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Domain Name Registration Agreement This is an agreement between "you" and TCPIPHost ("TCPIPHost") a British Columbia company. This agreement explains the basis upon which the domain registration transactions between you and TCPIPHost will take place and our responsibilities toward each other. The term "you" shall refer to yourself. By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you've established with TCPIPHost, whether or not the transactions were in your behalf. To complete the registration process, you must read this entire agreement, as well as our dispute policy and agree to be bound by all the terms and conditions. You acknowledge that TCPIPHost is a registrar bound by an agreement between TCPIPHost and the Internet Corporation for Assigned Names and Numbers ("ICANN"). You agree that TCPIPHost may modify this agreement in order to comply with applicable law and the terms and conditions set forth by ICANN. You acknowledge that TCPIPHost's acceptance of any application made by you for services provided by TCPIPHost will take place at TCPIPHost's offices located in Vancouver, BC, Canada. 1. FEES In consideration for the services and products ("service") purchased by you and provided to you by TCPIPHost, you agree to pay TCPIPHost at the time service is provided. Payment is to be made by you providing a valid credit card for charge by TCPIPHost, and is non-refundable. If for any reason TCPIPHost is unable to charge your credit card with the full amount owed TCPIPHost for the service provided, or if TCPIPHost is charged back for any fee it previously charged to the credit card you provided, you agree that TCPIPHost may pursue all available remedies in order to obtain payment. You agree that among the remedies TCPIPHost may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names registered or renewed on your behalf. In the case of renewals you agree that you will be responsible for notifying TCPIPHost should you desire not to renew any domain name previously registered on your behalf. Notification of your intent not to renew will be provided to TCPIPHost no earlier than 30 days prior to the date the domain name you wish not to renew is due for renewal and on or before the renewal date. In the absence of notification from you, TCPIPHost will automatically renew, for a period of one year, any domain name that is up for renewal and will charge the credit card you have on file with TCPIPHost, at TCPIPHost's then current rates. Renewal rates once charged will be non refundable. If for any reason TCPIPHost is not able to charge the credit card you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your credit card information current, including the expiration date. 2. TERM OF AGREEMENT; MODIFICATIONS The term of this agreement shall continue in full force and effect as long as you have any domain name registered through TCPIPHost. You agree that you will not transfer any domain name registered through TCPIPHost to another domain name registrar during the first sixty (60) days from its initial registration date. You agree that TCPIPHost may modify this agreement from time to time. TCPIPHost may also discontinue services it provides under this agreement. You agree to be bound by any changes TCPIPHost may reasonably make to this agreement when such changes become effective. Should you elect to cancel your agreement with TCPIPHost you will not receive a refund for any fees you may have paid to TCPIPHost. You agree that TCPIPHost shall not be bound by any representations made by third parties who you may use to purchase services from TCPIPHost, and that any statements of a general nature, which may be posted on TCPIPHost's web site or be contained in TCPIPHost's promotional materials, will not bind TCPIPHost. 3. UP TO DATE INFORMATION; USE OF INFORMATION You agree to notify TCPIPHost within 5 business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide TCPIPHost with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by TCPIPHost to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement. You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement: The domain name Your name and postal address The email address, postal address, voice and fax numbers for technical and administrative contacts The Internet protocol numbers for the primary and secondary name servers The corresponding names of the name servers The original date of registration and expiration date You agree that, to the extent permitted by ICANN, TCPIPHost may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names you agree to provide any individuals whose personal information you've obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide. 4. DISPUTE RESOLUTION POLICY You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this agreement. Our current dispute policy can be found on our web site at: http://tcpiphost.com/packages/domains/dispute_policy.asp. You agree that TCPIPHost may from time to time modify its Dispute Resolution Policy. TCPIPHost will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining your domain name registrations with TCPIPHost after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review TCPIPHost's web site periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel your agreement with TCPIPHost as a result of the modified Dispute Resolution policy no fees will be refunded to you. You agree that if a dispute arises as a result of one or more domain names you have registered using TCPIPHost, you will indemnify, defend and hold TCPIPHost harmless as provided for in this agreement. You also agree that if TCPIPHost is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using TCPIPHost, that TCPIPHost, in its sole discretion, may take whatever action TCPIPHost deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold TCPIPHost harmless for any action taken by TCPIPHost. 5. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES If you transfer any domain name you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement. You may view the current version of our Domain Transfer Agreement at: http://tcpiphost.com/packages/domains/transfer_agreement.asp You agree to inform any customer of yours, who may be acquiring a domain name through you using TCPIPHost's registration services, that they are in fact registering their domain name through TCPIPHost and that TCPIPHost is an accredited registrar with ICANN. You agree not to represent that you are an ICANN accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your web site. You agree to obtain each of your customers' acceptances of TCPIPHost's then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customer's accept additional terms and conditions that are not required by TCPIPHost, you agree that such additional terms and conditions shall not conflict with TCPIPHost's Domain Registration Agreement and the policies and business procedures adopted by ICANN. You agree that TCPIPHost is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to TCPIPHost's registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database. You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within 5 business days, provide such information to TCPIPHost so TCPIPHost may update its registration records. You will retain copies of all communications between you and your customers and will upon request provide TCPIPHost copies of same. 6. SUSPENSION OF SERVICES; BREACH OF AGREEMENT You agree that, in addition to other events set forth in this agreement, your ability to use any of the services provided by TCPIPHost is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN. You agree that your failure to comply completely with the terms and conditions of this agreement and any TCPIPHost rule or policy may be considered by TCPIPHost to be a material breach of this agreement and that TCPIPHost may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide TCPIPHost with material evidence that you have not breached your obligations to TCPIPHost within ten (10) business days, TCPIPHost may terminate its relationship with you and take any remedial action available to TCPIPHost under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, canceling the registration of any of your domain names and discontinuing any services provided by TCPIPHost to you. No fees will be refunded to you should your agreement be cancelled or services be discontinued because of a breach. TCPIPHost's failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach. 7. RESTRICTION OF SERVICES; RIGHT OF REFUSAL You agree not to use the services provided by TCPIPHost, or to allow or enable others, to use the services provided by TCPIPHost for the purposes of: The transmission of unsolicited email (SPAM) You agree that TCPIPHost, in its sole discretion and without liability
to you, may refuse to accept the registration of any domain name. TCPIPHost
also may in its sole discretion and without liability to you
delete the registration of any domain name during the first thirty
(30) days after registration has taken place. TCPIPHost may also
cancel the registration of a domain name, after thirty (30) days, if
that name is being used in association with spam or morally
objectionable activities. Morally objectionable activities will
include, but not be limited to: activities designed to defame,
embarrass, harm, abuse, threaten, slander or harass third parties;
activities prohibited by the laws of the Canada and/or foreign
territories in which You conduct business; activities designed to
encourage unlawful behavior by others, such as hate crimes, terrorism
and child pornography; activities that are tortious, vulgar, obscene,
invasive of the privacy of a third party, racially, ethnically, or
otherwise objectionable; activities designed to impersonate the
identity of a third party; and activities designed to harm minors in
any way. In the event TCPIPHost refuses a registration or deletes an
existing registration during the first thirty (30) days after
registration, you will receive a refund of any fees paid to TCPIPHost
in connection with the registration either being canceled or refused.
In the event TCPIPHost deletes the registration of a domain name being
used in association with spam or morally objectionable activities, no
refund will be issued.
You agree to release, defend, indemnify and hold harmless TCPIPHost and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with TCPIPHost whether or not on your behalf, and whether or not with your permission) use of the services provided by TCPIPHost. Should TCPIPHost be notified of a pending law suit, or receive notice of the filing of a law suit, TCPIPHost may seek a written confirmation from you concerning your obligation to indemnify TCPIPHost. Your failure to provide such a confirmation may be considered a breach of this agreement. 10. REPRESENTATIONS AND WARRANTIES You warrant that all information provided by you as part of the registration process is complete and accurate. You also warrant that each registration you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity. You agree that TCPIPHost makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to you against the possibility of objection to, or challenge of, the registration or use of any domain name you register with TCPIPHost. TCPIPHost expressly reserves 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 TCPIPHost, as well as its affiliates, subsidiaries, officers, directors and employees. TCPIPHost also reserves the right to freeze a domain name during resolution of a dispute. 11. 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, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 12. SEVERABILITY; ENTIRETY You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect. You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between you and TCPIPHost regarding the services contemplated herein. 13. VENUE; WAIVER OF TRIAL BY JURY THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE PROVINCE OF BRITISH COLUMBIA. EXCEPT FOR DISPUTES CONCERNING THE USE OF A DOMAIN NAME REGISTERED WITH TCPIPHost, THE LAWS AND JUDICIAL DECISIONS OF VANCOUVER, BRITISH COLUMBIA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF VANCOUVER, BRITISH COLUMBIA. FOR THE ADJUDICATION OF DISPUTES CONCERNING THE USE OF ANY DOMAIN NAME REGISTERED WITH TCPIPHost, YOU AGREE TO SUBMIT FOR JURISDICTION AND VENUE TO THE BRITISH COLUMBIA PROVINCIAL COURT LOCATED IN VANCOUVER, BRITISH COLUMBIA. YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT. 14. NOTICES You agree that all notices (except for notices concerning breach of this agreement) from TCPIPHost to you may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address you have on file with TCPIPHost or mailed first class postage to the postal address you have on file with TCPIPHost. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from you to TCPIPHost shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
Delivery shall be deemed to have been made by you to TCPIPHost five (5) days after the date sent. 15. PROVISIONS SPECIFIC TO .COM, .NET, and .ORG REGISTRATIONS Indemnification. You agree to indemnify, defend and hold harmless VeriSign-GRS, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. 16. ADDITIONAL REQUIREMENTS FOR .INFO REGISTRANTS If you are registering a .info domain name you also agree to:
17. ADDITIONAL REQUIREMENTS FOR .BIZ REGISTRANTS If you are registering a .biz domain name you also agree to: BIZ RESTRICTIONS BIZ CERTIFICATION DOMAIN NAME DISPUTE POLICY 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. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. DOMAIN NAME DISPUTES RESERVATION OF RIGHTS Copyright © 2002 TCPIPHost All rights reserved. |