Domain Name Registration Agreement
Domain Name
registrations purchased through
Integrity Professional
Business Solutions ("Integrity PBS")
are subject to compliance with the terms and conditions set
forth below. By registering through Integrity PBS you agree to
be bound by the terms and conditions below. If you do not wish
to be bound by these terms and conditions, you should not
proceed with your Domain Name registration through Integrity
PBS. This agreement is fairly standard legalese. Although it may
sound harsh, rest assured that we have nothing but good
intentions towards our customers. Like all of our policies, the
contract is designed to maximize the efficiency and quality of
our service for all customers.
1.
AGREEMENT. In this Service Agreement ("Agreement") "you" and
"your" refer to each customer, "we", "us" and "our" refer to The
Internet Outlet and the Web Space Outlet Division (WSO) and
"Services" refers to the services provided by us, the
Registration Service Provider ("RSP"). This Agreement explains
our obligations to you, and explains your obligations to us for
various Services. By selecting our Services you have agreed to
establish an account with us for such Services. When you use
your account or permit someone else to use it to purchase or
otherwise acquire access to additional Services or to cancel
your Services (even if we were not notified of such
authorization), this Agreement covers such service or actions.
By using the Services under this Agreement, you acknowledge that
you have read and agree to be bound by all terms and conditions
of this Agreement and any pertinent rules or policies that are
or may be published by us.
2. SELECTION
OF A DOMAIN NAME. We cannot and do not check to see whether the
domain name you select, or the use you make of the domain name,
infringes legal rights of others. We urge you to investigate to
see whether the domain name you select or its use infringes
legal rights of others, and in particular we suggest you seek
advice of competent counsel. You may wish to consider seeking
one or more trademark registrations in connection with your
domain name. You should be aware that there is the possibility
we might be ordered by a court to cancel, modify, or transfer
your domain name. You should be aware that if we are sued or
threatened with lawsuit in connection with your domain name, we
may turn to you to hold us harmless and indemnify us.
3. FEES,
PAYMENT AND TERM. As consideration for the services you have
selected, you agree to pay us the applicable service(s) fees.
All fees payable hereunder are non-refundable unless we provide
otherwise. 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"). You
hereby grant us the right to disclose to third parties such
Account Information. The Registrant, by completing and
submitting the Domain Name Registration Agreement ("Registration
Agreement"), represents that the statements in its application
are true and that the registration of the selected Domain Name,
so far as the Registrant is aware, does not interfere with or
infringe upon the rights of any third party. The Registrant also
represents that the Domain Name is not being registered for any
unlawful purpose.
4.
MODIFICATIONS TO AGREEMENT. You agree, during the period of this
Agreement, that we may: (1) revise the terms and conditions of
this Agreement; and (2) change the services provided under this
Agreement. Any such revision or change will be binding and
effective immediately on posting of the revised Agreement or
change to the service(s) on our web site, or on notification to
you by e-mail or regular mail as per the Notices section of this
agreement, Section 20. You agree to review our web site,
including the Agreement, periodically to be aware of any 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 regular mail as per the
Notices section of this agreement, Section 20. Notice of your
termination will be effective on receipt and processing by us.
You agree that, by continuing to use the Services following
notice of any revision to this Agreement or change in service(s),
you abide by any such revisions or changes. You further agree to
abide by the ICANN Uniform Dispute Resolution Policy ("Dispute
Policy") as amended from time to time. You agree that, by
maintaining the reservation or registration of your domain name
after modifications to the Dispute Policy become effective, you
have agreed to these modifications. 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.
5.
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. Please safeguard your Account Identifier and
Password from any unauthorized use. In no event will we be
liable for the unauthorized use or misuse of your Account
Identifier or Password.
6. 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 the Dispute Policy which is
incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself with
such policy.
7. 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 in effect at the time of the dispute. 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 your
domicile, the courts of the geographic location indicated by
your WHOIS information for your domain name, and the courts of
Lycoming County, Pennsylvania, US.
8. AGENTS.
You agree that, if an agent for you (i.e., an Internet Service
Provider, employee, etc.) purchased our Services on your behalf,
you are nonetheless bound as a principal by all terms and
conditions herein, including the Dispute Policy.
9.
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.
10.
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 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 development or interruption of your Web site
or email service. The registrant agrees that we will not be
liable for any loss of registration and use of registrant's
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.
11.
INDEMNITY. You agree to release, indemnify, and hold us, our
contractors, agents, employees, officers, directors 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 E-mail 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.
12. 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 or terminate your e-mail account
without further notice. 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.
13. NO
GUARANTY. You agree that, by registration or reservation of your
chosen domain name, such registration or reservation does not
confer immunity from objection to either the registration,
reservation, or use of the domain name.
14.
DISCLAIMER OF WARRANTIES. You agree and warrant that the
information that you provide to us to register or reserve your
domain name or register for other Services is, to the best of
your knowledge and belief, accurate and complete, and that any
future changes to this information will be provided to us in a
timely manner according to the modification procedures in place
at that time. 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 disclaims 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
our e-mail service or that defects in the Services software will
be corrected. You understand and agree that any material and/or
data downloaded or otherwise obtained through the use of the our
e-mail 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 e-mail service or any
transactions entered into through the e-mail service. No advice
or information, whether oral or written, obtained by you from us
or through the e-mail service 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.
15.
REVOCATION. You agree that we may delete your domain name or
terminate your right to use other Services if the information
that you provided to register or reserve your domain name or
register for other Services, or subsequently to modify it,
contains false or misleading information, or conceals or omits
any information we would likely consider material to our
decision to register or reserve your domain name. You agree that
we may, in our sole discretion, delete or transfer your domain
name at any time.
16. 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, or to delete your domain name within thirty
(30) calendar days from receipt of your payment for such
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 or reserve, or delete your
domain name or register you for other Services.
17.
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.
18.
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.
19.
NON-WAIVER. Our failure to require performance by the Registrant
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.
20. 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 have been given when an electronic
confirmation of delivery has been obtained by the sender, in the
case of notice to us or to the RSP or, in the case of notice to
you, at the e-mail address provided by you in your WHOIS record
or as updated from time to time. Mail shall be sent to you at
the mailing address provided in your application or as updated
from time to time. 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, and otherwise on the next
business day. Any communication sent via regular mail shall be
deemed to have been validly and effectively given 5 business
days after the date of mailing.
21.
ENTIRETY. You agree that this Agreement, the rules and policies
published 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.
22.
GOVERNING LAW. This Agreement shall be governed by and
interpreted and enforced in accordance with the LAWS OF
Pennsylvania and the
FEDERAL LAWS OF the United
State of America applicable therein without reference
to rules governing choice of laws. Any action relating to this
Agreement must be brought in Lycoming County Court and you
irrevocably consent to the jurisdiction of such courts.
23. INFANCY.
You attest that you are of legal age to enter into this
Agreement.
24.
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 PARTICIPATING AND
ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT. |
