Form of Registration Agreement
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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 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
the Services.
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SELECTION OF A DOMAIN NAME.
You represent that, 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 and, further, that the domain name is not
being registered for nor shall it at any time whatsoever be used
for any unlawful purpose whatsoever.
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FEES.
As consideration for the Services, you agree to pay Reseller 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 Account
Information and all other statements put forth in your application
are true, complete and accurate. Both ResellOne.net and the
Registry reserve the right to terminate your domain name
registration if: (i) information provided by you or your agent is
false, inaccurate, incomplete, unreliable, misleading or otherwise
secretive; or (ii) you have failed to maintain, update and keep
your Account Information true, current, complete, accurate and
reliable. You acknowledge that a breach of this Section 3 will
constitute a material breach of our Agreement which will entitle
either us or the Registry to terminate this agreement immediately
upon such breach without any refund and without notice to you.
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TERM.
This Agreement will remain in full force during the length of the
term of your Domain Name Registration 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, the term of this Registration Agreement will 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 either we or the Registry 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.icann.org/udrp/udrp-policy-24oct99.htm
and as such 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.
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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.
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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.icann.org/udrp/udrp-policy-24oct99.htm.
Please take the time to familiarize yourself with this policy.
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DOMAIN NAME
DISPUTES. You agree that,
if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the provisions
specified in the Dispute Policy. You agree that in the event a
domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. For any dispute, you
agree to submit to the jurisdiction of the courts of the Province
of Ontario.
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POLICY.
You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to a
ResellOne.net, Registry, ICANN or government-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent
with a ResellOne.net, Registry, ICANN or government-adopted
policy, (1) to correct mistakes by us or the Registry in
registering the name or (2) for the resolution of disputes
concerning the domain name.
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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
any third party licensee and that the third party agrees to the
terms hereof.
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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). We and our contractors shall not be liable for any
direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the Services or
for the cost of procurement of substitute services. Because some
states do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states, our liability
is limited to the extent permitted by law. We disclaim any and all
loss or liability resulting from, but not limited to: (1) loss or
liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data mis-delivery;
(3) loss or liability resulting from acts of God; (4) loss or
liability resulting from the unauthorized use or misuse of your
account 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.
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INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors and affiliates and VeriSign, Inc.,
and its directors, officers, employees, agents and affiliates
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 with your computer, 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 may be considered by us to 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 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.
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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 within
thirty (30) calendar days of the date of such notice, you fail to
provide evidence, which is reasonably satisfactory to us, that you
have not breached your obligations under the Agreement, then we
may delete the registration or reservation of your domain name.
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 the
registration, reservation or use of the domain name.
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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 name and postal
address (or, if different, that of the domain name holder);
(ii) The domain name being registered;
(iii)
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the
domain name; and
(iv) The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the billing contact for the
domain name.
Any other
information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected such
that we can continue to improve the products and services offered
to you through your Reseller.
19. 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, and guidelines, limits
and restrictions on disclosure or 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
Reseller.
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.
21. RIGHT OF REFUSAL. We,
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 within a
thirty (30) day period following registration if we believe the
registration has been made possible by a mistake, made either by
us or by a third party.
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SEVERABILITY.
You agree that the terms of this Agreement are severable. If any
term or provision is declared invalid or unenforceable, that term
or provision will be construed consistent with applicable law as
nearly as possible to reflect the original intentions of the
parties, and the remaining terms and provisions will remain in
full force and effect.
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NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be
construed as creating any agency, partnership, or other form of
joint enterprise between the parties.
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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
regular mail. 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
notification to us or to Reseller to domainmanager@resellone.net
or, in the case of notice to you, at 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 Reseller
shall be sent to:
ResellOne.net 390
Benmar Drive, Suite 200 Houston, Texas 77060 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 us
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.
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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.
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INFANCY. You attest that you are of legal age to enter into this Agreement.
29. FORCE MAJEURE. You
acknowledge and agree that neither we nor the Registry shall be
responsible for any failures or delays in
performing our respective obligations hereunder arising from any
cause beyond our reasonable control, including but not limited to,
acts of God, acts of civil or military authority, fires, wars,
riots, earthquakes, storms, typhoons and floods.
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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. |