Domain Name Registration Agreement
B. FEES, PAYMENT and SERVICE PERIOD
(1) Domain Name Registration: As consideration for the registration of each new domain name in WebSite’s domain name database and assignment of such domain name to Registrant, Registrant agrees to pay WebSite the applicable annual registration and/or renewal fees as set forth on WebSite’s Web site for each registered domain name. At the time of registration, Registrant must indicate an initial registration period of two (2) to ten (10) years, which is renewable thereafter for successive periods of one (1) to ten (10) years and includes any permitted modification(s) to the domain name record during the covered period. All fees for each period of registration and renewal of registration are payable in full prior to domain activation. Fees are due immediately and are non-refundable. Any renewal of registration is subject to WebSite’s then current terms and conditions and payment of all applicable renewal fees at the time of renewal. After the initial registration period, renewal fees (based on the cost of the domain, see rates) will be required. Failure to pay renewal fees by the expiration of the initial registration period or the prior renewal period will result in the domain being deactivated and made available for registration by others. Registrant's registration of the Domain shall automatically renew 30 days prior to the end of the Registration Term (hereafter the "Renewal Date") for a term of equal length and no less than 2 years unless Registrant notifies Registry prior to the Renewal Date that Registrant intends to terminate the registration of the Domain as of the end of the Registration Term. Registry is authorized to attempt automatic renewal(s) until successful. Registrant hereby expressly authorizes Registry to charge Registrant's credit card on the Renewal Date an amount equal to the then current standard registration fee for Domains of equal term. In the event Registrant changes its credit card information (e.g., credit card number or expiration date) or cancels the credit card on file with Registry, Registrant agrees to a) promptly advise Registry of the same and provide an updated credit card that can be charged by Registry. It is the Registrant’s responsibility to update their credit card information. If Registry is unable to secure payment the domain will be returned to the available pool between 1-30 days after expiration date. Registrant agrees that transfer of a domain name from Registrant to another owner may be subject to an administrative transfer fee determined in the sole discretion of WebSite. A schedule of fees may be found at WebSite.ws’s Web site.
(2) Forwarding Service: At the time of Registrant’s submission of application to register a domain name, Registrant may also apply for WebSite’s web and email forwarding service (the “Forwarding Service”), which provides hosting of Registrant’s domain on the WebSite domain nameserver and forwarding to a single URL that Registrant designates and email forwarding to an email address that Registrant designates. As consideration for the provision of the Forwarding Service by WebSite, Registrant agrees to pay WebSite the applicable annual Forwarding Service and/or renewal fees as set forth on WebSite’s Web site. Forwarding Service is available for an initial period of one (1) year and is renewable thereafter for successive periods of one (1) year. The fees for the initial period of the Forwarding Service are immediately due and payable in full prior to activation of the Forwarding Service. The fees for the renewal period(s) of the Forwarding Service are due and payable in full prior to each such renewal period. Fees for the Forwarding Service are non-refundable. Any renewal of the Forwarding Service is subject to WebSite’s then current terms and conditions and payment of all applicable renewal fees at the time of renewal. A schedule of fees may be found at WebSite.ws’s Web site.
C. MODIFICATIONS TO REGISTRATION AGREEMENT
Registrant agrees that, during the term of this Registration Agreement, WebSite may, in its sole discretion, revise the terms and conditions of this Registration Agreement at any time. WebSite agrees to post any such revised Registration Agreement on WebSite’s Web site, and such revised Registration Agreement will be binding and effective immediately upon the earlier of (1) its posting or (2) upon notification to Registrant by e-mail or United States mail to the then current address provided by Registrant. Registrant agrees to review WebSite’s Web site (including the current version of the Registration Agreement) periodically to be aware of any such revisions. If Registrant does not agree with any revision to the Registration Agreement, Registrant may terminate this Registration Agreement at any time by providing WebSite with notice by e-mail or by United States mail addressed to: Global Domains International, Inc., 701 Palomar Airport Road, Suite 300, Carlsbad, California 92009, Attention: Termination Notice. Notice of Registrant’s termination will be effective on receipt and processing by WebSite. WebSite shall not be obligated to refund any fees paid by Registrant if Registrant terminates this Registration Agreement. Registrant agrees that Registrant’s continued use of WebSite’s service(s) after any revision to this Registration Agreement becomes effective constitutes Registrant’s acceptance of such revisions or changes, and Registrant agrees to abide by and be bound by any such revisions or changes. No employee, contractor, agent or representative of WebSite is authorized to alter or amend the terms and conditions of this Registration Agreement.
D. DOMAIN NAME DISPUTE POLICY
WebSite is not responsible for the determination of anyone’s eligibility to register a domain name. Trademark law differs from country to country and, in some countries, from region to region. Registrant agrees to be bound by WebSite’s current domain name dispute policy that is incorporated herein and made a part of this Registration Agreement by reference (the “Dispute Policy”). The current version of the Dispute Policy may be found at WebSite.ws’s Web site.
E. DOMAIN NAME DISPUTE POLICY CHANGES OR MODIFICATIONS
Registrant agrees that WebSite, in its sole discretion, may change or modify the Dispute Policy. WebSite agrees to post any such revised policy on its Web site, and such revised policy will be binding and effective immediately upon its posting. Registrant agrees that Registrant’s maintaining the reservation or registration of Registrant’s domain name after changes or modifications of the Dispute Policy become effective constitutes Registrant’s acceptance of the changes or modifications, and Registrant agrees to abide by and be bound by any such changes or modifications. If Registrant does not agree with any such change or modification, Registrant may terminate this Registration Agreement in accordance with the procedures specified in paragraph C above and request that its domain name be deleted from WebSite’s domain name database. WebSite shall not be obligated to refund any fees paid by Registrant if Registrant terminates this Registration Agreement.
F. DOMAIN NAME DISPUTES
Registrant agrees that, if the registration of its domain name by WebSite is challenged by any third party, Registrant will be subject to the provisions of the Dispute Policy in effect at the time of the dispute. Registrant agrees that in the event a domain name dispute arises with any third party, Registrant will indemnify and hold WebSite harmless pursuant to the terms and conditions set forth below in this Registration Agreement. If WebSite receives notification that a complaint has been filed with a judicial or administrative body regarding Registrant’s use of WebSite’s domain name registration services, Registrant agrees not to make any changes to Registrant’s domain name record without WebSite’s prior approval. WebSite, in its sole discretion, may prohibit Registrant from making changes to such domain name record until (1) WebSite is directed to do so by the judicial or administrative body, or (2) WebSite receives notification by Registrant and the other party contesting Registrant’s registration and use of WebSite’s domain name registration services that the dispute has been settled. Furthermore, Registrant agrees that if Registrant is subject to litigation or proceeding regarding Registrant’s registration and use of WebSite’s domain name registration services, WebSite may deposit control of Registrant’s domain name and domain name record into the registry of the administrative or judicial body conducting such litigation or proceeding.
Registrant agrees that if this Registration Agreement is completed by an agent for Registrant, such as an internet service provider, administrative contact/agent, employee or other representative of Registrant (each an “Agent”), Registrant is nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. Registrant agrees that by continuing to use the services of WebSite, Registrant shall be deemed to have ratified any unauthorized actions of Registrant’s Agent. In addition, Registrant is responsible for any errors made by Registrant’s Agent. WebSite shall not be obligated to refund any fees paid by Registrant or Registrant’s Agent for any reason.
H. LIMITATION OF LIABILITY
Registrant agrees that WebSite shall have no liability to Registrant for any and all loss Registrant may incur resulting from or in connection with, but not limited to: (1) WebSite’s processing of this Registration Agreement; (2) WebSite’s processing of any authorized modification to the domain name record during the covered period; (3) Registrant’s, or Registrant’s Agent’s, or Registrant’s internet service provider’s, failure to pay either the initial registration fee or any renewal fee; (4) the application of the provisions of the Dispute Policy; (5) access delays or access interruptions; (6) data non-delivery; (7) acts of nature; (8) errors, omissions or misstatements in any and all information or services provided under this Registration Agreement; (9) deletion or failure to store e-mail messages; (10) the development or interruption of Registrant’s Web site; or (11) any action or omission of a third party with whom Registrant enters into an agreement as a result of any promotion, advertisement or sponsorship related to, or in connection with, any service(s) of WebSite. Registrant agrees that its sole and exclusive remedy with respect to services provided pursuant to this Registration Agreement and/or for any breach of this Registration Agreement shall be limited to the lesser of (1) the amount Registrant paid for such services or (2) Five Hundred United States Dollars (US). Furthermore, WebSite and its contractors and affiliates shall not be liable for any direct, indirect, incidental, special or consequential damages, or for any loss of revenue, profits or data, arising in connection with this Registration Agreement. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, WebSite’s liability is limited to the extent permitted by applicable law.
K. NO GUARANTY
Registrant agrees that, by registration of a domain name, such registration does not confer immunity from objection to either the registration or use of the domain name.
L. REPRESENTATIONS AND WARRANTIES
Registrant represents and warrants by submitting this Registration Agreement that: (1) to the best of Registrant’s knowledge and belief, the information submitted to WebSite by Registrant or Registrant’s Agent is true and correct, and that any future changes to this information will be provided to WebSite in a timely manner according to the domain name and other applicable modification procedures in place at that time; (2) to the best of Registrant’s knowledge and belief, neither the registration of Registrant’s domain name nor the manner in which Registrant intends to use such domain name will directly or indirectly infringe the legal rights of a third party; (3) Registrant has all requisite power and authority to execute this Registration Agreement and to perform Registrant’s obligations hereunder; (4) Registrant is of legal age to enter into this Registration Agreement; and (5) with respect to the Forwarding Service only, Registrant has the necessary rights to use the Forwarding Service to forward, point, alias or resolve Registrant's domain name(s) to the other domain name designated by Registrant in ordering such Forwarding Service. Registrant agrees that use of WebSite’s service(s) is solely at Registrant’s own risk. Registrant further agrees that all of WebSite’s service(s) are provided on an “as is” and “as available” basis. Any breach of any of these representations and warranties by Registrant will constitute a material breach of this Registration Agreement.
M. DISCLAIMER OF WARRANTIES
WebSite 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. WebSite makes no warranty that WebSite’s service(s) will meet Registrant’s requirements, or that such service(s) will be uninterrupted, timely, secure, or error free; nor does WebSite make any warranty as to the results that may be obtained from the use of WebSite’s service(s). No advice or information, whether oral or written, obtained by Registrant from WebSite shall create any warranty not expressly made herein. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to Registrant.
Registrant agrees that WebSite may terminate Registrant’s contractual right to use WebSite’s service(s) if the information Registrant provides pursuant to this Registration Agreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information WebSite would likely consider material to its decision to approve this Registration Agreement and continue to provide services hereunder. Registrant agrees that WebSite may terminate any of its service(s), including domain name registration service(s), in the event that Registrant uses such service(s) for any improper purpose, as determined in the sole discretion of WebSite. Registrant further agrees that WebSite may suspend, cancel or transfer Registrant’s domain name registration in order to correct mistakes made by WebSite in registering Registrant’s chosen domain name or to resolve a dispute under the Dispute Policy. WebSite shall not be obligated to refund any fees paid by Registrant if WebSite terminates its services.
O. RIGHT OF REFUSAL
WebSite, in its sole discretion, reserves the right to refuse to register Registrant’s requested domain name or provide Registrant with any other WebSite service(s), or to delete Registrant’s domain name within the first thirty (30) calendar days from receipt of Registrant’s payment of the registration fee. Registrant agrees that the submission of this Registration Agreement does not obligate WebSite to accept this Registration Agreement. Registrant agrees that WebSite shall not be liable for loss or damages that may result from WebSite's refusal to accept this Registration Agreement, WebSite’s registration or deletion of Registrant’s domain name or WebSite’s refusal to provide any other service(s).
Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid or unenforceable, it shall not affect the remaining terms or provisions which shall continue to be binding and remain in full force and effect.
Registrant’s rights under this Registration Agreement are not assignable. Any attempt by Registrant to assign Registrant’s rights shall render this Registration Agreement voidable at WebSite’s option. Any attempt by Registrant’s creditors to obtain an interest in Registrant’s rights under this Registration Agreement, whether by attachment, garnishment or otherwise, shall render this Registration Agreement voidable at WebSite’s option.
S. GOVERNING LAW
Registrant agrees that this Registration Agreement shall be governed in all respects by and construed in accordance with the internal laws of the State of California, United States of America, without reference to California’s conflict of law principles. By submitting this Registration Agreement, Registrant hereby consents to the exclusive jurisdiction and venue of the state and federal courts located in the County of San Diego, California.
T. THIS IS DOMAIN NAME REGISTRATION AGREEMENT VERSION NUMBER 1.0
This Registration Agreement is only for registrations under the top-level domain: .WS. By completing and submitting this Registration Agreement for consideration and acceptance by WebSite, Registrant agrees that Registrant has read and agrees to be bound by paragraphs (A) through (S) above.
TOS for Web Email and Web Templates
1. ACCEPTANCE OF TERMS
Welcome to WebSite.ws. WebSite.ws provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at http://website.ws. In addition, when using particular WebSite.ws services, you and WebSite.ws shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
WebSite.ws currently provides users with access to free unlimited Web Based email and free Web Templates. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new WebSite.ws properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that WebSite.ws assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store, any user communications or personalization settings. In order to use the Service, you must register a .ws domain name for a minimum of 2 years.
3. YOUR REGISTRATION OBLIGATIONS
WebSite.ws is concerned about the safety and privacy of all its users, particularly children. If you add your child to your e-mail account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the WebSite.ws e-mail
4. MONITORING WEB E-MAIL AND REMOVAL OF CONTENT
WebSite.ws does not pre-screen content, but WebSite.ws shall have the right (but not the obligation) to monitor any and all content posted on the free Web Templates and in their sole discretion lock, move or remove any content that is posted on the free Web Templates. All adult content is prohibited. Without limiting the foregoing, we shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge and agree that WebSite.ws may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of WebSite.ws, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. MEMBER CONDUCT
The Service is provided to individuals only. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited. WebSite.ws does not, and cannot, monitor, censor or edit the contents of Users' email messages. Users alone are responsible for the contents of their messages, and the consequences of any such messages.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
· Use the Service in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
· Create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message.
· Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
· Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity.
· Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
· Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service.
· Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
· Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
· Interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
You agree to indemnify and hold WebSite.ws, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that WebSite.ws may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages may be stored, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on WebSite.ws's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that WebSite.ws has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that WebSite.ws reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
8. MODIFICATIONS TO SERVICE
WebSite.ws reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WebSite.ws shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that WebSite.ws, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if WebSite.ws believes that you have violated or acted inconsistently with the letter or spirit of the TOS. WebSite.ws may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that WebSite.ws may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that WebSite.ws shall not be liable to you or any third-party for any termination of your access to the Service.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBSITE.WS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBSITE.WS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
11. GENERAL INFORMATION
The TOS constitute the entire agreement between you and WebSite.ws and govern your use of the Service, superceding any prior agreements between you and WebSite.ws. The TOS and the relationship between you and WebSite.ws shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and WebSite.ws agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of WebSite.ws to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.