iNet Web Hosting Service
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Web-Hosting-Service.com REGISTRATION AGREEMENT

 

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This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of Web-Hosting Service.com to register a domain name on the internet. Web-Hosting Service.com will use one of the following three Registrars to register a domain name for you or transfer the domain from your current Registrars. The Registrars used by Web-Hosting Service.com are: 1. Alabanza, Inc. d/b/a BulkRegister.com, Inc. Alabanza, Inc. is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between Alabanza, Inc. and ICANN ("ICANN Agreement"). 2. eNom, Inc.'s ("eNom" or enom.com). eNom is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between eNom, Inc. and ICANN ("ICANN Agreement"). and 3: OpenSRS c/o Tucows.com Inc. OpenSRS (opensrs.org) is a project funded and operated by Tucows.com Inc and is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between Tucows.com, Inc. and ICANN ("ICANN Agreement").

Web-Hosting-Service.com has entered into separate agreements with BulkRegister.com, eNom.com and OpenSRS.org to act as a reseller of domain name registration services through their systems.

To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies that are or may be published by Web-Hosting Service.com. This Agreement will become effective when accepted by Web-Hosting Service.com. You acknowledge that iNet Hosting Service may modify this Agreement if necessary to comply with the ICANN Agreement, or for any other business purpose.

1. What We Do Not Do.

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 also 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 to indemnify us.

We can not renew your domain name without an renewal order form from you nor can we keep your contact information up to date. That is your responsibility as registrant of the domain name.


2. Fees.

As consideration for the domain name registration services and/or other services provided by iNet to you, you agree to pay iNet, prior to the effectiveness of the desired domain name registration, the applicable service(s) fees for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. 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.

Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance as determined by iNet in its sole discretion).

As further consideration for the iNet service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process (2) maintain and update this information as needed to keep it current, complete and accurate and (3)keep all fees owed to iNet current. All such information shall be referred to as account information ("Account Information").

It is your responsibility to provide a current admin email address on the domain record at the Registrar at all times. This email address must be capable of receiving notices from ICANN, the Registrar and from iNet Hosting Service at all times. Failure to maintain a current admin email address that is capable of receiving such notices will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. You agree that you will respond to all such notices in a timely manner and that failure to respond in a timely manner will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. The term timely manner is defined as the period of time that is contained in the body of the email message to respond or 30 days if the email message does not provide a required response time.

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 the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to iNet as the paying entity for that registration to the registry.

We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee, currently set at US$200.

You also agree that the domain can not be transferred away from our account unless all fees are current. For more information, please click here.

As a courtesy you will be notified via an email message or via your account information when renewal fees are due. Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. You must submit a renewal form with valid payment information or use the link provided to renew the domain name. However it is your responsibility to keep track of your domain renewal dates and to renew your domain name in a timely manner before the expiration date.



3. Dispute Policy
In applying for a domain name, you warrant that the registration is not made in bad faith and that the name does not conflict with another domain name. You agree to be bound by the current iNet Hosting Service Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at
http://iNet Hosting Service/disputepolicy.html. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. iNet Hosting Service may modify the Dispute Policy in its sole discretion at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted.

You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify, defend and hold
Web-Hosting Service.com harmless.

4. Use of Your Information
As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data.

You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. If you license use of a domain name to a third party, you remain responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information.

You acknowledge that
Web-Hosting Service.com will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that Web-Hosting Service.com may or must make available to the public or to private entities. You may request a copy of your information in Web-Hosting Service.com's possession to review, modify or update such information.

Web-Hosting Service.com will at its sole discretion use your information for business and marketing purposes such as but not limited to: Contacting you via email for advertising purposes, sending you offers via email and/or postal mail for advertising purposes.

5. Use Policies
Web-Hosting Service.com reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.

6. Agents and Licenses
You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.

You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.

7. Limitation of Liability
YOU AGREE THAT Web-Hosting-Service.com or iNet Hosting Service WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO iNet Hosting Service's REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND Web-Hosting Service.com; (e) EVENTS BEYOND iNet Hosting Service's CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, iNet Hosting Service 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 iNet Hosting Service HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL iNet Hosting Service's MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO iNet Hosting Service FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

8. Indemnity
You agree to defend, indemnify and hold harmless Alabanza, Inc. d/b/a BulkRegister.com, eNom, Inc.'s ("eNom" or enom.com), OpenSRS c/o Tucows.com Inc., Web-Hosting-Service.com dba iNet Hosting Service and any applicable domain name registry, including Network Solutions, Inc., and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.

9. Representations and Warranties
You represent and warrant that all information provided by you in connection with your registration is complete and accurate. iNet Hosting Service makes no representation or warranties of any kind in connection with this Agreement. iNet Hosting Service does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.
10. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by Web-Hosting Service.com. If you fail to cure the breach, Web-Hosting Service.com may revoke your registration of the domain name.

You also agree that at such time as Web-Hosting Service.com receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration, Web-Hosting Service.com shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration.

11. Governing Law
This Agreement and all rights hereunder shall be governed by the laws of the State of Illinois. Any action relating to this Agreement or to your use of the Web-Hosting Service.com site shall be brought exclusively in the courts of Illinois in the USA.

12. General
This Agreement, the Web-Hosting Service.com fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Web-Hosting Service.com, and supersede and govern all prior proposals, agreements, or other communications.

Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Web-Hosting Service.com to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by Web-Hosting Service.com 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 is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Web-Hosting Service.com may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Web-Hosting Service.com as reflected in the original provision.

No provision of this Agreement, including the iNet Hosting Service fee schedule and the Dispute Policy, may be amended or modified by you except by means of a written document signed by Web-Hosting Service.com

 


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