GENERAL SERVICES
This Service Agreement ("Agreement") applies to the purchase
from Trusted Web Host™ and its affiliates
(collectively, "Trusted Web Host™ ") of all
services selected by Customer on the Order Form and the Domain
Name Registration Form, as applicable, (collectively, the
"Services"); provided, however, if Customer is also ordering colocation and/or web site production services, Customer is
also required to sign the agreements specific to those
services. Trusted Web Host™ reserves the right
to modify its network and facilities used to provide the
Services for purposes any reason, including, but not limited
to, accommodating evolving technology and increased network
demand, and providing enhanced services. Trusted Web Host™ shall use reasonable efforts to notify
Customer of any planned changes to Trusted Web Host™ 's network or facilities that may adversely
affect the Services provided hereunder. This agreement does
not apply to customers which resell Trusted Web Host™ services. Such resellers must sign the
Trusted Web Host™ Reseller Agreement.
TERM AND CANCELLATION POLICY
This Agreement shall commence on the date of Trusted Web Host™ 's acceptance hereof and continue for a term
which corresponds to the payment option specified by Customer
on the Order Form or Domain Name Registration Form, as
applicable (the "Initial Term"). This Agreement will be
automatically renewed for a similar term at the end of the
Initial Term or any renewal there of not less than five (5)
days prior to the end of the then current term (a) customer
notifies Trusted Web Host™ in writing that it
elects a different payment option and thereafter the new
payment option shall control the term or (b) either party
provides written notice to the other of its election to
terminate this Agreement at the end of the then current term.
If Customer cancels any services it shall remain obligated to
pay all fees due therefore for the remaining portions of the
current term, and if Trusted Web Host™ has
purchased any equipment on behalf of Customer, including but
not limited to circuits and/or routers, Customer shall assume
responsibility for the payments for such equipment. In the
case of credit card orders, all termination requests should be
signed by Customer's primary contact person on the account who
must provide the last four digits of the credit card on file
with Trusted Web Host™ . Trusted Web Host™ shall not be liable for unauthorized
termination of an account. Any termination by
Trusted Web Host™ or Customer shall not
relieve Customer of its obligation to pay fees incurred prior
to such termination. Trusted Web Host™
reserves the right to terminate this Agreement without cause
prior to the end of the term upon thirty (30) days written
notice to Customer.
30 DAY MONEY BACK GUARANTEE - Virtual Server Solutions only
If at any time during the first 30 days of hosting, starting
on the day the order was initially accepted the customer
notifies Trusted Web Host™ that it is
dissatisfied with Trusted Web Host™ 's hosting
services and wants Trusted Web Host™ to
terminate such hosting services, Trusted Web Host™
will forthwith terminate its hosting services and will refund
100% of all Hosting fees paid by the customer to
Trusted Web Host™ . This "fee" refund does not
include; setup, domain name registration, excessive bandwidth,
and/or termination fee.
All Refunds will be made to the credit card the initial charge
was made on. To obtain a refund simply send an e-mail to
support@trustedwebhost.com from the e-mail account you opened
the account with (for security purposes), requesting a
cancellation of service. Please provide your account number,
and domain name(s). If you have any questions about the
cancellation process, please e-mail us at support@trustedwebhost.com.
BILLING AND PAYMENT
Pricing: During the term of this Agreement, Customer shall pay
the fees for the Services that are set forth on the Order Form
and Domain Name Registration Form, as applicable. All fees are
due in advance. Such fees may include taxes, fees or
assessments by governmental agencies and Trusted Web Host™ shall have the right, at any time, to pass
through and invoice to Customer any new or increased taxes,
fees, assessments or other charges imposed on or required to
be collected by Trusted Web Host™ by any
governmental agency.
Terms Of Payment: Invoices are due and payable upon receipt.
All payments shall be made in U.S. currency.
Service Continuation After Initial Term: The fees set forth in
the Order Form or Domain Name Registration Form are guaranteed
during the Initial Term of this Agreement. If Customer
continues to receive the Services after the Initial Term
without entering into a new agreement or agreement extension,
the fees charged after the Initial Term shall be at the then
standard Trusted Web Host™ rates for such
services.
Service Charge: Customer will pay a late payment charge equal
to 1.5% (or the highest amount permitted by law, whichever is
lower) per month or portion thereof on the outstanding balance
of any invoice.
Suspension Or Interruption Of Service For Non-Payment: In the
event Customer does not pay its account when due,
Trusted Web Host™ may, in its sole discretion,
suspend, interrupt or disconnect the Services. In the event of
such suspension, interruption or disconnection, Customer may
be required to post a deposit or such other security, as
Trusted Web Host™ deems necessary in order to
resume receiving the Services.
ACCEPTABLE USES
Customer shall at all times adhere to the Trusted Web Host™ Acceptable Use Policy located at
http://www.trustedwebhost.com/trusted/acceptableUse.html, as amended
from time to time by Trusted Web Host™
effective upon posting of the revised policy at the URL.
Notwithstanding anything to the contrary contained herein,
Trusted Web Host™ may immediately take
corrective action, including disconnection or discontinuance
of any and all Services, or terminate this Agreement in the
event of notice of possible violation by Customer of the
Trusted Web Host™ Acceptable Use Policy. In
the event Trusted Web Host™ takes corrective
action due to a violation of the Trusted Web Host™
Acceptable Use Policy, Trusted Web Host™ shall
not refund to Customer any fees paid in advance of such
corrective action.
IP ADDRESS OWNERSHIP Trusted Web Host™ shall maintain and control
ownership of all IP numbers and addresses that may be assigned
to Customer by Trusted Web Host™ and
Trusted Web Host™ reserves, in its sole
discretion, the right to change or remove any and all such IP
numbers and addresses.
CACHING
Customer expressly (i) grants to Trusted Web Host™
a license to cache the entirety of Customer's Web Site,
including content supplied by third parties, hosted by
Trusted Web Host™ under this Agreement and
(ii) agrees that such caching is not an infringement of any of
Customer intellectual property rights or any third party's
intellectual property rights.
BANDWIDTH AND/OR DISK USAGE
Customer agrees that bandwidth and/or disk usage shall not
exceed the number of megabytes per month for the Services
ordered by Customer on the Order Form. Trusted Web Host™ shall monitor the Customer's usage. If
bandwidth or disk usage exceeds the agreed upon number of
megabytes per month, Trusted Web Host™ , in its
sole discretion, may assess additional standard charges,
disconnect or discontinue any and all Services, or terminate
this Agreement. In the event that Trusted Web Host™ elects to take such action, Customer shall not
be entitled to a refund of any fees paid in advance of such
corrective action.
EQUIPMENT Trusted Web Host™ is acting only as a reseller
and/or provider of any hardware, software, circuit and
equipment (collectively, the "Equipment") offered under this
Agreement. All equipment will be manufactured by a third
party. Trusted Web Host™ shall not be
responsible for any changes in Service(s) that cause Equipment
to become obsolete, require modification or alteration, or
otherwise effect the performance of the Service(s). Any
malfunction or manufacturer's defects of Equipment either sold
or provided by Trusted Web Host™ to Customer
or purchased directly by Customer used in connection with the
Service(s) will not be deemed a breach of Trusted Web Host™ 's obligations under this Agreement. Any rights
or remedies Customer may have regarding the performance or
compliance of Equipment are limited to those rights extended
to Customer by the manufacturer of such Equipment. Customer is
entitled to use any Equipment supplied by Trusted Web Host™
only in connection with Customer permitted use
of the Service(s). Customer shall not resell, transfer, export
or re-export any Equipment, or any technical data derived
there from, in violation of any applicable United States or
foreign law.
DISCLAIMER OF WARRANTY
Customer acknowledges and agrees that Trusted Web Host™ exercises no control over, and accepts no
responsibility for, the content of the information passing
through Trusted Web Host™ 's host computers,
network hubs and points of presence (the "Trusted Web Host™
Network") or the Internet. NEITHER Trusted Web Host™ , ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS,
THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR
THE LIKE MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT
Trusted Web Host™ PROVIDES. NEITHER
Trusted Web Host™ , ITS EMPLOYEES, AFFILIATES,
AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS,
LICENSORS OR THE LIKE REPRESENT OR WARRANT THAT THE SERVICES
WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED
IN OR PROVIDED THROUGH THE SERVICES. Trusted Web Host™ IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY
DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY
CUSTOMER OR ANY OF CUSTOMER'S CLIENTELE VIA THE SERVICE(S)
PROVIDED BY Trusted Web Host™ .
INDEMNIFICATION
Customer will indemnify, save harmless, and defend
Trusted Web Host™ and all directors, officers,
employees, and agents of Trusted Web Host™
(collectively "indemnified parties") from and against any and
all claims, damages, losses, liabilities, suits, actions,
demands, proceedings (whether legal or administrative) and
expenses (including but not limited to reasonable attorneys'
fees) arising out of or relating to the use of the Services by
Customer, including, but not limited to, any violation of the
Trusted Web Host™ Acceptable Use Policy. Such
claims shall include, but shall not be limited to, claims
based upon trademark, service mark, trade name, copyright and
patent infringement, trademark dilution, tortious interference
with contract or prospective business relations, unfair
competition, defamation or injury to reputation, or other
injuries or damage to business.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Trusted Web Host™ BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY
CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT,
TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF
Trusted Web Host™ HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event will
Trusted Web Host™ 's liability for any damages,
losses and causes of actions whether in contract or tort
(including negligence or otherwise) exceed the actual dollar
amount paid by Customer for the Service which gave rise to
such damages, losses and causes of actions during the 12-month
period prior to the date the damage or loss occurred or the
cause of action arose. Some jurisdictions do not allow the
exclusion or limitation of warranties or incidental or
consequential damages, so that the above limitations or
exclusions may not apply to Customer. In such jurisdictions,
Trusted Web Host™ 's liability (and the
liability of its directors, officers, employees, affiliates,
agents, content providers and service providers) shall be
limited to the greatest extent permitted by applicable law.
FORCE MAJEURE Trusted Web Host™ shall not be liable for
failure or delay in performing its obligations hereunder if
such failure or delay is due to circumstances beyond its
reasonable control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage, embargo, fire,
flood, strike or other labor disturbance, interruption of or
delay in transportation, unavailability of or interruption or
delay in telecommunications or third party services, failure
of third party software or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision
of the Services.
INTELLECTUAL PROPERTY
Customer represents and warrants that Customer's use of the
Services shall not infringe the intellectual property or other
proprietary rights of Trusted Web Host™ or any
third party. Customer further acknowledges that all right,
title and interest in any and all technology, including the
software that is part of or provided with the Services and any
trademarks or service marks of Trusted Web Host™
(collectively, "Trusted Web Host™ Intellectual
Property") is vested in Trusted Web Host™
and/or in Trusted Web Host™ 's licensors.
Unless otherwise specifically provided in this Agreement,
Customer shall have no right, title, claims or interest in or
to the Trusted Web Host™ Intellectual
Property. Customer may not copy, modify or translate the
Trusted Web Host™ Intellectual Property or
related documentation, or decompile, disassemble or reverse
engineer the Trusted Web Host™ Intellectual
Property, or use it other than in connection with the
Services, or grant any other person or entity the right to do
so. Unless otherwise specifically provided in this Agreement,
Customer is not authorized to distribute or to authorize
others to distribute the Trusted Web Host™
Intellectual Property in any manner without the prior written
consent of Trusted Web Host™ ; provided,
however, that nothing in this sentence would preclude Customer
from using the Trusted Web Host™ Intellectual
Property as incorporated in the Services. This paragraph shall
not operate to extinguish, restrict, vary, waive or affect in
any manner whatsoever any right, title or interest which
Customer may now have or hereafter acquires in, or in relation
to, the third-party software that is part of or provided with
the Services solely to the extent such third-party licensors
publicly provide such rights, title or interest in the
third-party software to Customer.
CONFIDENTIAL INFORMATION
Each party acknowledges that, in the course of the performance
of this Agreement, it may have access to customer information
and communications, including proprietary information claimed
to be unique, secret, or confidential, and which constitutes
the exclusive property and trade secrets of the other party
("Confidential Information"). Except as provided in
Trusted Web Host™ 's Acceptable Use Policy (AUP),
each party agrees to maintain the confidentiality of the
Confidential Information and to use the Confidential
Information only to the extent necessary for legitimate
business uses in connection with this Agreement. Upon request
of either party or on termination or expiration of this
Agreement, each party shall return the Confidential
Information of the other party then in its possession. Nothing
in this Agreement shall prohibit or limit either party's use
of information which (a) is now, or hereafter becomes,
publicly known or available through lawful means; (b) is
rightfully in receiving party's possession, as evidenced by
receiving party's records; (c) is disclosed to the receiving
party without confidential or proprietary restriction by a
third party who rightfully possesses and rightfully discloses
the information; (d) is independently developed by the
receiving party without any breach of this Agreement; (e) is
the subject of a written permission to disclose provided by
the disclosing party; or (f) is required by law to be
disclosed. Customer further agrees and acknowledges that
Trusted Web Host™ may disclose Customer
account information in accordance with Trusted Web Host™ 's AUP and Privacy Policy, located at http://www.trustedwebhost.com,
as amended from time to time by Trusted Web Host™
effective upon posting of the revised policy at the URL.
CUSTOMER DATA. Customer is responsible for its content
residing on Trusted Web Host™ servers, and
except as otherwise agreed with Trusted Web Host™ ,
for the backup thereof.
SERVICES
DOMAIN NAME REGISTRATION
Bulk Register Services. Trusted Web Host™
has entered into an agreement with an accredited domain name
Bulk Register, Bulk Register (Bulk Registers) ("Bulk
Register") to provide Customer with domain name registration
services, for any requests by Customer to Trusted Web Host™ to register an Internet domain name. As
consideration for the domain name registration services
provided by Bulk Register to Customer, on behalf of
Trusted Web Host™ , Customer agrees to pay
Trusted Web Host™ , prior to the
effectiveness of the desired domain name registration, the
then-current amounts set forth in the Trusted Web Host™ price schedule for the initial registration
of the domain name and, should Customer choose to renew the
registration, subsequent renewals of the registration. All
fees are non-refundable, even if Customer's domain name
registration is suspended, cancelled or transferred prior to
the end of Customer's then current registration term.
Trusted Web Host™ reserves the right to
change fees, surcharges, renewal fees or to institute new
fees at any time, for any reason, at its sole discretion.
Customer's requested domain name will not be registered
unless and until Trusted Web Host™ has
received actual payment of the registration fee, and has
confirmed Customer's registration in an email from
Trusted Web Host™ to the email address
indicated in Customer's registration application.
Cancellation; Reinstatement. In the event of a
chargeback by a credit card company (or similar action by
another payment provider allowed by Trusted Web Host™ ) in connection with the payments of the
registration fee for Customer's domain name registration,
Customer agrees and acknowledges that the domain name
registration shall be transferred to Trusted Web Host™ as the paying entity for that registration
to the registry and that Trusted Web Host™
reserves all rights regarding such domain name including,
without limitation, the right to make the domain name
available to other parties for purchase. Trusted Web Host™ will reinstate Customer's domain name
registration solely at Trusted Web Host™ 's
discretion, and subject to receipt of the initial
registration or renewal fee and the then-current
reinstatement fee.
Renewal. Customer will be notified when renewal fees are
due. Should these fees go unpaid Customer's registration
will be cancelled. Payment must be made by credit card or
such other method as Trusted Web Host™ may
indicate in the registration application or renewal form.
Trusted Web Host™ will renew Customer's name
for Customer provided Customer's credit card or other
billing information is available and up to date, unless
Customer instructs Trusted Web Host™
otherwise within the time specified.
Transfer. Customer will be responsible for all costs and
fees associated with the registration of Customer's domain
name including, but not limited to, all costs and fees for
moving or transferring such domain name. Under no
circumstances shall Trusted Web Host™ be
responsible for this cost.
Use of Personal Information; Updated Information. Bulk
Register and/or Trusted Web Host™ will
collect certain personal information (including, without
limitation, contact information such as name, address, email
address and telephone number) ("Personal Information") from
Customer during the registration process. Customer agrees
and acknowledges that Bulk Register will share Personal
Information that Customer provide (or that is gathered about
Customer during the registration process, including, for
example, Customer's primary domain name server and the
like), or that Bulk Register or Trusted Web Host™ otherwise maintains, with one another, with
the Internet Corporation for Assigned Names and Numbers ("ICANN"),
with registry administrator(s), and with other third parties
as ICANN and applicable laws and/or policy may require or
permit. Customer further agrees and acknowledges that Bulk
Register and/or Trusted Web Host™ shall be
permitted (and in some cases may be required) to make
publicly available, or directly available to third party
vendors, some, or all, of the Personal Information or domain
name registration information Customer provides, for
purposes of inspection (such as through our WHOIS service)
or for targeted marketing and other purposes as required or
permitted by ICANN and applicable laws. Customer may access
Customer's Personal Information and/or domain name
registration information in Bulk Register's or
Trusted Web Host™ 's possession to review,
modify or update such information, through a
Trusted Web Host™ information maintenance
interface ("Trusted Web Host™ Interface")
that is accessible on the Trusted Web Host™
website. We will not process data about any identified or
identifiable natural person that we obtain from Customer in
a way incompatible with the purposes and other limitations
which we describe in this Agreement. Bulk Register will take
reasonable precautions to protect the information it obtains
from Customer from loss, misuse, unauthorized access or
disclosure, alteration or destruction. Customer hereby
irrevocably waives any and all claims and causes of action
Customer may have arising from such disclosure or use of
Customer's Personal Information and/or domain name
registration information by Bulk Register or
Trusted Web Host™ .
ICANN Guidelines. Additionally, Customer acknowledges
that ICANN may establish guidelines, limits and/or
requirements that relate to the amount and type of
information that Bulk Register or Trusted Web Host™ may or must make available to the public or
to private entities, and the manner in which such
information is made available. Customer hereby consents to
any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or use of, information
provided by Customer in connection with the registration of
a domain name (including any updates to such information),
whether during or after the term of Customer's registration
of the domain name.
Third Party Data. In the event that, in registering the
domain name, Customer is providing information about a third
party, Customer hereby represents that Customer has (1)
provided notice to that third party of the disclosure and
use of the party's information as set forth in this
Agreement, and (2) that Customer has obtained that third
party's express consent to the disclosure and use of that
party's information as set forth in this Agreement.
Accuracy of Data. Customer acknowledges that willfully
providing inaccurate information or willfully failing to
update information promptly will constitute a material
breach of this Agreement and will be sufficient basis for
cancellation of Customer's domain name registration. (In
addition, under certain federal laws, such provision of
inaccurate or false information is one factor in determining
whether Customer may have violated the trademark rights of
another party in registering a domain name confusingly
similar to such party's trademark.) Customer further agrees
that Customer's failure to respond for over fifteen (15)
calendar days to inquiries by Bulk Register and/or
Trusted Web Host™ concerning the accuracy of
contact details associated with Customer's registration
shall constitute a material breach of this Agreement and
will be sufficient basis for cancellation of Customer's
domain name registration.
Third-Party Proprietary Rights: Trusted Web Host™ makes no representations concerning and does
not guarantee that Customer's domain name does not infringe
upon any trademarks, trade names, service marks or other
proprietary rights owned by a third party. Customer agrees
to be bound by the terms of the Domain Name Registration
Agreement, Domain Name Dispute Policy which is posted at
http://www.icann.org/udrp, and related agreements that
Customer will be asked to review and indicate Customer's
acceptance of during the domain name registration process.
Welcome Page. Customer consents to Trusted Web Host™ 's activation ("parking") of the registered
domain name on a "Welcome Page" containing a notice,
"Welcome to my Future Website." Such "Welcome Page"
indicates that Trusted Web Host™ registered
the domain name, and links to Trusted Web Host™
websites. This "Welcome Page" may be replaced by the
Customer when the Customer contracts for web hosting and
posts Customer's own content.
MISCELLANEOUS
GOVERNING LAW AND JURY TRIAL WAIVER. The validity,
interpretation, enforceability, and performance of this
Agreement shall be governed by and construed in accordance
with the laws of the State of New Jersey. The parties hereto
specifically waive any right they may have to a trial by jury
in any action hereunder.
ENFORCEMENT OF AGREEMENT
In the event it is necessary for Trusted Web Host™
to enforce its rights under this agreement, Customer agrees to
pay all fees incurred by Trusted Web Host™
(including, but not limited to, attorney's fees and collection
agency fees)
AMENDMENT OR WAIVER
Except as otherwise provided herein, this Agreement may not be
amended except upon the written consent of Customer and an
officer of Trusted Web Host™ . No failure to
exercise and no delay in exercising any right, remedy, or
power hereunder shall operate as a waiver thereof, nor shall
any single or partial exercise of any right, remedy, or power
hereunder preclude any other or further exercise thereof or
the exercise of any other right, remedy, or power provided
herein or by law or in equity. The waiver by any party of the
time for performance of any act or condition hereunder shall
not constitute a waiver of the act or condition itself.
ASSIGNMENT AND SEVERABILITY
This Agreement shall be binding upon and inure to the benefit
of Customer, Trusted Web Host™ and their
respective successors, and assigns. Customer may not assign
this Agreement without the prior written consent of
Trusted Web Host™ , which consent will not be
unreasonably withheld. If any provision of this Agreement
shall be held by a court of competent jurisdiction to be
invalid, unenforceable, or void, the remainder of this
Agreement shall remain in full force and effect.
NOTICES
All notices to Customer hereunder shall be given at the
Billing Address provided on the signature page hereto. All
notices to Trusted Web Host™ hereunder shall
be given to:
Trusted Web Host™
Attention: Legal Department
4132 La Rica Ave #B
Baldwin Park, CA
91706-3148
Any notice hereunder shall be in writing and shall be given by
registered, certified or Express mail, or reliable overnight
courier addressed to the addresses in this Agreement, or by
confirmed e-mail or facsimile. Notice shall be deemed to be
given upon the earlier of actual receipt or five (5) days
after it has been sent, properly addressed and with postage
prepaid.
ENTIRE AGREEMENT
This Agreement, and any other document or agreements
specifically identified in this Agreement, supercedes all
previous representations, understandings or agreements and
represent the entire agreement between the parties hereto.
ACCEPTANCE OF SERVICES
ACTIVATION OF SERVICE SHALL INDICATE Trusted Web Host™ 'S ACCEPTANCE OF THIS AGREEMENT. USE OF THE
Trusted Web Host™ NETWORK CONSTITUTES
ACCEPTANCE OF THIS AGREEMENT BY THE CUSTOMER. CUSTOMER
represents and warrants that Customer has full authority and
right to enter into this Agreement. Customer further
represents and warrants that Customer is at least 18 years of
age.
This Registration Agreement 3.0 ("Agreement") sets forth
the terms and conditions agreed to between you and
BulkRegister.com, a Maryland corporation (the "Registrar",
"we" or "us"), relating to the registration of one or more
Second Level Domain name(s) ("SLD name(s)") ending in the
.com, .net, .org or .biz Top Level Domains. We are a registrar
accredited by the Internet Corporation for Assigned Names and
Numbers ("ICANN") pursuant to an accreditation agreement
between us and ICANN ("ICANN Agreement"). By registering any
SLD name with us on or after July 16, 2001 (whether directly
or through your agent, or as an agent for another person or
entity), you agree, for yourself and, if acting as an agent,
on behalf of your principal, to be bound by the terms and
conditions of this Registration Agreement 3.0 with respect to
all SLD names registered with us, including those SLD names
previously registered with us under prior versions of our
Registration Agreement.
To complete the registration process, you must read and
agree to be bound by all terms and conditions of this
Agreement, the accompanying fee schedule and dispute policy,
and any rules or policies of general applicability that are or
may be posted by us on our website from time to time. You
acknowledge that we may modify this Agreement to the extent
necessary to comply with applicable law or the ICANN
Agreement, any ICANN Consensus Policy or code of conduct or
other policies adopted or requirements imposed by ICANN or the
administrator of the Registry, currently Verisign, Inc. for
.com, .net, .org, Neulevel, Inc. for .biz, and Afilias, Inc.
for .info - (the "Registry Administrator"), as in effect from
time to time (collectively referred to as "ICANN/Registry
Policy").
1. Fees.
As consideration for the SLD name registration services
provided by us, you agree to pay all initial registration fees
and applicable renewal fees with respect to each SLD name
registered in US Dollars at the time of registration or
renewal. If you do not pay any initial fees or renewal fees
when due or your credit card charge is not accepted for any
reason within three (3) business days after any initial fee is
due or within ten business days after any renewal fee is due,
or in the event of any chargeback of any payment at any time,
we will have the right to immediately cancel all SLD names for
which payment was not received, without further notice. In the
case of renewals, we will send an e-mail to the address of the
billing contact then set forth in the WhoIS directory with
respect to the SLD name eligible for renewal, and it shall be
your responsibility to ensure that all such fees are paid
prior to the expiration of the term of registration of each
SLD name you wish to renew. You agree that we shall have no
liability whatsoever with respect to any such cancellation. We
reserve the right to adjust our registration and renewal fees
prospectively upon fifteen (15) calendar days prior notice.
2. Term; Registration Period.
The term of this Agreement, as in effect from time to time,
will extend through and continue in force at any time during
which you have any SLD name registered through us. At your
discretion, we will register each SLD name for a period of one
(1) to ten (10) years for .com, .net and .org or for a period
of two (2) to ten (10) years for .biz from the initial
registration date or, if applicable, the previous registration
date for such SLD name.
3. SLD Name Dispute Policy.
You agree to be bound by our
Domain Name Dispute Policy ("Dispute Policy")
which is incorporated into this Agreement by reference, as in
effect from time to time. The Dispute Policy can be found at
http://www.bulkregister.com/disputepolicy.phtml. Any
disputes regarding the right to use your SLD name will be
subject to the Dispute Policy. We may modify the Dispute
Policy in our sole discretion at any time in accordance with
the ICANN Agreement or any ICANN/Registry Policy. Your
continued use of our registration services after modification
to the Dispute Policy becomes effective constitutes your
acceptance of those modifications. If you do not agree to such
a modification, you may request that your SLD name be
cancelled or transferred to another registrar. You agree that
you will be subject to the provisions specified in the Dispute
Policy in effect at the time your SLD name is challenged by a
third party, including but not limited to (i) any applicable
restrictions on your ability to change registrars with respect
to an SLD name subject to a dispute or to transfer an SLD name
subject to a dispute to a new holder; and (ii) our ability to
cancel any such transfers while a dispute is pending. While
any dispute or litigation is pending, we may not allow you to
make changes to such SLD 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 SLD 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 SLD name registration services, we
may deposit control of your SLD name record into the registry
of the judicial body by supplying a party with a registrar
certificate from us. No refunds will be provided for names
deleted or transferred pursuant to this section. You agree
that at such time as we receive a properly authenticated order
from a court of competent jurisdiction, or arbitration award,
requiring the cancellation, suspension, transfer or
modification of any SLD name registration, we shall have the
right in our sole discretion to cancel, suspend (e.g.
registrar lock or hold), transfer or otherwise modify any SLD
name registration(s).
4. Registration Data.
4.1. Provision of Registration Data. As part of the
registration process, you are required to provide us with
certain information and to update this information to keep it
current, complete and accurate. This information includes (i)
your full name, postal address, e-mail address, voice
telephone number, and fax number if available; (ii) the name
of an authorized person for contact purposes in the case of a
registrant that is an organization, association, or
corporation; (iii) the IP addresses of the primary nameserver
and any secondary nameserver(s) for the SLD name; (iv) the
corresponding names of those nameservers; (v) the full name,
postal address, e-mail address, voice telephone number, and
fax number if available of the technical contact for the SLD
name; (vi) the full name, postal address, e-mail address,
voice telephone number, and fax number if available of the
administrative contact for the SLD name; (vii) the name,
postal address, e-mail address, voice telephone number, and
fax number if available of the billing contact for the SLD
name; and (viii) any remark concerning the registered SLD name
that should appear in the Whois directory. You agree and
understand that the foregoing registration data will be
publicly available and accessible on the Whois directory as
required by ICANN/Registry Policy and may be sold in bulk in
accordance with the ICANN Agreement.
4.2. Inaccurate or Unreliable Data. Your willful provision
of inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or any failure
to respond for over five calendar days to our inquiries
addressed to the e-mail address of the administrative, billing
or technical contact then appearing in the Whois directory
with respect to an SLD name concerning the accuracy of contact
details associated with any registration(s) or the
registration of any SLD name(s) registered by or through you
or your account, shall constitute a breach of this Agreement.
Any information collected by us concerning an identified or
identifiable natural person ("Personal Data") will be used in
connection with the registration of your SLD name(s) and for
the purposes of this Agreement and as required or permitted by
the ICANN Agreement or any ICANN/Registry Policy.
4.3. Use of Registration Data. You acknowledge that we will
make some of the information that you provide during the
registration process publicly available as required by ICANN.
Additionally, you acknowledge that ICANN or the Registry may
impose 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. You may
request a copy of your information in our possession to
review, modify or update such information by contacting us by
e-mail at
support@bulkregister.com. We agree that we will not
process any Personal Data collected from you, if any, in a way
that is incompatible with the purposes and other limitations
set forth in this Agreement. We agree that we will take
reasonable precautions to protect Personal Data collected, if
any, from loss, misuse, unauthorized access or disclosure,
alteration or destruction.
4.4. Disclosure of Use of Data. If you engage in the
reselling of SLD name(s), you covenant, represent and warrant
that you have provided, or will provide, to any third party
individuals whose Personal Data you have obtained, the same
information about use of those details as are set out in this
Section 4 or as may be reasonably required by us pursuant to
any ICANN/Registry Policy now or hereafter adopted, and that
the third parties individually have consented, or will
consent, to use of their personal data.
5. License of SLD Names.
If you license use of an SLD name to a third party, you
remain the holder of record, and you acknowledge that you
remain responsible for providing and updating your own full
contact information and for providing and updating accurate
technical, administrative, and billing contact and other
information in accordance with this Agreement. If you license
use of an SLD name, you shall accept liability for harm caused
by wrongful use of the SLD name, unless you promptly disclose
the identity of the licensee to the party providing you
reasonable evidence of actionable harm.
6. Change of SLD Holder; Reselling Activities. The
provisions of this Section 6 shall apply to you unless you
have entered into a separate Registration Services Agreement,
in which case the Registration Services Agreement shall apply
to you.
6.1. Change of SLD Holder Procedure. If you transfer any
SLD name, you agree to abide by the policies and procedures
relating to transfer of SLD names as may be adopted by us and
as in effect from time to time, which policies and procedures
may require, among other things, the submission of hard-copy
record of transfer of ownership, the submission of information
concerning the transferor and transferee and the transfer,
including but not limited to the information described in
Section 4 of this Agreement with respect to the transferee,
and may impose reasonable information collection and
recordkeeping obligations on you. Such policy and procedure
may require you upon such transfer to relinquish all control
over the SLD name transferred.
6.2. Required and Prohibited Reselling Practices. You agree
to inform any person or entity registering an SLD name with us
through you or your account (each your "Customer" and
collectively, your "Customers") that they are registering
their SLD name through us, an ICANN accredited registrar. You
shall not represent, directly or by implication, that you are
a registrar or have direct or superior access to the Registry
or that you are a registrar or accredited or otherwise
affiliated with ICANN, and you agree not to employ or display
the ICANN mark or logo on your web site or any materials used
by you in your business.
6.3. Recordkeeping Requirements. You agree to obtain
evidence of each Customer's assent to the then current
Registration Agreement electronically (e.g. by "click") or by
hardcopy signature, and to retain for a period of three (3)
years evidence of such assent. You may require Customers using
your services to agree to additional terms and conditions,
provided that such terms and conditions do not conflict in any
manner with the provisions of the Registration Agreement or
any ICANN Policy.
6.4. Customer Support; Registration Data and Updating
Requirements. You agree to provide adequate customer service,
billing and technical support for your Customers, and to make
modifications and updates to registration data relating to
your Customers' SLD names so that our database contains
accurate, current and reliable registration data with respect
to your Customers' SLD names. You understand and acknowledge
that your failure to make any modifications to any information
with respect to your Customer's SLD name(s) in accordance with
the written instructions of such Customer(s) within ten (10)
business days after delivery of such written instructions, or
the making of any modifications to any Customer's registration
data which have not been authorized by such Customer in
writing or by e-mail, shall constitute a breach of this
Agreement. You agree to retain copies of all communications
and other correspondence between you and Customer relating to
the registration of SLD names with us and to provide us with
the same upon request. Your willful provision of inaccurate or
unreliable information concerning your Customer's SLD name(s),
or your willful failure to promptly update or correct your
Customer's registration data, or your failure to respond to
our or any of your Customer's inquiries or requests concerning
the accuracy or content of any registration data for over ten
(10) business days shall constitute a breach of this
Agreement.
7. Policies Regarding Use of Our Services.
7.1. Suspension, Cancellation or Transfer of SLD Name. You
agree that your ability to use our registration services is
subject to termination or suspension, and your ability to
register or modify any particular SLD name is subject to
suspension, cancellation, or transfer (i) at any time pursuant
to any ICANN/Registry Policy now in effect or hereafter
adopted, (ii) to correct mistakes by us, another accredited
registrar or the Registry in registering SLD name(s),
including but not limited to the correction of erroneous or
inadvertent deletions of SLD names, or in connection with the
resolution of disputes in accordance with the Dispute Policy,
or (iii) in the event of any breach of any representation,
warranty, agreement or other provision of this Agreement, upon
e-mail notice of such breach and the expiration of a fifteen
(15) calendar day cure period.
7.2. Limitations on Use of Services. You agree not to use
our services or website or permit any person or entity through
you to use our services or website for (i) the transmission of
unsolicited, commercial e-mail (spam); or (ii) high volume,
automated, electronic processes that apply to the Registry for
large numbers of SLD names, except as reasonably necessary to
register SLD names or modify existing registrations; or (iii)
high volume, automated, electronic, repetitive queries except
as reasonably necessary to register SLD names or modify
existing registrations.
8. Use of 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, she or it is
authorized to apply for our services on your behalf, that he,
she or it is authorized to bind you to the terms and
conditions of this Agreement and that he, she or it 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 SLD name record
incorrectly.
9. SLD Name Transfers Between Sponsoring Registrars. You
agree that you may change sponsoring registrars for any
existing SLD name only in accordance with ICANN/Registry
Policy and further agree that you may not change sponsoring
registrars with respect to any SLD name for a period of sixty
(60) calendar days after registration of such SLD name with
us. In connection with any transfer by you of SLD name(s) from
one registrar (the "Losing Registrar") to us:
9.1. You represent and warrant that (i) you are either the
SLD Holder, the administrative contact or the technical
contact with respect to the SLD name(s) being transferred; and
(ii) if transferring an SLD name on behalf of a Customer, you
have been granted the authority by such Customer to effect
each such transfer.
9.2. To initiate a transfer of sponsoring registrars from a
Losing Registrar to us, you shall notify us of the SLD name(s)
you wish to transfer to us and we will, upon receipt of such
transfer request, forward to you a Confirmation of Transfer.
You agree to confirm the accuracy of the Confirmation of
Transfer and assent to the Confirmation of Transfer before
being permitted to continue.
9.3. We will effect the proposed transfer of sponsoring
registrars from the Losing Registrar only after the following
conditions have been met:
(i) We have received evidence of your assent to the
Confirmation of Transfer and all transfer fees associated with
the transfer(s) have been paid in full; and
(ii) If the transfer involves an SLD name held by an SLD
Holder other than you and we have notified such SLD Holder via
the Administrative Contact of the proposed transfer and
provided such Administrative Contact with a period of time to
confirm or object to such transfer, not to exceed 10 business
days, such waiting period shall have expired or the express
consent of such Administrative Contact shall have been
obtained.
9.4. You agree and understand that we will effect the
registration using the registration data on file with the
Losing Registrar immediately prior to transfer, and understand
that we may, at our discretion, limit your ability to make
post-transfer changes to registration data for a reasonable
period of time following transfer, not to exceed 15 business
days.
9.5. When we make a request to the Losing Registrar (via
the Registry) to transfer an SLD name registration to us from
the Losing Registrar, you agree to pay us the applicable fee(s)
as then in effect with respect to such transfer and agree to
comply with the Verisign Change in Registrar Policy.
The Following Paragraphs(10 through 13) Apply to .Biz
Domain Registrations
10. BIZ RESTRICTIONS. Registrations in the .biz TLD must be
used or intended to be used primarily for bona fide business
or commercial purposes. For purposes of the .biz Registration
Restrictions ("Restrictions"), "bona fide business or
commercial use" shall mean the bona fide use or bona fide
intent to use the domain name or any content, software,
materials, graphics or other information thereon, to permit
Internet users to access one or more host computers through
the DNS:
(a) To exchange goods, services, or property of any kind;
(b) In the ordinary course of trade or business; or (c) To
facilitate (i) the exchange of goods, services, information,
or property of any kind; or, (ii) the ordinary course of trade
or business.
Registering a domain name solely for the purposes of (1)
selling, trading or leasing the domain name for compensation,
or (2) the unsolicited offering to sell, trade or lease the
domain name for compensation shall not constitute a "bona fide
business or commercial use" of that domain name.
11. BIZ CERTIFICATION. As a .biz domain name registrant,
you hereby certify to the best of your knowledge that:
(a) The registered domain name will be used primarily for
bona fide business or commercial purposes and not (i)
exclusively for personal use; or (ii) solely for the purposes
of (1) selling, trading or leasing the domain name for
compensation, or (2) the unsolicited offering to sell, trade
or lease the domain name for compensation. For more
information on the .biz restrictions, which are incorporated
herein by reference, please see:
http://www.neulevel.com/countdown/registrationRestrictions.html
(b) The domain name registrant has the authority to enter
into the registration agreement; and
(c) The registered domain name is reasonably related to the
registrant's business or intended commercial purpose at the
time of registration.
12. DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a .biz 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. Please take the time to familiarize yourself with
that policy. In addition, you hereby acknowledge that you have
read and understood and agree 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:
The STOP sets forth the terms and conditions in connection
with a dispute between a registrant of a .biz domain name
("Registrant") with any third party (other than Registry
Operator or Registrar) over the registration or use of a .biz
domain name registered by Registrant that is subject to the
Intellectual Property Claim Service. The Intellectual Property
Claim Service a service introduced by Registry Operator to
notify a trademark or service mark holder ("Claimant") that a
second-level domain name has been registered in which that
Claimant claims intellectual property rights. In accordance
with the STOP and its associated Rules, those Claimants will
have the right to challenge registrations through independent
ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and any party other than
the Registry Operator or Registrar over the registration and
use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation
that a domain name is not used primarily for business or
commercial purposes shall be enforced on a case-by-case, fact
specific basis by an independent ICANN-accredited dispute
provider. None of the violations of the Restrictions will be
enforced directly by or through Registry Operator. Registry
Operator will not review, monitor, or otherwise verify that
any particular domain name is being used primarily for
business or commercial purposes or that a domain name is being
used in compliance with the SUDRP or UDRP processes.
13. RESERVATION OF RIGHTS. BulkRegister.com and the .biz
Registry Operator, NeuLevel, Inc. expressly reserve the right
to deny, cancel or transfer any registration that it deems
necessary, in its discretion, to protect the integrity and
stability of the registry, to comply with any applicable laws,
government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of
BulkRegister.com and/or NeuLevel, Inc., as well as their
affiliates, subsidiaries, officers, directors and employees.
BulkRegister.com and NeuLevel, Inc. also reserve the right to
freeze a domain name during resolution of a dispute.
The Following Paragraphs(14 through 17) Apply to .INFO
Domain Registrations
14. Registrant consents to the use, copying, distribution,
publication, modification, and other processing of Registered
Domain Name Holder's Personal Data by Afilias, the .INFO
Registry Operator, and its designees and agents in a manner
consistent with the purposes specified pursuant in its
contract.
15. Registrant agrees to submit to proceedings under
ICANN's Uniform Domain Name Dispute Policy (UDRP) and comply
with the requirements set forth by Afilias for domain names
registered during the Sunrise Period, including the mandatory
Sunrise Dispute Resolution Policy. These policies are subject
to modification.
16. Registrant acknowledges that Afilias, the registry
operator for .INFO, 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 Name during these periods,
and (b) the results of any dispute over a Sunrise
Registration.
17. Registrar and Afilias, the registry operator for .INFO,
expressly reserve the right to deny, cancel or transfer any
registration that it deems necessary, in its discretion, to
protect the integrity and stability of the registry, to comply
with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or
criminal, on the part of Registrar and/or Afilias as well as
their affiliates, subsidiaries, officers, directors and
employees. Registrar and Afilias also reserve the right to
freeze a domain name during resolution of a dispute
18. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES.
18.1. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY
OCCUR DUE TO (a) ANY ACT OR OMISSION OF YOU OR YOUR AGENT
(WHETHER AUTHORIZED OR UNATHORIZED) (a) ANY LOSS OF
REGISTRATION OF ANY SLD NAME, (b) THE USE OF YOUR SLD NAME OR
PASSWORD, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR
REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF
DATA BETWEEN YOU AND US; (e) EVENTS BEYOND OUR CONTROL; (f)
THE PROCESSING OF ANY SLD NAME REGISTRATION; (g) THE
PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH
YOUR SLD NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY
FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY.
FURTHER, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID
BY YOU TO US FOR REGISTRATION OF THE SLD NAME IN CONTROVERSY
DURING THE PRIOR ONE (1) YEAR PERIOD. TO THE EXTENT APPLICABLE
STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18.2 DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, INFORMATIONAL CONTENT AND NONINFRINGEMENT
OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN OUR SOFTWARE OR WEBSITE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF OUR SOFTWARE OR WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
SOFTWARE OR WEBSITE WILL BE CORRECTED. WE DO NOT WARRANT NOR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
OUR SOFTWARE OR WEBSITE OR RELATED DOCUMENTATION IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
19. Indemnity.
You agree to defend, indemnify and hold us harmless and any
applicable SLD name registry, and the shareholders, directors,
officers, employees, affiliates and agents of us and them,
from and against any loss, damages or costs, including
reasonable attorneys' fees, resulting from any claim, action,
proceeding, suit or demand arising out of or related to (i)
any SLD name registered by you or the transfer or use thereof,
(ii) any dispute concerning an SLD name, (iii) your breach (or
the breach by any of your officers, agents, employees or other
representatives) of any agreement contained in this Agreement,
or (iv) any cancellation, suspension (e.g. registrar lock or
hold) or transfer of any SLD name in accordance with this
Agreement. This indemnification is in addition to any
indemnification required under the Dispute Policy.
20. Representations and Warranties.
You represent and warrant that all information provided by
you in connection with your registration is complete and
accurate. You represent and warrant each time you register an
SLD name that, to the best of your knowledge and belief,
neither the registration of the SLD name nor the manner in
which it is directly or indirectly used infringes the legal
rights of a third party. In applying for an SLD name, you
represent and warrant that the registration is not made in bad
faith and that the name does not conflict with another SLD
name. We make no representation or warranties of any kind in
connection with this Agreement. Specifically but without
limitation, we do not represent or warrant that registration
of your SLD name will immunize you from challenges to your SLD
name. We are not bound by nor should you rely on any
representation or warranty made by any agent, representative
or employee of any third party that you may use to apply for
our services.
21. Breach and Revocation; Notice of Cancellation, Etc.
Except as otherwise specified in this Agreement, any breach
by you of this Agreement or the Dispute Policy must be
remedied by you within five (5) business days following e-mail
notice by us to you. Such notice shall be deemed delivered
when sent to the e-mail address then on record for your
administrative contact in the Whois directory. If you fail to
cure the breach within such cure period, we may terminate this
Agreement, cancel your registration of the SLD name(s),
transfer such SLD names to another person or entity and/or
seek any remedy available at law or in equity including but
not limited to obtaining an injunction or specific
performance. Our remedies shall not be deemed exclusive and
effecting any one or more of the foregoing remedies shall not
be deemed an election of remedies. Except as otherwise
specified in this Agreement, notice of revocations,
suspensions, transfers, or cancellations of your SLD name(s)
by us pursuant to this section will be provided to you within
five (5) business days following the taking of such action.
22. Cancellation During Preliminary 30 Day Period; Right of
Refusal to Register.
Pursuant to ICANN/NSI Registry Policy, we reserve the right
to refuse to register any SLD name(s), or to cancel, transfer
or suspend any SLD name(s) registered with us within the first
thirty (30) calendar days following receipt of your payment
for such registration(s). In the event we do not register an
SLD name or we cancel or transfer an SLD name within such
thirty (30) calendar day period, we agree to refund any
applicable fee(s) with respect to such SLD name which you have
paid to us. You agree that we shall not be liable to you for
loss or damages that may result from our refusal to register
any SLD name(s) or the cancellation or transfer of any SLD
name(s).
23. Governing Law; Jurisdiction; Waiver of Trial by Jury.
THIS AGREEMENT AND ALL RIGHTS HEREUNDER SHALL BE GOVERNED
BY THE INTERNAL LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD
TO SUCH STATE'S POLICIES RELATING TO CONFLICT OF LAWS. ANY
ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT OR TO YOUR
OR YOUR AGENT'S USE OF OUR SERVICES SHALL BE BROUGHT
EXCLUSIVELY IN THE COURTS OF MARYLTHE DISTRICT OF MARYLAND
(NORTHERN DIVISION) LOCATED IN BALTIMORE, MARYLAND. FOR THE
ADJUDICATION OF DISPUTES CONCERNING OR ARISING FROM THIS
AGREEMENT OR THE USE OF ANY SLD NAME(S), YOU AGREE TO SUBMIT,
WITHOUT PREJUDICE TO OTHER POTENTIALLY APPLICABLE
JURISDICTIONS, TO THE JURISDICTION OF THE COURTS (I) OF YOUR
DOMICILE, AND (II) OF MARYLAND, USA, OR THE U.S. DISTRICT
COURT FOR THE DISTRICT OF MARYLAND (NORTHERN DIVISION) LOCATED
IN BALTIMORE, MARYLAND. YOU WAIVE THE RIGHT TO TRIAL BY JURY
IN ANY SUCH PROCEEDING.
24. Notices.
Except as otherwise specifically stated herein, you agree
that all notices from us to you shall be delivered by posting
such notices on our website and shall be deemed delivered and
effective fifteen (15) calendar days after such posting.
Notices from you to us shall be by e-mail to our appropriate
e-mail address as specified on our website, and shall be
deemed delivered when received by e-mail, or notices shall be
in writing by first class mail to BulkRegister.com, Inc., 10
East Baltimore Street Suite 1500, Baltimore, MD 21202, and
shall be deemed delivered five days after deposit in the U.S.
mail. The foregoing notwithstanding, you understand and agree
that any e-mails received by us from any e-mail address
provided to us or set forth as a contact address (whether
billing, technical or administrative) with respect to your SLD
name shall be deemed to have been sent by you or your duly
authorized agent having the actual and apparent authority to
act to bind you. We intend to rely on any such correspondence.
25. General.
This Agreement, our fee schedule and the Dispute Policy,
together with all amendments or modifications to any of them,
constitute the complete and exclusive agreement between you
and us, and supersede and govern all prior or concurrent
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
you and us. Our failure to require your performance of any
provision hereof shall not affect the right to require such
performance 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 is deemed unenforceable or invalid, such
unenforceability or invalidity shall not affect the remainder
of this Agreement, but such provision shall be automatically
amended and replaced with a provision that is valid and
enforceable and which achieves, to the extent possible, our
original objectives and intent as reflected in the original
provision. No provision of this Agreement, including our fee
schedule and the Dispute Policy, may be amended or modified by
you except by means of a written document signed by us. We may
modify this Agreement at any time by posting such
modification(s) on our website. Such modifications will become
effective 15 calendar days after posting. Your continued use
of our registration services after such modification(s)
become(s) effective constitutes your acceptance of those
modifications. If you do not agree to such a modification, you
may request that your SLD name(s) be cancelled or transferred
to another registrar. This Agreement shall not confer any
benefits upon any person or entity other than you and
BulkRegister.com, and shall not be construed to create any
obligation by BulkRegister.com to any non-party.
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