iNet Web Hosting Service
(Web-Hosting-Service.com)
(We will be switching to the
web-hosting-service.com url in the next few months so that our sales
domain name matches our control panel domain name.)
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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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