| 1.
AGREEMENT. In this Service Agreement ("Agreement") "you"
and "your" refer to each customer, "we", us" and "our" refer to 101
Internet & Marketing and Services refers to the services provide by
us. This Agreement explains our obligations to you, and explains your
obligations to us for various Services. By selecting our Services
you have agreed to establish an account with us for such Services.
When you use your account or permit someone else to use it to purchase
or otherwise acquire access to additional Services or to cancel your
Services (even if we were not notified of such authorization), this
Agreement covers such service or actions. By using the Services under
this Agreement, you acknowledge that you have read and agree to be
bound by all terms and conditions of this Agreement and any pertinent
rules or policies that are or may be published by us.
2. SELECTION OF A DOMAIN NAME. We cannot and do
not check to see whether the domain name you select, or the use
you make of the domain name, infringes legal rights of others. We
urge you to investigate to see whether the domain name you select
or its use infringes legal rights of others, and in particular we
suggest you seek advice of competent counsel. You may wish to consider
seeking one or more trademark registrations in connection with your
domain name. You should be aware that there is the possibility we
might be ordered by a court to cancel, modify, or transfer your
domain name. You should 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.
3. FEES, PAYMENT AND TERM. As consideration for
the services you have selected, you agree to pay us the applicable
service(s) fees. All fees payable here under are nonrefundable unless
we provide otherwise. 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 hereby grant
us the right to disclose to third parties such Account Information.
The Registrant, by completing and submitting the Domain Name Registration
Agreement ("Registration Agreement"), represents that the statements
in its application are true and that the registration of the selected
Domain Name, so far as the Registrant is aware, does not interfere
with or infringe upon the rights of any third party. The Registrant
also represents that the Domain Name is not being registered for
any unlawful purpose.
4. 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, Section 20. 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, Section
20. 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 abide by any such revisions or changes. You further
agree that we, in our sole discretion, may modify our Dispute Policy
at any 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.
5. 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.
6. 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 our
current Domain Name Dispute Policy ("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 the Network Solutions
web site. Please take the time to familiarize yourself with such
policy.
7. 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 your domicile,
the courts of the geographic location indicated by your WHOIS information
for your domain name, and the courts of The United States of America.
8. AGENTS. You agree that, if an agent for you
(i.e., an Internet Service Provider, employee, etc.) purchased our
Services on your behalf, you are nonetheless bound as a principal
by all terms and conditions herein, including the Dispute Policy.
9. 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.
10. 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 development or interruption
of your Web site or e-mail service. The registrant agrees that we
will not be liable for any loss of registration and use of registrant's
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 one hundred ($100.00) dollars.
11. 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 attorney's fees, of third parties relating to or arising
under this Agreement, the Services provided here under or your use
of the Services, including without limitation infringement by you,
or someone else using the E-mail 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.
12. 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 or terminate your e-mail account without further
notice. 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.
13. 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.
14. DISCLAIMER OF WARRANTIES. You agree and warrant
that the information that you provide to us to register or reserve
your domain name or register for other Services is, to the best
of your knowledge and belief, accurate and complete, and that any
future changes to this information will be provided to us in a timely
manner according to the modification procedures in place at that
time. 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 disclaims all warranties of any
kind, whether express or implied, including but not limited to the
implied warranties of merchant ability, 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 our e-mail service or that defects in the Services software
will be corrected. You understand and agree that any material and/or
data downloaded or otherwise obtained through the use of the our
e-mail 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 e-mail service or any transactions
entered into through the e-mail service. No advice or information,
whether oral or written, obtained by you from us or through the
e-mail service shall create any warranty not expressly made herein.
Some jurisdictions do not allow the exclusion of certain warranties,
so some of the above exclusions may not apply to you.
15. REVOCATION. You agree that we may delete your
domain name or terminate your right to use other Services if the
information that you provided to register or reserve your domain
name or register for other Services, or subsequently to modify it,
contains false or misleading information, or conceals or omits any
information we would likely consider material to our decision to
register or reserve your domain name. You agree that we may, in
our sole discretion, delete or transfer your domain name at any
time.
16. 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, or to delete your domain
name 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 or reserve, or delete your domain name
or register you for other Services.
17. 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.
18. 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.
19. NON-WAIVER. Our failure to require performance
by the Registrant 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.
20. 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 notice to us to Domain Name Registration or, in the case
of notice to you, at the e-mail address provided by you in your
Affiliate Program application or as updated from time to time. Mail
shall be sent to 101 Internet & Marketing 3120 Verde Ave Carlsbad
CA 92009 and to you at the mailing address provided in your registration
application or as updated from time to time. 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. and otherwise on the next business
day. Any communication sent via regular mail shall be deemed to
have been validly and effectively given 5 business days after the
date of mailing.
21. ENTIRETY. You agree that this Agreement, the
rules and policies published 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.
22. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY
AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE
CANADIAN GOVERNMENT AND THE FEDERAL LAWS OF THE UNITED STATES OF
AMERICA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING
CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT
IN THE PROVINCIAL COURTS LOCATED IN BRITISH COLUMBIA AND YOU IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS.
23. INFANCY. You attest that you are of legal
age to enter into this Agreement.
24. ACCEPTANCE OF AGREEMENT . YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS |
