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This Registration Agreement ("Agreement") sets forth
the terms and conditions of your use of domain name registration
and related services ("Services"). In this Agreement "you"
and "your" refer to you and the registrant listed in the
WHOIS contact information for the domain name. "We", "us"
and "our" refer to My-WebHoster.com, Resellers
of an Acredited Registrar.
YOU AGREE TO THIS AGREEMENT: By using the Service(s), you agree
to all terms and conditions of this Agreement, the UDRP (define
below) and the rules, policies, or agreements published in association
with specific of the Service(s) and/or which may be enforced by
by ICANN, the registries, and governments.
PASSAGE OF TIME: This Agreement will change over time. If you no
longer agree with the terms of this Agreement, you agree that your
exclusive remedy is to transfer your domain name to another registrar
or request of us that we cancel your domain name registration. If
you continue to use the Services following a change in this Agreement
and/or the Services, your continued use of the Services indicates
your consent to the changes. Any such revision or change will be
binding and effective within 30 days of when the revised Agreement
or change to the Service(s) is posted, or immediately after viewing
the revised Agreement or immediately on notification to you by e-mail
or United States mail. You agree to review this Agreement periodically
to make yourself aware of any such revisions.
YOUR ACCOUNT: You must create an account to use the Services. You
are responsible for maintaining and updating all login IDs, passwords,
and for all access to and use of your account by you or any third
party.
SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S): We may
reject your domain name registration application or elect to discontinue
providing Service(s) to you for any reason within 30 days of a Service
initiation or a Service renewal. Outside of this period, we may
terminate or suspend the Service(s) at any time for cause, which,
without limitation, includes registration of prohibited domain name(s),
abuse of the Services, payment irregularities, serious allegations
of illegal conduct, or if your use of the Services involves us in
a violation of any Internet Service Provider's ("ISP's")
acceptable use policies, including the transmission of unsolicited
bulk email. If we have grounds to terminate or suspend Service(s)
to one domain name or in relation to other Service(s) provided through
your account, we may terminate or suspend all Service(s) provided
through your account, including Service(s) to other domain names.
No fee refund will be made when there is a suspension or termination
of Service(s) for cause. At any time and for any reason, we may
terminate the Services upon 30 day notice, which notice will be
considered received by you five days after it is transmitted via
mail or email to the WHOIS contact information provided in association
with your domain name registration. Following notice of termination
other than for cause, you must transfer your domain name or risk
that we may delete your domain name or suspend or modify Services
to it. If we terminate Services for a reason other than cause, we
will attempt to refund your fees. You further acknowledge and agree
that your registration of a domain name is subject to suspension,
cancellation or transfer by any ICANN procedure, by any registrar
or registry administrator procedures approved by an ICANN-adopted
policy, to correct mistakes by us, another registrar or the registry
administrator in administering the domain name or for the resolution
of disputes concerning the domain name.
OUR SERVICES: We are resellers of an accredited registrar with
the Internet Corporation for Assigned Names and Numbers ("ICANN")
for Top Level Domain Names ("TLDs") (such as .com, .net,
.org, .de, co.uk, etc.). ICANN oversees registrations and other
aspects of the TLDs. Domain name registrations are not effective
until the registry administrator puts them into effect. For a list
of registry administrators and for more information on TLDs, see
HYPERLINK http://www.icann.org/tlds/. Domain name registrations
are only for limited terms, terms which end on the expiration date.
For domain names which are created as a new registration out of
the available namespace, the term begins on the date the domain
name registration is acknowledged by the applicable registry; for
domain names registrations which were not returned to the available
namespace, the term begins on the date the previous registrant's
domain name registration was acknowledged by the applicable registry.
You agree that we are not liable or responsible in any way for any
errors, omissions or any other actions by the registry administrator
arising out of or related to your application and receipt of, failure
to receive, or revocation of a domain name registration.
YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT
US TO ANY CLAIM(S). You further agree to indemnify, defend and hold
harmless us, your Primary Service Provider, and applicable registry
administrator(s) (including Verisign Inc., Neulevel, Inc., Public
Interest Registry, Afilias Limited, and other registry operators
listed at http://www.icann.org/registries/listing.html) and all
such parties' directors, officers, employees, and agents from and
against any and all claims, damages, liabilities, costs, and expenses
(including any direct, indirect, incidental, special or consequential
damages and reasonable legal fees and expenses) arising out of,
or related to, your domain name registration.
NOT INCLUDED IN THE SERVICES: Without limitation, the following
are not included in the Services: We cannot and do not check to
see whether the domain name(s) you select, or the use you make of
the domain name(s), or other of the Service(s), infringes legal
rights of others. It is your responsibility to know whether or not
the domain name(s) you select or use infringes legal rights of others.
We might be ordered by a court to cancel, modify, or transfer your
domain name; it is your responsibility to list accurate contact
information in association with your account and to communicate
with litigants, potential litigants, and governmental authorities.
It is not our responsibility to forward court orders or other communications
to you. We will comply with court orders unless you contact us to
contest the order.
IF LAWSUIT(S) ARE THREATENED: If we are sued or threatened with
lawsuit in connection with Service(s) provided to your account,
we may turn to you to indemnify us and to hold us harmless from
the claims and expenses (including attorney's fees and court costs).
Under such circumstances, you agree that you will, upon demand,
obtain a performance bond with a reputable bonding company or, if
you are unable to obtain a performance bond, that you will deposit
money with us to pay for our reasonably anticipated expenses in
relation to the matter for the coming year. Such deposit will be
drawn down as expenses are incurred, with all account notices sent
to the WHOIS contact information provided in association with your
domain names and/or account. We shall not be obliged to extend you
any credit in relation to such expenses and we may terminate the
Services for a failure to make or renew such a deposit. We will
return any unused deposit upon the later of one year from deposit
or the conclusion of the matter.
DISPUTE RESOLUTION POLICY: You agree to the Uniform Domain NameDispute
Resolution Policy ("UDRP"), information regarding which
is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm.
You agree that the UDRP may be changed by ICANN (or ICANN's successor)
at any time. 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 in effect
at the time your domain name registration is disputed by the third
party. You also 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 of the UDRP. You also understand that
it is important for you to regularly monitor email sent to the email
address associated with your account and domain names because, among
other reasons, if a dispute arises regarding Services provided to
you, you may loose your rights to receive the Services if you do
not respond expeditiously to an email sent in conjunction therewith.
FEES: As consideration for the Service(s), renewal of the Service(s),
and, if you select it, automatic renewal of the Service(s), you
agree to pay, prior to the effectiveness of the desired Service(s),
the applicable Service(s) fees. All fees are non-refundable, in
whole or in part, even if your domain name registration is suspended,
cancelled or transferred prior to the end of your then current registration
term, unless this Agreement specifically provides for a refund.
At our option, we may require that you pay fees through a particular
payment means (such as by credit card or by wire transfer) or that
you change from one payment provider to another.
CREDIT CARD CHARGES: If you have an issue with credit card charges,
you should contact us regarding the issue before you contact your
credit card company to request a charge back. In the event of a
charge back by a credit card company (or similar action by another
payment provider allowed by us) in connection with your payment
of fees for any Service(s), you agree that we may suspend access
to any and all accounts you have with us and that all right, title,
interest in, and use of any domain name registration(s) and/or websites,
email, or other data hosted on our systems shall be assumed by us
as the case may be. We will reinstate your rights solely at our
discretion, and subject to our receipt of the unpaid fee(s) and
our then-current reinstatement fee, currently set at US $210. Charges
for the Service(s) which use our credit card payment processor will
be identified on your credit card statement as "Total Online
Solutions, Inc. or TOTALONLINE"
EXPIRATION AND RENEWAL OF SERVICE(S): You acknowledge that it is
your responsibility to keep your own records and to maintain your
own reminders regarding when your domain name registration or other
Services are set to expire. As a convenience to you, and not as
a binding commitment, we may notify you via an email message or
via your account when renewal fees are due. Should these fees go
unpaid, your Services will expire or be cancelled. Payment must
be made by credit card or such other method as we may allow or require
from time to time. If you select automatic renewal of the Service(s),
we may attempt to renew the Service(s) a reasonable time before
expiration, provided your account has available credit to cover
the fees. You acknowledge that it is your responsibility to keep
your billing information up to date and that we are not required
to, but that we may, contact you to update this information in the
event that an attempted transaction is not processed successfully.
ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
As further consideration for the Service(s), you agree to provide
certain current, complete and accurate information about you, both
with respect to your account information and with respect to the
WHOIS information for your domain name(s). You agree to maintain
and update this information as needed to keep it current, complete
and accurate. With respect to you, the administrative, technical,
and billing contacts for your domain name registration(s) and other
Service(s), you must submit the following: name, postal address,
e-mail address, voice telephone number, and where available, fax
number. You agree that the type of information you are required
to provide may change change and you understand that, if you do
not wish to provide the newly required information, your registration
or Service(s) may be suspended or terminated or may not be renewed.
All other information which we may request from you at registration
is voluntary. However, not providing the requested information may
prevent you from obtaining all Service(s) made available to domain
name registrants by us. You may also provide information regarding
the name-servers assigned to your domain name(s) and, if we are
providing name-server services to you, the DNS settings for the
domain name. If you do not provide complete name-server information,
you agree that we may supply this information (and point your domain
name to a website of our choosing) until such time as you elect
to supply the name-server information.
YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND
WHOIS CONTACT INFORMATION: In the event that, in registering a domain
name or obtaining other Service(s), you provide information about
or on behalf of a third party, you represent that you have (a) provided
notice to that third party of the disclosure and use of that party's
information as set forth in this Agreement, and (b) that you have
obtained the third party's express consent to the disclosure and
use of that party's information as set forth in this Agreement.
By registering a domain name or applying for Services you also represent
that the statements in your application are true and you also represent
that the domain name is not being registered or the Services being
procured for any unlawful purpose. You acknowledge that providing
inaccurate information or failing to update information promptly
will constitute a material breach of this Agreement and will be
sufficient basis for suspension or termination of Services to you.
You further agree that your failure to respond for over ten (10)
calendar days to inquiries by us concerning the accuracy of account
and WHOIS contact information shall constitute a material breach
of this Agreement and will be sufficient basis for suspension or
termination of Service(s) to you. As indicated elsewhere in this
Agreement, you understand that it is important for you to regularly
monitor email sent to the email address associated with the in your
account and WHOIS contact information because, among other reasons,
if a dispute arises regarding a domain name(s) or other Service(s),
you may loose your rights to the domain name(s) or your right to
receive the Service(s) if you do not respond appropriately to an
email sent in conjunction therewith.
ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY:
In order to change any of your account or domain name WHOIS information,
you must access your account with us. Please safeguard your account
login identifier and password from any unauthorized use. You agree
that any person in possession of your account login identifier and
password will have the ability and your authorization to modify
your account and domain name information. We will take reasonable
precautions to protect the information we obtain from you from loss,
misuse, unauthorized access or disclosure, alteration or destruction
of that informationand that such reasonable precautions include
procedures for releasing account access information to parties who
claim to have lost account access information you agree that, if
we take reasonable precautions in relation thereto, that IN NO EVENT
SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT
THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD
AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR
LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION
OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact
us alleging that a third party has unauthorized access to your account
or domain names, you agree that we may charge you administrative
fees of $50 per hour for our time, regardless of whether or not
we return control over the account and/or domain names to you.
TRANSFERS: You agree that transfer of your domain name(s) shall
be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/,
as this policy may be modified from time to time. You agree that
we may place your domain name(s) on Registrar Lock to prevent them
from being transferred without your authorization, though we are
not required to do so. By allowing your domain name to remain locked,
you provide express objection to any and all transfer requests until
the lock is removed. To transfer your domain name(s) you should
first login to your account to lock or unlock your domain name(s)
and/or to obtain the EPP "AuthCode" which is required
to transfer domains in an EPP registry (such as .org). Only the
registrant and the administrative contacts listed in the WHOIS information
for a domain name may approve or deny a transfer request. Without
limitation, domain names may not be transferred within 60 days of
initial registration, within 60 days of a transfer, if there is
a dispute regarding the identity of the domain name holder, if you
are bankrupt, or if you fail to pay fees when due. We will follow
the procedures for both gaining and loosing registrars as outlined
in ICANN's transfer policies. Transfer requests typically take five
business days to be processed. A transfer will not be processed
if, during this time, the domain name registration expires. You
may be required to resubmit a transfer request if there is a communication
failure or other problem at either our end or at the registry. AS
A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE
OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE
END OF A REGISTRATION TERM.
PRIVACY POLICY: You agree and consent that we will make available
the domain name registration information you provide or that we
otherwise maintain to the following parties: ICANN, the registry
administrator(s), and to other third parties as ICANN and applicable
laws may require or permit (including through web-based and other
on-line WHOIS lookup systems). ), 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 and
other information. Additionally, you acknowledge that ICANN may
establish or modify the 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, and the manner
in which such information is made available. Information regarding
ICANN's guidelines and requirements regarding WHOIS can be found
at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm,
and elsewhere on the ICANN website at http://www.icann.org/index.html.
OWNERSHIP OF INFORMATION AND DATA: You agree and acknowledge that
we own all database, compilation, collective and similar rights,
title and interests worldwide in our domain name database, and all
information and derivative works generated from the domain name
database. You further agree and acknowledge that we own the following
information for those registrations for which we are the registrar:
(a) the original creation date of the registration, (b) the expiration
date of the registration, (c) the name, postal address, e-mail address,
voice telephone number, and where available fax number of all contacts
for the domain name registration, (d) any remarks concerning the
registered domain name that appear or should appear in the WHOIS
or similar database, and (e) any other information we generate or
obtain in connection with the provision of domain name registration
services, other than the domain name being registered, the IP addresses
of the primary nameserver and any secondary nameservers for the
domain name, and the corresponding names of those nameservers. We
do not have any ownership interest in your specific personal registration
information outside of its rights in our domain name database.
AGENTS AND LICENSES: You agree that, if you are registering a domain
name for or on behalf of someone else, you represent that you have
the authority to nonetheless bind that person as a principal to
all terms and conditions provided herein. You agree that if you
license the use of the domain name registered to you to a third
party, you nonetheless remain the domain name holder of record,
and remain responsible for all obligations under this Agreement,
including but not limited to payment obligations, and providing
(and updating, as necessary) both your own full contact information,
and accurate technical, administrative, billing and zone contact
information adequate to facilitate timely resolution of any problems
that arise in connection with the domain name and domain name registration.
USE OF FREE SERVICES: In consideration for providing additional
optional Services for which we do not charge an additional fee,
including, but not limited to, URL forwarding, email forwarding,
free parking page, free website hosting, free email services, or
other services which we may introduce from time to time but for
which there is not a separate fee ("Free Services"), you
agree that, if you use such Free Services, we may display advertising
in conjunction therewith through the use of pop-up or pop-under
browser windows, banner advertisements, audio or video steams, appendices
to emails, or other similar advertising means, and that we may aggregate
related usage data by means of cookies and other similar means.
You agree that from time to time we may provide you with free or
low-cost domain name(s) ("Promotional Name(s)"). If we
do so, the Promotional Name(s) will be placed in the same account
as your other domain name(s) and you will be listed as the registrant,
though we may point the Promotional Name to IP address(es)of our
choosing. If you want to assume control over the Promotional Name,
including the right to transfer or push the Promotional Name or
to the ability to control the DNS settings for the Promotional Name,
you must pay the promotional registration fee or renewal fee, if
any, and agree to the terms of this Agreement with respect to such
Promotional Name(s). If you do not want the Promotional Name, you
may request that we push the Promotional Name, in which case you
will be removed as the registrant and we will be listed as the domain
name registrant. Alternatively, you may contact us to request that
we delete the Promotional Name. For any name, including these Promotional
Names, for which you are listed as registrant but for which you
do not pay the registration or renewal fee, you agree that we may
assign name-servers to the domain name and point the domain name
to IP address(es) designated by us until the registration or renewal
fee is paid.
AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION: After
expiration of the term of a domain name registration and before
deletion of the domain name by the applicable registry, you acknowledge
that we may direct the domain name to name-servers and IP address(es)
designated by us, including, without limitation, to no IP address
or to IP address(es) which host a parking page or a commercial search
engine that may display advertisements, and you acknowledge that
we may either leave your WHOIS information intact or that we may,
but only under certain circumstances, change the contact information
in the WHOIS output for the expired domain name so that you are
no longer the registrant of the expired domain name.
After expiration of the term of a domain name registration, you
acknowledge that certain registry administrators may provide procedures
or grace periods during which expired domain name registrations
may be renewed. You acknowledge that you assume all risks and all
consequences if you wait until close to or after the end of a domain
name registration term to attempt to renew the registration. You
acknowledge that we, for any reason and in our sole discretion,
may choose not to participate in a post-expiration renewal of a
domain name and that we shall not be liable therefore. You acknowledge
that post-expiration renewal or redemption processes, if any, involve
additional fees which we may determine. You acknowledge and agree
that expired domain name(s) may be made available to be registered
or re-registered to any party at any time.
You agree that after expiration of the term of a domain name registration
we may, for a period of 30 days, either i) remove the domain name
from the zone of the top-level-domain (meaning that the domain name
will no longer resolve), or ii) direct the domain name to name-servers
and IP address(es) of website(s) designated by us, including, without
limitation, to IP address(es) which host a parking page or a commercial
search engine. You agree that either are functionally equivalent
to ICANN's or a registry's redemption grace period, which would
normally occur after deletion, and that both provide you with enough
notice that your name is expired and that you should renew it if
you wish to renew it. If we exercise our rights under this provision,
and if you do not contact us to pay for and renew the domain name
prior to the end of the 30 days, you agree that you have abandoned
the domain name.
After this 30 day period, you agree that we may, possibly via a
sub-contractor, solicit and provide for a third party to pay to
renew the domain name's registration term and to allow such a third
party to assume complete control over the domain name as its registrant
(a "Post-Expiration Registrant Change", or "PERC").
If we enter into a PERC transaction with such a third party (the
"PERC Customer"), we will send an email notification to
the email addresses, if any, which were listed for the registrant
and the administrative contact(s) for the domain name when it was
registered by you (the "PERC Notification"). You acknowledge
that you might not receive the PERC Notification and that it is
not our obligation to confirm whether or not the PERC Notification
was received by you. The previously listed registrant (typically
you) may receive a portion of the funds received by us for the PERC
as follows: (i) if the domain name was registered directly through
us, the previously listed registrant may receive twenty percent
(20%) of the Net Proceeds received by us (either directly or from
a third party vendor providing services to us) as a result of the
PERC; or (ii) if the domain name was registered with us, the previously
listed registrant may receive fifteen percent (15%) of the Net Proceeds
received by us as a result of the PERC. You acknowledge and agree
that the PERC may be accomplished through an auction involving one
or more parties who are interested in the domain name. If it is
determined that either the registrant or the administrative contact
for the domain name or anyone acting on behalf of such a party participated
in the auction, then none of the Net Proceeds will be paid out or
if paid out must be returned to us. "Net Proceeds" means
the total fees paid to us (either directly or by a third party providing
services to us) as a result of the PERC, less registry fees, ICANN
fees, taxes, credit card charge-backs, processing and check fees,
and other costs or fees associated with the PERC. You agree that
we shall have no obligation to make the foregoing payments unless,
within ninety (90) days after the date of the PERC Notification,
the previously listed registrant provides us with the name, address
and other information requested (including, but not limited to,
a Form W-9, if applicable) in the PERC Notification. We cannot guarantee,
and we make no representation or promise, that any PERC will occur
with respect to a domain name registered by you. You understand
that, if you do not wish to participate in this process, that you
may renew your domain name registration in the available time and
that you may arrange for the sale or other disposition of the domain
name on your own.
Alternatively, if you do not contact us to renew the domain name
registration during the 30 day period described above, and if we
are unable or unwilling to arrange a PERC, you agree that we may
either (i) delete the domain name at any time thereafter or (ii)
that we may pay the registry free or otherwise allow it to continue
to be registered with the WHOIS information previously provided
by you and pointing to the name-server(s) and IP address(es) designated
by us, and that we will not remove it from the TLD zone. In the
latter event, the name will be designated as being in the extended
redemption grace period ("ERGP"), and you will be allowed
to assume, during the first 90 days of the then extant registration
term, complete management of the domain name, including the right
to control the DNS information, provided that you pay the registration
fees for a one-year registration term and our ERGP redemption fee.
After the end of the 90-day period, if you do not exercise your
rights under this provision, you agree that you have abandoned the
domain name, and relinquish all rights and control over the domain
name, and that you are no longer the registrant of the domain name,
and that we may list ourselves or another party as the registrant
of the domain name in the WHOIS. If we exercise our rights under
this provision and you do not wish to be listed as the registrant
and you wish to forego your option under this provision to pay to
renew the domain name registration for the then-current registration
term, you may notify us before the end of the 90-day period and
request that we remove your information from the WHOIS record for
the domain name, in which case we, or a third party we designate,
will be listed as the registrant, and in which case you relinquish
all rights and control over the domain name, and in which case we
may i) continue to point the domain name to IP address(es) designated
by us, or ii) we may delete the domain name.
ANNOUNCEMENTS: You agree that we may distribute information to
you that is pertinent to the quality or operation of our Service(s).
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 and/or they may include information or announcements
which ICANN, the registries, or others may require us to distribute.
LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR
LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME
REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT
LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF
OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS
OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS
OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME
REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF
OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING
OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY
RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER
OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. WE ALSO 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 AGGREGATE LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO
EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00). BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY
SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNITY: With respect to ICANN, the registry operators, us, as
well as the contractors, agents, employees, officers, directors
and affiliates of such parties, you agree to release, indemnify,
and hold such parties harmless from all liabilities, claims and
expenses, including attorney's fees and court costs, for third party
claims relating to or arising under this Agreement, the Service(s)
provided hereunder, or your use of the Service(s), including, without
limitation, infringement by you, or by anyone else using the Service(s)
we provide to you, of any intellectual property or other proprietary
right of any person or entity, or from the violation of any of our
operating rules or policies relating to the Service(s) provided.
When we may be involved in a suit involving a third party and which
is related to our Service(s) to you under this Agreement, we may
seek written assurances from you in which you promise to indemnify
and hold us harmless from the costs and liabilities described in
this paragraph. Such written assurances may include, in our sole
discretion, the posting of a performance bond(s) or other guarantees
reasonably calculated to guarantee payment. Your failure to provide
such assurances may be considered by us to be a breach of this Agreement
by you and may, in our sole discretion, result in loss of your right
to control the disposition of domain names for which you are the
registrant and in relation to which we are the registrar of record.
This indemnification is in addition to any indemnification required
under the UDRP.
REPRESENTATIONS AND WARRANTIES: YOU REPRESENT THAT, TO THE BEST
OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN
NAME NOR NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED
NOR THE USE OF OTHER OF THE SERVICE(S) INFRINGES THE LEGAL RIGHTS
OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION
PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICE(S)
IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU "AS IS."
EXCEPT FOR OUR STATEMENT REGARDING OUR STATUS AS A RESELLER FOR
AN ICANN-APPROVED DOMAIN NAME REGISTRAR, WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF
A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM
CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION,
CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER
EMAIL 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 OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS
ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
GOVERNING LAW: this Agreement, your rights and obligations and
all actions contemplated by this Agreement shall be governed by
the laws of the United States of America and the State of Florida,
as if the Agreement was a contract wholly entered into and wholly
performed within the State of Florida. You agree that any action
to enforce this Agreement or any matter relating to your use of
the Services shall be brought exclusively in the United States District
Court in the County of Sarasota, Florida, or if there is no jurisdiction
in such court, then in a state court in Sarasota County, Florida
state. You consent to the personal and subject matter jurisdiction
of any state or Federal court in Sarasota County, Florida state
in relation to any dispute arising under this Agreement. You agree
that service of process on you by us in relation to any dispute
arising under this Agreement may be served upon you by first class
mail to the address listed by you in your account and/or domain
name WHOIS information or by electronically transmitting a true
copy of the papers to the email address listed by you in your account
and/or domain name WHOIS information.
NOTICES: You agree that any notices required to be given under
this Agreement by us to you will be deemed to have been given if
delivered in accordance with the account and/or domain name WHOIS
information you have provided.
INFANCY: You attest that you are of legal age to enter into this
Agreement.
GENERAL: This Agreement and the UDRP, together with all modifications,
constitute the complete and exclusive agreement between you and
us, and supersede and govern all prior 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 the parties. The failure of us to require
your performance 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. In the event that any
provision of this Agreement shall be unenforceable or invalid under
any applicable law or be so held by applicable court decision, such
unenforceability or invalidity shall not render this Agreement unenforceable
or invalid as a whole. We will amend or replace such provision with
one that is valid and enforceable and which achieves, to the extent
possible, our original objectives and intent as reflected in the
original provision. This Agreement may not be amended or modified
by you except by means of a written document signed by both you
and an authorized representative of us.
ADDITIONAL REGISTRY REQUIREMENTS:
You, the registrant, must agree to each registry's domain regitration
agreement should you desire to register a domain name in these registries:
| .BIZ |
.DE |
.NAME |
.US |
| .BZ |
.NU |
.CC |
.TV |
| .WS |
.UK |
.INFO |
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Spam Policy:
My-WebHoster.com, will not, under any circumstances, tolerate Spam, UBE (Unauthorized Bulk Email) or
UCE (Unauthorized Commercial Email) and will not allow individuals to
“hide” behind our services in order to engage in, or to avoid detection from being involved in,
these prohibited activities. We have drafted this policy so that every existing and potential My-WebHoster.com
customers are on notice as to the steps My-WebHoster.com will take to ensure that its services do not become a
vehicle or shield for spammers.
TOTAL
ONLINE SOLUTIONS INC. RESERVES THE RIGHT TO TERMINATE ITS SERVICES FROM
ANY DOMAIN KNOWN TO BE ORIGINATING SPAM, WITHOUT QUESTION. IF TOTAL
ONLINE SOLUTIONS INC. RECEIVES A COMPLAINT AT abuse@tosolutions.net (
OR VIA CERTIFIED OR TRACEABLE COURIER MAIL) THAT A DOMAIN NAME IT HAS
REGISTERED ON BEHALF OF A My-WebHoster.com CUSTOMER IS
TRANSMITTING SPAM, VIRUSES OR OTHER HARMFUL COMPUTER PROGRAMS:
My-WebHoster.com will investigate the complaint within 48 hours of its receipt.
If
the complaint appears valid, My-WebHoster.com may at its
sole discretion, within 24 hours of this determination: (i) redirect
the DNS servers associated with the domain name, thereby deactivating
the domain account; and (ii) contact, via email, the Total Online
Solutions Inc. customer on whose behalf My-WebHoster.com
registered the domain in question.
WHEN My-WebHoster.com CONTACTS YOU ABOUT A COMPLAINT REGARDING YOUR DOMAIN NAME:
You must respond to the email within 48 hours of it being sent.
If you do not respond to the email within 48 hours, My-WebHoster.com will immediately cancel the domain name
that is the subject of the complaint investigation.
Your email response must be sent to the email address specified by My-WebHoster.com
In order to protect the identity of the complainant, My-WebHoster.com will not forward complaints
and/or headers it receives. My-WebHoster.com may, when necessary, and at its sole discretion,
send an example of a complaint to help identify the mailing in question.
Your response must specifically answer the complaint. Specific responses include but are not limited to:
providing conclusive evidence that the complainant affirmatively “opted in” to receive the mail in
question from the domain in question, that no Spam transmission occurred, or an acknowledgement of transmitting
Spam and a pledge to cease sending Spam and/or having Spam sent on your behalf.
If My-WebHoster.com, in its sole discretion, considers your response to be inadequate in anyway,
My-WebHoster.com will immediately cancel the domain name that is the subject of the complaint investigation.
If My-WebHoster.com deactivates your account, and determines, in its sole discretion,
that your pledge to discontinue the prohibited practice is legitimate and in good faith, you will be charged a
mandatory, non-refundable reactivation fee of $50.00. This reactivation fee must be processed by My-WebHoster.com
before it reactivates and redirects the DNS servers associated with the domain name that has been the subject of the
complaint investigation.
If My-WebHoster.com receives further complaints regarding the domain name that appear to be valid,
My-WebHoster.com will immediately cancel the domain name without any notice to you.
My-WebHoster.com RETAINS THE RIGHT TO CANCEL AT ANY TIME, AND WITHOUT ANY NOTIFICATION TO YOU,
ANY DOMAIN NAME IT HAS REGISTERED ON YOUR BEHALF, FOR REASONS INCLUDING, BUT NOT LIMITED TO, THOSE SET FORTH ABOVE.
UNDER NO CIRCUMSTANCES WILL REFUNDS BE ISSUED IN THE EVENT My-WebHoster.com CANCELS A DOMAIN NAME WHICH
HAS BEEN REGISTERED ON YOUR BEHALF, REGARDLESS OF THE REASON FOR CANCELLATION
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