domain name
registration with us. We will provide you notice prior to the
renewal of your services at least fifteen (15) days in advance
of the renewal date. You agree that if you paid by credit card
(initially or in connection with a renewal) for any services
provided hereunder, Network Solutions is authorized, but not
obligated, to automatically charge your credit card and renew
the applicable service(s) on or before their renewal date
using the credit card information you have provided to us,
unless you have notified us (as provided herein) that you do
not wish to participate in our automatic renewal process. You
may "opt out" of our automatic renewal process in accordance
with the instructions on our Web site. You are solely
responsible for the credit card information you provide to
Network Solutions and must promptly inform Network Solutions
of any changes thereto (e.g., change of expiration date or
account number). In addition, you are solely responsible for
ensuring the services are renewed. Network Solutions shall
have no liability to you or any third party in connection with
the renewal, including, but not limited to, any failure or
errors in renewing the services. |
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5. ACCURATE INFORMATION. As further consideration for
the Network Solutions service(s), you agree to: (1) provide
certain true, current, complete and accurate information about
you as required by the application process; and (2) maintain
and update this information as needed to keep it current,
complete and accurate. We rely on this information to send you
important information and notices regarding your account and
our services. Our privacy statement, located on our Web site
at http://www.netsol.com/en_US/legal/privacy-policy.jhtml
and incorporated herein by reference sets forth your and our
rights and responsibilities with regard to your personal
information. You agree that we, in our sole discretion, may
modify our privacy statement. We will post such revised
statement on our Web site at least thirty (30) calendar days
before it becomes effective. You agree that, by using our
services after modifications to the privacy statement become
effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modification,
you may terminate this Agreement. We will not refund any fees
paid by you if you terminate your Agreement with us. We will
not process the personal data that we collect from you in a
way incompatible with the purposes and other limitations
described in our privacy statement and we will take reasonable
precautions to protect your personal data from loss, misuse
and unauthorized access, disclosure, alteration or
destruction. You represent and warrant that you have provided
notice to, and obtained consent from, any third party
individuals whose personal data you supply to us as part of
our services with regard to: (i) the purposes for which such
third party´s personal data has been collected, (ii) the
intended recipients or categories of recipients of the third
party´s personal data, (iii) which parts of the third party´s
data are obligatory and which parts, if any, are voluntary;
and (iv) how the third party can access and, if necessary,
rectify the data held about them. You further agree to provide
such notice and obtain such consent with regard to any third
party personal data you supply to us in the future. We are not
responsible for any consequences resulting from your failure
to provide notice or receive consent from such individuals nor
for your providing outdated, incomplete or inaccurate
information. Even if you license the use of our domain name
registration services to a third party, you remain responsible
for complying with all terms and conditions of this Agreement,
and you accept liability for harm caused by such licensee’s
wrongful use of our domain name registration services, unless
you promptly disclose the identity of such license upon
request by any person who provides reasonable evidence of
actionable harm. Subject to the requirements of our privacy
statement, in order for us to comply the current rules and
policies for the domain name system, you hereby grant to
Network Solutions the right to disclose to third parties
through an interactive publicly accessible registration
database the following mandatory information that you are
required to provide when registering or reserving a domain
name: (i) the domain name(s) registered by you; (ii) your name
and postal address; (iii) the name(s), postal address(es),
e-mail address(es), voice telephone number and where available
the fax number(s) of the technical and administrative contacts
for your domain name(s); (iv) the Internet protocol numbers of
the primary nameserver and secondary nameserver(s) for such
domain name(s); (v) the corresponding names of those
nameservers; (vi) the original creation date of the
registration; and (vii) the expiration date of the
registration. We, as are all accredited domain name
registrars, are also required to make this information
available in bulk form to third parties who agree not to use
it to (a) allow, enable or otherwise support the transmission
of mass unsolicited, commercial advertising or solicitations
via e-mail (spam) or (b) enable high volume, automated,
electronic processes that apply to our systems to register
domain names. |
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6. MODIFICATIONS TO AGREEMENT. Except as otherwise
provided in this Agreement, you agree, during the term of this
Agreement, that we may: (1) revise the terms and conditions of
this Agreement; and/or (2) change part of the services
provided under this Agreement at any time. Any such revision
or change will be binding and effective immediately upon
posting of the revised Agreement or change to the service(s)
on Network Solutions´ Web sites, or upon notification to you
by e-mail or United States mail. You agree to periodically
review our Web sites, including the current version of this
Agreement available on our Web sites, 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 us with notice by e-mail or United States mail
addressed as follows, Attention: Registrar Business Affairs,
P.O. Box 525, Herndon, Virginia 20170. Notice of your
termination will be effective on receipt and processing by us.
Any fees paid by you if you terminate your Agreement with us
are nonrefundable, but you will not incur any additional fees.
By continuing to use Network Solutions´ services after any
revision to this Agreement or change in service(s), you agree
to abide by and be bound by any such revisions or changes. We
are not bound by nor should you rely on any representation by
(i) any agent, representative or employee of any third party
that you may use to apply for our services; or in (ii)
information posted on our Web site of a general informational
nature. No employee, contractor, agent or representative of
Network Solutions is authorized to alter or amend the terms
and conditions of this Agreement. |
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7. MODIFICATIONS TO YOUR ACCOUNT. In order to change
any of your account information with us, you must use the
Account Number and the Password that you selected if you
opened your account with us through our online application
process, or the security authentication option that you
selected if you opened your account with us through our e-mail
application process. Please safeguard your Account Number and
Password or security authentication option from any
unauthorized use. In no event will we be liable for the
unauthorized use or misuse of your Account Number or Password
or security authentication option. |
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8. DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a domain name through us, you agree to be bound by
our current domain name dispute policy that is incorporated
herein and made a part of this Agreement by reference. The
current version of the dispute policy may be found at our Web
site: http://www.netsol.com/en_US/legal/dispute-policy.jhtml.
Please take the time to familiarize yourself with that policy.
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9. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree
that we, in our sole discretion, may modify our dispute
policy. We will post any such revised policy on our Web site
at least thirty (30) calendar days before it becomes
effective. 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 modification, you may terminate this Agreement. We will
not refund any fees paid by you if you terminate your
Agreement with us. |
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10. DOMAIN NAME DISPUTES. You agree that, if your use
of our domain name registration services is challenged by a
third party, you will be subject to the provisions specified
in our dispute policy in effect at the time of the dispute.
For any dispute with, or challenge by, a third party
concerning or arising from your use of a domain name
registered with us or your use of our domain name registration
services, you agree to submit to subject matter jurisdiction,
personal jurisdiction and venue of the United States District
Court for the Eastern District of Virginia, Alexandria
Division and the courts of your domicile. You 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 set forth below in this Agreement. If we are
notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name
registration services, you agree not to make any changes to
your domain name record without our prior approval. We may not
allow you to make changes to such domain name record until (i)
we are directed to do so by the judicial or administrative
body, or (ii) we receive notification by you and the other
party contesting your registration and use of our domain name
registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation
regarding your registration and use of our domain name
registration services, we may deposit control of your domain
name record into the registry of the judicial body by
supplying a party with a registrar certificate from us. You
agree that we will comply with all court orders, domestic or
international, directed against you and/or the domain name
registration. |
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11. AGENTS. You agree that, if your agent (e.g., an
Internet Service Provider, employee, etc.) purchased our
service(s) on your behalf, you are nonetheless bound as a
principal by all terms and conditions herein, including the
dispute policy. Your continued use of our services shall
ratify any unauthorized actions of your agent. By acting on
your behalf, your agent certifies that he or she is authorized
to apply for our services on your behalf, that he or she is
authorized to bind you to the terms and conditions of this
Agreement and that he or she has apprised you of the terms and
conditions of this Agreement. In addition, you are responsible
for any errors made by your agent. We will not refund fees
paid by you or your agent on your behalf for any reason,
including, but not limited to, in the event that your agent
fails to comply with the terms and conditions of this
Agreement, your agent incorrectly provides information in the
application process or if your agent changes or otherwise
modifies your domain name record incorrectly. |
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12. NOTICES AND ANNOUNCEMENTS. You authorize us to
notify you as our customer of information that we deem is of
potential interest to you. Notices and announcements may
include commercial e-mails and other notices describing
changes, upgrades, new products and services or other
information pertaining to Internet security or to enhance your
identity on the Internet and/or other relevant matters. If you
do not wish to receive bulk email solicitation notices or
announcements please send us an email at remove@networksolutions.com.
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13. EXCLUSIVE REMEDY. You agree that our entire
liability, and your exclusive remedy, in law, in equity, or
otherwise, with respect to any Network Solutions´ service(s)
provided under this Agreement and/or for any breach of this
Agreement is solely limited to the amount you paid for such
service(s). Network Solutions and its 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 Network Solutions´ 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, our
liability is limited to the extent permitted by law. We
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 Number,
Password or security authentication option; (5) loss or
liability resulting from errors, omissions, or misstatements
in any and all information or service(s) provided under this
Agreement; (6) loss or liability relating to the deletion of
or failure to store e-mail messages; (7) loss or liability
resulting from the development or interruption of your Web
site; (8) loss or liability from your inability to use our dot
com mail service; (9) loss or liability that you may incur in
connection with our processing of your application for our
services, our processing of any authorized modification to
your domain name record or your agents failure to pay any
fees, including the initial registration fee or reregistration
fee; or (10) loss or liability as a result of the application
of our dispute policy. |
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14. INDEMNITY. You agree to release, indemnify, defend
and hold Network Solutions, in our capacities as the registry
and a registrar, and the applicable registry for any top-level
domain in which you are applying for services hereunder, and
any of our or their contractors, agents, employees, officers,
directors, shareholders, affiliates and assigns harmless from
all liabilities, claims, damages, costs and expenses,
including reasonable attorneys´ fees and expenses, of third
parties relating to or arising under this Agreement, the
Network Solutions services provided hereunder, your domain
name registration, or your use of the Network Solutions´
services, including without limitation infringement or
dilution by you, or someone else using our service(s) from
your computer, of any intellectual property or other
proprietary right of any person or entity, or a violation of
any of our operating rules or policies relating to the
service(s) provided. When we are threatened with suit or sued
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
material breach of this Agreement. |
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15. BREACH. You agree that your failure to abide by any
provision of this Agreement, any Network Solutions operating
rule or policy, the dispute policy, or your willful provision
of inaccurate or unreliable information as part of the
application process, or your failure to update your
information to keep it current, complete or accurate, or your
failure to respond for over fifteen (15) calendar days to
inquiries from us concerning the accuracy of the contact
details associated with your domain name registration may be
considered by us to be a material breach and that we may
provide a written notice, describing the breach, to you. If
within ten (10) 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 and/or terminate the other Network
Solutions´ service(s) you are using without further notice. We
will not refund any fees paid by you if we terminate your
Agreement due to your breach. 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. |
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16. NO GUARANTY. You agree that, by registration of
your chosen domain name, such registration does not confer
immunity from objection to either the registration or use of
your domain name. |
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17. REPRESENTATIONS AND WARRANTIES. You agree and
warrant that: (i) the information that you or your agent on
your behalf provide to us during the application process to
register your domain name or to apply for other Network
Solutions´ service(s) is, to the best of your knowledge and
belief, accurate and complete, and that any future changes to
this information will be provided to us in a timely manner
according to the modification procedures in place at that
time, (ii) to the best of your knowledge and belief neither
the registration of your domain name nor the manner in which
you intend to use such domain name will directly or indirectly
infringe the legal rights of a third party, (iii) you have all
requisite power and authority to execute this Agreement and to
perform your obligations hereunder, (iv) you have selected the
necessary security option(s) for your domain name registration
record, and (v) you are of legal age to enter into this
Agreement. You agree that your use of our service(s) is solely
at your own risk. You agree that all of our services are
provided on an "as is," and "as available" basis. |
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18. DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE
NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH OUR DOT COM MAIL SERVICE. YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF OUR DOT COM MAIL 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 ANY OF OUR SERVICES OR ANY
TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
OR THROUGH OUR DOT COM MAIL SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. |
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19. REVOCATION. You agree that we may terminate your
contractual right to use our service(s) if the information
that you are obligated to provide to register your domain name
or register for other Network Solutions service(s), or that
you subsequently modify, contains false or misleading
information, or conceals or omits any information we would
likely consider material to our decision to register your
domain name or to continue to provide you domain name
registration services. Furthermore, you agree that we may
suspend, cancel or transfer your domain name registration
services in order to: (i) correct mistakes made by us or the
registry in registering your chosen domain name, or (ii) to
resolve a dispute under our dispute policy. We will not refund
any fees paid by you if we terminate your services. |
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20. RIGHT OF REFUSAL. We, in our sole discretion,
reserve the right to refuse to register your chosen domain
name or register you for other Network Solutions´ service(s),
or to delete your domain name within the first thirty (30)
calendar days from receipt of your payment for such services.
In the event we do not register your domain name or register
you for other Network Solutions´ service(s), or we delete your
domain name or other Network Solutions´ service(s) within such
thirty (30) calendar day period, we agree to refund any
applicable fee(s) you have paid. You agree that we shall not
be liable to you for loss or damages that may result from our
refusal to register, the deletion your domain name or refusal
to register you for other Network Solutions´ service(s).
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21. SEVERABILITY. You agree that the terms of this
Agreement are severable. If any term or provision is declared
invalid or unenforceable, that term or provision will be
construed consistent with applicable law as nearly as possible
to reflect the original intentions of the parties, and the
remaining terms and provisions will remain in full force and
effect. |
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22. ENTIRETY. You agree that this Agreement, the rules
and policies published by us, the dispute policy and the
privacy statement are the complete and exclusive agreement
between you and us regarding our services. This Agreement, our
rules and policies, the dispute policy and the privacy
statement supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
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23. TRANSFER AND ASSIGNMENT. You may transfer your
domain name registration to a third party of your choice,
subject to the procedures and conditions found at: http://www.netsol.com/en_US/makechanges/rnca/agreement.html,
incorporated herein by reference. Your rights under this
Agreement are not assignable and any attempt by your creditors
to obtain an interest in your rights under this Agreement,
whether by attachment, levy, garnishment or otherwise, renders
this Agreement voidable at our option. |
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24. GOVERNING LAW.Except as set forth in Paragraph 10
concerning domain name disputes brought by a third party, you
agree that this Agreement and any disputes hereunder shall be
governed in all respects by and construed in accordance with
the laws of the Commonwealth of Virginia, United States of
America, excluding its conflict of laws rules. You and we each
agree to submit to exclusive subject matter jurisdiction,
personal jurisdiction and venue of the United States District
Court for the Eastern District of Virginia, Alexandria
Division for any disputes between us under or arising out of
this Agreement. If there is no jurisdiction in the United
States District Court for the Eastern District of Virginia,
Alexandria Division, for any disputes between us under or
arising out of this Agreement you and we agree than
jurisdiction shall be in the Circuit Court of Fairfax County,
Fairfax, Virginia. |
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25. AGREEMENT TO BE BOUND. By applying for a Network
Solutions´ service(s) through our online application process
or by applying for and registering a domain name as part of
our e-mail template application process or by using the
service(s) provided by Network Solutions under this Agreement,
you acknowledge that you have read and agree to be bound by
all terms and conditions of this Agreement and any pertinent
rules or policies that are or may be published by Network
Solutions. |
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SERVICE SPECIFIC TERMS: The following terms apply in
addition to paragraphs 1 through 25 only if you have selected
the particular service described: |
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A. DOT COM MAIL: (i) Description of Service. Network
Solutions is providing you with the facilities that are
capable of sending and receiving electronic mail via the
Internet through a service branded as "dot com mail™". You
must: (1) provide all equipment, including a computer and
modem, necessary to establish a connection to the Internet;
and (2) provide for your own connection to the Internet and
pay any telephone service fees associated with such
connection. Network Solutions has set no fixed upper limit on
the number of messages you may send or receive through the dot
com mail service; however, Network Solutions retains the
right, at Network Solutions´ sole discretion, to restrict the
volume of messages transmitted or received by you in order to
maintain the quality of our services to other customers and to
protect our computer systems. We, in our sole discretion, will
determine whether or not your conduct is consistent with this
Agreement and any Network Solutions operating rules or
policies and may terminate your dot com mail service if your
conduct is found to be inconsistent with this Agreement or
such rules or policies. The dot com mail service is subject to
scheduled (from 12:01am eastern United States time to 2:00 am
eastern United States time every Saturday) and unscheduled
outages which will impact your ability to use the service. We
will use commercially reasonable efforts to restore the
service after any unscheduled outages. Moreover, in order to
receive the dot com mail service we must host your domain name
record. If you transfer your domain name record to a third
party in conjunction with a live web site or for any other
reason or allow your domain name registration to expire, you
will no longer be able to use the dot com mail service. We
will not refund the fees you paid for our dot com mail service
if you elect to transfer your domain name record to a third
party. Your right to use our dot com mail service is personal
to you. You agree not to resell the dot com mail service,
without the prior express written consent of Network
Solutions. (ii) Privacy. Network Solutions will not monitor,
edit or disclose the contents of your private communications
with third parties unless required to do so by law or in the
good faith belief that such action is necessary to: (1)
conform to the law or comply with legal process served on
Network Solutions; (2) protect and defend the rights or
property of Network Solutions; or (3) act under exigent
circumstances to protect the personal safety of our customers
or the public. You acknowledge and agree that Network
Solutions neither endorses the contents of any of your
communications nor assumes responsibility for such content,
including but not limited to any threatening, libelous,
obscene, harassing or offensive material contained therein,
any infringement of third party intellectual property rights
arising therefrom or any crime facilitated thereby. You
acknowledge and agree that certain technical processing of
e-mail messages and their content may be required to: (1) send
and receive messages; (2) conform to connecting networks´
technical requirements; (3) conform to the limitations of the
dot com mail service; or (4) conform to other similar
requirements. (iii) Customer Conduct. You are solely
responsible for the content of your transmissions through the
dot com mail service. You agree to comply with all applicable
local, state, national and international laws and regulations
regarding e-mail communications and use. You agree: (1) to
comply with U.S. law regarding the transmission of technical
data exported from the United States through the dot com mail
service; (2) not to use the dot com mail service for illegal
purposes; and (3) not to interfere with or disrupt networks
connected to the dot com mail service. You agree not to use
the dot com mail service for sending chain letters, or any
other electronic mail message to promote (directly or
indirectly) the sale or other distribution of goods or
services to a recipient with whom you do not have an existing
or previous business or personal relationship or for any use
of distribution lists to any person who has not given specific
permission to be included in such a process. You agree not to
transmit through the dot com mail service any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable material of any kind or
nature. You further agree not to transmit any material that
encourages conduct that could constitute a criminal offense,
gives rise to civil liability or otherwise violates any
applicable local, state, national or international law or
regulation. Attempts to gain unauthorized access to other
computer systems are prohibited. You agree not to interfere
with another customer´s use and enjoyment of the dot com mail
service or another entity´s use and enjoyment of similar
services. Network Solutions´ outsourcing contractor, Critical
Path, Inc. or its successor, shall be an intended third party
beneficiary of the dot com mail service customer´s obligations
under this Agreement and thus shall be entitled to enforce
those obligations against you as if a party to this Agreement.
Network Solutions may, at its sole discretion, immediately
terminate the dot com mail service if your conduct fails to
conform with these terms and conditions with no obligation to
refund fees paid. You agree that Network Solutions shall under
no circumstances be held liable on account of any action it
takes, in good faith, to restrict transmission of material
that it or any user of the dot com mail service considers to
be obscene, lewd, lascivious, filthy, excessively violent,
harassing, or otherwise objectionable, whether or not such
material is constitutionally protected. |
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B. STARTER WEB PAGE SERVICE (i) Description of Service.
Network Solutions is providing you with a capability to create
a single page Web site that can be a "virtual" business card
through a service provided by us or our outsourcing
contractor. You can create and customize your Starter Web Page
using templates and tools located on our Web site, or our
outsourcing contractor´s Web site. (ii) Customer Conduct. You
are solely responsible for the content you furnish for
inclusion in your Starter Web Page. Network Solutions cannot
and does not design, review or screen content provided in
Starter Web Pages by you and does not assume any obligation to
monitor such content. However, you agree that we may review
your Starter Web Page in responding to a third party complaint
or for any other reason, and we reserve the right in our sole
discretion to remove your Starter Web Page from service
without notice and with no obligation to refund fees paid if
we determine your Starter Web Page is unsuitable or being used
for any unlawful or harmful purpose, as determined in our sole
discretion. The content in your Starter Web Page may be deemed
by us to be unsuitable if, in our view, it: a. contains,
promotes or links to sexually explicit or violent material; b.
promotes, depicts or links to material that promotes or
depicts discrimination based on race, gender, religion,
national origin, physical or mental disability, sexual
orientation, or age; c. contains unlawful material, including
but not limited to materials that may violate another´s
intellectual property rights, or links to a site that contains
such material; d. contains information or promotes or links to
a site that provides information regarding or promoting
illegal activity; e. is considered by us or any person with
access to such content to be obscene, lewd, lascivious,
filthy, excessively violent, harassing or otherwise
objectionable, whether or not such material is
constitutionally protected; or f. is deemed by us to be
unsuitable for any other reason. |
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You understand that we reserve the right to conclude that your
Starter Web Page has content that is unsuitable in accordance
with our standards, and we may come to such a conclusion even
if it is based upon our opinion or mere suspicion or belief,
without any duty to prove that our opinion or suspicion is
well-founded and even if our opinion or suspicion is proven
not to be well-founded or if we provide other customers
Starter Web Pages despite such web pages having the same or
similar characteristics as your Starter Web Page . You also
understand that by providing you the Starter Web Page service,
Network Solutions in no way endorses your Starter Web Page or
deems your content to be suitable under the terms of this
Agreement. |
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C. DOT COM FORWARDING SERVICE. Description of Service.
Network Solutions is providing you with the capability to
forward users or visitors whom type in a specific domain name
to another domain name designated by you through a service
branded as "dot com forwarding™". You represent and warrant
that you have the necessary rights to use the dot com
forwarding service to forward, point, alias or resolve your
domain name(s) to the other domain name designated by you in
ordering such services.You agree that we, in responding to a
third party complaint or for any other reason, reserve the
right in our sole discretion to suspend or terminate your dot
com forwarding service without notice and with no obligation
to refund fees paid if we determine the dot com forwarding
service is forwarding users to a website or URL that is
unsuitable or being used for any unlawful or harmful purpose,
as determined in our sole discretion. |
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D. ADDITIONAL TERMS APPLICABLE TO REGISTRANTS OF .TV, .CC,
.BZ, .NU AND .WS DOMAIN NAMES. Your registration of a
domain name in the .TV, .CC, .BZ, .NU or .WS top level domain
("New TLD Domain Name"), is subject to policies established or
revised from time to time by such New TLD Domain Name’s
respective registry ("New TLD Registry"), in its capacity as
the registry for its respective Top Level Domain. Each
respective New TLD Registry's current policies ("New TLD
Registry Policies") are available for you to review at each
New TLD's respective website (for example, the registry policy
for .nu can be found at http://www.nunames.nu/about/terms.cfm
and the registry policy for .bz can be found at http://www.belizenic.bz/terms.php.
You agree to be bound by and comply with the applicable New
TLD Registry Policies, including amendments and modifications
thereto, with respect to your New TLD Domain Name
registration. Such policies shall not alter the terms and
conditions of this Service Agreement. To the extent there is a
conflict between the New TLD Registry policies and the terms
of this Service Agreement, the terms of this Service Agreement
shall prevail. You agree that the New TLD Registry has the
right to enforce the New TLD Registry Policies. |
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E. SPECIAL NOTICE AND DISCLAIMER FOR MULTILINGUAL DOMAIN
NAME REGISTRATIONS. Notwithstanding anything contained
herein to the contrary, you acknowledge and agree as follows:
A Multilingual Domain Name ("MDN") and the underlying encoding
schemes, protocols and other technologies that enable MDNs to
function on the Internet, are currently experimental and have
not necessarily been approved by Internet standard-setting
bodies, including without limitation the Internet Engineering
Task Force, the Multilingual Internet Names Consortium, and
the Internet Architecture Board. We currently are making MDN
registration services available to you as part of our
participation in a test bed ("Test Bed") being conducted by
VeriSign Global Registry Services, the central registry of
second level domain names in the .com, .net and .org Top Level
Domains. The test bed is being conducted for the purpose
testing proposed standards for deployment of MDN technology
and to provide operational experience with those proposed
standards. |
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WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE
ENCODING SCHEMES, PROTOCOLS AND OTHER MDN-ENABLING
TECHNOLOGIES, WHETHER PROVIDED BY US OR OTHERWISE, WILL BE
APPROVED BY INTERNET STANDARD-SETTING BODIES OR OTHERWISE
SUCCESSFULLY DEPLOYED. WE EXPRESSLY DISCLAIM ANY WARRANTY THAT
THE TEST BED WILL CONTINUE OR THAT OUR MDN REGISTRATION SYSTEM
WILL INTEROPERATE PROPERLY WITH THE CURRENT OR FUTURE TEST BED
OR THE MDN-ENABLING TECHNOLOGIES OF OTHERS. |
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You assume all risks inherent in the experimental nature of
this service and the technologies supporting it. The encoding
schemes, protocols and other MDN-enabling technologies are not
within our control and are subject to change without notice.
You assume all risks that such changes may impair or prevent
your ability to use the MDN you have registered. You further
understand and agree that we may interrupt or deny MDN
registration services to you, temporarily or permanently, as a
result of such changes. You further assume all risks that the
Internet addressing system will not recognize an MDN you have
registered or otherwise will not enable such MDN to function
as an Internet address. |
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We may, but shall not be obligated to, make any and all
modifications to an MDN registration, including without
limitation changing the MDN´s ASCII-based translation, that we
deem necessary or appropriate for the purpose of bringing an
MDN registration into conformance with evolving technical
standards. Such modifications may be made without notice to
you. In the event we elect to make such modifications, you
agree to hold us harmless from any claims, liabilities or
demands arising from such modifications. Before registering an
MDN, we strongly recommend that you review and become familiar
with the "Multilingual Domain Name Position Paper," published
on the website of VeriSign Global Registry Services, currently
located at the following url: http://www.verisign-grs.com/.
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You specifically acknowledge and agree that an MDN shall be
considered a domain name for purposes of the Domain Name
Dispute Policy and the provisions relating thereto in this
Agreement. Notwithstanding anything to the contrary contained
in the Domain Name Dispute Policy, you agree that during the
Test Bed we may terminate your registration of an MDN in our
sole discretion without notice to you if, within 45 days of
your registration, we receive a formal, written objection to
the registration by any legitimate authority, including
without limitation a trademark owner or governmental entity.
Our right of termination under this provision shall continue
until such time as: (1) VeriSign Global Registry Services
publicly announces that its Test Bed is complete; and (2) we
determine in our sole discretion that all of the encoding
schemes, protocols and other MDN-enabling technologies that
are used to provide your MDN registration services have been
approved by appropriate standard-setting bodies. |
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F. ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION
WITH .BIZ TLD. |
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1. Additional Representations and Warranties. If you
are applying for the registration of a domain name in the .biz
top-level domain ("TLD"), you also represent and warrant that:
(i) the domain name will be used primarily for bona fide
business or commercial purposes and not (a) exclusively for
personal use or (b) solely for the purposes of selling,
trading or leasing the domain name for compensation, or the
unsolicited offering to sell, trade or lease the domain name
for compensation; and (ii) the domain name is reasonably
related to your business or intended commercial purpose at the
time of registration. |
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2. Acknowledgment of Dispute Policies and Rules. The
registrant acknowledges having read and understood and agrees
to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are
hereby incorporated and made an integral part of this
Agreement: |
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(i) The Uniform Domain Name Dispute Policy,
available at http://www.icann.org/udrp/udrp.htm;
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(ii) The Start-up Trademark Opposition Policy
("STOP"), available at http://www.neulevel.com/countdown/stop.html;
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(iii) The Restrictions Dispute Resolution Criteria
and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
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If at the time of your application for services in the .biz
TLD, any of the above policies or rules (collectively ".biz
Policies") have not yet been approved by ICANN (which may mean
the .biz Policies are not available for viewing via live
hyperlinks above), you agree to be bound by the terms of such
.biz Policies upon such approval and in the final form
approved by ICANN, as posted on our Web site or the ICANN Web
site (located at http://www.icann.org/). You
agree that, by maintaining the services provided hereunder
(which may include registration of a domain name) after such
posting of any of the ICANN approved .biz Policies, you have
agreed to the terms and conditions of the same. You
acknowledge that if you do not agree to the .biz Policies, you
may terminate this Agreement. We will not refund any fees paid
by you if you terminate your Agreement with us. |
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3. Registry Actions or Inactions. Our ability to
provide services to you depends in part upon the provision of
services by third parties, such as the .biz registry. We
cannot control and will not be responsible for the actions or
inactions of such third parties. For example, the .biz
registry has reserved the right to deny, cancel or transfer
any domain name registration under certain circumstances. You
acknowledge and agree that we shall not be liable to you or
any other party in connection with claims, damages, losses,
expenses or costs incurred or suffered by you as a result of
actions taken or not taken by third parties, including, but
not limited to, the .biz registry. |
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4. Multiple Phases of Services. Your application or
registration (whether successful or not) for any .biz registry
or .biz TLD services hereunder does not guarantee, and we do
not promise, that you will be approved or eligible for any
other services available or that may become available through
us or any third party. For example, certain services in the
.biz TLD are provided in sequential phases, and participation
in one phase, does not automatically qualify you for
participation in other phases, and any further participation
is not automatic. The .biz registry, and not Network
Solutions, determines the dates and times associated with the
various service phases available in the .biz TLD. You agree to
review and become familiar with the information available on
our Web site and on the .biz Web site concerning the various
phases and descriptions of services available in connection
with .biz TLD, and to regularly check for modifications and/or
updates to such information, as the same may change from time
to time. You agree that you are solely responsible for
applying and/or registering for the service phases you desire
to participate in. Additionally, you acknowledge and agree
that submission of an application for domain name registration
or any other services, does not guarantee that you will
ultimately be the registrant for a particular domain name,
even if you participated in some other service associated with
the domain name, such as an intellectual property notification
service or similar service. |
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5. Additional Acknowledgments Concerning Customer
Information. You also acknowledge and agree that Network
Solutions will share with the .biz registry certain
information submitted by you in your application(s) for our
services, as required by our agreement(s) with the .biz
registry or to provide the services you have applied for. You
acknowledge and agree that any information we share with the
.biz registry may be used by them to fulfill the .biz
registry’s service obligations to us or any third party. You
hereby grant us and the .biz registry a limited, royalty-free,
non-exclusive worldwide license to use all of the data
contained in a Trademark |
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6. Disclaimer Concerning Intellectual Property Notification
Service. Your participation in an intellectual property
notification service or similar service DOES NOT PROVIDE YOU
WITH ANY INTELLECTUAL PROPERTY PROTECTIONS OR REGISTRATIONS,
NOR DOES IT PROVIDE YOU WITH ANY RIGHTS TO ANY PARTICULAR
DOMAIN NAME REGISTRATION. THIS IS A NOTIFICATION SERVICE ONLY.
EVEN IF YOU PARTICIPATE IN THIS SERVICE, YOU MUST STILL SUBMIT
AN APPLICATION FOR DOMAIN NAME REGISTRATION SERVICES TO BE
ELIGIBLE TO BECOME THE REGISTRANT FOR THE DESIRED DOMAIN
NAME(S). |
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7. Survival of Terms. In addition to the provisions of
the Agreement that by their very nature survive the
termination of this Agreement (and without otherwise limiting
the survivability of such provisions), you agree that the
indemnity provisions set forth in this Agreement shall survive
any termination of the Agreement. |
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8. Terms of Use for IP Claim Service. The following
additional terms apply specifically to the Intellectual
Property Claim Service (in this Section F8 of the Agreement,
the "Service") made available in the .biz TLD (for purposes of
this Section F8, "Owner" shall mean the owner of a registered
or common law trademark or service mark and "Agent" shall mean
the duly authorized agent of an Owner (collectively "You"),
and "Registrar" shall mean Network Solutions): |
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(a). The Service. Registrar provides the Service to
holders of both registered and common law trademarks or
service marks (collectively "Trademarks"). During the domain
name application process, applicants for a .biz domain name
("Applicants") will be notified of an Owner’s alleged
intellectual property rights in a Trademark if the domain name
contained in the domain name application is an exact match of
the Trademark identified in an IP Claim (as defined below)
submitted by Owner. You may review frequently asked questions
regarding the Service by reviewing our FAQs. |
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(b). Registration, Password and Security. To use the
Service, You may be asked to first create an account and
obtain a login name and password. You must provide Registrar
with accurate, complete and current registration information
and must update this information promptly if it changes. You
represent and warrant that You are at least eighteen (18)
years of age or older and are either an Owner or an Agent duly
authorized to represent an Owner(s) in connection with the
Service and submitting an IP Claim on behalf of an Owner(s).
Agent will indemnify and hold harmless Registrar and its
officers, directors, employees, agents, affiliates and
subcontractors for any claims brought by Owner or Third
Parties relating to the use of the Service. You are solely
responsible for maintaining the confidentiality of Your login
name and password. You must immediately notify Registrar of
any unauthorized use of Your login name and You are
responsible for any unauthorized activities, charges and/or
liabilities made on or through Your login name until we
receive such notification. You may not transfer or lend login
names to any other third party. |
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(c). License to Use Data / Privacy. By submitting an IP
Claim, You hereby grant Registrar, as well as any of its
agents or subcontractors, and the .biz registry, a limited,
royalty-free, non-exclusive worldwide license to use all of
the data contained in the IP Claim solely for the purposes of
implementing the Service, processing Your IP Claim, notifying
Applicants of Your IP Claim, and for notifying You of changes
to the Service, and for archival purposes. |
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(d). The IP Claim Process. In order to submit a claim
with respect to a Trademark or Trademarks ("IP Claim") through
the Service, You must complete an IP Claim form for each
Trademark. For each IP Claim, You must submit complete contact
information, representative contact information and
notification details, and the details regarding the Trademark.
You may specify in the representative field that an Agent may
receive legal correspondence regarding the IP Claim. Once You
have submitted an IP Claim, you will receive a confirmation
email and a claim number. You must retain the claim number for
each IP Claim You submit. Registrar will accept IP Claims
until July 9, 2001, or such later date as it may determine in
its sole discretion ("Close of Phase I") and no IP Claims will
be accepted after that date. From the Close of Phase I until
September 25, 2001 ("Phase 2"), or such other later date as
Registrar may choose, in its sole discretion, the domain name
applications from ICANN-approved registrars ("Applications")
will be compared with the database of IP Claims processed
through the Service ("IP Claim Database"). For each exact
match between an IP Claim in the IP Claim Database and a
domain name application, the Registry Operator for .Biz
("Registry Operator") will notify the Applicant that a third
party or third parties have submitted an IP Claim for the
exact Trademark. The email notification to the Applicant will
include, among other things, the information provided by Owner
in the IP Claim, instructions on how to proceed with the
registration process, and that if selected during the
randomized name selection phase ("Name Selection Phase"), the
domain name will be placed on a temporary thirty (30) day hold
when the Registry goes "live." The Applicant will have the
option to proceed with the Application or cancel the
Application. If the Applicant does not respond to the email
notification, or elects to cancel the Application, the
Applicant’s domain name application will not be processed
during the Name Selection Phase. If the Applicant chooses to
proceed with the registration process and the name is selected
during the Name Selection Phase, that domain name
automatically will be placed on a thirty (30) day "hold
period" when the name is registered. After Name Selection, the
Owner will be notified by Registry Operator if an Applicant
has successfully registered the domain name. The Owner will
then have the option of contacting the Applicant and finding a
solution or using the guidelines set forth by a special
dispute resolution process called the Start-up Trademark
Opposition Policy ("STOP") (formerly referred to as the
Start-up Dispute Resolution Policy or "SUDRP") (information
available at http://www.neulevel.com/countdown/stop.html),
or the Uniform Domain-Name Dispute Resolution Procedures
("UDRP") (information is available at http://www.icann.org/udrp/udrp-policy-24oct99.htm).
You will not be notified if there are no Applications that
exactly match an IP Claim You submitted in the IP Claim
Database. |
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USE OF THE SERVICE DOES NOT GUARANTEE THAT
AN OWNER WILL BE AWARDED THE .BIZ EXTENSION FOR ITS TRADEMARK.
AN OWNER THATWISHES TO OBTAIN A .BIZ EXTENSION FOR ITS
TRADEMARK MUST FILE A DOMAIN NAME APPLICATION. DOMAIN NAME
APPLICANTS WILL ONLY BE NOTIFIED OF APPLICATIONS THAT ARE
EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN AN IP CLAIM FORM.
REGISTRAR WILL NOT VERIFY WHETHER A TRADEMARK CLAIMED ON AN IP
CLAIM FORM CORRESPONDS WITH AN ACTUAL, LEGAL OR VALID
TRADEMARK, NOR WILL REGISTRAR PROVIDE ANY LEGAL OVERSIGHT OR
ADJUDICATION FOR ANY DISPUTED INTELLECTUAL PROPERTY IMPLICATED
BY THE SERVICE. |
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(e). Conduct. You may access and use the Service for
lawful purposes only and you are solely responsible for the
knowledge and adherence to any and all laws, statutes, rules
and regulations pertaining to Your use of the Service. You
agree that You will not (i) use the Service to commit a
criminal offense or to encourage conduct that would constitute
a criminal offense or give rise to a civil liability, or
otherwise violate any local state, Federal or international
law or regulation; (ii) upload or otherwise transmit any
content that You do not have a right to transmit under any law
or contractual or fiduciary duty; (iii) interfere or infringe
with any trademark or proprietary rights of any other party;
(iv) interfere with the ability of other users to access or
use the Service; (v) claim a relationship with or to speak for
any individual, business, association, institution or other
organization for which You are not authorized to claim such a
relationship; (vi) interfere with or disrupt the Service or
servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks
connected to the Service; or (vii) reproduce, duplicate, copy,
use, distribute, sell, resell or otherwise exploit for any
commercial purposes any portion of the Service. |
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(f). Fees. As consideration for the Service, You agree
to pay Registrar, or its agents or subcontractors, as the case
may be, an IP Claim fee for each IP Claim submitted through
the Service by credit card through its online payment system.
Such fee shall be due immediately and is non-refundable.
Registrar, or its agents or subcontractors, may take all
remedies to collect fees owed. Registrar, or its agents or
subcontractors may require you to submit and pay for each IP
Claim individually or it may allow you store up a certain
number of IP Claims before submitting them for processing.
Once you have stored that number of IP Claims, you may not be
able to store any additional IP Claims and may need to submit
them for processing and pay the applicable fee before
obtaining additional storage space. No refunds are permitted.
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(g). Agents. You agree that, if Your agent (e.g., an
attorney, employee, etc.) submits an IP Claim on Your behalf,
You are nonetheless bound as a principal by all Terms of Use
herein. Your continued use of the Services shall ratify any
unauthorized actions of Your agent. By acting on Your behalf,
Your agent certifies that he or she is authorized to use the
Service on Your behalf, that he or she is authorized to bind
You to these Terms of Use and that he or she has apprised You
of these Terms of Use of this Agreement. In addition, You are
responsible for any errors made by Your agent. Registrar will
not refund fees paid by You or Your agent on Your behalf for
any reason, including, but notlimited to, in the event that
Your agent fails to comply with these Terms of Use, Your agent
incorrectly provides information in the IP Claim process or if
Your agent changes or otherwise modifies Your IP Claim
incorrectly. |
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(h). Copyright. You acknowledge that the Service, any
underlying technology used in connection with the Service, and
all software, material, information, communications, text,
graphics, links, electronic art, animations, audio, video,
photos, and other data (collectively, the "Content") available
within the Service are provided by Registrar or third-party
providers and are the copyrighted works of Registrar and/or
such third parties. Except as expressly authorized by
Registrar or such third parties in these Terms of Use or as
may be posted on the Service, You may not copy, reproduce,
publish, distribute, modify, create derivative works of, rent,
lease, sell, transfer, display, transmit, compile or collect
in a database, or in any manner commercially exploit any part
of the Content or the Service, in whole or in part. You may
not store any significant portion of any Content or the
Service owned by, or licensed to Registrar in any form,
whether archival files, computer-readable files, or any other
medium. You also may not "mirror" any Content or the Service
on any other server. Registrar encourages you to download and
print a reasonable number of copies of an IP Claim for
noncommercial, internal use only; provided that (i) any
permitted copies contain, in unmodified form, any copyright or
other proprietary rights notices and an original source
attribution to the Service; and (ii) no modifications are made
except as may be expressly provided by Registrar. |
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(i). Links. Some links on the Service lead to sites
posted by independent site owners. Because Registrar has no
control over these sites, it cannot be responsible for such
sites’ accessibility via the Internet and does not endorse
products, services, or information provided by such sites. As
such, Registrar shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with, use or reliance on any
content, goods or services available on or through any other
site. Further, the inclusion of these links does not imply
that the other sites have given permission for inclusion of
these links, or that there is any relationship between
Registrar and the linked sites. |
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(j). Disclaimer of Warranty, Limitation of Liability.
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT
YOUR OWN RISK. NEITHER REGISTRAR NOR ITS PARENTS,
SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR
CONTENT WITHIN THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS
IS, "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSES AND NON-INFRINGEMENT. IN NO EVENT WILL
REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS,
MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR
SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT
YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE,
INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED
PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES
THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA,
UNAUTHORIZED USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS,
DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS,
PROGRAMS OR SERVICES. YOU AGREE THAT THE FOREGOING LIMITATIONS
OF LIABILITY REPRESENT A REASONABLE ALLOCATION OF RISK. IN NO
EVENT, SHALL REGISTRAR BE LIABLE TO YOU FOR ANY AMOUNT
EXCEEDING THE AMOUNT OF FEES PAID BY YOU FOR THE APPLICABLE IP
CLAIM. |
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(k). Indemnification. You agree to indemnify and hold
harmless Registrar and its parents, subsidiaries,
shareholders, members, officers, directors, employees,
affiliates, agents and subcontractors from any claim or
demand, including reasonable attorney’s fees made by any third
party due to or arising out of Your use of the Service, your
breach of these Terms of Use, any Content submitted to the
Service, or any disputes involving the intellectual property
rights of the Trademarks. |
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(l). Modifications to the Service. Registrar reserves
the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that will not
be liable to You or to any third party for any modification,
suspension, or discontinuation of the Services. |
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(m). Termination. You may discontinue Your
participation in and access to the Service at any time. These
Terms of Use will continue to apply to all past use of the
Service by You, even if You are no longer using the Service.
You acknowledge and agree that Registrar may terminate or
block Your use of all or part of the Service without prior
notice for any reason, including, without limitation, if
Registrar believes You have engaged in conduct prohibited by
these Terms of Use. You agree that upon termination or
discontinuance for any reason, may delete all information
related to You on the Service and may bar Your access to and
use of the Service. |
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(n). Third Party Beneficiary. Registry Operator
("NeuLevel") is an intended third party beneficiary of these
Term and Conditions with rights to enforce these Terms of Use.
You will cooperate in good faith with NeuLevel or Registrar in
investigating instances of non-compliance with these Terms of
Use, if NeuLevel or Registrar believes in good faith that you
are not in compliance with these Terms of Use. |
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(o). Subcontractors. In the course of providing the IP
Claim Service, Registrar may retain independent contractors or
assign or subcontract to or otherwise have any third party
perform any or all of the IP Claim Service at any time,
provided that Registrar shall continue to remain responsible
for full performance of any such duties to the same extent as
if it had performed the IP Claim Service itself. |
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(p). You agree that Registrar and Registry Operator are not
responsible for checking, verifying or editing message
content or completeness, or for detecting errors or anomalies,
or for recreating or re-transmitting data. |
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G. ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION
WITH .INFO TLD. |
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1. Additional Provisions. You acknowledge and agree to
the following: (i) you acknowledge and agree that Network
Solutions will share with the .info registry certain
information submitted by you in your application(s) for our
services, and you consent to the use, copying, distribution,
publication, modification and other processing of your
personal data by the .info registry and its designees and
agents in connection with the .info registry’s service
obligations to us or third parties, or as otherwise deemed
necessary by the .info registry; (ii) you agree to submit to
proceedings commenced under the Uniform Domain Name Dispute
Resolution Policy ("UDRP") and the Sunrise Dispute Resolution
Policy ("SDRP") (available at http://www.afilias.info/faq/sunrise-challenge.html),
as these may be modified from time to time; (iii) you agree to
immediately correct and update the registration information
for any domain name registered hereunder during the
registration term for such registered domain name; and (iv)
you acknowledge that the .info registry will have no liability
of any kind for any loss or liability resulting from the
proceedings and processes relating to the Sunrise Period or
the Land Rush Period, including, without limitation: (a) the
ability or inability of a registrant to obtain a registered
domain name during these periods, and (b) the results of any
dispute over a "Sunrise Registration." |
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If at the time of your application for services in the .info
TLD, the SDRP has not yet been approved by ICANN (which may
mean the SDRP is not available for viewing via live hyperlink
above), you agree to be bound by the terms of the SDRP upon
such approval and in the final form approved by ICANN, as
posted on our Web site or the ICANN Web site (located at http://www.icann.org/). You
agree that, by maintaining the services provided hereunder
after such posting of any of the ICANN approved SDRP, you have
agreed to the terms and conditions of the same. You
acknowledge that if you do not agree to the SDRP, you may
terminate this Agreement. We will not refund any fees paid by
you if you terminate your Agreement with us. |
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2. Registry Actions or Inactions. Our ability to
provide services to you depends in part upon the provision of
services by third parties, such as the .info registry. We
cannot control and will not be responsible for the actions or
inactions of such third parties. For example, the .info
registry has reserved the right to refuse or cancel any
Sunrise Registration at any time and to request additional
information relating to a Sunrise Registration. You
acknowledge and agree that we shall not be liable to you or
any other party in connection with claims, damages, losses,
expenses or costs incurred or suffered by you as a result of
actions taken or not taken by third parties, including, but
not limited to, the .info registry. |
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3. No Guarantee on Registration. The .info registry,
and not Network Solutions, determines the dates and times
associated with the various service periods available in the
.info TLD. You agree to review and become familiar with the
information available on our Web site and on the .info Web
site concerning the various periods and descriptions of
services available in connection with .info TLD, and to
regularly check for modifications and/or updates to such
information, as the same may change from time to time. You
agree that you are solely responsible for applying and/or
registering for the service periods you desire to participate
in. You acknowledge and agree that submission of an
application for domain name registration or any other services
(regardless of when submitted), does not guarantee that you
will ultimately be the registrant for a particular domain
name. |
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4. Disclaimer Concerning Intellectual Property
Protection. Your application for a Sunrise Registration
DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY
PROTECTIONS OR REGISTRATIONS. |
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5. Use of Other Registrars. You agree that we may, but
are not obligated to, submit your registration application
and/or information through another ICANN accredited registrar
("Third Party Registrar") if we believe, in our sole
discretion, that doing so will provide you with a better
opportunity for successfully registering a .info domain name.
Should our submission result in the registration of a .info
domain name for you, you acknowledge and agree that you will
also then be a customer of the Third Party Registrar through
which your domain name is registered. If we do submit your
registration application and/or information through a Third
Party Registrar, and a .info domain name is registered to you
through that Third Party Registrar, you agree that in addition
to your agreement with Network Solutions, you agree to be
bound by the following terms and conditions in this Agreement
with respect to the Third Party Registrar for so long as you
are receiving registration services through that Third Party
Registrar: |
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(a) Section 1; |
(b) Sections 4 through 25; and |
(c) Paragraph G at the end of the Agreement. |
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You agree that Network Solutions shall have the right, but not
the obligation, to submit a change of registrar request to the
Third Party Registrar, if any, through which your domain name
is registered to transfer the sponsorship of your domain name
to Network Solutions at any time after the expiration of 60
calendar days from the registration of the domain name, and
you hereby authorize and direct Network Solutions to effect
such a transfer if Network Solutions decides, in its sole
discretion, that it wishes to effect such a transfer. You will
not be required to pay any transfer or new service fees to
effect the transfer. |
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H. ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION
WITH .NAME TLD. |
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1. Eligibility Requirements. You represent and warrant that
every registration you are applying for in the .name TLD
satisfies the eligibility requirements ("Eligibility
Requirements") established by Global Name Registry Ltd., the
registry for the .name TLD, which are available at the
following URL: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
2. Dispute Resolution Policies. You agree that every
service for which you register is subject to the Uniform
Domain Name Dispute Resolution Policy (the "UDRP") and the
Eligibility Requirements Dispute Resolution Policy (the
"ERDRP"), which are located at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
Without limiting the foregoing, you agree that (i) every
Defensive Registration is subject to challenge pursuant to the
ERDRP; (ii) if a Defensive Registration is successfully
challenged pursuant to the ERDRP, the Defensive Registration
Holder will pay the challenge fees; (iii) if a challenge to a
Defensive Registration is successful, the Defensive
Registration will be subject to the procedures described in
the ERDRP and the Eligibility Requirements including, without
limitation, the cancellation of the Defensive Registration
Holder's other Defensive Registrations; and (iv) if a Phase I
Defensive Registration (as defined by the .name registry) is
successfully challenged on the basis that it does not meet the
applicable eligibility requirements, the Defensive
Registration Holder will thereafter be required to
demonstrate, at its expense, that it meets the eligibility
requirements for Phase I Defensive Registrations for all other
Phase I Defensive Registrations that it registered within
.name through any registrar. In the event the Defensive
Registration Holder is unalbe to demonstrate the foregoing
with respect to any such Phase I Defensive Registration(s),
those Defensive Registration(s)will be cancelled. 3.
Limitation of Liability. In addition to the other limitations
of liability contained herein, you agree that neither the
.name registry nor Network Solutions shall have any liability
of any kind for any loss or liability resulting from (i) the
processing of registration requests prior to live SRS launch,
including, without limitation, your ability or inability to
obtain a Registered Name, a second-level domain e-mail address
registration (an "SLD E-mail Address"), a Defensive
Registration, or a NameWatch Registration using the services
provided by Network Solutions or the .name registry; or (ii)
any dispute over any Registered Name, SLD E-mail Address,
Defensive Registration or NameWatch Registration, including
any dispute resolution proceeding related to any of the
foregoing. |
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This is Network Solutions Service Agreement Version Number
5.8. | | |