Form of
Registration Agreement
1
AGREEMENT.
In this Registration Agreement ("Agreement") "you" and "your"
refer to the registrant of each domain name registration, "we",
"us" and "our" refer to Resellone.net, "Registry Operator" refers
to Neulevel Inc. and "Services" refers to the domain name
registration provided by us. This Agreement explains our
obligations to you, and explains your obligations to us for
various Services.
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.BIZ RESTRICTIONS.
Registrations in
the .biz top level domain must be used or intended to be used
primarily for bona fide business or commercial purposes. For the
purposes of the .biz registration 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:
(i) to exchange goods, services, or property of any kind;
(ii)
in the ordinary course of business; or
(iii)
to facilitate (i) the exchange of goods, services, information or
property of any kind; or (ii) the ordinary course of trade or
business.
For more
information on the .biz restrictions, which are incorporated
herein by reference, please see
http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
3. SELECTION OF A
DOMAIN NAME.
You represent that:
(i)
the data provided in the domain name registration application is
true, correct, up to date and complete, and that you will continue
to keep all of the information provided correct, up-to-date and
complete;
(ii)
to the best of the your knowledge and belief, neither this
registration of a domain name nor the manner in which it is
directly or indirectly to be used infringes upon the legal rights
of a third party;
(iii) that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose
whatsoever;
(iv)
the registered 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 (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;
(v) you have the authority to enter into this Registration
Agreement; and
(vi) the registered domain name is reasonably related to your
business or intended commercial purpose at the time of
registration.
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FEES.
As consideration for the Services you have selected, you agree to
pay the RSP the applicable service(s) fees. All fees payable
hereunder are non-refundable. As further consideration for the
Services, you agree to: (1) provide certain current, complete and
accurate information about you as required by the registration
process and (2) maintain and update this information as needed to
keep it current, complete and accurate. All such information shall
be referred to as account information ("Account Information"). By
submitting this Agreement, you represent that the statements in
your Application are true, complete and accurate.
2
TERM.
This Agreement shall remain in full force during the length of the
term of your domain name registration(s) as selected, recorded,
and paid for upon registration of the domain name. Should you
choose to renew or otherwise lengthen the term of your domain name
registration, then the term of this Registration Agreement shall
be extended accordingly. Should the domain name be transferred to
another Registrar, the terms and conditions of this contract shall
cease.
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MODIFICATIONS TO
AGREEMENT. You agree
that we may: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided under this
Agreement. You agree to be bound by any such revision or change
which shall be effective immediately upon posting on our web site
or upon notification to you by e-mail or your country's postal
service pursuant to the Notices section of this Agreement. You
agree to review this Agreement as posted on our web site
periodically to maintain an awareness of any and all 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 postal service pursuant to the Notices section
of this Agreement. Notice of your termination shall be effective
after processing by us. You agree that, by continuing the use of
Services following notice of any revision to this Agreement or
change in service(s), you shall be bound by any such revisions and
changes. You further agree to be bound by the ICANN Uniform
Dispute Resolution Policy ("Dispute Policy") as presently written
and posted on http://www.resellone.net/disputes/ and as shall be
amended from time to time. You acknowledge that if you do not
agree to any such modifications, you may request that your domain
name be deleted from the domain name database. We will not refund
any fees paid by you if you terminate your agreement with us.
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MODIFICATIONS TO
YOUR ACCOUNT. In order
to change any of your account information with us, you must use
your Account Identifier and Password that you selected when you
opened your account with us. You agree to safeguard your Account
Identifier and Password from any unauthorized use. In no event
shall we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
5
DOMAIN NAME
DISPUTE POLICY. If you
reserved or registered a domain name through us, or transferred a
domain name to us from another registrar, you agree to be bound by
the 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 http://www.resellone.net/disputes/. Please
take the time to familiarize yourself with this policy.
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DOMAIN NAME
DISPUTES. You
acknowledge having 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:
(i) The Uniform Domain Name Dispute Resolution Policy ("Dispute
Policy), available at
http://www.icann.org/udrp/;
(ii) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"),
available at
http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, "Dispute Policies").
The Dispute Policy
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
endorsed on a case-by-case, fact specific basis by an independent
ICANN-accredited dispute provider.
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POLICY.
You agree that your
registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any ResellOne.net, Registry
Operator, ICANN or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with an ICANN or
government-adopted policy, (1) to correct mistakes by us or the
applicable Registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
2
AGENCY.
Should you intend to license
use of a domain name to a third party you shall nonetheless be the
domain name holder of record and are therefore responsible for
providing your own full contact information and for providing and
updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that
arise in connection with the domain name. You shall accept
liability for harm caused by wrongful use of the domain name. You
represent that you have provided notice of the terms and
conditions in this Agreement to a third party licensee and that
the third party agrees to the terms hereof. You acknowledge and
agree that the domain name has not been registered solely for the
purposes of selling, trading or leasing for compensation and will
be used for a business or commercial purpose.
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ANNOUNCEMENTS.
We reserve the right to distribute information to you that is
pertinent to the quality or operation of our services and those of
our service partners. These announcements will be predominately
informative in nature and may include notices describing changes,
upgrades, new products or other information to add security or to
enhance your identity on the Internet.
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LIMITATION OF
LIABILITY. You agree
that our entire liability, and your exclusive remedy, with respect
to any Services(s) provided under this Agreement and any breach of
this Agreement is solely limited to the amount you paid for such
Service(s). Neither we nor our contractors or third party
beneficiaries shall be liable for any direct, indirect,
incidental, special or consequential damages resulting from the
use or inability to use any of the Services or for the cost of
procurement of substitute services. Because some jurisdictions do
not allow the exclusion or limitation of liability for
consequential or incidental damages, in such jurisdictions, 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 miss-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting from
the unauthorized use or misuse of your account identifier or
password; (5) loss or liability resulting from errors, omissions,
or misstatements in any and all information or services(s)
provided under this Agreement; (6) loss or liability resulting
from the interruption of your Service. You agree that we will not
be liable for any loss of registration and use of your domain
name, or for interruption of business, or any indirect, special,
incidental, or consequential damages of any kind (including lost
profits) regardless of the form of action whether in contract,
tort (including negligence), or otherwise, even if we have been
advised of the possibility of such damages. In no event shall our
maximum liability exceed five hundred ($500.00) dollars.
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INDEMNITY.
You agree to release, indemnify, and hold us, the Registry
Operator, our contractors, agents, employees, officers, directors,
affiliates and third party beneficiaries harmless from all
liabilities, claims and expenses, including attorney's fees, of
third parties relating to or arising under this Agreement, the
Services provided hereunder or your use of the Services, including
without limitation infringement by you, or someone else using the
Service of any intellectual property or other proprietary right of
any person or entity, or from the violation of any of our
operating rules or policy relating to the Service(s) provided. You
also agree to release, indemnify and hold us harmless pursuant to
the terms and conditions contained in the Dispute Policy. When we
are threatened with suit by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your
failure to provide those assurances shall be a breach of your
Agreement and may result in deactivation of your domain name. This
indemnification obligation will survive the termination or
expiration of this agreement.
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TRANSFER OF
OWNERSHIP. The person
named as registrant on the WHOIS shall be the registered name
holder. The person named as administrative contact at the time the
controlling user name and password are secured shall be deemed to
be the designate of the registrant with the authority to manage
the domain name. You agree that prior to transferring ownership of
your domain name to another person (the Transferee") you shall
require the Transferee to agree in writing to be bound by all the
terms and conditions of this Agreement. Your domain name will not
be transferred until we receive such written assurances or other
reasonable assurance that the Transferee has been bound by the
contractual terms of this Agreement (such reasonable assurance as
determined by us in our sole discretion) along with the applicable
transfer fee. If the Transferee fails to be bound in a reasonable
fashion (as determine by us in our sole discretion) to the terms
and conditions in this Agreement, any such transfer will be null
and void. You acknowledge that you will not be entitled to change
registrars during the first sixty (60) days following the
registration of your domain name.
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BREACH.
You agree that failure to abide
by any provision of this Agreement, any operating rule or policy
or the Dispute Policy provided by us, may be considered by us to
be a material breach and that we may provide a written notice,
describing the breach, to you. If you fail to provide evidence,
which is reasonably satisfactory to us, that you have not breached
your obligations under the Agreement, then we may delete the
registration or reservation of your domain name. Any such breach
by you shall not be deemed to be excused simply because we did not
act earlier in response to that, or any other breach by you.
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NO GUARANTY.
You acknowledge that registration or reservation of your chosen
domain name does not confer immunity from objection to either the
registration, reservation, or use of the domain name.
18. DISCLAIMER OF WARRANTIES.
You agree that your use of our Services is solely at your own
risk. You agree that such
Service(s) is provided on an "as is," "as available" basis. 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 the Services 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 the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of 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 the Service or any transactions entered into
through the Service. No advice or information, whether oral or
written, obtained by you from us or through the Service shall
create any warranty not expressly made herein.
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INFORMATION.
As part of the registration process, you are required to provide
us certain information and to update us promptly as such
information changes such that our records are current, complete
and accurate. You are obliged to provide us the following
information:
(i) Your full name, postal
address, e-mail address and telephone number and fax number (if
available) (or, if different, that of the domain name holder);
(ii) The domain name being registered;
(iii)
The name, postal address, e-mail address, and telephone number and
fax number (if available) telephone numbers of the administrative
contact, the technical contact and the billing contact for the
domain name;
(iv) The IP addresses and names of the primary nameserver and any
secondary nameserver(s) for the domain name.
Any other
information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected for
the purpose of improving the products and services offered to you
through your RSP.
20. DISCLOSURE
AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make domain name
registration information you provide available to ICANN, to the
registry administrators, and to other third parties as applicable.
You further agree and acknowledge that we may make publicly
available, or directly available to third party vendors, some, or
all, of the domain name registration information you provide, for
purposes of inspection (such as through our WHOIS service) or
other purposes as required or permitted by ICANN and applicable
laws.
You hereby consent
to any and all such disclosures and use of information provided by
you in connection with the registration of a domain name
(including any updates to such information), whether during or
after the term of your registration of the domain name. You hereby
irrevocably waive any and all claims and causes of action you may
have arising from such disclosure or use of your domain name
registration information by us.
You may access your
domain name registration information in our possession to review,
modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your RSP.
We will not process
data about any identified or identifiable natural person that we
obtain from you in a way incompatible with the purposes and other
limitations which we describe in this Agreement.
We will take
reasonable precautions to protect the information we obtain from
you from our loss, misuse, unauthorized accessor disclosure,
alteration or destruction of that information.
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REVOCATION.
Your wilful provision of inaccurate or unreliable information,
your wilful failure promptly to update information provided to us,
or any failure to respond to inquiries by us addressed to the
email address of the registrant, the administrative, billing or
technical contact appearing in the "Whois" directory with respect
to a domain name concerning the accuracy of contact details
associated with the registration shall constitute a material
breach of this Agreement and be a basis for cancellation of the
domain name registration. Any information collected by us
concerning an identified or identifiable natural person ("Personal
Data") will be used in connection with the registration of your
domain name(s) and for the purposes of this Agreement and as
required or permitted by the ICANN Agreement or an ICANN/Registry
Operator policy.
22. RIGHT OF REFUSAL.
We, and/or Registry Operator, in our sole discretion, reserve the
right to refuse to register or reserve your chosen domain name or
register you for other Services. In the event we do not register
or reserve your domain name or register you for other Services, or
we delete your domain name or other Services within such thirty
(30) calendar day period, we agree to refund your applicable fee(s).
You agree that we shall not be liable to you for loss or damages
that may result from our refusal to register, reserve, or delete
your domain name or register you for other Services.
We
reserve the right to delete or transfer your domain name following
registration if we believe the registration has been made possible
by a mistake, made either by us or by a third party. We also
reserve the right to suspend a domain name during resolution of a
dispute.
2
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.
3
NON-AGENCY.
Nothing contained in this Agreement or the Dispute Policies shall
be construed as creating any agency, partnership, or other form of
joint enterprise between the parties.
4
NON-WAIVER.
Our failure to require performance by you of any provision hereof
shall not affect the full right to require such performance at any
time thereafter; nor shall the waiver by us of a breach of any
provision hereof be taken or held to be a waiver of the provision
itself.
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NOTICES.
Any notice, direction or other communication given under this
Agreement shall be in writing and given by sending it via e-mail
or via postal service. In the case of e-mail, valid notice shall
only have been deemed to be given when an electronic confirmation
of delivery has been obtained by the sender. In the case of
e-mail, notifications must be sent to us at
domainmanager@resellone.et,
or in the case of notification to you, to the e-mail address
provided by you in your WHOIS record. Any e-mail communication
shall be deemed to have been validly and effectively given on the
date of such communication, if such date is a business day and
such delivery was made prior to 4:00 p.m. EST, otherwise it will
be deemed to have been delivered on the next business day. In the
case of regular mail notice, valid notice shall be deemed to have
been validly and effectively given 5 business days after the date
of mailing and, in the case of notification to us or to RSP shall
be sent to:
Our address:
ResellOne.net 390 Benmar Drive, Suite 200 Houston, Texas.
Attention: Domain Manager and in the case of notification to you
shall be to the address specified in the "Administrative Contact"
in your WHOIS record
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ENTIRETY.
You agree that this Agreement, the rules and policies published by
Resellone.net, ICANN and/or the Registry Operator and the Dispute
Policy are the complete and exclusive agreement between you and us
regarding our Services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether
established by custom, practice, policy or precedent.
2
GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED
IN ACCORDANCE WITH THE LAWS OF STATE OF TEXAS AND THE FEDERAL LAWS
OF USA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING
CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE
BROUGHT IN HOUSTON AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION
OF SUCH COURTS.
3
INFANCY.
You attest that you are of legal age to enter into this Agreement.
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FOREIGN LANGUAGE:
Controlling Language. In
the event that you are reading this agreement in a language other
than the English language, you acknowledge and agree that the
English language version hereof shall prevail in case of
inconsistency or contradiction in interpretation or translation.
ACCEPTANCE OF AGREEMENT.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY
REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET
FORTH IN THIS AGREEMENT. |