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Return | Customer Master Agreement | Acceptable Use | Domain Names

Terms of Use for all services offered by
http://www.WebmasterNotRequired.com

 

Return Policy

ALL SOFTWARE IS NON RETURNABLE BUT GUARANTEED TO WORK EXACTLY AS DESCRIBED.

As you are most likely already aware of ASP, PHP & Javascript applications are written in an easy to learn and modify computer language. So once you have received the application you have it and there is no way you can return it. Think of of this way, I show you the color red and you look at it, now I ask you to give back the experience and forget what the color red looks like. It may not be an exact description but you can see our point here. At the same time you must be 100% satisfied with our product and that it works exactly as described and in some cases demonstrated. So if you are unable to install the application (which generally you just need to unzip and set a couple of easy variables explained in the read me file) we will try to install it for you, in most cases free of charge. If current web host does not support the application we will offer to beat your current hosting plan, if we can't, at this time we will gladly refund 100% of your money.

Hosting 30 Day Money Back Guarantee

Please read through our Customer Master Agreement for full details

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Acceptable Use Policy

This agreement represents the complete agreement and understanding between WebmasterNotRequired.com and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Upon notice published on-line via WebmasterNotRequired.com services, WebmasterNotRequired.com may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

If you do not agree to these terms and conditions, please notify our Billing Department at 001 250 862 7447 so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval.

1. WebmasterNotRequired.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. WebmasterNotRequired.com also disclaims any warranty of merchantability or fitness for a particular purpose. WebmasterNotRequired.com will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.

2. Services provided to the Customer by WebmasterNotRequired.com may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any Canadian or U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. WebmasterNotRequired.com reserves the right to remove any and all materials which infringe on copyright work.

3. Customer agrees to defend, hold harmless and expeditiously indemnify WebmasterNotRequired.com from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.

4. WebmasterNotRequired.com reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis.

5. Setup fees, if any, are not refundable.

6. Additionally, CUSTOMER agrees not to utilize the WebmasterNotRequired.com service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message.(Spam)

7. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.(This also includes Warez Sites and Peer to Peer File swapping Sites like napster or limewire)

8. WebmasterNotRequired.com requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. WebmasterNotRequired.com cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.

9. Customer shall ensure that its use of WebmasterNotRequired.com's network services shall not disrupt WebmasterNotRequired.com, its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, WebmasterNotRequired.com reserves the right to place CPU process limits on the Customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any WebmasterNotRequired.com user or to any directly or indirectly attached network. Use of WebmasterNotRequired.com's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by WebmasterNotRequired.com shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of WebmasterNotRequired.com's service, WebmasterNotRequired.com's equipment or any site hosted on any WebmasterNotRequired.com network.

10. Customer warrants that any material submitted for publication on WebmasterNotRequired.com does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. WebmasterNotRequired.com reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

11. If WebmasterNotRequired.com becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, WebmasterNotRequired.com, at its discretion, may, at any time deny access to the challenged material of Customer.

12. WebmasterNotRequired.com will not host any web site with PORNOGRAPHIC contents or any CASINO sites.

13. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

14. Use of WebmasterNotRequired.com's hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.

15. Transferring your domain to another provider does not constitute canceling your WebmasterNotRequired.com account. You must notify WebmasterNotRequired.com to formally cancel your account with WebmasterNotRequired.com to avoid further charges.


16. WebmasterNotRequired.com services are provided on prepaid basis. All payments have to be made before beginning of the month. In case of nonpayment of an account within a specified time, WebmasterNotRequired.com may levy a fine or cancel an account.

17. On occasion, WebmasterNotRequired.com may have a need to communicate with its customers through e-mail issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check e-mail sent to the primary login e-mail address on the account.

18. It is the responsibility of the customer to contact WebmasterNotRequired.com of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.

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Customer Master Agreement

Sample Customer MASTER Agreement (hereinafter referred to as the "Agreement") is
made, entered into and executed on [Date Will Vary on your sign up](hereinafter referred to
as the "Effective Date")

BETWEEN: -

WebmasterNotRequired.com (hereinafter referred to as "Parent") AND you
(hereinafter referred to as "Customer"). If you are entering into this
agreement on behalf of a company or other legal entity, you represent that you
have the authority to bind such entity to these terms and conditions, in which
case the term "Customer" shall refer to such entity.

(The Parent and the Customer may be referred to individually as a "Party" and
collectively as the "Parties").

WHEREAS the Parent provides various Products and Services;

AND WHEREAS the Customer wishes to purchase Parent's Products and Services

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and
covenants contained herein and for other good and valuable consideration, the
receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and
the Customer, intending to be legally bound, hereby agree as follows:

1. DEFINITIONS

(1) "Advance Account" refers to the credit balance maintained by the
Customer with the Parent.

(2) "Business Day" refers to a working day between Mondays to Friday
excluding all Public Holidays.

(3) "Clear Balance" refers to credit in the Customer Advance Account after
deducting any accrued liabilities, Locked Funds and debited amounts.

(4) "Confidential Information", as used in this Agreement shall mean all
data, information and materials including, without limitation, computer
software, data, information, databases, protocols, reference implementation,
documentation, functional and interface specifications, provided by Parent to
the Customer under this Agreement, whether written, transmitted, oral, through
the Parent Website or otherwise, that is marked as Confidential.

(5) "Customer Contact Details" refers to the Contact Details of the
Customer as listed in the OrderBox Database

(6) "Customer Control Panel" refers to the set of Web-based interfaces
provided by the Parent and its Service Providers to the Customer which allows
him to Manage Orders

(7) "Customer Product Agreement Extension" refers to the latest version of
a Specific Customer Product Agreement Extension as posted in the Customer
Control Panel or on the Parent Website.

(8) "OrderBox" refers to the set of Servers, Software, Interfaces, Parent
Products and API that is provided for use directly or indirectly under this
Agreement by the Parent and/or its Service Providers.

(9) "OrderBox Database" is the collection of data elements stored on the
OrderBox Servers.

(10) "OrderBox Servers" refer to Machines / Servers that Parent or its
Service Providers maintain to fulfill services and operations of the OrderBox

(11) "OrderBox User" refers to the Customer and any Agent, Employee,
Contractee of the Customer or any other Legal Entity, that has been provided
access to the "OrderBox" by the Customer, directly or indirectly.

(12) "Order" refers to a Parent Product purchased by the Customer having a
unique Order ID in the OrderBox Database.

(13) "Parent Products" refer to all Products and Services of Parent which
it has provided/rendered/sold, or is providing/rendering/selling.

(14) "Parent Servers" refer to web servers, Mailing List Servers, Database
Servers, OrderBox Servers and any other Machines / Servers that Parent or its
Service Providers Operate, for the OrderBox, the Parent Website, the Parent
Mailing Lists, Parent Products and any other operations required to fulfill
services and operations of Parent.

(15) "Parent Website" refers to getdomainnamesfreeusfunds.myorderbox.com

(16) "Service Providers" refers individually and collectively to any
Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm,
Individual, Institute, Institution, Organization, Person, Society, Trust or
any other Legal Entity that Parent or its Service Providers (recursively) may,
directly or indirectly, Engage / Employ / Outsource / Contract for the
fulfillment / provision / purchase of Parent Products, OrderBox, and any other
services and operations of Parent.

2. CUSTOMER PRODUCT AGREEMENT EXTENSIONS

(1) The Customer may purchase various Parent Products in the course of
their relationship with Parent under this agreement. by submitting to Parent,
in a form and manner prescribed by Parent, one or more Customer Product
Agreement Extensions, which shall then be included as a part of this
Agreement.

(2) Any conflicting definitions, terms and conditions in a Customer
Product Agreement Extension shall take precedence over the same definition,
terms and conditions in this Agreement, and shall be applied only to that
Customer Product Agreement Extension.

3. OBLIGATIONS OF PARENT

Parent shall make available the latest versions of this Agreement and Customer
Product Agreement Extensions in the Customer Control Panel or on the Parent
Website.

4. OBLIGATIONS OF THE CUSTOMER

(1) The Customer acknowledges that in the event of any dispute and/or
discrepancy concerning any data element of an Order or the Customer in the
OrderBox Database, the data element in the OrderBox Database records shall
prevail.

(2) The Customer acknowledges that all information of the Customer in the
OrderBox, including authentication information is accessible to Parent and its
Service Providers

(3) The Customer shall comply with all terms or conditions established by
Parent and/or its Service Providers from time to time.

(4) The Customer agree to provide, maintain and update, current, complete
and accurate information for all the data elements about the Customer in the
OrderBox Database.

(5) Customer acknowledges that Parent Products maybe obtained through
Service Providers, and as such, changes in structure, or contracts may occur,
and as a result services may be adversely affected. Customer acknowledges and
agrees that Parent shall not have any liability associated with any such.

(6) During the term of this Agreement and for three years thereafter, the
Customer shall maintain the following records relating to its dealings with
Parent and their Agents or Authorized Representatives: -

(1) In electronic, paper or microfilm form, all written communications
with respect to Parent Products.

(2) In electronic form, records of the accounts of all, current / past
Orders with the Customer, including dates and amounts of all payments,
discount, credits and refunds.

The Customer shall make these records available for inspection by Parent upon
reasonable notice not exceeding 14 days.

5. REPRESENTATIONS AND WARRANTIES

Parent and Customer represent and warrant that: -

(1) they have all requisite power and authority to execute, deliver and
perform their obligations under this Agreement;

(2) This Agreement has been duly and validly executed and delivered and
constitutes a legal, valid and binding obligation, enforceable against the
Reseller and Parent in accordance with its terms;

(3) The execution, delivery, and performance of this Agreement and the
consummation by Parent and the Reseller of the transactions contemplated
hereby will not, with or without the giving of notice, the lapse of time, or
both, conflict with or violate: -

(1) any provision of law, rule, or regulation;

(2) any order, judgment, or decree;

(3) any provision of corporate by-laws or other documents; or

(4) any agreement or other instrument.

(4) the execution, performance and delivery of this Agreement has been
duly authorized by the Customer and Parent;

(5) No consent, approval, or authorization of, or exemption by, or filing
with, any governmental authority or any third party is required to be obtained
or made in connection with the execution, delivery, and performance of this
Agreement or the taking of any other action contemplated hereby;

The Customer represents and warrants that:

(1) the Customer has read and understood every clause of this Agreement

(2) the Customer has independently evaluated the desirability of the
service and is not relying on any representation agreement, guarantee or
statement other than as set forth in this agreement; and

(3) the Customer is eligible, to enter into this Contract according to the
laws of his country

6. RIGHTS OF PARENT AND SERVICE PROVIDERS

(1) Parent and Service Providers may change any information, including
Authentication Information of the Customer in the OrderBox Database upon
receiving authorization from the Customer in any form as maybe prescribed by
Parent from time to time.

(2) Parent and Service Providers may provide/send any information in the
OrderBox Database, about the Customer, including Authentication information

(1) to the Customer Contact Details

(2) to any authorised representative, agent, contractee, employee of the
Customer upon receiving authorization in any form as maybe prescribed by
Parent from time to time

(3) to the Service Providers

(3) Parent and Service Providers in its own discretion can at any point of
time temporarily or permanently cease to sell a Parent Product

(4) Parent reserves the right to change pricing, minimum order levels, and
discounts, of any Parent Product , at any time.

(5) Parent and Service Providers, in their sole discretion, expressly
reserve the right to deny any Order or cancel an Order within 30 days of
processing the same. In such case Parent may refund the fees charged for the
Order, after deducting any processing charges for the same.

(6) Parent and Service Providers, in their sole discretion, without
notice, expressly reserve the right to modify, upgrade, freeze the OrderBox,
and its associated Services.

(7) Parent and Service Providers, in their sole discretion, expressly
reserve the right to without notice or refund, delete, suspend, deny, cancel,
modify, take ownership of or transfer any Order, or to delete, Suspend,
freeze, modify OrderBox Users' access to OrderBox, or to modify, upgrade,
suspend, freeze OrderBox, in order to recover any Payment from the Customer
for any service rendered by the Parent including services rendered outside the
scope of this agreement, or to correct mistakes made by Parent or its Service
Providers in processing or executing an Order, or incase of any breach of this
agreement, or incase of violation of any Terms listed in all the Appendices,
or incase Parent learns of a possibility of breach or violation of this
agreement or its appendices which Parent in its sole discretion determines to
be appropriate, or incase of Termination of this agreement, or if Parent
learns of any such event which Parent reasonably determines would lead to
Termination of this Agreement or would constitute as Breach thereof, or to
protect the integrity and stability of the Parent Products and the OrderBox,
or to comply with any applicable laws, government rules or requirements,
requests of law enforcement, or in compliance with any dispute resolution
process, or in compliance with any agreements executed by Parent, or to avoid
any liability, civil or criminal, on the part of Parent and/or Service
Providers, as well as their affiliates, subsidiaries, officers, directors and
employees, or if the Customer and/or its Agents or any other authorised
representatives of the Customer violate any applicable laws/government
rules/usage policies, including but not limited to, intellectual property,
copyright, patent, anti-spam, or Parent learns of the possibility of any such
violation, or authorisation from the Customer in any manner that Parent deems
satisfactory, or for any appropriate reason. The Customer agrees that Parent
and Service Providers, and the contractors, employees, directors, officers,
representatives, agents and affiliates, of Parent and Service Providers, are
not liable for loss or damages that may result from any of the above.

(8) Incase of Orders involving web services, Parent and Service Providers
can choose to redirect any Order to any IP Address including, without
limitation, to an IP address which hosts a parking page or a commercial search
engine, if an Order has expired, or has been suspended, or does not contain
valid information to direct it to any destination.

(9) Parent has the right to rectify any mistakes in the data in the
OrderBox Database with retrospective effect.

7. TERM OF AGREEMENT AND RENEWAL

The term of this Agreement shall be 1 (ONE) YEAR from the Effective Date and
will automatically renew for successive 1 (ONE) YEAR Renewal Term (hereinafter
referred to each a "Renewal Term" and cumulatively the "Term"). The Term shall
continue until the earlier to occur of the following:

(1) the Agreement is terminated as provided for in Section 8 (TERMINATION
OF AGREEMENT); and

(2) The Customer elects not to renew at the end of the Initial Term or any
Renewal Term.

8. TERMINATION OF AGREEMENT

(1) Either Party may terminate this Agreement and/or any Customer Product
Agreement Extension at any time by

(1) giving a 30 (Thirty) days written notice of termination delivered as
per Section 24 (NOTICE).

(2) With immediate effect, if the other Party is adjudged insolvent or
bankrupt, or if proceedings are instituted by or against a Party seeking
relief, reorganization or arrangement or compromise or settlement under any
laws relating to insolvency, or seeking any assignment for the benefit of
creditors, or seeking the appointment of a receiver, liquidator or trustee of
a Party's property or assets or the liquidation, dissolution or winding up of
a Party's Business.

(2) Parent may Terminate this Agreement and/or any Customer Product
Agreement Extension by notifying the Customer in writing, as of the date
specified in such notice of termination under the following circumstances

(1) In the event that the Customer or an Agent / Employee / Authorized
Representative of the Customer materially breaches any term of this Agreement
and/or any Customer Product Agreement Extension, including any of its
representations, warranties, covenants and agreements hereunder

(2) There was a material misrepresentation and/or material inaccuracy,
and/or materially misleading statement in Customer's Application to Parent
and/or any material accompanying the application.

(3) With immediate effect if : -

(1) the Customer is convicted of a felony or other serious offense related
to financial activities, or is judged by a court to have committed fraud or
breach of fiduciary duty, or is the subject of a judicial determination that
Parent reasonably deems as the substantive equivalent of any of these; or

(2) the Customer is disciplined by the government of its domicile for
conduct involving dishonesty or misuse of funds of others.

(3) as provided for in Appendix 'A' and Appendix 'C'

(4) if Any officer or director of the Customer is convicted of a felony or
of a misdemeanor related to financial activities, or is judged by a court to
have committed fraud or breach of fiduciary duty, or is the subject of a
judicial determination that Parent deems as the substantive equivalent of any
of these;

(3) Customer may Terminate this Agreement and/or any Customer Product
Agreement Extension by notifying Parent in writing, as of the date of receipt
of such notice, in the event that the Customer does not agree with any
revision to the Agreement or any Customer Product Agreement Extension made as
per Section 14 (RIGHT TO SUBSTITUTE UPDATED AGREEMENT AND Customer Product
Agreement EXTENSIONS) within 30 days of such revision.

(4) Any Product Agreement Extension shall terminate with immediate effect
in the event that

(1) Parent ceases to sell the particular Parent Product covered under that
Product Agreement Extension

(2) Parents contract with Service Provider for the particular Parent
Product terminates or expires without renewal

(5) Effect of Termination of this Agreement

(1) Parent shall suspend all OrderBox Users' access to the OrderBox,
Parent Servers and all Parent Products and Services, under this agreement and
all Customer Product Agreement Extensions, immediately upon receiving
Termination notice from the Customer or upon learning of any event, which
Parent reasonably determines, would lead to Termination of the Agreement.

(2) Upon expiration or termination of this Agreement, all Customer Product
Agreement Extensions signed by the Customer shall deemed to have been
Terminated with immediate effect

(3) Upon expiration or termination of this Agreement, Parent may complete
the processing of all Orders requested to be processed, in the order that they
were requested to be processed, by the Customer prior to the date of such
expiration or termination, provided that the Customer's Advance Account with
Parent has Clear Balance sufficient to carry out these Orders. If Parent is
unable to fulfill these Orders then the charges levied to the Customer for
these Orders will be reversed

(6) Effect of Termination of any Customer Product Agreement Extension

(1) Parent may suspend OrderBox Users' access to applicable Parent
Products and Services , and the OrderBox immediately upon receiving
Termination notice from the Customer or upon learning of any event, which
Parent reasonably determines, would lead to Termination of any Customer
Product Agreement Extension

(2) Upon expiration or termination of any Customer Product Agreement
Extension, Parent may complete the processing of all Orders, of that Parent
Product, in the order that they were requested to be processed, by the
Reseller prior to the date of such expiration or termination, provided that
Parent is in a position to fulfill these Orders, and the Customer's Advance
Account with Parent has Clear Balance sufficient to carry out these Orders. If
Parent is unable to fulfill these Orders then the charges levied to the
Customer for these Orders will be reversed

(3) Parent may transfer all Orders falling under the purview of the
specific Customer Product Agreement Extension to another Customer or Parent.

(7) Any pending balance due from the Customer at the time of termination
of this Agreement or any Customer Product Agreement Extension will be
immediately payable.

(8) Neither Party shall be liable to the other for damages of any sort
resulting solely from terminating this Agreement or any Customer Product
Agreement Extension in accordance with its terms, unless specified
otherwise.The Customer however shall be liable for any damage arising from any
breach by it of this Agreement or any Customer Product Agreement Extension.

9. FEES / RENEWAL

(1) Customer shall pay all applicable fees/advances as per the Payment
Terms and Conditions set out in Appendix 'C'

(2) Parent will charge a non-refundable fee for an Order unless stated
otherwise in any Product Agreement Extension. The applicable fees will be
displayed in the Customer Control Panel or on the Parent Website and during
the Ordering Process. Parent has the right to revise this pricing at anytime.
Any such revision or change will be binding and effective immediately on
posting of the revision in the Customer Control Panel or on the Parent Website
or on notification to the Customer via email to the Customer.

(3) Customer acknowledges that it is the Customer's responsibility to keep
records and maintain reminders regarding the expiry of any Order. As a
convenience to the Customer, and not as a binding commitment, we may notify
the Customer of any expiring Orders, via an email message sent to the contact
information associated with the Customer in the OrderBox database. Should
renewal fees go unpaid for an Order, the Order will expire.

(4) Customer acknowledges that after expiration of the term of an Order,
Customer has no rights on such Order, or any information associated with such
Order, and that ownership of such Order now passes on to Parent. Parent and
Service Providers may make any modifications to said Order or any information
associated with said Order. Parent and Service Providers may intercept any
network/communication requests to such Order and process them in any manner in
their sole discretion. Parent and Service Providers may choose to monetize
such requests in any fashion at their sole discretion. Parent and Service
Providers may choose to display any appropriate message, and/or send any
response to any user making a network/communication request, for or concerning
said Order. Parent and Service Providers may choose to delete said Order at
anytime after expiry upon their sole discretion.

(5) Parent at its sole discretion may allow the renewal of the Order after
Order expiry, and such renewal term will start as on the date of expiry of the
Order, unless otherwise specified. Such process may be charged separately.
Such renewal after the expiry of the Order may not result in exact
reinstatement of the Order in the same form as it was prior to expiry.

(6) Parent makes no guarantees about the number of days, after deletion of
an Order, after which the same Order will once again become available for
purchase.

10. LIMITATION OF LIABILITY

IN NO EVENT WILL PARENT OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY
BENEFICIARIES BE LIABLE TO THE CUSTOMER FOR ANY LOSS OF REGISTRATION AND USE
OF DOMAIN NAME, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT,
ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY
DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PARENT AND/OR ITS SERVICE
PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PARENT FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT
LIMITED TO:

(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF
AUTHENTICATION INFORMATION;

(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS;

(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS
INTERRUPTIONS;

(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA
MISS-DELIVERY;

(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS
IN ANY AND ALL INFORMATION OR PARENT PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;

(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.

If any legal action or other legal proceeding (including arbitration) relating
to the performance under this Agreement or the enforcement of any provision of
this Agreement is brought against Parent by the Customer, then in no event
will the liability of Parent exceed actual amount paid to Parent by the
Customer for the Order in question minus direct expenses incurred with respect
to that Order.

BOTH PARTIES ACKNOWLEDGE THAT THE CONSIDERATION AGREED UPON BY THE PARTIES IS
BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT
WILL THE LIABILITY OF THE PARENT RELATING TO THIS AGREEMENT EXCEED TOTAL
AMOUNT PAID TO PARENT BY THE CUSTOMER DURING THE MOST RECENT THREE (3) MONTH
PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.

11. INDEMNIFICATION

(1) The Customer, at their own expense, will indemnify, defend and hold
harmless, Parent, Service Providers, and the contactors, employees, directors,
officers, representatives, agents and affiliates, of Parent, and Service
Providers, against any claim, suit, action, or other proceeding brought
against Parent or Service Providers based on or arising from any claim or
alleged claim, of third parties relating to or arising under this Agreement,
Parent Products provided hereunder or use of the Parent Products, including
without limitation:-

(1) infringement by either the Customer, or someone else using a Parent
Product with the Customer's computer, of any intellectual property or other
proprietary right of any person or entity

(2) arising out of any breach by the Customer of this Agreement.

(3) relating to or arising out of any Order or use of any Order

However, that in any such case Parent may serve either of the Customer with
notice of any such claim and upon their written request, Parent will provide
to them all available information and assistance reasonably necessary for them
to defend such claim, provided that they reimburse Parent for its actual
costs.

(2) The Customer will not enter into any settlement or compromise of any
such indemnifiable claim without Parent's prior written consent, which shall
not be unreasonably withheld.

(3) The Customer will pay any and all costs, damages, and expenses,
including, but not limited to, actual attorneys' fees and costs awarded
against or otherwise incurred by Parent in connection with or arising from any
such indemnifiable claim, suit, action or proceeding.

12. INTELLECTUAL PROPERTY

Subject to the provisions of this Agreement, each Party will continue to
independently own his/her/its intellectual property, including all patents,
trademarks, trade names, domain names, service marks, copyrights, trade
secrets, proprietary processes and all other forms of intellectual property.
Any improvements to existing intellectual property will continue to be owned
by the Party already holding such intellectual property.

Without limiting the generality of the foregoing, no commercial use rights or
any licenses under any patent, patent application, copyright, trademark,
know-how, trade secret, or any other intellectual proprietary rights are
granted by Parent to the Customer, or by any disclosure of any Confidential
Information to the Customer under this Agreement.

Customer shall further ensure that the Customer does not infringe any
intellectual property rights or other rights of any person or entity, or does
not publish any content that is libelous or illegal while using services under
this Agreement. Customer acknowledges that Parent cannot and does not check to
see whether any services or the use of the services by the Reseller under this
Agreement, infringes legal rights of others.

13. OWNERSHIP AND USE OF DATA

(1) Customer agrees and acknowledges that Parent owns all data,
compilation, collective and similar rights, title and interests worldwide in
the OrderBox Database, and all information and derivative works generated from
the OrderBox Database.

(2) Parent and Service Providers and their designees/agents have the right
to backup, copy, publish, disclose, use, sell, modify, process this data in
any form and manner as maybe required for compliance of any agreements
executed by Parent or Service Providers, or in order to fulfill services under
this Agreement, or for any other appropriate reason.

14. DELAYS OR OMISSIONS; WAIVERS

No failure on the part of any Party to exercise any power, right, privilege or
remedy under this Agreement, and no delay on the part of any Party in
exercising any power, right, privilege or remedy under this Agreement, shall
operate as a waiver of such power, right, privilege or remedy; and no single
or partial exercise or waiver of any such power, right, privilege or remedy
shall preclude any other or further exercise thereof or of any other power,
right, privilege or remedy.

No Party shall be deemed to have waived any claim arising out of this
Agreement, or any power, right, privilege or remedy under this Agreement,
unless the waiver of such claim, power, right, privilege or remedy is
expressly set forth in a written instrument duly executed and delivered on
behalf of such Party; and any such waiver shall not be applicable or have any
effect except in the specific instance in which it is given.

No waiver of any of the provisions of this Agreement shall be deemed to
constitute a waiver of any other provision (whether or not similar), nor shall
such waiver constitute a waiver or continuing waiver unless otherwise
expressly provided in writing duly executed and delivered.

15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT

(1) During the period of this Agreement, the Customer agrees that Parent
may: -

(1) revise the terms and conditions of this Agreement; and

(2) change the services provided under this Agreement

(2) Any such revision or change will be binding and effective immediately
on posting of the revision in the Customer Control Panel or on the Parent
Website

(3) The Customer agrees to review the Customer Control Panel and Parent
Website including the agreements, periodically, to be aware of any such
revisions

(4) If the Customer does not agree with any revision, the Customer may
terminate this Agreement according to Section 8(3) of this Agreement

(5) The Customer agrees that, continuing use of the services under this
Agreement following notice of any revision, will constitute as an acceptance
of any such revisions or changes

(6) The Customer shall execute, in a form and manner prescribed by Parent,
a supplementary agreement incorporating the amendments to or revisions of the
Agreement and/or Customer Product Agreement Extension

(7) The length of the term of the substituted agreement will be calculated
as if it is commenced on the date the original Agreement began and the
original Agreement will be deemed terminated.

(8) It will be the Customer's responsibility to communicate any changes in
the agreement and any obligations/duties covered by these changes to the
Customer's Agents / Employees / Authorised Representatives.

16. CONFIDENTIALITY

All Confidential Information shall be governed by the Confidentiality
Agreement as attached in Appendix 'B'.

17. PUBLICITY

The Customer shall not create, publish, distribute, or permit any written /
Oral / electronic material that makes reference to us or our Service Providers
or uses any of Parent's registered Trademarks / Service Marks or our Service
Providers' registered Trademarks / Service Marks without first submitting such
material to us and our Service Providers and receiving prior written consent.

The Customer gives Parent the right to recommend / suggest the Customer's name
and details to Customers / Visitors to the Parent Website, and Prospective
Customers and use the Customer's name in marketing / promotional material with
regards to Parent Products.

18. TAXES

The Customer shall be responsible for sales tax, consumption tax, transfer
duty, custom duty, octroi duty, excise duty, income tax, and all other taxes
and duties, whether international, national, state or local, however
designated, which are levied or imposed or may be levied or imposed, with
respect to this Agreement and the Parent Products.

19. FORCE MAJEURE

Neither party shall be liable to the other for any loss or damage resulting
from any cause beyond its reasonable control (a "Force Majeure Event")
including, but not limited to, insurrection or civil disorder, riot, war or
military operations, national or local emergency, acts or directives or
omissions of government or other competent authority, compliance with any
statutory obligation or executive order, strike, lock-out, work stoppage,
industrial disputes of any kind (whether or not involving either party's
employees), any Act of God, fire, lightning, explosion, flood, earthquake,
eruption of volcano, storm, subsidence, weather of exceptional severity,
equipment or facilities breakages / shortages which are being experienced by
providers of telecommunications services generally, or other similar force
beyond such Party's reasonable control, and acts or omissions of persons for
whom neither party is responsible. Upon occurrence of a Force Majeure Event
and to the extent such occurrence interferes with either party's performance
of this Agreement, such party shall be excused from performance of its
obligations (other than payment obligations) during the first three months of
such interference, provided that such party uses best efforts to avoid or
remove such causes of non performance as soon as possible.

20. ASSIGNMENT / SUBLICENSE

Except as otherwise expressly provided herein, the provisions of this
Agreement shall inure to the benefit of and be binding upon, the successors
and assigns of the Parties. The Customer shall not assign, sublicense or
transfer its rights or obligations under this Agreement to any third
person(s)/party without the prior written consent of the Parent.

21. CUSTOMER - CUSTOMER TRANSFER

(1) Parent may transfer the Order of the Customer to another Person,
Organisation or any other Legal entity under the following circumstances: -

(1) Authorization from the Customer and/or their Agent or Authorized
Representative in a manner prescribed by Parent from time to time;

(2) On receiving orders from a competent Court, Law Enforcement Agency, or
recognized Regulatory body;

(3) Breach of Contract;

(4) Termination of this Agreement;

(5) Parent learns of any such event, which Parent reasonably determines
would lead to Termination of this Agreement, or would constitute as Breach
thereof.

(2) In the above circumstances the Customer shall extend full cooperation
to Parent in transferring the Order of the Customer.

22. DISCLAIMER

The OrderBox, Parent Servers and any other Software / API / Specification /
Documentation / Application Services is provided on "as is" and "where is"
basis and without any warranty of any kind.

PARENT EXPRESSLY DISCLAIMS ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.

PARENT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY OF THE ABOVE WILL
MEET THE CUSTOMER'S REQUIREMENTS, OR THAT THE OPERATION OF THE ANY OF THE
ABOVE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN ANY OF THE ABOVE
WILL BE CORRECTED. PARENT WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY
INTERRUPTIONS OR ERRORS.

FURTHERMORE, PARENT NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE OrderBox, PARENT SERVERS, PARENT WEBSITE AND ANY
OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

23. JURISDICTION & ATTORNEY'S FEES

This Agreement shall be governed by and interpreted and enforced in accordance
with the laws of the Country, State and City where Parent is incorporated,
applicable therein without reference to rules governing choice of laws. Any
action relating to this Agreement must be brought in a court in the city,
state, country where Parent is incorporated. Parent reserves the right to
enforce the law in the Country/State/District where the
Registered/Corporate/Branch Office, or Place of Management of the Customer is
situated as per the laws of that Country/State/District.

If any legal action or other legal proceeding relating to the performance
under this Agreement or the enforcement of any provision of this Agreement is
brought against either Party hereto, the prevailing Party shall be entitled to
recover reasonable attorneys' fees, costs and disbursements (in addition to
any other relief to which the prevailing Party may be entitled.

24. MISCELLANEOUS

(1) Any reference in this Agreement to gender shall include all genders,
and words importing the singular number only shall include the plural and vice
versa.

(2) There are no representations, warranties, conditions or other
agreements, express or implied, statutory or otherwise, between the Parties in
connection with the subject matter of this Agreement, except as specifically
set forth herein.

(3) The Parties shall attempt to resolve any disputes between them prior
to resorting to litigation through mutual understanding or a mutually
acceptable Arbitrator.

(4) This Agreement shall inure to the benefit of and be binding upon
Parent and the Customer as well as all respective successors and permitted
assigns.

(5) Survival: In the event of termination of this Agreement for any
reason, Sections 1, 4, 6, 8(5), 8(6), 8(7), 8(8), 9, 10, 11, 12, 13, 14, 16,
17, 18, 21, 22, 23, 24(3), 24(5), 24(7), 24(11), 25(2) and all Sections of
Appendix A, and all Sections of Appendix B, and all Sections of Appendix C and
any Sections covered separately under a Survival clause in any Customer
Product Agreement Extension shall survive..

(6) This Agreement does not provide and shall not be construed to provide
third parties (i.e. non-parties to this Agreement), with any remedy, claim,
and cause of action or privilege against Parent.

(7) The Customer, Parent, and its Service Providers are independent
contractors, and nothing in this Agreement will create any partnership, joint
venture, agency, franchise, and sales representative or employment
relationship between the parties.

(8) Further Assurances: Each Party hereto shall execute and/or cause to be
delivered to the other Party hereto such instruments and other documents, and
shall take such other actions, as such other Party may reasonably request for
the purpose of carrying out or evidencing any of the transactions contemplated
/ carried out, by / as a result of, this Agreement.

(9) Construction: The Parties agree that any rule of construction to the
effect that ambiguities are to be resolved against the drafting Party shall
not be applied in the construction or interpretation of this Agreement.

(10) Entire Agreement; Severability: This Agreement, which includes
Appendix A, Appendix B, Appendix C and each executed Customer Product
Agreement Extension constitutes the entire agreement between the Parties
concerning the subject matter hereof and supersedes any prior agreements,
representations, statements, negotiations, understandings, proposals or
undertakings, oral or written, with respect to the subject matter expressly
set forth herein. If any provision of this Agreement shall be held to be
illegal, invalid or unenforceable, each Party agrees that such provision shall
be enforced to the maximum extent permissible so as to effect the intent of
the Parties, and the validity, legality and enforceability of the remaining
provisions of this Agreement shall not in any way be affected or impaired
thereby. If necessary to effect the intent of the Parties, the Parties shall
negotiate in good faith to amend this Agreement to replace the unenforceable
language with enforceable language that reflects such intent as closely as
possible.

(11) The division of this Agreement into Sections, Subsections, Appendices,
Extensions and other Subdivisions and the insertion of headings are for
convenience of reference only and shall not affect or be used in the
construction or interpretation of this Agreement.

(12) This agreement may be executed in counterparts.

(13) Language. All notices, designations, and specifications made under
this Agreement shall be made in the English Language only.

(14) Dates and Times. All dates and times relevant to this Agreement or its
performance shall be computed based on the date and time observed in the city
of the Registered office of the Parent

25. BREACH

In the event that Parent suspects breach of any of the terms and conditions of
this Agreement:

(1) Parent can immediately, without any notification and without assigning
any reasons, suspend / terminate the OrderBox Users' access to all Parent
Products and Services and the OrderBox.

(2) The Customer will be immediately liable for any damages caused by any
breach of any of the terms and conditions of this Agreement.

26. NOTICE

(1) Any notice or other communication required or permitted to be
delivered to Parent under this Agreement shall be in writing unless otherwise
specified and shall be deemed properly delivered when delivered to the legal
contact address specified in the Customer Control Panel or on the Parent
Website by registered mail or courier. Any communication shall be deemed to
have been validly and effectively given, on the date of receiving such
communication, if such date is a Business Day and such delivery was made prior
to 17:30 hours local time, and otherwise on the next Business Day.

(2) Any notice or other communication required or permitted to be
delivered to the Customer under this Agreement shall be in writing unless
otherwise specified and shall be deemed properly delivered, given and received
when delivered to contact address of the Customer in the OrderBox Database.

(3) Any notice or other communication to be delivered to any party via
email under this agreement shall be deemed to have been properly delivered if
sent in case of Parent to its Legal Contact mentioned in the Customer Control
Panel or on the Parent Website and in case of the Customer to their respective
email address in the OrderBox Database.

(4) Other than those notices mentioned in this agreement, Parent is NOT
required to communicate with the Customer in any respect about services
provided under this agreement. As a convenience to the Customer, Parent may
proactively send notices about aspects with regards to services rendered under
this Agreement, however these notices may be discontinued by Parent at
anytime.

APPENDIX 'A'
TERMS AND CONDITIONS OF OrderBox USAGE

This Appendix A covers the terms of access to the OrderBox. Any violation of
these terms will constitute a breach of agreement, and grounds for immediate
termination of this Agreement.

1. ACCESS TO OrderBox

(1) Parent may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily
suspend OrderBox Users' access to the OrderBox in the event of significant
degradation of the OrderBox, or at any time Parent may deem necessary.

(2) Parent may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make
modifications to the OrderBox from time to time.

(3) Access to the OrderBox is controlled by authentication information
provided by Parent. Parent is not responsible for any action in the OrderBox
that takes place using this authentication information whether authorized or
not.

(4) Parent is not responsible for any action in the OrderBox by a OrderBox
User

(5) OrderBox User will not attempt to hack, crack, gain unauthorized
access, misuse or engage in any practice that may hamper operations of the
OrderBox including, without Limitation temporary / permanent slow down of the
OrderBox, damage to data, software, operating system, applications, hardware
components, network connectivity or any other hardware / software that
constitute the OrderBox and architecture needed to continue operation thereof.

(6) OrderBox User will not send or cause the sending of repeated
unreasonable network requests to the OrderBox or establish repeated
unreasonable connections to the OrderBox. Parent will in its ABSOLUTE and
UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of
requests or connections.

(7) OrderBox User will take reasonable measures and precautions to ensure
secrecy of authentication information.

(8) OrderBox User will take reasonable precautions to protect OrderBox
Data from misuse, unauthorized access or disclosure, alteration, or
destruction.

(9) Parent shall not be responsible for damage caused due to the
compromise of your Authentication information in any manner OR any
authorized/unauthorized use of the Authentication Information.

(10) Parent shall not be liable for any damages due to downtime or
interruption of OrderBox for any duration and any cause whatsoever.

(11) Parent shall have the right to temporarily or permanently suspend
access of a OrderBox User to the OrderBox if Parent in its ABSOLUTE and
UNFETTERED SOLE DISCRETION suspects misuse of the access to the OrderBox, or
learns of any possible misuse that has occurred, or will occur with respect to
a OrderBox User.

(12) Parent and Service Providers reserve the right to, in their sole
discretion, reject any request, network connection, e-mail, or message, to, or
passing through, OrderBox

2. Terms of USAGE OF OrderBox

(1) Customer, or its contractors, employees, directors, officers,
representatives, agents and affiliates and OrderBox Users, either directly or
indirectly, shall not use or permit use of the OrderBox, directly or
indirectly, in violation of any federal, state or local rule, regulation or
law, or for any unlawful purpose, or to promote adult-oriented or "offensive"
material, or related to any unsolicited bulk e-mail directly or indirectly
(such as by referencing an OrderBox provided service within a spam email or as
a reply back address), or related to ANY unsolicited marketing efforts offline
or online, directly or indirectly, or in a manner injurious to Parent, Service
Providers or their Resellers, Customers and OrderBox Users, or their
reputation, including but not limited to the following -

(1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in
non-commercial newsgroups, etc.)

(2) Posting a single article or substantially similar articles to an
excessive number of newsgroups (i.e., more than 2-3) or posting of articles
which are off-topic (i.e., off-topic according to the newsgroup charter or the
article provokes complaints from the readers of the newsgroup for being
off-topic)

(3) Sending unsolicited mass e-mails (i.e., to more than 10 individuals,
generally referred to as spamming) which provokes complaints from any of the
recipients; or engaging in spamming from any provider

(4) Offering for sale or otherwise enabling access to software products
that facilitate the sending of unsolicited e-mail or facilitate the assembling
of multiple e-mail addresses ("spamware")

(5) Advertising, transmitting, linking to, or otherwise making available
any software, program, product, or service that is designed to violate these
terms, including but not limited to the facilitation of the means to spam,
initiation of pinging, flooding, mailbombing, denial of service attacks, and
piracy of software

(6) Harassment of other individuals utilizing the Internet after being
asked to stop by those individuals, a court, a law-enforcement agency and/or
Parent

(7) Impersonating another user or entity or an existing
company/user/service or otherwise falsifying one's identity for fraudulent
purposes in e-mail, Usenet postings, on IRC, or with any other Internet
service, or for the purpose of directing traffic of said user or entity
elsewhere

(8) Using OrderBox services to point to or otherwise direct traffic to,
directly or indirectly, any material that, in the sole opinion of Parent, is
associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to
such material), is in violation of copyright law, or contains material judged,
in the sole opinion of Parent, to be threatening or obscene or inappropriate

(9) Using OrderBox directly or indirectly for any of the below activities
activities:

(1) Transmitting Unsolicited Commercial e-mail (UCE)

(2) Transmitting bulk e-mail

(3) Being listed, or, in our sole opinion is about to be listed, in any
Spam Blacklist or DNS Blacklist

(4) Posting bulk Usenet/newsgroup articles

(5) Denial of Service attacks of any kind

(6) Excessive use of any web service obtained under this agreement beyond
reasonable limits as determined by the Parent in its sole discretion

(7) Copyright or trademark infringement

(8) Unlawful or illegal activities of any kind

(9) Promoting net abuse in any manner (providing software, tools or
information which enables, facilitates or otherwise supports net abuse)

(10) Causing lossage or creating service degradation for other users
whether intentional or inadvertent.

(2) Parent in its sole discretion will determine what constitutes as
violation of appropriate usage including but not limited to all of the above.

(3) Data in the OrderBox Database cannot be used for any purpose other
than those listed below, except if explicit written permission has been
obtained from Parent: -

1. To perform services contemplated under this agreement; and

2. To communicate with Parent on any matter pertaining to Parent or its
services

(4) Data in the OrderBox Database cannot specifically be used for any
purpose listed below :-

1. Mass Mailing or SPAM; and

2. Selling the data

 

 

 

APPENDIX 'B'
CONFIDENTIALITY

The Customer use and disclosure of Confidential Information disclosed
hereunder are subject to the following terms and conditions: -

(5) With respect to the Confidential Information, the Customer agree that:

(1) The Customer shall treat as strictly confidential, and use all
reasonable efforts, including implementing reasonable physical security
measures and operating procedures, to preserve the secrecy and confidentiality
of, all Confidential Information received from Parent.

(2) The Customer shall make no disclosures whatsoever of any Confidential
Information to others, provided however, that if the Customer are a
corporation, partnership, or similar entity, disclosure is permitted to the
their officers and employees who have a demonstrable need to know such
Confidential Information, provided that the Customer shall advise such
personnel of the confidential nature of the Confidential Information and of
the procedures required to maintain the confidentiality thereof; and

(3) The Customer shall not modify or remove any confidentiality legends
and/or copyright notices appearing on any Confidential Information of Parent.

(6) The obligations set forth in this Appendix shall be continuing,
provided, however, that this Appendix imposes no obligation upon the Customer
with respect to information that:

(1) is disclosed with Parent's prior written approval; or

(2) is or has entered the public domain in its integrated and aggregated
form through no fault of the receiving party; or

(3) is known by the Customer prior to the time of disclosure in its
integrated and aggregated form; or

(4) is independently developed by the Customer without use of the
Confidential Information; or

(5) is made generally available by Parent without restriction on
disclosure.

(7) In the event the Customer is required by law, regulation or court
order to disclose any of Parent's Confidential Information, the Customer will
promptly notify Parent in writing prior to making any such disclosure in order
to facilitate Parent seeking a protective order or other appropriate remedy
from the proper authority, at the Customer' expense. The Customer agree to
cooperate with Parent in seeking such order or other remedy. The Customer
further agree that if Parent is not successful in precluding the requesting
legal body from requiring the disclosure of the Confidential Information, it
will furnish only that portion of the Confidential Information, which is
legally required.

(8) In the event of any termination of this Agreement, all Confidential
Information, including all copies, partial copies of Confidential Information,
copied portions contained in derivative works, in the Customer' possession
shall be immediately returned to Parent or destroyed. Within 30 (Thirty) days
of termination of this Agreement, the Customer will certify in writing, to
Parent the Customer' compliance with this provision.

(9) The Customer shall provide full voluntary disclosure to Parent of any
and all unauthorized disclosures and/or unauthorized uses of any Confidential
Information; and the obligations of this Appendix shall survive such
termination and remain in full force and effect.

(10) The Customer duties under this Appendix shall expire five (5) years
after the information is received or earlier, upon written agreement of the
parties.

(11) The Customer agrees that Parent shall be entitled to seek all
available legal and equitable remedies for the breach by either of the
Customer of all of these clauses in this Appendix at the cost of the Customer.

 

APPENDIX 'C'
PAYMENT TERMS AND CONDITIONS

1. ADVANCE ACCOUNT

(1) Prior to purchasing any Parent Products, the Customer shall maintain
an Advance Account with Parent.

(2) As and when, the Customer purchases Parent Products, the Customer's
Advance Account balance shall be reduced as per the then current pricing of
that Parent Product as mentioned in the Customer Control Panel or on the
Parent Website or during the ordering process.

(3) Parent shall maintain a record of Customer's Advance Account balance,
which shall be accessible by the Customer. If the Customer's Advance Account
balance is insufficient for processing any Order then that Order may not be
processed.

(4) The Advance Account will maintain the Customer Credit in both the
Accounting Currency and Selling Currency of the Parent's choice. Parent has
the right to modify the currency at anytime.

(5) Any negative balance in the Customer's Advance Account will be
immediately payable. If a Customer does not remedy a negative balance in their
account within 24 hours, Parent has the right to terminate this agreement with
immediate effect and without any notice. Upon such termination or otherwise
Parent shall continue to have the right to initiate any legal proceedings
against the Customer to recover any negative balance in the Customer's Advance
Account.

(6) Parent shall have the right to set-off any payment received from the
Customer, or Sub-Customer, or Lower Tier Sub-Customer, or Customer against any
negative balance in the Customer's Advance Account.

(7) Any discrepancy, mistake, error in the credit / debit / amount in the
Customer Transactions / Advance Account maybe corrected by Parent at anytime

2. PAYMENT TERMS

(1) Parent will accept payments from the Customer only by means specified
in the Customer Control Panel

(2) Parent will credit all payments received to the Customers Advance
Account after deducting all bank charges, processing charges and any other
charges which Parent may choose to levy upon its sole discretion, within
reasonable time of receiving the credit in Parent's Account. The exchange rate
will be determined by Parent through a reasonable source. The exchange rate
determined by Parent shall be undisputable.

(3) It is the Customer's responsibility to provide the Customer Username
to Parent to be credited for the payment. The absence of the Customer Username
along with reasonable information will delay the corresponding credit to the
Advance Account.

(4) In the event that the Customer charges back a payment made via Credit
Card or the payment instrument sent by the Customer bounces due to Lack of
Funds or any other Reason, then

(1) Parent may immediately suspend OrderBox Users' access to the OrderBox

(2) Parent has the right to terminate this agreement with immediate effect
and without any notice.

(3) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete,
suspend, deny, cancel, modify, take ownership of or transfer any or all of the
Orders placed by the Customer, as well as stop / suspend / delete / transfer
any Orders currently being processed.

(4) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all
Orders placed by the Customer to any other Customer, or under Parent's
account.

(5) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy
reasonable additional charges for the processing of the Charge-back / Payment
Reversal in addition to actual costs of the same.

(6) Any negative balance in the Customers Advance Account shall become
immediately payable

(7) Parent shall have the right to initiate any legal proceedings against
the Customer to recover any such liabilities.

3. PRICING TERMS

(1) All pricing in this Agreement as well as every Customer Product
Agreement Extension refers to the price at which the Customer may Purchase the
corresponding Parent Product. This is excluding taxes, surcharges or any other
costs.

(2) Parent may at any time change the price of any Parent Product with
reasonable notification to the Customer.

4. REFUNDS AND REIMBURSEMENT TERMS

(1) All Clear Balance pending in the Advance Account maybe reimbursed
fully to the Customer, on request of the Customer. Such Request must be sent
to Parent in the manner prescribed by Parent.

(2) All bank charges applicable and a reasonable processing fee will be
deducted from this amount. All Refunds and Reimbursements will take up to 14
Business Days from the date of receipt of the request, to process.

(3) Parent will not be responsible for any differences in the
reimbursement amount due to Fluctuation in International Currency rates.
Parent will determine in its sole discretion appropriate conversion rates for
currency exchange

(4) Parent will not refund any amount that has already been debited to the
Customers Advance Account under any circumstances.

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IMPORTANT DOMAIN NAME REGISTRATION INFORMATION
.com, .net , .org .Biz .Info .Name .TV .CC

Uniform Domain Name Dispute Resolution Policy

gTLD Registration Agreement (.com , Net, .org)

1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to WebmasterNotRequired.com and "Services" refers to the domain name registration provided by us as offered through ours and our partner web sites, the Registration Service Provider ("RSP"). This Agreement explains our obligations to you, and explains your obligations to us for various Services.

2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge and belief, neither the registration of the SLD name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party and that the Domain Name is not being registered for any unlawful purpose.

3. FEES. As consideration for the services you have selected, you agree to pay to us, or your respective RSP who remits payment to us on your behalf, the applicable service(s) fees. All fees payable thereunder are nonrefundable. 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, by completing and submitting this Agreement represent that the statements in your application are true.

4. TERM. You agree that the Registration Agreement will remain in full force during the length of the term of your Domain Name Registration. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. This Agreement will remain in full force during the length of the term of your Domain Name Registration as selected, recorded, and paid for upon registration of the Domain Name. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred due to another Registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force for the purpose of registering domain names then in force between SLD holders and the new Registrar.

5. 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. 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. 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 shall 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.

6. 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.

7. 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 by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml. Please take the time to familiarize yourself with this policy.

8. 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 The Province of British Columbia.

9. ICANN POLICY. You agree that your registration of the SLD name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the SLD name.

10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the SLD holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the SLD. You shall accept liability for harm caused by wrongful use of the SLD, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms of Disclosure and Use of Registration Information (sections 18 and 19 of this Agreement).

11. ANNOUNCEMENTS. We and the RSP 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.

12. 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 mis-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 interruption of your Service. You agree that we will not be liable for any loss of registration and use of your 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. In no event shall our maximum liability exceed five hundred ($500.00) dollars.

13. 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 without limitation Network Solutions, Inc., and the directors, officers, employees and agents of each of them, 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 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.

14. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

15. 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. 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.

16. 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.

17. DISCLAIMER OF WARRANTIES. 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 disclaim 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 Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of 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 Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

18. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:

i) Your name and postal address (or, if different, that of the domain name holder); ii) The domain name being registered iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name. iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name. Any other information which we request from you at registration is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you through your RSP.

19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and the applicable laws.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), 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 information by us.

You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your RSP.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

20. REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the SLD registration.

21. 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 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, reserve, or delete your domain name or register you for other Services.

22. 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.

23. 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.

24. NON-WAIVER. Our failure to require performance by you 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.

25. 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 e-mail notification to us or to the RSP to or [Insert E-mail Address for RSP ] or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record. 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, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us or to the RSP shall be sent to:

Our address:

WebmasterNotRequired.com
1180 Lawrence Ave
Suite 104
Kelowna, BC V1Y 6M4
Attention: Legal Affairs

and in the case of notification to you shall be to the address specified in the "Administrative Contact" in your WHOIS record.

26. ENTIRETY. You agree that this Agreement, the rules and policies published by us 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.

27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN BRITISH COLUMBIA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

28. INFANCY. You attest that you are of legal age to enter into this Agreement.

29. 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 THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT., GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

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Uniform Domain Name Dispute Resolution Policy

 

Uniform Domain Name Dispute Resolution Policy

Policy Adopted: August 26, 1999 Implementation Documents Approved: October 24, 1999

Note: This policy is now in effect. See www.icann.org/udrp/udrp-schedule.htm for the implementation schedule.

1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.

2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;

b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or

c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. Mandatory Administrative Proceeding.

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a "Provider").

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").

f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. Transfers During a Dispute.

a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

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Uniform Domain Name Dispute Resolution Policy

FOR .BIZ DOMAINS (URL)

SCHEDULE B

Form of Registration Agreement

AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer to the registrant of each domain name registration, "we", “us" and "our" refer to WebmasterNotRequired.com and “Services” refers to the domain name registration provided by us as offered through (“RSP”). This Agreement explains our obligations to you, and explains your obligations to us for various Services.

SELECTION OF A DOMAIN NAME. You represent that: (i) the data provided in the domain name registration application is true, correct, up to date and complete,

(ii) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;

(iii) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever

(iv) the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation;

(v) you have the authority to enter into this Registration Agreement; and

(vi) the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.

FEES. As consideration for the Services you have selected, you agree to pay the RSP the applicable service(s) fees. All fees payable hereunder are non-refundable. 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"). By submitting this Agreement, you represent that the statements in your Application are true, complete and accurate.

TERM. This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.

MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. You agree to be bound by any such revision or change will which shall be effective immediately upon posting on our web site or upon notification to you by e-mail or your country’s postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted on our web site periodically to maintain an awareness of any and all 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 postal service pursuant to the Notices section of this Agreement. Notice of your termination shall be effective after processing by us. You agree that, by continuing the use of Services following notice of any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes. You further agree to be bound by the ICANN Uniform Dispute Resolution Policy (“Dispute Policy”) as presently written and posted on http://www.opensrs.org/legal/udrp.shtml and as shall be amended from time to time. 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.

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. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.

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 by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml. Please take the time to familiarize yourself with this policy.

DOMAIN NAME DISPUTES. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: (i) The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy), available at http://www.icann.org/udrp/udrp.htm;

(ii) The Start-Up Dispute Resolution Policy (“SUDRP”), available at http://www.neulevel.com/countdown/stop.html; and

(iii) The Restrictions Dispute Resolution Criteria and Rules (“RDRP”), available at http://www.neulevel.com/;

(collectively, “Dispute Policies”).

The SUDRP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name (“Registrant”) with any third party (other than Neulevel, Inc. (“Registry Operator”) or WebmasterNotRequired.com over the registration or use of a .biz domain name registered by you that is subject to the Start-up Intellectual Property Notification Service (“SIPNS”). SIPNS is a service introduced by Registry Operator to notify a trademark or service mark holder (“Claimant”) that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the SUDRP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.

The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.

he RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be endorsed on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider.

POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any WebmasterNotRequired.com, Registry Operator, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name.

AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you have provided notice of the terms and conditions in this Agreement to a third party licensee and that the third party agrees to the terms hereof.

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). Neither we nor our contractors or third party beneficiaries shall 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 jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, 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 interruption of your Service. You agree that we will not be liable for any loss of registration and use of your 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. In no event shall our maximum liability exceed five hundred ($500.00) dollars.

INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors, affiliates and third party beneficiaries 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 Service 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 shall be a breach of your Agreement and may result in deactivation of your domain name.

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. 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.

NO GUARANTY. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to either the registration, reservation, or use of the domain name.

DISCLAIMER OF WARRANTIES. 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 disclaim 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 Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of 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 Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (i) Your name and postal address (or, if different, that of the domain name holder);

(ii) The domain name being registered;

(iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;

(iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.

Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected for the purpose of improving the products and services offered to you through your RSP.

DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and applicable laws. You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), 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 information by us.

You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your RSP.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.

REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration.

RIGHT OF REFUSAL. We, and/or Registry Operator, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other 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, reserve, or delete your domain name or register you for other Services. We reserve the right to delete or transfer your domain name following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party. We also reserve the right to suspend a domain name during resolution of a dispute.

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.

NON-AGENCY. Nothing contained in this Agreement or the Dispute Policies shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

NON-WAIVER. Our failure to require performance by you 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.

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 postal service. 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 e-mail, notifications must be sent to us at , or in the case of notification to you, to the e-mail address provided by you in your WHOIS record. 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, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us or to RSP shall be sent to:

Our address:

WebmasterNotRequired.com
1180 Lawrence Ave
Suite 104
Kelowna, BC V1Y 6M4
Attention: Legal Affairs

and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.

ENTIRETY. You agree that this Agreement, the rules and policies published by us 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.

GOVERNING LAW. This Agreement shall be governed by and interpreted and enforced in accordance with the LAWS OF Province of British Columbia and the FEDERAL LAWS OF canada applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in British Columbia and you irrevocably consent to the jurisdiction of such courts.

INFANCY. You attest that you are of legal age to enter into this Agreement.

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 THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

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.com, .net , .org .Biz .Info .Name .TV .CC
Uniform Domain Name Dispute Resolution Policy

FOR .NAME DOMAINS (URL)

SCHEDULE A

Form of Registration Agreement

1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer to the registrant of each domain name registration and/or recipient of email forwarding services, "we", "us" and "our" refer to WebmasterNotRequired.com, "Registry Operator" refers to The Global Name Registry Ltd. and "Services" refers to the domain name registration and email forwarding provided by us as offered through WebmasterNotRequired.com and it's subsidiaries("RSP"). This Agreement explains our obligations to you, and explains your obligations to us for various Services.

2. .name RESTRICTIONS. Registrations in the .name top-level domain must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

3. .name REPRESENTATIONS. As a .name domain name Registrant, you hereby represent that:

(i) the registered domain name or second level domain ("SLD") email address is your Personal Name.

(ii) the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all of the information provided correct, current and complete,

(iii) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;

(iv) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;

(v) the registration satisfies the Eligibility Requirements found at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm; and

(vi) you have the authority to enter into this Registration Agreement.

4. EMAIL FORWARDING SERVICES.

(i) The Services for which you have registered may, at your option, include email forwarding. To the extent you opt to use email forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of email forwarding, including the content of messages sent through email forwarding.

(ii) You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage. This includes, but is not limited to the Acceptable Use Policy, available at http://www.theglobalname.org/ as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use email forwarding: (a) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material; (b) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network; (c) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, wilful attempts to overload another system or other forms of harassment; or (d) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using email forwarding.

(iii) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator's email forwarding. However, due to the nature of such systems, which actively block messages, Registry Operator shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or us to give feedback on the decision.

(iv) You understand and agree that Registry Operator may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of email forwarding. You further understand and agree that Registry Operator is at liberty to block your access to email forwarding if you use email forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the email forwarding unless it would damage the reputation of Registry Operator or jeopardize the security of Registry Operator or others to do so. Registry Operator reserves the right to immediately discontinue email forwarding without notice if the technical stability of email forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing email forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.

(v) You understand and agree that to the extent either we and/or Registry Operator is required by law to disclose certain information or material in connection with your email forwarding, either we and/or Registry Operator will do so in accordance with such requirement and without notice to you.

5. FEES. As consideration for the Services you have selected, you agree to pay the RSP the applicable service(s) fees. All fees payable hereunder are non-refundable. 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"). By submitting this Agreement, you represent that the statements in your Application are true, complete and accurate.

6. TERM. This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.

7. MODIFICATIONS TO AGREEMENT. You agree that we may in our sole discretion: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. You agree to be bound by any such revision or change will which shall be effective immediately upon posting on our web site or upon notification to you by e-mail or your country's postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted on our web site periodically to maintain an awareness of any and all 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 postal service pursuant to the Notices section of this Agreement. Notice of your termination shall be effective after processing by us. You agree that, by continuing the use of Services following notice of any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes. You further agree to be bound by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as presently written and posted on http://www.opensrs.org/legal/udrp.shtml and as shall be amended from time to time. 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. We will not refund any fees paid by you if you terminate your agreement with us.

8. 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. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password. You will not be able to transfer your domain name during the first sixty (60) days following registration of the domain name with us. Beginning on the sixty-first (61st) day following the registration, the policies set forth at: http://www.opensrs.org/dotname_info.shtml shall apply.

9. 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 by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml. Please take the time to familiarize yourself with this policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement.

(i) the Eligibility Requirements (the "Eligibility Requirements"), available at http://www.icann.org.tlds/agreements/name/registry-agmt-appl-03jul01.htm;

(ii) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm; and

(iii) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.

The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the landrush procedures in connection with the opening of the Registry TLD. The following categories of Personal Name Registrations may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character, if you have trademark or service make rights in that character's Personal Name; (iii) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of the Personal Name so as to differentiate it from other Personal Names.

The ERDRP applies to challenges to (i) registered domain names and SLD email address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations (as defined by the Registry Operator) within .name.

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than Global Name Registry ("Registry Operator") or Registrar over the registration and use of an Internet domain name registered by a Registrant.

10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name or SLD email address 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 modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

11. DOMAIN NAME DISPUTES. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our 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 set forth below in this agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the Registry of the judicial body by supplying a party with a Registrar certificate from us.

12. POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any WebmasterNotRequired.com, Registry Operator, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name.

13. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you have provided notice of the terms and conditions in this Agreement to a third party licensee and that the third party agrees to the terms hereof.

14. 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.

15. 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). Neither we nor our contractors or third party beneficiaries shall 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 jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, 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 interruption of your Service. You agree that we will not be liable for any loss of registration and use of your 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. In no event shall our maximum liability exceed five hundred ($500.00) dollars.

You agree that neither we nor the Registry Operator will have any liability of any kind for any loss or liability resulting from (i) the processing of registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a .name domain name or SLD email address registration using these processes; or (ii) any dispute over any .name domain name, SLD email address, Defensive Registration or NameWatch Registration (as defined by the Registry Operator), including the decision of any dispute resolution proceeding related to any of the foregoing.

16. INDEMNITY. You agree to release, indemnify, and hold us, the Registry Operator, our contractors, agents, employees, officers, directors, affiliates and third party beneficiaries harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising out of or relating to the domain name registered under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service 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 both us and the Registry Operator harmless pursuant to the terms and conditions contained in the Dispute Policies. 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 shall be a breach of your Agreement and may result in deactivation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.

17. TRANSFER OF OWNERSHIP. The person named as Registrant at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. You acknowledge that you will not be entitled to change registrars during the first sixty (60) days following the registration of your domain name.

18. 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 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. 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.

19. NO GUARANTY. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to either the registration, reservation, or use of the domain name.

20. DISCLAIMER OF WARRANTIES. 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 disclaim 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 Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of 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 Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

21. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:

(i) Your full name, postal address, e-mail address and voice telephone number and fax number (if available) (or, if different, that of the domain name holder);

(ii) The domain name being registered;

(iii) The name, postal address, e-mail address, and voice telephone number and fax number (if available) telephone numbers of the administrative contact, the technical contact and the billing contact for the domain name;

(iv) The IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name.

You acknowledge and agree that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN and may be sold in bulk in accordance with ICANN policy. You further understand and agree that the foregoing registration data may be transferred internationally.

22. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and applicable laws.

You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), 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 information by us.

You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your RSP.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.

23. REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the "Whois" directory with respect to a domain name concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or an ICANN/Registry Operator policy.

24. RIGHT OF REFUSAL. We, and/or Registry Operator, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services, to protect the integrity and stability of the Registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with the dispute resolution process, or to avoid any liability, civil or criminal, on our part and/or that of the Registry Operator, as well as our affiliates, subsidiaries, officers, directors and employees. We and the Registry Operator reserve the right to suspend a domain name during the resolution of a dispute.

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 a 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, reserve, or delete your domain name or register you for other Services.

25. We reserve the right to delete or transfer your domain name following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party.

26. 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.

27. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policies shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

28. NON-WAIVER. Our failure to require performance by you 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.

29. 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 postal service. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail, notifications must be sent to us at , or in the case of notification to you, to the e-mail address provided by you in your WHOIS record. 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, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us or to RSP shall be sent to:

Our address:

WebmasterNotRequired.com
1180 Lawrence Ave
Suite 104
Kelowna, BC V1Y 6M4
Attention: Legal Affairs

and in the case of notification to you shall be to the address specified in the "Administrative Contact" in your WHOIS record

30. ENTIRETY. You agree that this Agreement, the rules and policies published by WebmasterNotRequired.com, ICANN and/or the Registry Operator 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.

31. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF British Columbia AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN British Columbia AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

32. INFANCY. You attest that you are of legal age to enter into this Agreement.

33. 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 THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

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.com, .net , .org .Biz .Info .Name .TV .CC
Uniform Domain Name Dispute Resolution Policy

For .TV Domains (URL)

1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer to the registrant of each domain name registration, "we", “us" and "our" refer to WebmasterNotRequired.com and “Services” refers to the .tv domain name registration provided by us as offered through WebmasterNotRequired.com and it's subsidiaries("RSP").

This Agreement explains our obligations to you, and explains your obligations to us for various Services.

2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.

3. FEES. As consideration for the Services you have selected, you agree to pay RSP the applicable service(s) fees. All fees payable hereunder are non-refundable. 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"). By submitting this Agreement, you represent that the statements in your Application are true, complete and accurate. Failure to maintain accurate information will be considered a material breach of this Agreement and will entitle us to delete your domain name registration.

4. TERM. This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.

5. MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. You agree to be bound by any such revision or change will which shall be effective immediately upon posting on our web site or upon notification to you by e-mail or your country’s postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted on our web site periodically to maintain an awareness of any and all 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 postal service pursuant to the Notices section of this Agreement. Notice of your termination shall be effective after processing by us. You agree that, by continuing the use of Services following notice of any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes. You further agree to be bound by the ICANN Uniform Dispute Resolution Policy (“Dispute Policy”) as presently written and posted on http://www.opensrs.org/legal/udrp.shtml and as shall be amended from time to time. 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.

6. 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. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.

7. 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 by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml. Please take the time to familiarize yourself with this policy.

8. 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. 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.

9. POLICY. You agree that your registration of the .tv domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN or government adopted policy, or pursuant to any Registrar or registry procedure not inconsistent with an ICANN or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name. You acknowledge that you have reviewed the .tv General Terms of Service which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml and expressly agree to the terms outlined therein.

10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you have provided notice of the terms and conditions in this Agreement to a third party licensee and that the third party agrees to the terms hereof.

11. 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.

12. 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). Neither we, nor our contractors or third party beneficiaries shall 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 jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, 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 mis-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 interruption of your Service. You agree that we will not be liable for any loss of registration and use of your 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. In no event shall our maximum liability exceed five hundred ($500.00) dollars.

13. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees,officers, directors, affiliates and third party beneficiaires 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 Service 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 shall be a breach of your Agreement and may result in deactivation of your domain name.

14. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

15. 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. 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.

16. NO GUARANTY. You acknowledge that registration or reservation of your chosen domain name, does not confer immunity from objection to either the registration, reservation, or use of the domain name.

17. DISCLAIMER OF WARRANTIES. 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 disclaim 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 Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of 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 Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

18. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (i) Your name and postal address (or, if different, that of the domain name holder); (ii) The domain name being registered; (iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; (iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name. Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected for the purpose of improving the products and services offered to you through your RSP.

19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and applicable laws. You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), 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 information by us. You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your RSP. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.

20. REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration.

21. 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. 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, reserve, or delete your domain name or register you for other Services. We reserve the right to delete or transfer your domain name within a thirty (30) day period following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party.

22. 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.

23. 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.

24. NON-WAIVER. Our failure to require performance by you 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.

25. 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 postal service. 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 e-mail, notifications must be sent to us at , or in the case of notification to you, to the e-mail address provided by you in your WHOIS record. 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, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us or to RSP shall be sent to:

Our address:

WebmasterNotRequired.com
1180 Lawrence Ave
Suite 104
Kelowna, BC V1Y 6M4
Attention: Legal Affairs

and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.

26. ENTIRETY. You agree that this Agreement, the rules and policies published by us 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.

27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF British Columbia AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN British Columbia AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

28. INFANCY. You attest that you are of legal age to enter into this Agreement.

29.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 THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

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.com, .net , .org .Biz .Info .Name .TV .CC
Uniform Domain Name Dispute Resolution Policy

 

FOR .INFO Domains (URL)

SCHEDULE A Form of Registration Agreement

1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer to the registrant of each domain name registration, "we", “us" and "our" refer to WebmasterNotRequired.com and “Services” refers to the domain name registration provided by us as offered through WebmasterNotRequired.com and it's subsidiaries("RSP"). This Agreement explains our obligations to you, and explains your obligations to us for various Services.

If you are registering your name during the finite period of time when owners of trademarks and service marks issued prior to October 2, 2000 and having national effect will have the exclusive opportunity to register identical domain names (“Sunrise Period”), you agree to comply with the procedures, terms and obligations. You acknowledge and agree that registrations for domain names during the Sunrise Period will only be accepted for a minimum registration term of five (5) years.

2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.

3. FEES. As consideration for the Services you have selected, you agree to pay the RSP the applicable service fees. All fees payable hereunder are non-refundable. 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"). By submitting this Agreement, you represent that the statements in your Application are true, complete and accurate.

4. TERM. This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.

5. MODIFICATIONS TO AGREEMENT. You agree that we may:(1) revise the terms and conditions of this Agreement; and(2) change the services provided under this Agreement. You agree to be bound by any such revision or change will which shall be effective immediately upon posting on our web site or upon notification to you by e-mail or your country’s postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted on our web site periodically to maintain an awareness of any and all 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 postal service pursuant to the Notices section of this Agreement. Notice of your termination shall be effective after processing by us. You agree that, by continuing the use of Services following notice of any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes. If you have registered your name during the Sunrise Period, you agree to be bound by the Sunrise Dispute Resolution Policy (“Sunrise Dispute Policy”) found at (http://www.afilias.com/faq/sunrise-challenge.html). You further agree to be bound by the ICANN Uniform Dispute Resolution Policy (“Dispute Policy”) as presently written and posted on http://www.opensrs.org/legal/udrp.shtml and as shall be amended from time to time. 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.

6. 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. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.

7. 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 by the Dispute Policies that are incorporated herein and made a part of this Agreement by reference. The current version of the general registration Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml. Please take the time to familiarize yourself with this policy.

8. 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 Sunrise Dispute Policy or the Dispute Policy, as applicable. 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 Sunrise Dispute Policy or Dispute Policy, as applicable.

9. POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a WebmasterNotRequired.com, Registry Operator, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a WebmasterNotRequired.com, Registry Operator, ICANN or government-adopted policy, (1) to correct mistakes by us or the Registry in registering the name or (2) for the resolution of disputes concerning the domain name.

10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you have provided notice of the terms and conditions in this Agreement to a third party licensee and that the third party agrees to the terms hereof.

11. 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.

12. 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). Neither we nor our contractors or third party beneficiaries shall 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 jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, 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 interruption of your Service. You agree that we will not be liable for any loss of registration and use of your 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. In no event shall our maximum liability exceed five hundred ($500.00) dollars.

13. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors, affiliates and third party beneficiaries 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 Service 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 shall be a breach of your Agreement and may result in deactivation of your domain name.

14. TRANSFER OF OWNERSHIP. The person named as registrant at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. You acknowledge that you will not be entitled to change registrars during the first sixty (60) days following the registration of your domain name.

15. 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. 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.

16. NO GUARANTY. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to either the registration, reservation, or use of the domain name.

17. DISCLAIMER OF WARRANTIES. 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 disclaim 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 Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of 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 Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

18. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (i) Your name and postal address (or, if different, that of the domain name holder); (ii) The domain name being registered; (iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; (iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name. Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected for the purpose of improving the products and services offered to you through your RSP.

19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and applicable laws. You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), 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 information by us. You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your RSP. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.

20. REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration.

21. 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. 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, reserve, or delete your domain name or register you for other Services. We reserve the right to delete or transfer your domain name within a thirty (30) day period following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party. We also reserve the right to suspend a domain name during resolution of any dispute.

22. 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.

23. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policies shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

24. NON-WAIVER. Our failure to require performance by you 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.

25. 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 postal service. 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 e-mail, notifications must be sent to us at , or in the case of notification to you, to the e-mail address provided by you in your WHOIS record. 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, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us or to RSP shall be sent to:

 

Our address:

WebmasterNotRequired.com
1180 Lawrence Ave
Suite 104
Kelowna, BC V1Y 6M4
Attention: Legal Affairs

and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record. 26. ENTIRETY. You agree that this Agreement, the rules and policies published by us 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. 27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF British Columbia AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN British Columbia AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS. 28. INFANCY. You attest that you are of legal age to enter into this Agreement. 29. 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 THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

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Uniform Domain Name Dispute Resolution Policy

For .CC Domains (URL)

APPENDIX A

Form of Registration Agreement

1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer to the registrant of each domain name registration, "we", “us" and "our" refer to WebmasterNotRequired.com and “Services” refers to the domain name registration provided by us as offered through (“RSP”). This Agreement explains our obligations to you, and explains your obligations to us for the Services.

2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.

3. FEES. As consideration for the Services , you agree to pay the RSP the applicable service(s) fees. All fees payable hereunder are non-refundable. 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"). By submitting this Agreement, you represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both WebmasterNotRequired.com and the Registry reserve the right to terminate your domain name registration if: (i) information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a violation of this Section 3 will constitute a material breach of this agreement which will entitle either us or the Registry to terminate this agreement immediately without any refund and without notice to you.

4. TERM. This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.

5. MODIFICATIONS TO AGREEMENT. You agree that either we or the Registry may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. You agree to be bound by any such revision or change will which shall be effective immediately upon posting on our web site or upon notification to you by e-mail or your country’s postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted on our web site periodically to maintain an awareness of any and all 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 postal service pursuant to the Notices section of this Agreement. Notice of your termination shall be effective after processing by us. You agree that, by continuing the use of Services following notice of any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes. You further agree to be bound by the Registry dispute policy (“Dispute Policy”) as presently written and posted on http://www.enic.cc/policies/dispute.html and as shall be amended from time to time. 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.

6. 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. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.

7. 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 by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.enic.cc/policies/dispute.html. Please take the time to familiarize yourself with this policy.

8. 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. 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. You acknowledge that neither we nor the Registry screen or otherwise review your domain name application to verify that you have the legal right to use a particular word or term. You are strongly encouraged to perform a trademark search with respect to the words and/or phrases comprising your domain name prior to applying for registration of the domain. You agree that you will be solely liable in the event that your use of a domain constitutes an infringement or other violation of a third party’s rights.

9. POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a WebmasterNotRequired.com, Registry, regulatory or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a WebmasterNotRequired.com, Registry, regulatory or government-adopted policy, (1) to correct mistakes by us or the Registry in registering the name, or (2) for the resolution of disputes concerning the domain name. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.enic.cc. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you have provided notice of the terms and conditions in this Agreement to any third party licensee and that the third party agrees to the terms hereof.

11. 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.

12. 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). Neither we nor our contractors or third party beneficiaries, including but not limited to Verisign, Inc. and eNic Corporation, shall 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 jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, 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 mis-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 interruption of your Service. You agree that we will not be liable for any loss of registration and use of your 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.

13. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors, affiliates and third party beneficiaries, including but not limited to Verisign, Inc. and eNic Corporation, 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 Service 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 shall be a breach of your Agreement and may result in deactivation of your domain name.

14. SCOPE OF REGISTRATION. You will be entitled to exclusive use of the domain name during the term of the registration. Notwithstanding the foregoing, you shall not use, display, exploit or register a domain name which action may constitute illegal activity or be in contravention or violation of a WebmasterNotRequired.com or Registry policy. You acknowledge that a breach of this clause will constitute a material breach of this agreement which will entitle either WebmasterNotRequired.com or the Registry to terminate this agreement immediately upon such breach without any refund. In addition, both we and/or the Registry may, in our sole discretion, refuse registration of your desired domain name within thirty (30) calendar days from receipt of payment. Neither WebmasterNotRequired.com nor the Registry shall be liable for any loss, damage or other injury whatsoever resulting from any refusal to register your desired domain name.

15. TRANSFER OF OWNERSHIP. The person named as registrant at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

16. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy, 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 fifteen (15) 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. 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.

17. NO GUARANTY. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to either the registration, reservation, or use of the domain name.

18.DISCLAIMER OF WARRANTIES. 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 disclaim 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 Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of 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 Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

19.INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:

(i) Your name and postal address (or, if different, that of the domain name holder);

(ii) The domain name being registered;

(iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;

(iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.

Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected for the purpose of improving the products and services offered to you through your RSP.

20. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that either we and/or the Registry may make directly available to third parties or publicly available, some or all, of the Account Information for inspection through our WHOIS service and for any other purposes as may be required or permitted by applicable laws or policies. You hereby irrevocably waive and release WebmasterNotRequired.com and/or the Registry from any and all claims and causes of action you may have arising from any disclosure, use, or unauthorized access of your Account Information.

.

21. REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration.

22. 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. 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, reserve, or delete your domain name or register you for other Services.

We reserve the right to delete or transfer your domain name within a thirty (30) day period following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party.

23. 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.

24. 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.

25. NON-WAIVER. Our failure to require performance by you 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.

26. 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 postal service. 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 e-mail, notifications must be sent to us at , or in the case of notification to you, to the e-mail address provided by you in your WHOIS record. 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. E.S.T., otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing and, in the case of notification to us or to RSP shall be sent to:

Our address:

WebmasterNotRequired.com
1180 Lawrence Ave
Suite 104
Kelowna, BC V1Y 6M4
Attention: Legal Affairs

and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.

27. ENTIRETY. You agree that this Agreement, the rules and policies published by us 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.

28. GOVERNING LAW. This Agreement shall be governed by and interpreted and enforced in accordance with the LAWS OF Province of British Columbia and the FEDERAL LAWS OF canada applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in British Columbiaand you irrevocably consent to the jurisdiction of such courts.

29. INFANCY. You attest that you are of legal age to enter into this Agreement.

30. FORCE MAJEURE. You acknowledge and agree that neither we nor the Registry shall be responsible for any failure or delay in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.

31. FOREIGN LANGUAGE; Controlling Language. In the event that you are reading this agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.

32. 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 THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

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Uniform Domain Name Dispute Resolution Policy