WebAvenues Domains - Registration Agreement

The following is provided for the convenience of prospective customers; Please note this is not the most up to date agreement. The actual agreement is in your account. Please log into your account to view the up to date, accurate registration agreement. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all of terms and conditions of this Agreement (for .biz, .com, .info, name ,net, and .org domains); the appropriate Agreements for country codes ("ccTLDs") domain registrations; the accompanying appropriate dispute policies, the additional requirements; and any registration rules or policies that are or may be published from time to time by WebAvedDomains.com, the Internet Corporation for Assigned Names and Numbers ("ICANN") and/or any and all of the registry administrators. Submission of your domain registration application constitutes acceptance of all the terms and conditions contained and referenced herein.

1. Our Services:
Your domain registration will be effective upon occurrence of all of the following:

You offer to WebAvenues Domains this Agreement, without modification, for WebAvenues Domains's acceptance;
WebAvenues Domains accepts this Agreement and your domain registration application;
WebAvenues Domains receives payment of the registration, renewal and reinstatement fees as applicable; and
WebAvenues Domains delivers the domain registration information you provide to the registry administrator for the applicable TLDs and the registry administrator puts into effect your domain registration application.

2. Limitation of Liability:
You understand that WebAvenues Domains does not control all aspects of the domain registration process. For example, once you complete a domain application, WebAvenues Domains forwards the information contained in the application to the appropriate Registry Administrator for processing and actual registration of the name. WebAvenues Domains disclaims, and you agree that WebAvenues Domains is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrators. WebAvenues Domains will not be held liable, nor refund a domain name registration due to spelling errors/typos.

4.   Fees:
4.1   Payment of fees as a condition to domain registration. As consideration for the domain registration service provided by WebAvenues Domains, you agree to pay WebAvenues Domains, prior to the effectiveness of the desired domain registration, all registration and other applicable fees as indicated via a valid Credit Card (no checks). Except as provided herein, all fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled or transferred prior to the end of your then-current registration term.

4.2   Reservation of right to modify fees. WebAvenues Domains reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

4.3   Credit card charge-backs for domain registrations. In the event of a charge-back to WebAvenues Domains by your credit card company (or similar action by another payment provider used by us) in connection with the payment of the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to WebAvenues Domains as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. In WebAvenues Domains's sole discretion, it may reinstate your domain registration, subject to WebAvenues Domains's receipt of the registration fee and any reinstatement fees imposed by WebAvenues Domains.

4.4   Credit card charge-backs for non-domain registration services. In the event of a charge-back by a credit card company (or similar action by another payment provider) in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted.

6. Domain parking:
In the domain registration process, you will be asked to provide name servers to associate with the domain being registered. If you do not enter name servers for the domain at that time, the domain will be automatically placed on name servers provided by WebAvenues Domains, and internet users that type in the domain will be redirected to a "coming soon" page (collectively, "parking a domain" or a "parked domain"). There is no charge for parking a domain. The "coming soon" page may contain advertisements and other materials selected by WebAvenues Domains, in WebAvenues Domains's sole discretion. By not designating name servers during the registration process, you hereby consent to and authorize WebAvenues Domains's placement of the "coming soon" page, and its associated contents, on your parked domain. You may change the name server configuration (or "un-park" the domain) after the registration is complete. If you need to register name servers using the domains that you are currently registering, the names will initially be parked with WebAvenues Domains until you modify the name servers after the domain registration is complete, using your account manager.

7.   Registration renewal:
7.1   Renewal obligations. You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. WebAvenues Domains shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.

You may be notified at WebAvenues Domains's sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by such other method as we indicate in the renewal form. If your billing information is not accurate, you are solely responsible for the failure to renew.

7.2   Autorenewal. You agree that if you paid for any services provided hereunder by credit card, you hereby authorize but do NOT obligate, WebAvenues Domains to automatically charge your credit card and renew the applicable service(s) on or before their renewal date using the credit card information you have provided to WebAvenues Domains, unless you notify WebAvenues Domains that you do not wish to participate in WebAvenues Domains's automatic renewal process. Notification of your intent to not renew (opt-out) must be received by WebAvenues Domains no earlier than thirty (30) days prior to renewal date or on renewal date. In the absence of such notification from you, WebAvenues Domains will automatically renew, for a period of one year, any domain that is up for renewal and will charge the credit card you have on file with WebAvenues Domains, at WebAvenues Domains's then current rates. You are solely responsible for the credit card information you provide to WebAvenues Domains and must promptly inform WebAvenues Domains of any changes thereto (e.g., change of expiration date or account number). If the credit card has expired or is otherwise invalid, you are solely responsible for a failure to renew and WebAvenues Domains shall not be liable for your failure. If correct information is not provided prior to the expiration date of the domain, your registration will not be renewed.

8. Dispute resolution policy:
You agree to be bound by the appropriate domain dispute resolution policy ("Dispute Policy") applicable to the domain that you have selected. The Dispute Policy(ies) can be found here. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is a required component of every Agreement. The Dispute Policies are hereby incorporated and made a part of this Agreement by reference. Certain disputes, as specified in the applicable Dispute Policy, are subject to that Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold WebAvenues Domains and Dotster, Inc. harmless pursuant to the terms and conditions contained in the Dispute Policy. The Dispute Policy may be modified at any time by the applicable Registry Administrator(s) and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the SLD name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder's domicile and (2) where Registrar is located.

9.   Change of registrant of domains:
9.1   Transfer of registration. The entity or person named as the "registrant" at the time the controlling user name and password are secured shall be the registrant of the domain. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, WebAvenues Domains reserves the right to enforce any amount published for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of ownership of the domain, the person or entity to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Agreement. Your domain will not be transferred until we receive such written assurances and/or actual payment of the transfer fee, if any is imposed (or reasonable assurance as determined by WebAvenues Domains in its sole discretion). You acknowledge and agree that if you attempt to transfer your domain registration without paying WebAvenues Domains any amount published for the transfer of ownership of a domain, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Agreement, any such transfer will be null and void, and will result in your domain registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain.

9.2   When changing the name of Registrant within WebAvenues Domains, you agree that the domain name may be changed back to the Registrant listed immediately prior to the change upon written (e-mail is acceptable) request within five (5) days (or reasonable time as determined at WebAvenues Domains's discretion) by Registrant that was listed immediately prior to change.

9.3   When transferring a domain name into Dotster, Inc. as the new Registrar of record and simultaneously changing the name of Registrant or subsequently changing the name of Registrant, you agree that the domain name may be re-transferred back to the losing Registrar upon written (e-mail is acceptable) request by Registrant that was listed immediately prior to transfer or upon request by losing Registrar.

9.4   Restrictions on transfer. You agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your initial domain registration with WebAvenues Domains. You agree to provide written authorization (electronic acceptance is acceptable) to WebAvenues Domains for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by WebAvenues Domains to effect the transfer. Your request to transfer to another registrar may be denied in situations described in the Dispute Policy, including, but not limited to; a dispute over the identity of the domain holder; bankruptcy; and default in the payment of any fees.

10. Acceptable Use Policy:
You understand that all information, data, text, software programs, music, sound, photographs, graphics, video, messages or other materials ( collectively "Content"), whether publicly posted on your website or privately transmitted via email or in any other manner, is the sole responsibility of the person from which such Content originated. This means that you, and not WebAvenues Domains or Dotster, Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available. Under no circumstances will WebAvenues Domains or Dotster, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available.

WebAvenues Domains and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via our services. Without limiting the foregoing, WebAvenues Domains and its designees shall have the right to remove any Content that violates this Registration Agreement or is otherwise objectionable. Further, you acknowledge and agree that WebAvenues Domains may preserve Content and may also disclose such Content if required to do so by law or upon the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Registration Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of WebAvenues Domains, its users and the public. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by WebAvenues Domains or submitted to WebAvenues Domains, including without limitation information in Message Boards and all other parts of our services.

You agree to:

a. not upload, post, email, transmit or otherwise make available (collectively, "Transmit") any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. not harm minors in any way;

c. not impersonate any person or entity, including, but not limited to, a WebAvenues Domains official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted;

e. not Transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. not Transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. not Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

h. not Transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j. not interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks;

k. not relay email from a third party's mail servers without the permission of that third party.

l. not use "robots" or otherwise harvesting other's email addresses from the WebAvenues Domains site for purposes of sending unsolicited or unauthorized material.

m. not upload, post, email, or transmit the same message, URL, or post multiple times.

n. not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

o. not "stalk" or otherwise harass another; or

p. not collect or store personal data about other users.

11.   Unsolicited email prohibited; consequences of sending unsolicited email:
11.1   Unsolicited email prohibited. You are strictly prohibited from mass-mailing unwanted email advertisements or solicitations of any type (e.g. SPAM, UCE) (collectively, "Unsolicited Email"). Further, in conjunction with all state and federal laws (which you should be aware of and in compliance with when sending out any mail), WebAvenues Domains prohibits a person from sending out or conspiring with another to initiate the transmission of Unsolicited Email that: (a) uses a third party's internet domain without permission of the third party, (b) misrepresents or obscures any information in identifying the point of origin, IP address, or the transmission path of a commercial electronic mail message; (c) contains false or misleading information in the subject line or inappropriate/adult material (as determined by WebAvenues Domains) in the message body; (d) contains an ineffective opt-out procedure; or (e) uses an e-mail list without knowledge of its source. Any user that is a sender of an email that is in violation of the rules in this agreement and/or any law or regulation is required to indemnify and hold WebAvenues Domains and Dotster, Inc. harmless due to the sender's act or omission in sending the email.

11.2   Right to Disable Account or Domain. If you send Unsolicited Email, WebAvenues Domains reserves the right, in its sole discretion, to immediately disable any domain or user account that allegedly sent such unsolicited email in order to forestall further abuse or damage to email systems. Unsolicited Email sent from other networks that reference email accounts of domains registered by WebAvenues Domains shall be considered to have originated from the account referenced, unless compelling reasons are provided to WebAvenues Domains, such that WebAvenues Domains believes that the Unsolicited Email originated with an unrelated third party.

11.3   Single complaint of Unsolicited Email. If WebAvenues Domains or Dotster, Inc. receives a complaint regarding Unsolicited Email, Dotster, Inc. will reasonably investigate the claim by, among other things, contacting the administrative contact and/or the account owner of the domain at the listed e-mail address. If there is no response within five (5) days of our request, Dotster, Inc. will, in its discretion, take such action as it deems warranted to prevent further sending of Unsolicited Email, including but not limited to suspending and locking the domain. If the domain registrant wishes to reinstate the domain after a 'lock' is in place, it must apply to do so with Dotster, Inc., take such remedial measures as Dotster, Inc. may request, and Dotster, Inc. may unlock the account, in its sole discretion. For those domains approved to be unlocked, an administrative fee and a probationary period may also be imposed at Dotster, Inc.'s discretion.

11.4   Multiple complaints of Unsolicited Email. If WebAvenues Domains or Dotster, Inc. receives two or more complaints for two or more different domains within the same account related to Unsolicited Email, and there is no response to either or both requests for explanation, Dotster, Inc. may suspend and lock the domains in question and lock and disable the domains in the entire account. For those domains within the account that have not received an Unsolicited Email complaint, such domains may be permitted to be transferred to another registrar at the account owner/domain registrant's sole expense. However, the domains that have received Unsolicited Email complaints will remain locked and suspended, at Dotster, Inc.'s discretion.

11.5   Additional Unsolicited Email guidelines. Certain WebAvenues Domains services may have additional Unsolicited Email guidelines explaining appropriate conduct for those services. It is the user's responsibility to read and comply with each service's guidelines for additional details regarding Unsolicited Email.

11.6   Enforcement of Unsolicited Email policy. In addition to the above actions, violations of this Section 11 may result in legal action and/or a fine against you and the termination, without notice, of your account and/or anything associated with it, including, but not limited to, email accounts, posts, home pages, and profiles. Nothing in this policy is intended to grant any right to transmit email to or through WebAvenues Domains or Dotster, Inc. computer systems.

12. Agents and licensing:
You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Agreement, including the Dispute Policy. The name listed as registrant of the domain or the appropriate officer of a listed Organization (at WebAvenues Domains's discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing). Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you remain fully liable for any actions of the licensee using the domain.

13. Representations and warranties:
In the event that, in registering the domain, you are providing information related to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain 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 domain registration is accurate.

14.   Indemnification
14.1   Indemnification of WebAvenues Domains and Dotster, Inc.. You will indemnify, hold harmless, and defend WebAvenues Domains and Dotster, Inc. and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the "Indemnified Parties") from any and all Claims. "Claim" means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), which arises out of: (a) your breach of this Agreement or any of WebAvenues Domains and Dotster, Inc.'s policies applicable to this domain registration or related services, (b) the operation of your domain in any manner inconsistent with this Agreement or any of WebAvenues Domains and Dotster, Inc.'s policies applicable to this domain registration or related services, (c) any negligent act or omission by you, or (d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). "Reasonable attorneys' fees and costs" as used in this Section 14 includes without limitation fees and costs incurred to interpret or enforce this Section 14. WebAvenues Domains and Dotster, Inc. may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. Dotster, Inc. will provide you with reasonably prompt notice of any Claim.

14.2   Indemnification of ICANN and Registry Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, NeuLevel, Inc., NeuStar, Inc.) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees and costs and any other expenses arising out of or related to your domain registration and any disputes regarding same. This indemnification obligation shall survive the termination or expiration of the registration agreement.

15.   Warranty disclaimer; limitation of liability:
15.1   Disclaimer of warranty. EXCEPT FOR THE REPRESENTATION THAT Dotster, Inc. IS AN ICANN-APPROVED DOMAIN REGISTRAR, Dotster, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN REGISTRATION SERVICES. FURTHER, Dotster, Inc. EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF FITNESS FOR AN INTENDED PURPOSE, PROPER WORKMANSHIP, NON-NEGLIGENCE, AND NON-INFRINGEMENT. WITHOUT ANY LIMITATION TO THE FOREGOING, Dotster, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.

15.2   Limitation of liability. YOU AGREE THAT WebAvenues Domains and Dotster, Inc. WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND WebAvenues Domains and Dotster, Inc.'S REASONABLE CONTROL; (G) THE PROCESSING OF THIS APPLICATION; OR (H) APPLICATION OF THE DISPUTE POLICY.

WebAvenues Domains and Dotster, Inc. ALSO 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 WebAvenues Domains or Dotster, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Dotster, Inc.'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE.

SHOULD THIS AGREEMENT OR A DISPUTE POLICY BE AMENDED IN SUCH A MANNER THAT YOU DO NOT ACCEPT OR AGREE TO, YOUR SOLE REMEDY WILL BE TO CANCEL YOUR DOMAIN REGISTRATION OR TO REQUEST FOR DOMAIN TRANSFER.

16.   Term and termination:
16.1   Term. This Agreement is effective as of the "Effective Date." The term of this Agreement is from the Effective Date to the day that this Agreement ends through any of the following means: (a) your domain registration is cancelled; (b) your domain is actually transferred to a third party; or (c) your domain expires or is terminated (in accordance with Section 16.3, below) (collectively, "Termination").

16.2   Domain suspension, cancellation or transfer. You acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, "Cancellation") (a) to correct mistakes by WebAvenues Domains or Dotster, Inc., another registrar, or a Registry Administrator in administering the name or (b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure. You also agree that Dotster, Inc. shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain registration upon up to seven (7) calendar days prior notice and after such time as Dotster, Inc. receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain registration.

16.3   Termination. WebAvenues Domains reserves the right to suspend, cancel, transfer or modify your domain registration if: (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by WebAvenues Domains; (b) you use the domain to send Unsolicited Email, in violation of this Agreement or applicable laws; (c) you use your domain in connection with unlawful activity; or (d) you violate this Agreement.

16.4   Survival. The following provisions will survive Termination or Cancellation of this Agreement: Sections 12, 13, 14, 15, 16, and 17.

17.   Additional terms:
17.1   Modifications to Agreement. ICANN REQUIRES THAT THIS AGREEMENT MUST BE MODIFIED IMMEDIATELY TO REFLECT ANY AND ALL CHANGES REQUIRED BY ICANN. THUS, THIS AGREEMENT MAY BE MODIFIED AT ANY TIME TO REFLECT CHANGES IN ICANN'S POLICIES. Further, except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on Dotster, Inc.'s Web sites, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web sites, including the current version of this Agreement available on our Web sites, 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 United States mail addressed as follows, Attention: Customer Support, 11807 N.E. 99th Street, Suite 1100, Vancouver, Washington, 98682. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, but you will not incur any additional fees. By continuing to use WebAvenues Domains services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes.

We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Web site of a general informational nature.

17.2   Governing law. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. 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 web site (including class actions or individual suits, regardless of whether or not a similar action and/or comparable remedy could be pursued in a foreign state) shall be brought exclusively in the Superior Court in Clark County, Washington, or if there is no jurisdiction in such court, then in the United States District Court for the Western District of Washington in Tacoma.

17.3   Notices. You agree that any notices required to be given under this Agreement by WebAvenues Domains or Dotster, Inc. to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

17.4   Relationship. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

17.5   Waiver. The failure by Dotster, Inc. to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Dotster, Inc. of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

17.6   Severability. 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. Dotster, Inc. 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 Dotster, Inc.. as reflected in the original provision.

17.7   Assignment. This Agreement may be assigned by Dotster, Inc. without your consent. You may not assign this Agreement (and the related domain registration) without the prior consent of Dotster, Inc. and/or without using the Dotster, Inc. domain transfer process in compliance with ICANN's policies.

17.8   Entire agreement. This Agreement, and the attachments and documents referenced herein, including but not limited to the Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and Dotster, Inc., and supersede and govern all prior proposals, agreements, or other communications.

APPENDIX 1.
ADDITIONAL REGISTRY REQUIREMENTS

Listed below are additional contractual requirements that you the registrant must agree to should you desire to register a domain in these registries.

1.   .INFO. Should you seek to registrar a .INFO second level domain, you must agree to be bound by the following terms:

1.1 Registrant consents to the use, copying, distribution, publication, modification, and other processing of Registered Domain Holder's Personal Data by Afilias, the .INFO Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract.

1.2 Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy (UDRP) and comply with the requirements set forth by Afilias for domains registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification.

1.3 Registrant agrees to immediately correct and update the registration information for the Registered Name during registration term for the Registered Name, failure to correct this information shall constitute a breach of this Agreement.

1.4 Registrant acknowledges that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.

1.5 Registrar and Afilias, the registry operator for .INFO, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, 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 any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and Afilias also reserve the right to freeze a domain during resolution of a dispute

2.   .BIZ. Should you seek to registrar a .BIZ second level domain, you must agree to be bound by the following terms:

2.1 BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

a) To exchange goods, services, or property of any kind;

b) In the ordinary course of trade or business; or

c) To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.

Registering a domain solely for the purposes of (1) selling, trading or leasing the domain for compensation, or (2) the unsolicited offering to sell, trade or lease the domain for compensation shall not constitute a "bona fide business or commercial use" of that domain.

2.2 BIZ CERTIFICATION. As a .biz domain registrant, you hereby certify to the best of your knowledge that:

(a) The registered domain will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or

(ii) solely for the purposes of (1) selling, trading or leasing the domain for compensation, or (2) the unsolicited offering to sell, trade or lease the domain for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html

(b) The domain registrant has the authority to enter into the registration agreement; and

(c) The registered domain is reasonably related to the registrant's business or intended commercial purpose at the time of registration.

2.3 PROVISION OF REGISTRATION DATA.

2.3.1 Provision of Registration Data. As part of the registration process, you are required to provide us with 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 nameserver(s) for the domain; (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; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain; and (viii) any remark concerning the registered domain that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement.

2.3.2 Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain concerning the accuracy of contact details associated with any registration(s) or the registration of any domain(s) registered by or through you or your account, shall constitute a breach of this Agreement. 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(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.

2.4 DOMAIN DISPUTE POLICY. If you reserved or registered a .biz domain through us, you agree to be bound by our current domain dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that 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 Uniform Domain Dispute Resolution Policy, available at http://w ww.icann.org/udrp/udrp.htm.

(ii) The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and

(iii) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.

The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP 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 registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain is being used primarily for business or commercial purposes or that a domain is being used in compliance with the SUDRP or UDRP processes.

2.5 DOMAIN 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 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.

2.6 DOMAIN DISPUTES. You agree that, if your use of our domain 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 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 registration services, you agree not to make any changes to your domain record without our prior approval. We may not allow you to make changes to such domain 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 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 registration services, we may deposit control of your domain record into the registry of the judicial body by supplying a party with a registrar certificate from us.

2.7 RESERVATION OF RIGHTS. [Registrar] and the .biz Registry Operator, NeuLevel expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, 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 any dispute resolution process, or to avoid any liability, civil or criminal, on the part of [Registrar] and/or NeuLevel, as well as their affiliates, subsidiaries, officers, directors and employees. [Registrar] and NeuLevel also reserve the right to freeze a domain during resolution of a dispute.

3.   ALL OTHER ccTLDs:
4.1 Eligibility Requirements. You represent and warrant that every registration you are applying for in the cc TLD satisfies the eligibility requirements ("Eligibility Requirements") established the Registry Administrator for that specific country which are located .


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