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DOMAIN NAME REGISTRATION AGREEMENT
.com, .net, .org registrations only
1. Introduction
This Registration Agreement ("Agreement") sets forth the
terms and conditions of your use of the domain name registration
services of 247hosts.com to register an Internet domain name , as well
as your registration of that domain name. To complete the registration
process, you must acknowledge that you have read, understood, and
agree to be bound by all terms and conditions of this Agreement,
the accompanying fee schedule, dispute policy and any rules or policies
that are or may become effective when published by 247hosts.com.
You acknowledge
that 247hosts.com may modify this Agreement as necessary.
2. Selection of a
Domain Name
We do not check to see whether the domain name you select, or the
use you make of the domain name, infringes legal rights of others.
We urge you to investigate to see whether the domain name you select
or its use infringes legal rights of others, and in particular we
suggest you seek advice of competent counsel. You may wish to consider
seeking one or more trademark registrations in connection with your
domain name. You should be aware that there is the possibility we
might be ordered by a court to cancel, modify, or transfer your
domain name. You should be aware that if we are sued or threatened
with lawsuit in connection with your domain name, we may turn to
you to hold us harmless and indemnify us, pursuant to the indemnification
provision below.
3. Fees and Payment
As consideration for the domain name registration services provided
by 247hosts.com to you, you agree to pay 247hosts.com, at the time of
submitting your application for registration, all applicable initial
registration fees and renewal fees in accordance with 247hosts.com's
fee schedule published at 247hosts.com's website. All fees are non-refundable,
in whole or in part, even if your domain name registration is suspended,
cancelled or transferred prior to the end of the registration term.
You will be notified when renewal fees are due, and it shall be
your responsibility to ensure that such fees are paid. Should these
fees go unpaid by the time specified in the renewal notice, your
registration will be cancelled. You agree that 247hosts.com shall have
no liability whatsoever with respect to any such cancellation.
4.Charge Backs
You agree that you will lose all rights upon the selected domain
name in case of a charge back by your credit card company, credit
card fraud or any other reserved payment. 247hosts.com will decide
at his sole discretion whether to hold the name in his own portfolio
or to release it for use by others.
5. Dispute Policy
You agree to be bound by the current Uniform Domain Name Dispute
Resolution Policy ("Dispute Policy") which is incorporated
into this Agreement by reference and made a part of this Agreement.
Any disputes regarding the right to use your domain name will be
subject to the Dispute Policy provisions in effect at the time your
domain name registration is disputed by a third party, in the event
such a dispute arises. You also agree that, in the event a domain
name dispute arises with any third party, you will indemnify and
hold 247hosts.com harmless pursuant to the terms and conditions contained
in the Dispute Policy. 247hosts.com may modify the Dispute Policy with
the permission of ICANN at any time. Your continued registration
of your domain name after modification to the Dispute Policy becomes
effective constitutes your acceptance of those modifications. If
you do not agree to such a modification, you may request that your
domain name be deleted.
6. Use of Your Information
As part of the registration process, you are required to provide
certain information and to update this information to keep it current,
complete and accurate. This information includes (i) your full name,
postal address, e-mail address, voice telephone number, and fax
number if available; (ii) the name of an authorized person for contact
purposes in the case of a registrant that is an organization, association,
or corporation; (iii) the IP addresses of the primary nameserver
and any secondary nameservers for the domain name; (iv) the corresponding
names of those nameservers; (v) the full name, postal address, e-mail
address, voice telephone number, and fax number if available of
the technical contact for the domain name; (vi) the full name, postal
address, e-mail address, voice telephone number, and fax number
if available of the administrative contact for the domain name;
(vii) the name, postal address, e-mail address, voice telephone
number, and fax number if available of the zone contact for the
domain name; and (viii) any remark concerning the registered domain
name that should appear in the Whois data. You agree and acknowledge
that when you renew your domain name registration, the type of information
you are required to provide may have changed. If you do not wish
to provide the new required information, your registration may not
be renewed. You acknowledge that willfully providing inaccurate
information or willfully failing to update information promptly
will constitute a material breach of this Agreement and will be
a basis for cancellation of your domain name. If you license use
of a domain name to a third party, you are nonetheless the holder
of record of the domain name and are responsible for providing your
own full contact information and for providing and updating accurate
technical, administrative, and zone contact information. You further
agree that your failure to respond for over fifteen (15) calendar
days to inquiries by 247hosts.com concerning the accuracy of contact
details associated with your registration shall constitute a material
breach of this Agreement and will be sufficient basis for cancellation
of your domain name registration. You acknowledge that 247hosts.com
will make some of the information that you provide during the registration
process publicly available as required by ICANN. Additionally, you
acknowledge that ICANN may impose guidelines, limits and/or requirements
that relate to the amount and type of information that 247hosts.com
may or must make available to the public or to private entities. 247hosts.com
will not otherwise disclose your information to any third
party unless it is required to maintain your domain name. You may
request a copy of your information in 247hosts.com's possession to
review, modify or update such information.
7. Use Policies
247hosts.com reserves the right to suspend or cancel your domain name
in the event that you use the domain name to send unsolicited commercial
advertisements in contradiction to either applicable laws or customary
acceptable usage policies of the Internet, or if you use your domain
name in connection with unlawful activity.
8. Agents and Licenses
You agree that, if your domain name is registered on your behalf
by anyone acting as your agent (e.g., an Internet Service Provider,
employee, etc.), you are nonetheless bound as a principal by all
terms and conditions provided herein, including the Dispute Policy.
You agree that if you license the use of your domain name to a third
party, you remain the domain name holder, and remain responsible
for all obligations under this Agreement.
9. Limitation of Liability
YOU AGREE THAT 247hosts.COM WILL NOT BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION
OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS
OR ACCESS INTERRUPTIONS TO 247hosts.COM'S REGISTRATION SYSTEM; (d)
THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND 247hosts.COM;
(e) EVENTS BEYOND 247hosts.COM'S REASONABLE CONTROL; (f) THE PROCESSING
OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE
RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU
OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION
OF THE DISPUTE POLICY. FURTHER, 247hosts.COM WILL NOT BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF 247hosts.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL 247hosts.COM'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU TO 247hosts.COM FOR REGISTRATION OF YOUR DOMAIN NAME DURING
THE PRIOR 3 YEARS UNDER THE TERMS OF THIS AGREEMENT. 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.
10. Indemnification
You agree to defend, indemnify and hold harmless 247hosts.com and any
applicable domain name Registry, including Network Solutions Inc.,and
the directors, officers, employees and agents of each of them, for
any loss, damages or costs, including reasonable attorneys' fees,
resulting from any third party claim, action, or demand related
to your domain name or the use thereof. This indemnification is
in addition to any indemnification required under the Dispute Policy.
11. Representations
and Warranties
You represent and warrant that, to the best of your knowledge and
belief, neither the registration of the domain name nor the manner
in which it is directly or indirectly used infringes the legal rights
of a third party. You further represent and warrant that all information
provided by you in connection with your registration is complete
and accurate. 247hosts.com makes no representations or warranties of
any kind that registration or use of a domain name under this Agreement
will protect you either from challenges to your domain name registration
or from suspension, cancellation or transfer of the domain name
registered to you.
12. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be
remedied by you within 30 days of notice by 247hosts.com. If you fail
to cure the breach, 247hosts.com may suspend, cancel, transfer or modify
your registration of the domain name. You further acknowledge and
agree that your registration of a domain name is subject to suspension,
cancellation or transfer by any ICANN procedure, by any registrar
(including 247hosts.com) or registry administrator procedures approved
by an ICANN-adopted policy, or by any other TLD registry administrator
procedures as the case may be, (a) to correct mistakes by 247hosts.com,
another registrar or the registry administrator in administering
the name or (b) for the resolution of disputes concerning the domain
name. You also agree that 247hosts.com shall have the right in its
sole discretion to suspend, cancel, transfer, or otherwise modify
a domain name registration upon seven (7) calendar days prior written
notice, or at such time as 247hosts.com receives a properly authenticated
order from a court of competent jurisdiction, or arbitration award,
requiring the suspension, cancellation transfer or modification
of the domain name registration.
13. Change in Registrar
NSI policy permits Registrant to change its Registrar for an existing
domain name. You agree that you can change the Registrar only in
accordance with the policy or other policy from time to time provided
by ICANN. The policy provides: (a). Each change of Registrar requires
you to enter into a new two year Registration Agreement and to pay
the appropriate registration fee;(b). You obtains no refund of any
part of the fee paid to existing Registrar.
14. Notices
You agree that any notices required to be given under this Agreement
by 247hosts.com will be deemed to have been given if delivered in accordance
with the contact information you have provided.
15. Severability
You agree that the terms of this Agreement are severable. If any
term or provision is declared invalid or unenforceable, it shall
not affect the remaining terms or provisions, which shall continue
to be binding.
16.Governing Law
This Agreement, your rights and obligations and all actions contemplated
by this Agreement shall be governed by the laws of Canada and the Province
of British Columbia, except as may be set forth
in the Dispute Policy. Except as otherwise set forth in the Dispute
Policy with respect to disputes, any action to enforce this Agreement
or any matter relating to your use of the 247hosts.com site shall be
brought exclusively in the Province of British Columbia of Canada.
17. General
This Agreement, the 247hosts.com fee schedule and the Dispute Policy,
together with all amendments or modifications to any of them, constitute
the complete and exclusive agreement between you and 247hosts.com,
and supersede and govern all prior proposals, agreements, or other
communications. Nothing contained in this Policy shall be construed
as creating any agency, partnership, or other form of joint enterprise
between the parties. The failure of 247hosts.com to require your performance
of any provision hereof shall not affect the full right to require
such performance at any time thereafter; nor shall the waiver by 247hosts.com
of a breach of any provision hereof be taken or held to
be a waiver of the provision itself. In the event that any provision
of this Agreement shall be unenforceable or invalid under any applicable
law or be so held by applicable court decision, such unenforceability
or invalidity shall not render this Agreement unenforceable or invalid
as a whole. 247hosts.com will amend or replace such provision with
one that is valid and enforceable and which achieves, to the extent
possible, the original objectives and intent of 247hosts.com as reflected
in the original provision. No provision of this Agreement, including
the 247hosts.com fee schedule and the Dispute Policy, may not be amended
or modified by you except by means of a written document signed
by 247hosts.com.
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