SiteSires.com Consolidated Terms of Service v1.0 ACCEPTANCE OF TERMS


1.1 These SiteSires.com Consolidated Terms of Service (“TOS”) are between you (“You”, “Your,” or “Merchant”) and SiteSires.com and consists of the most recent versions of the terms and conditions of the TOS

1.2 SiteSires.com reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, including but not limited to any term, applicable fee, policy, or guideline, at any time without notice or acceptance by You, except as provided in Section 4. Regardless of whether SiteSires.com has provided You individual notice, Your continued use of the Service following SiteSires.com notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes to the Terms and ensure that any contact information You provide to SiteSires.com is updated and correct.

1.3 If You are registering a new domain name or using a previously registered domain name in conjunction with the Service, Your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and the appropriate Melbourne IT Domain Name Registration Agreement set forth below, which is an agreement between You and Godaddy, and not with SiteSires.com

1.4 BY COMPLETING THE REGISTRATION PROCESS (“Registration Process”) AND CLICKING THE “I ACCEPT” BUTTON, YOU: (a) agree to be bound by these Terms and, if applicable, the Godaddy Domain Name Registration Agreement; (b) represent and warrant that, if You are an individual, You are 18 years old or older or, if you are an entity, that You are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these Terms; (c) agree to provide true, accurate, current, and complete information in the Service registration form, including billing and payment-related information and other account information (all together, the “Account Information”), and agree to maintain and update this information to keep it true, accurate, current, and complete; (d) agree to be bound by the terms of the ICANN Uniform Domain Name Dispute Resolution Policy located at http://www.icann.org/udrp/udrp.htm as may be amended or relocated from time to time; and (e) represent and warrant that You have the power and authority to enter into and perform under these Terms. If these Terms or any future changes are unacceptable to You, Your sole remedy is to cancel Your Service. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT COMPLETE THE REGISTRATION PROCESS.

2.0 DESCRIPTION OF SERVICE

2.1 The complete list of services (the “Service”) governed by these Terms is as follows:

SiteSires.com Merchant Solutions: Shopp Professional;
SiteSires.com Web Hosting;
SiteSires.com Business Email (“Business Email”): Custom Gmail Business Mail Set-Up;
SiteSires.com Domains: the SiteSires.com Domains product offering;

2.2 If You are a SiteSires.com Merchant Solutions customer, Your Service includes E-Commerce (Store) functionality, Web Hosting, Business Mail, and the SiteSires.com Web Design Platform. Except for Section 12 (Personal Address), these entire Terms apply to You.

2.3 If You are a SiteSires.com Web Hosting customer, Your Service includes Web Hosting, Business Mail, and the SiteSires.com Web Design Platform. Except for Sections 10 & 12 (Merchant Solutions, Personal Address) these entire Terms apply to You.

2.4 Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Service resources, shall be subject to these Terms. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for Your access to and use of the Service and any Software, and for all related fees.

3.0 INTELLECTUAL PROPERTY

3.1 Except for the rights expressly granted herein, this Agreement does not transfer from SiteSires.com to You any SiteSires.com developed, licensed, or owned technology, and all rights, title, and interest in and to such technology will remain solely with SiteSires.com The parties agree that they will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the other party.

3.2 Notwithstanding anything to the contrary in this Agreement, You will not attempt to prohibit or enjoin SiteSires.com at any time from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of SiteSires.com.

3.3 SiteSires.com may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and You expressly authorize SiteSires.com to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to You.

3.4 You will not use SiteSires.com name or any language, pictures, or symbols that could, in SiteSires.com sole judgment, imply SiteSires.com identity in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without SiteSires.com prior written consent. You agree that any and all press releases and other public announcements related to this Agreement and subsequent transactions between SiteSires.com and You, including the method and timing of such announcements, must be approved in advance by SiteSires.com in writing. SiteSires.com reserves the right to withhold approval of any public announcement in its sole discretion. Without limitation, any breach of Your obligation regarding public announcements shall be a material breach of these Terms.

3.5 SiteSires.com product and service names, and all of their related logos are each trademarks of SiteSires.com (the “SiteSires.com Marks”). Without SiteSires.com prior written permission, you agree not to display, or use in any manner, the SiteSires.com Marks.

4.0 PAYMENT

4.1 Payment Terms

Unless modified in accordance with Section 4.6, You will pay all fees due according to the prices and terms applicable to your Services, including option features. All installation or setup fees and non-recurring charges, along with the first year’s or month’s recurring charges, shall be due and payable within ten (10) days of initiation of Service. Thereafter, recurring fees will be charged in advance to Your selected payment method. If Your selected payment method is invalid or You are otherwise past due in your payments for any reason, the Service may be terminated and removed from SiteSires.com servers by SiteSires.com with or without notice, and all the information contained within deleted permanently. SiteSires.com accepts no liability for information or content that is deleted due to an invalid payment method or where Your payments are past due. Reactivation of the Service after termination or cancellation for any reason shall require the payment of additional setup fees. In the event You fail to pay charges, SiteSires.com may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, You agree to reimburse SiteSires.com for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against You or SiteSires.com on the charges and all late payment, interest, or other fees as stated on Your bill. SiteSires.com may modify its billing practices or late payment charges by providing You with prior written notice of the modification. SiteSires.com in its discretion may offer discounts or special offers from time to time.

4.2 Merchant Solutions

If You are a SiteSires.com Merchant Solutions customer, You will be charged, as applicable, (a) a one-time setup fee (unless stated otherwise) which includes 1 year of hosting, and (c) after the first year a recurring monthly maintenance and hosting fee. SiteSires.com will calculate all fees.

4.3 Web Hosting and Business Email

If You are a SiteSires.com Web Hosting and Business Mail customer, You will be charged, as applicable, (a) a one-time setup fee and (b) a recurring Service fee (unless stated otherwise).

4.4 Upgrades and Downgrades.

You can upgrade or downgrade between the plans and products listed in Section 2 above at any time. Such upgrade or downgrade will take effect within 24 hours. You will be automatically charged, via the payment method You provided, any and all fees based upon your upgrade or downgrade.

4.5 Price Changes

SiteSires.com may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges with respect to the Service. Upon renewal, as provided in Section 5.1, the prices charged may be changed without notice to the then prevailing price for the Services.

Current Fee Schedules

For the current fee schedules, go to:

http://sitesires.com/current-pricing/

4.6 Taxes

You shall pay or otherwise be responsible for all federal, state, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (hereinafter “Tax”) imposed on, or with respect to, the Services under this Agreement.

5.0 TERM AND TERMINATION

5.1 Term

The initial term of this Agreement and these Terms will commence on the date that You click the “I AGREE” button to these Terms (or the first date on which you use the Service, whichever comes first) and will remain in effect for the period of time corresponding to the plan You select during the Registration Process (“Initial Term”). If You wish to terminate the Services before or at the end of the Initial Term or any subsequent term to which you have agreed, You must sign in to your account, access the control panel at http://YOUR-DOMAIN.sitesires.com/wp-admin, Click on “Settings” and then click on “Delete Blog” or “Delete Website” and follow the instructions.” Neither U.S. mail nor phone notification shall be acceptable. If You fail to notify SiteSires.com of Your intent not to renew, this Agreement will be automatically renewed every thirty (30) days at the end of the Initial 1 year Term at the SiteSires.com then-current hosting and maintenance rates and charges. If You agree to a Renewal Term, or fail to cancel the services as set forth herein, this Agreement will be renewed at the then-current rates and fees. Except as set forth in these Terms, neither party will be liable to the other for any termination or expiration of any Service or this Agreement in accordance with its Terms.

5.2 Cancellation/Termination by You

You may cancel Your Service and terminate these Terms at any time. If You cancel the Service before the end of the Initial or Renewal Term, Your Service and access to the Service will be discontinued immediately, and no refund will be provided for any payments You have made.

If You registered for a new domain name in conjunction with Your Service, and cancel before You have paid your first recurring monthly payment without disputing such charge with either your payment method company or SiteSires.com, SiteSires.com reserves the right to request the domain name provider to remove the domain name from the domain name registry and/or transfer the domain name from You to SiteSires.com. You acknowledge that where SiteSires.com transfers such domain name to SiteSires.com under this Section 5.2, SiteSires.com will hold all rights of the registered domain name holder in respect of that domain name, including the right to sell the domain name to a third party (where this was a right held by You as the original registrant in respect of the relevant domain name). Additionally, Your domain name will cease working with Your email and no longer point to Your web site. After cancellation and/or expiration of this Agreement, You will no longer have access to Your web site and all information contained therein may be deleted by SiteSires.com

If You did not register for a new domain name in conjunction with the Service, or did register for a new domain name but cancel Your Service after You have paid Your first monthly recurring payment without disputing such charge with either your payment method company or SiteSires.com, Your domain name will remain registered for its current term. However, Your domain name will cease working with Your email and no longer point to Your web site. After cancellation and/or expiration of this Agreement, You will no longer have access to Your web site and all information contained therein may be deleted by SiteSires.com

5.3 Termination by SiteSires.com

SiteSires.com may terminate these Terms at any time upon notice to You. Notwithstanding anything to the contrary herein, SiteSires.com may also, but has no duty to, immediately suspend or terminate Your Service, terminate Your access and password, remove Your Service from SiteSires.com servers, or remove any Content within the Service, if SiteSires.com concludes, in its sole discretion, that You (a) have breached, violated, or acted inconsistently with the letter or spirit of these Terms, including any applicable SiteSires.com Policy or any applicable law or regulation; (b) have provided false information as part of your Account Information; (c) have failed to keep your Account Information complete, true, and accurate; (d) fail to respond to any email communication sent to the email address listed in your Account Information; (e) are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services; or (f) are engaged in activities or sales that may damage the rights or reputation of SiteSires.com or others (each “Termination for Cause”). Any Termination for Cause by SiteSires.com will take effect immediately, and You expressly agree that You will not have any opportunity to cure. If Your SiteSires.com ID is terminated for any reason, these Terms and Your access to the Service will also be terminated. Additionally, if You registered a new domain name in conjunction with Your Service, and SiteSires.com terminates Your Service due to a Termination for Cause, then SiteSires.com reserves the right to request the domain name provider to remove the domain name from the domain name registry and/or transfer the domain name from You to SiteSires.com You acknowledge that where SiteSires.com transfers such domain name to SiteSires.com under this Section 5.3, SiteSires.com will hold all rights of the registered domain name holder in respect of that domain name, including the right to sell the domain name to a third party (where this was a right held by You as the original registrant in respect of the relevant domain name).

5.4   Termination for Cause by Either Party

In addition to any other right to terminate set forth herein, either party may terminate this Agreement if: (i) the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within five (5) days after receipt of written notice from SiteSires.com; (ii) the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or (iii) the other party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of filing.

5.5 Termination – Legal Event

In the event a ruling, regulation, or order issued by a judicial, legislative, or regulatory body causes SiteSires.com to believe that these Terms and/or the Service provided hereunder may be in conflict with such rules, regulations, and/or orders, SiteSires.com may suspend or terminate the Service, or terminate these Terms without liability.

5.6 Deletion of Content

Upon any termination of the Service, SiteSires.com reserves the right to permanently delete from its servers any and all information and content contained in Your account or Service, including but not limited to order processing information, mailing lists, files, email, and any web pages generated by You or the Service. SiteSires.com accepts no liability for such deleted information or content.

5.7 Responsibility for Fees

Should SiteSires.com suspend a portion, but not all, of your Service due to a violation by You of any law, regulation, or policy, You shall remain liable for all fees applicable to the Service as a whole. Should SiteSires.com terminate your Service, You are liable for the payment of all fees applicable to the Service up to the date of termination, in addition to any early termination fees (if any).

5.8 Waiver

You expressly waive any statutory or other legal protection in conflict with the provisions of this Section 5.

6.0 COMMUNICATIONS

As part of the Service, You agree to receive the first of an ongoing series of product update communications related to the Service (“Business Services Product Updates”). Business Services Product Updates may include information about SiteSires.com Merchant Solutions, SiteSires.com Web Hosting, SiteSires.com Business Email and/or SiteSires.com Domain Services, in addition to other related products and services. Upon receipt of this first Business Services Product Update, You will have the opportunity to opt out of future Business Services Product Updates by clicking on unsubscribe links or by following unsubscribe instructions within the communication.

7.0 PRIVACY AND ACCEPTABLE USE

7.1 SiteSires.com Policies

You agree that you have received, read and understand the SiteSires.com Privacy Policy (“SiteSires.com Policies”) and also the Small Business Mail Guidelines http://sitesires.com/mail-guidlines and the Store Guidelines http://sitesires.com/store-guidlines. The SiteSires.com Policies contain restrictions on Your online conduct (including prohibitions against unsolicited commercial email). The current version of the SiteSires.com Policies is posted at the SiteSires.com web site as set forth in Section 1.1. SiteSires.com may change the SiteSires.com Policies upon notice to You, which notice may be provided by posting such new SiteSires.com Policies at the SiteSires.com web site.

As part of Your Registration Process, You agree that some communications are required, such as, by way of example and not limitation, customer service messages regarding Your Service, and updates to the Service. In order to opt out of receiving such communications, You must cancel the Service. You also understand and agree that the Service may include certain communications from http://sitesires.com, such as service announcements and administrative messages, that these communications are considered part of SiteSires.com membership, and that You will not be able to opt out of receiving them.

7.2 Prohibited Uses

In addition to those matters set forth in the SiteSires.com Policies, You shall not post, transmit, retransmit, or store material on or through any of the Services which, in the sole judgment of SiteSires.com (i) is in violation of any local, state, federal, or foreign law or regulation, (ii) is threatening, obscene, indecent, defamatory, or that otherwise could adversely affect any individual, group, or entity (collectively, “Persons”), or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for Your use. You agree that you will NOT knowingly use the Service, among other things, to:

(a) upload, post, email, transmit, or otherwise make available 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) harm minors in any way;

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

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

(e) upload, post, email, transmit, or otherwise make available 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) upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

(g) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

(h) upload, post, email, transmit, or otherwise make available any material 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) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

(j) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy;

(k) 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;

(l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

(m) “stalk” or otherwise harass another;

(n) collect, transmit, or store personal or financial data about any individual or entity, other than in accordance with Section 9.3 herein;

(o) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating “Crush” sites;

(p) use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond SiteSires.com;

(q) have multiple SiteSires.com addresses that are within the same SiteSires.com neighborhood or that have the same theme; or

(r) collect, transmit, or store any type of adult, mature, or sexually explicit content; or

(s) engage in commercial activities through the SiteSires.com service. This includes, but is not limited to, the following activities:

* offering for sale any products or services;

* soliciting for advertisers or sponsors;

* conducting raffles or contests that require any type of entry fee;

* resell, rent, or otherwise receive consideration for placement of any creative material (e.g., no third-party advertising)

* displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services, with the sole exceptions of the Banner Exchange program and the Internet Link Exchange; and

* displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.

You agree to indemnify and hold harmless SiteSires.com from any claims resulting from the use of the Services which damages You or any other party. SiteSires.com reserves the right to investigate You, Your business, and/or Your owners, officers, directors, managers, and other principals, Your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for SiteSires.com benefit, and not for Your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in SiteSires.com sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, or the SiteSires.com Policies, SiteSires.com may immediately shut down the site, and notify You of the action. You agree to waive any cause of action or claim You may have against SiteSires.com for such action.

7.3 Advertising and Promotions

SiteSires.com runs advertisements and promotions within our SiteSires.com Free service and on Dormant Domains. A Dormant Domain is any domain name that uses SiteSires.com name servers and is not being used by You to display Your content. A domain may become dormant by, including without limitation, (i) not setting up the bonus Starter Web Page offered by SiteSires.com Domains, SiteSires.com Custom Mailbox, or SiteSires.com Business Mail upon purchase of any of these products, (ii) not modifying the default “Under Construction” page provided with your SiteSires.com  Pro, SiteSires.com Web Hosting, SiteSires.com Store, or SiteSires.com Merchant Solutions product, (iii) cancellation or expiration of the SiteSires.com Domains service without re-delegating or transferring the domain to another provider, (iv) canceling your Custom Mailbox, Business Mail, Web Hosting, Store, or Merchant Solutions service without re-delegating or transferring the domain to another provider. By using the SiteSires.com  Free service, or allowing Your domain name to become a Dormant Domain, you agree that SiteSires.com has the right to run such advertisements and promotions. In the event you would like SiteSires.com to cease running advertisements and promotions on your Dormant Domain, you may contact SiteSires.com as set forth at http://sitesires.com/contact-us/ . The manner, mode, and extent of advertising by SiteSires.com on your SiteSires.com  Free service or Dormant Domain is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that SiteSires.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

7.4 Abusive User Behavior

SiteSires.com uses certain confidential internal and third-party tools and techniques to protect users from abusive and other harmful behavior on the Internet and on the SiteSires.com servers. SiteSires.com reserves the right to take any action it deems necessary at its sole discretion, including, without limitation, account termination or suspension, to protect against such abusive or harmful behavior. SiteSires.com updates these tools, techniques, and practices from time to time as the abusive practices and industry standards change. You agree that SiteSires.com shall not be responsible or liable for any loss or damage of any sort incurred by You, or any third party, as the result of SiteSires.com taking or not taking any actions in response to any actual or perceived abusive user behavior.

8.0 OWNERSHIP AND SECURITY

You will receive a password from SiteSires.com to provide access to and use of Your Service, and You agree to keep Your password confidential. You are entirely responsible for maintaining the security of Your Service, and You are fully responsible for all activities that occur under Your Service and password and any other actions taken in connection with the registered domain name, including any email accounts or sub-accounts that You create for You or other individuals (“Domain Email Users”). You agree to immediately notify SiteSires.com of any unauthorized uses of the Service or any other breaches of security. SiteSires.com cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will SiteSires.com be liable, in any way, for any acts or omissions of You or any user of Your Service to whom You gave access, including any damages of any kind incurred as a result of such acts or omissions.

9.0 CONTENT AND SOFTWARE: THIS SECTION APPLIES TO SITESIRES.COM MERCHANT SOLUTIONS, SITESIRES.COM WEB HOSTING, SITESIRES.COM BUSINESS EMAIL, AND SITESIRES.COM DOMAINS CUSTOMERS

9.1 Content and Conduct Rules

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, links to other World Wide Web sites or resources, and other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not http://sitesires.com, are entirely responsible for all Content that You upload, post, transmit, or otherwise make available via the Service. The Content must comply with these Terms, including applicable SiteSires.com Policies, and any applicable law or regulation.

9.2 Your Privacy Policy

You agree (a) to post a privacy policy in Your Store that, at a minimum, discloses any and all uses of personal information that You collect from users; (b) to include in Your privacy policy a paragraph provided or approved by SiteSires.com that describes SiteSires.com collection and use of Your customer’s information; (c) to provide a hypertext link to Your privacy policy on the home page of Your Store and on all pages where You collect personal information from users, including but not limited to all checkout pages; and (d) to use personal information only as expressly permitted by Your privacy policy. You agree to indemnify and defend SiteSires.com from and against any and all claims stemming from Your failure to comply with this provision and/or Your failure or refusal to abide by the terms and provisions of any applicable Privacy Policies.

9.3 Provisions for Use and Security of Cardholder Data and Other Personal or Financial Data

For purposes of this Section, the term “Cardholder Data” or “CDI” refers to the number assigned by the card issuer that identifies the cardholder’s account or other cardholder personal information, and “Personally Identifiable Information” or “PII” means any CDI or other personal or financial data relating to any individual or entity.

The provisions set forth in this Section apply to a Merchant that either itself, or through a processor or other agent, stores, processes, handles, or transmits cardholder data or PII in any manner.

A. Merchant shall at all times comply with the Cardholder Information Security Program (“CISP”) requirements for cardholder data that are prescribed in the Visa Operating Regulations or otherwise issued by Visa, as they may be amended from time to time (collectively, the “CISP Requirements”). Copies of current CISP Requirements documentation are available on the Visa.com web site at http://usa.visa.com/business/merchants/cisp_index.html.

B. Merchant acknowledges and agrees that cardholder data may be used only for assisting in completing a card transaction, for fraud control services, for loyalty programs, or as specifically agreed to by Visa or as required by applicable law.

C. In the event of a breach or intrusion of or otherwise unauthorized access to cardholder data stored at or for Merchant, Merchant shall immediately notify the card issuer in the manner required in the CISP Requirements, and provide Visa and the acquiring financial institution and their respective designees access to Merchant’s facilities and all pertinent records to conduct a review of Merchant’s compliance with the CISP Requirements. Merchant shall fully cooperate with any reviews of their facilities and records provided for in this paragraph.

D. Merchant shall maintain appropriate business continuity procedures and systems to ensure security of cardholder data in the event of a disruption, disaster, or failure of Merchant’s or Merchant’s primary data systems.

E. Merchant and its successors and assigns shall comply with the CISP Requirements after termination of this Agreement.

F. Merchant acknowledges and agrees that PII may be used only for assisting in completing an e-commerce transaction, including fraud control services associated with said e-commerce transaction, subject to applicable law.

9.4 Content Ownership

SiteSires.com does not claim ownership of the Content You place on Your Service. By submitting Content to SiteSires.com for inclusion on Your Service, You grant SiteSires.com and its successors and assignees, the worldwide, royalty-free, and nonexclusive license under Your copyrights and other intellectual property rights, if any, in all material and content displayed in Your web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media and display in any manner and on any SiteSires.com property the results of search queries and comparisons conducted on http://sitesires.com, including, without limitation, searches conducted on SiteSires.com Shopping and the Service. You also grant SiteSires.com the right to maintain such content on SiteSires.com servers during the term of these Terms and to authorize the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license exists only for as long as You continue to be a Service customer and terminates when Your Service is terminated.

You acknowledge that SiteSires.com does not prescreen Content, but that SiteSires.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, SiteSires.com and its designees shall have the right to remove any Content that violates these Terms, including any applicable SiteSires.com Policies, is illegal, or is otherwise objectionable as determined in SiteSires.com sole discretion. 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.

9.5 SiteSires.com Proprietary Rights and Software

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content available from SiteSires.com for the Service, or contained in sponsor advertisements or information presented to You through the Service or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by SiteSires.com or advertisers, You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the such Content, the Service, or the Software, in whole or in part.

SiteSires.com grants to You a personal, nontransferable and nonexclusive right and license to use the object code of its Software only on a server controlled by SiteSires.com for the sole purpose of using the Service; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided or authorized by SiteSires.com for use in accessing the Service.

You may not use web pages or parts of web pages generated by means of the Software, other than Content that originates from and is proprietary to You, on any server other than the servers controlled by SiteSires.com without SiteSires.com express written agreement. You also acknowledge and agree that the Software is intended for access and use by means of web browsing software, and that SiteSires.com does not commit to support any particular browsing platform. SiteSires.com reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to You. If any revision or modification to the Software materially changes Your ability to conduct business, Your sole remedy is to cancel Your Service.

With respect to any elective, additional software that may be made available by SiteSires.com in connection with the Service, if You elect to download or access such additional software, You understand that You may have to agree to additional terms and conditions before You use such software.

9.6 SiteSires.com Web Hosting Function

You acknowledge that the Web Hosting service is offered as a platform to host and serve web pages and web sites and is not offered for other purposes, such as remote disk space storage. Accordingly, You understand and agree to use the web hosting service solely for the purpose of hosting and serving web pages as viewed through a web browser and the Hypertext Markup Language (HTML) protocol or other equivalent technology. SiteSires.com Web Hosting is designed to serve the web hosting needs of small, independently owned and operated businesses in the United States. It is not intended to support the greater web hosting needs of large enterprises or internationally based businesses. SiteSires.com Web Hosting is also a shared web hosting service, which means a number of customers’ web sites are hosted from the same server. To ensure that SiteSires.com Web Hosting is reliable and available for the greatest number of users, a customer’s web site usage cannot adversely affect the performance of other customers’ sites. Additionally, the purpose of SiteSires.com Web Hosting is to host web sites, not store data. Using an account primarily as an online storage space for archiving electronic files is prohibited. You further agree that if, at SiteSires.com sole discretion, You are deemed to have violated this section, SiteSires.com may suspend or terminate Your account without notice to You and with no liability to http://sitesires.com.

10.0 SITESIRES.COMMERCHANT SOLUTIONS: THIS SECTION APPLIES ONLY TO SITESIRES.COM MERCHANT SOLUTIONS CUSTOMERS

10.1 E-Commerce (Store)

With SiteSires.com Merchant Solutions, You can use the Service to facilitate the creation and maintenance of an interactive online store (“Store”) for the sale of goods and services. You acknowledge and agree that You will be solely responsible for all goods and services offered at and sold through Your Store, all materials used or displayed at the Store, and all acts or omissions that occur at the Store or in connection with Your account or password. Certain Stores may be subject to additional requirements. You agree that Your use of the Service and Your Store will be in compliance with the Store Guidelines located at http://sitesires.com/store-guidlines and any applicable laws and regulations at all times. You agree to display in Your Store Your contact information, including but not limited to Your company name, address, telephone number, fax number, and email address. You also agree to update such information to keep it true, accurate, current, and complete.

10.2 Representations and Warranties

You represent and warrant that You have full power and authority under all relevant laws and regulations: (a) to offer and sell the goods and services offered at the Store, including, but not limited to, holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered at the Store; (b) to copy and display the materials used or displayed at the Store; and (c) to provide for credit card payment and delivery of goods or services as specified at the Store.

10.3 Suspension or Termination of Store

In addition to that right set forth in Sections 5.3 & 5.4, SiteSires.com reserves the right to terminate Your Service, or refuse to host or continue to host any Store which it believes, in its sole discretion: (a) has caused a significant number of complaints for failing to be reasonably accessible to customers or timely fulfill customer orders; or (b) has become the subject of a government complaint or investigation. Additionally, SiteSires.com reserves the right to review and remove any Store at any time for non-compliance with these Terms.

10.4 Merchant Information

SiteSires.com maintains information about You and the Store on SiteSires.com servers, including, but not limited to, Your Account Information, Your customer order information, sales information, and clickstream data (“Merchant Information”). You grant to SiteSires.com a non-exclusive, worldwide, royalty-free, perpetual license to use Merchant Information in aggregate form (i.e., in a form that is not individually attributable to You) for research, marketing and other promotional purposes. You agree that SiteSires.com may disclose Merchant Information in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce these Terms; (d) to respond to claims that You or the Store is engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of SiteSires.com or others; provided, however, that nothing in this Section shall impose a duty on SiteSires.com to make any such disclosures.

10.5 Deletion of Merchant Information

You agree that SiteSires.com may delete customer credit card information from SiteSires.com servers 14 days after You retrieve such information, and may delete all other Merchant Information from SiteSires.com servers at the end of each calendar year.

10.6 Technical Access

You acknowledge and agree that technical processing of Merchant Information is and may be required: (a) for the Service to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements. You also acknowledge and agree that SiteSires.com may access Your account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.

10.7 Sale and Assignment of Stores

Notwithstanding Section 17 below, You are permitted to sell Your Store to a third party, provided that all of the following occur: (a) You assign, in accordance with Section 25 below, all rights and obligations under these Terms to such third party receiving the Store, (b) You give prior written notice to http://sitesires.com, (c) You provide to SiteSires.com evidence that such third party has agreed to these Terms as a permitted assignee, and (d) such third-party assignee has provided SiteSires.com with all information requested by http://sitesires.com, and such information is complete and accurate. Should You attempt to sell a Store or assign these Terms in violation of this Section 10.8, such attempt will be null and void, and You will remain responsible for all obligations and liabilities under these Terms, Your Store, and the Service.

11.0 SITESIRES.COM BUSINESS EMAIL: THIS SECTION DOES NOT APPLY TO SITESIRES.COM DOMAINS CUSTOMERS. SEE SECTION 12 BELOW.

11.1 Service Description

SiteSires.com Business Email allows You to register a domain name and to create web-based or POP email accounts for the purpose of sending and receiving email at the domain name registered by You. If you have a Business Email product, other than Custom Mailbox, You can create email subaccounts for Domain Email Users so that they may send and receive email with selected email addresses. You expressly agree that any violation of these Terms may result in termination of any and all email accounts, as determined in SiteSires.com sole discretion. SiteSires.com expressly assumes no liability for any losses incurred due to Domain Email User activities.

11.2 Domain Email Users

If You are a Domain Email User, You agree that Your use of Your email subaccount is also subject to these Terms http://sitesires.com/mail-guidlines, and that Your violation of these Terms may result in termination of Your subaccount, or the entire Service, as determined in SiteSires.com sole discretion.
SiteSires.com expressly assumes no liability for any losses incurred by You due to Domain Email User activities. Information residing in a Domain Email User’s PIM belongs to the Domain Email User. Information residing in the separate Business Email account belongs to You. You may edit preferences, settings, add or delete email addresses, read or send email, monitor Domain Email User behavior, and control access to certain areas on the Business Email account.

12.0 Deleted, Please continue at 13.0

13.0 SITESIRES.COM DOMAINS

For SiteSires.com Domains, the Service includes assisting You in acquiring or moving a domain name (i.e. web address) as well as providing you access to certain SiteSires.com software to facilitate your use of the Service.

PLEASE NOTE: WITH RESPECT TO SITESIRES.COM DOMAINS, NOTHING IN THE AGREEMENT OBLIGATES SITESIRES.COM TO LIST OR LINK TO YOUR DOMAIN NAME OR PROVIDE WEB SITE HOSTING SERVICES IN CONNECTION WITH YOUR DOMAIN NAME BEYOND THAT PROVIDED WITHIN THE SERVICE.

13.2 If You register a new domain name in conjunction with any Service, the following terms also apply:

(a) SiteSires.com has chosen Godaddy an ICANN accredited registrar, for .com, .net, .org, .biz, .info, and .us domain names, to provide domain name registration services. You hereby authorize SiteSires.com to acquire Your selected domain name from Godaddy. In order to receive a domain name, You must agree to Godaddy’s terms and conditions, which is at the bottom of these Terms and also located at http://www.godaddy.com/gdshop/agreements.asp?ci=8924 for .com, .net, .org, .biz, and .info domain names and http://www.godaddy.com/gdshop/agreements.asp?ci=8924 for .us domain names, as may be amended. You understand that You are creating a separate contractual relationship between You and Godaddy, and that You, and not http://sitesires.com, are responsible for all fees, liability, and obligations in connection with that relationship. Until the Service is canceled or otherwise terminated, SiteSires.com will bill you the appropriate and up to date domain registration/renewal fees as part of the Service. You agree that Your obligations to indemnify under “Indemnity” in these Terms includes any claim or demand associated with Your domain name, any domain name pre-registration services provided through the Service, or the Godaddy terms and conditions.

(b) You will be listed as the registrant and administrative contact in connection with Your domain name, unless You choose another registrant and administrative contact. If You choose a registrant and administrative contact other than Yourself, such person(s) must enter into an agreement directly with the Godaddy and, additionally, will be bound by this Agreement in addition to You. You hereby authorize SiteSires.com to list SiteSires.com as the billing contact, technical contact, and name server in connection with Your domain name and to take any actions SiteSires.com deems appropriate in those capacities. However, upon termination of the Service, SiteSires.com may immediately cease acting in those capacities and reserves the right to transfer Your account to Godaddy for collection of past-due amounts. In the event of such transfer, You authorize Godaddy to serve as the billing contact, technical contact, and name server in connection with Your domain name, and to take any actions the Godaddy deems appropriate in those capacities. Upon termination of the Service, SiteSires.com will not be responsible for forwarding any notices, emails, or other correspondence to You or taking any other actions in connection with Your domain name. You will be solely responsible for all ongoing fees, as well as removing SiteSires.com as the billing, technical contact, and name servers in connection with Your domain name, unless SiteSires.com notifies You otherwise.

(c) You acknowledge that SiteSires.com cannot guarantee the availability of the domain name you select for your use until SiteSires.com receives confirmation of its order from Godaddy, which may take several business days.

13.3 Using a Preexisting Domain Name

If You have previously registered a domain name with another provider and want to use it with the Service, You must request that the existing registrar change the name servers for the domain name as designated by http://sitesires.com, on Your behalf.

PLEASE NOTE: THE EXISTING REGISTRAR WILL CONTINUE TO BE THE REGISTRAR FOR THAT DOMAIN, AND YOU WILL CONTINUE TO BE RESPONSIBLE FOR ALL ONGOING FEES FOR THAT DOMAIN NAME WITH YOUR EXISTING PROVIDER, INCLUDING RENEWAL FEES. THE FEES PAYABLE TO SITESIRES.COM FOR THE SERVICE DO NOT INCLUDE REGISTRATION OR RENEWAL FEES OWED BY YOU TO YOUR EXISTING PROVIDER.

13.4 Transferring to SiteSires.com Registrar of Record

Godaddy is SiteSires.com current registrar of record. If SiteSires.com switches to another registrar of record, SiteSires.com may at any time request in writing that You transfer the domain name registered for the Service to the new registrar of record. If You do not agree to this request within 30 days, You agree that SiteSires.com will continue to provide the Service to You, but may, in its sole discretion, either:

(a) require You to pay an additional fee to SiteSires.com for the Service in order to renew and maintain Your domain name with the prior registrar of record; or

(b) require You to be responsible for all fees, including any renewal fees, directly with the prior registrar of record, in which case You authorize SiteSires.com to cease to pay for the domain name fees as part of the Service, and change the billing contact details for the domain name from SiteSires.com to You by providing Your applicable Account Information to the prior registrar of record.

13.5 Verifying Your Domain Name Information

In compliance with ICANN regulation and the Godaddy Terms and Conditions or the Godaddy .us Terms and Conditions, as applicable (“Required Information”), and in order to minimize the risk of fraud, SiteSires.com may at any time request You to verify any information required to be supplied by a registrant. If You fail to respond to any such request or fail to verify any Required Information to SiteSires.com reasonable satisfaction, within 15 days of any such request from http://sitesires.com, SiteSires.com may, in its sole discretion, immediately terminate Your Service and remove any of Your materials, including Your domain name, from SiteSires.com servers.

13.6 If You choose to register a domain name using the Private Domain Registration feature of the Service, which will substitute certain information relating to the registration of the Domain Name, such as the name, postal address, email address, telephone number, and fax number of the administrative contact, technical contact, and billing contact, and where applicable, the postal address, telephone number, and fax number of the registrant contact (“Contact Details”), but not the organization name, the following terms also apply:

(a) SiteSires.com has chosen  “Godaddy,” an ICANN accredited registrar, to provide the Private Domain Registration features of the Service. With respect to all matters concerning the Private Domain Registration feature of the Service, you agree with all of the terms and conditions of the End User Agreement between you and Godaddy, which are located at the following link: http://www.godaddy.com/gdshop/agreements.asp?ci=8924 .

(b) You agree to keep all information provided to SiteSires.com and Godaddy complete, true, and accurate at all times.

(c) You understand that your billing and contact information must be complete, true, and accurate at all times.

(d) You will not use or attempt to use the service to avoid any legal obligations, including without limitation any requirements to register Yourself or any entity with the appropriate governmental organizations, or to avoid, resist, or make more difficult the service of legal process on You, or any legal entity.

(e) You will respond in a timely manner to any communications from http://sitesires.com, Godaddy and any communications from a third party forwarded to You by Godaddy.

(f) YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT ANY CANCELLATION, FAILURE TO RENEW, TERMINATION, OR DESELECTION OF PRIVATE DOMAIN REGISTRATION FEATURES BY EITHER YOU OR SITESIRES.COM WILL RESULT IN PUBLICATION OF THE REGISTRATION INFORMATION OF THE ASSOCIATED DOMAIN(S) IN THE PUBLIC WHOIS DATABASE AND MADE PUBLICLY AVAILABLE.

(g) NOTWITHSTANDING THE PRIVATE DOMAIN REGISTRATION FEATURE OF THE SERVICE, YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT SITESIRES.COM AND/OR Godaddy MAY DISCLOSE THE CONTACT DETAILS REGARDING THE RELEVANT DOMAIN NAME WITHOUT ANY LIABILITY TO YOU, IF SITESIRES.COM OR Godaddy CONSIDERS, IN THEIR SOLE DISCRETION, THAT DISCLOSURE IS NECESSARY OR DESIRABLE TO COMPLY WITH THE REQUIREMENTS OR DIRECTIONS OF ANY GOVERNMENT AGENCY, OR REGISTRY, ANY APPLICABLE LAW, REGULATION OR RULE, SUBPOENA, COURT ORDER, OR ENFORCEMENT AGENCY REQUEST; OR IF ANY THIRD PARTY INSTITUTES PROCEEDINGS AGAINST SITESIRES.COM OR Godaddy, OR THREATENS TO TAKE PROCEEDINGS AGAINST EITHER SITESIRES.COM OR Godaddy, DIRECTLY OR INDIRECTLY, WITH RESPECT TO THE RELEVANT DOMAIN NAME.

14.0 COMPLIANCE

14.1 You represent and warrant that You are not a resident of any country or affiliated with any organization prohibited to do business within the United States as defined and set forth at: http://www.export.gov and http://www.treas.gov/ofac. You further represent and warrant that You will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations that may be imposed by the U.S. government and any country or organization of nations within whose jurisdiction You operate or do business. You agree to comply with all applicable U.S. and non-U.S. laws, rules, regulations and orders, including, but not limited to, tax, export and import, embargo and trade sanctions, intellectual property, including copyright, content, sales, mail-order, commerce, and e-commerce laws and regulations. You shall be responsible for determining what laws or regulations are applicable to Your use of the Services. You shall, upon the request of http://sitesires.com, provide SiteSires.com assurance of Your compliance with those laws. You acknowledge that SiteSires.com exercises no control whatsoever over the content of the information passing through Your site(s) and that it is Your sole responsibility to ensure that the information You and Your users transmit and receive complies with all applicable laws and regulations and the SiteSires.com Policies.

14.2 You are responsible for charging and collecting from Your end-user customers any and all applicable taxes. If You fail to impose and/or collect any tax from end users or Your other retail customers as required herein, then, as between SiteSires.com and You, You shall remain liable for such uncollected tax and any interest and penalty assessed thereon with respect to the uncollected tax by the applicable taxing authority. With respect to any tax that You have agreed to pay or impose on and/or collect from end users or Your other retail customers, You agree to indemnify and hold harmless SiteSires.com for any costs incurred as a result of actions taken by the applicable taxing authority to collect the tax from SiteSires.com due to Your failure to pay or collect and remit such tax to such authority.

15.0 SUPPORT

SiteSires.com reserves the right to establish limitations on the extent of any support provided for the Service, and the hours at which it is available.

16.0 INDEMNITY

You agree to indemnify and hold harmless http://sitesires.com, and its parents, subsidiaries, affiliates, cobranders or other partners, officers, directors, shareholders, employees, and agents, from any claim, demand, or investigation, including reasonable attorneys fees, made by any third party due to or arising out of Your Content, Your conduct, Your use of the Service, the goods or services offered or sold through Your Service, any alleged violation of these Terms, including any applicable SiteSires.com Policies, law, or regulation, or any alleged violation of any rights of another, including but not limited to Your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Your Service. SiteSires.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, but doing so shall not excuse Your indemnity obligations.

17.0 RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of SiteSires.com

18.0 GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that SiteSires.com may establish general practices and limits concerning use of the Service.

19.0 MODIFICATIONS TO AND DISCONTINUATION OF SERVICE

SiteSires.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SiteSires.com shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Service.

20.0 DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) THE SERVICE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SITESIRES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

(b) YOUR USE OF THE SERVICE, THE SOFTWARE, AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

(c) THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS.

(d) NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT(i) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

(f) SITESIRES.COM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

21.0 LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SITESIRES.COM AND ITS AFFILIATES, COBRANDERS, OR OTHER PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS,SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SITESIRES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICE OR THE SOFTWARE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (vi) ANY GOOD OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE.

SITESIRES.COM’S LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO SITESIRES.COM OVER THE COURSE OF THE EXISTING TERM. YOU ACKNOWLEDGE THAT SITESIRES.COM HAS SET ITS PRICES IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

22.0 NOTICE

Notices under these Terms shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to http://sitesires.com, such notices shall be addressed to 325 West Park Avenue, Kellogg Idaho, 83837, USA. If to You, such notices shall be addressed to the electronic or mailing address specified when You opened Your account, or such other address as either party may give the other by notice as provided above. SiteSires.com may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to You generally on the Service.

23.0 CHOICE OF LAW AND FORUM (LOCATION OF LAWSUIT)

These Terms and the relationship between You and SiteSires.com shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions, and specifically excluding from application to these Terms that law known as the United Nations Convention on the International Sale of Goods. You and SiteSires.com agree to submit to the personal jurisdiction of the courts located within the county of Shoahone, Idaho. The failure of SiteSires.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

24.0 FORCE MAJEURE

Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of terrorists, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet (not resulting from the actions or inactions of http://sitesires.com), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If SiteSires.com is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, You may cancel the Service(s), but there shall be no liability on the part of SiteSires.com

25.0 ASSIGNMENT

Except as expressly set forth herein, You may not assign Your rights or delegate Your duties under this Agreement either in whole or in part without the prior written consent of http://sitesires.com, and any attempted assignment or delegation without such consent will be void. SiteSires.com may assign this Agreement in whole or part. SiteSires.com also may delegate the performance of Services to third parties, including SiteSires.com affiliates. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns.

26.0 RELATIONSHIP OF PARTIES

This Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between SiteSires.com and You. Neither SiteSires.com nor You will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.

27.0 NO THIRD-PARTY BENEFICIARIES

SiteSires.com and You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or Your customers.

28.0 COPYRIGHTS AND COPYRIGHT AGENTS

SiteSires.com respects the intellectual property of others, and we ask that You do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent for notice the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual-property interest;

(b) a description of the copyrighted work or other intellectual property that You claim has been infringed;

(c) a description of where the material that You claim is infringing is located on the site;

(d) Your address, telephone number, and email address;

(e) a statement by You that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by You, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual-property owner or authorized to act on the copyright or intellectual-property owner’s behalf.

The Copyright Agent for notice of claims of copyright or other intellectual-property infringement can be reached as follows:

By mail:

Copyright Agent
c/o SiteSires.com Inc.
325 West Avenue
Kellogg, ID 83837
By phone: (208) 795-7049
By email: copyright@sitesires.com

29.0 INTEGRATION AND SEVERABILITY

These Terms constitute the entire agreement between You and SiteSires.com and govern Your use of the Service, superceding any prior agreements between You and SiteSires.com (including, but not limited to, any prior versions of these Terms) pertaining to this Service. You also may be subject to additional terms and conditions that may apply when You use affiliate or other SiteSires.com services, third-party content, or third-party software. If any provision of these Terms or incorporated documents is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.

30.0 SURVIVAL

The provisions of Sections 3, 4, 5.6, 5.7, 5.8, 7, 8, 9, 10.1, 10.2, 10.4, 10.5, 10.7, 10.8, and 11 through this Section 30 will survive any termination or expiration of these Terms.

Revision 39258

Go Daddy Domain Name Registration Agreement This Domain Name Registration Agreement (“Agreement”) is by and between GoDaddy.com, Inc. a/an Arizona corporation or in the event of a .ca domain name, by and between Go Daddy Domains Canada, Inc., a Canadian corporation, collectively (“Go Daddy”) and You, Your heirs, agents, successors and assigns (“You”), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Go Daddy’s Domain Name Registration and represents the entire agreement between You and Go Daddy. By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, including our dispute policy and the ICANN Transfer Dispute Resolution Policy along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which Go Daddy may establish from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You’ve established with Go Daddy, whether or not the transactions were in Your behalf. You acknowledge that Go Daddy’s acceptance of any application made by You for services provided by Go Daddy will take place at the Internet Corporation for Assigned Names and Numbers (“ICANN”) accredited registrar’s offices located in Scottsdale, Arizona, USA.

You acknowledge that Go Daddy is a registrar bound by an agreement between Go Daddy and ICANN. You agree that Go Daddy may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by Go Daddy .


1. fees
In consideration for the services and products (“service”) purchased by You and provided to You by Go Daddy, You agree to pay Go Daddy at the time service is provided. Payment is to be made by You by providing one of the following: a valid credit card, an online check, PayPal, GoDaddy Gift Card, “Good As Gold” (collectively, the “Payment Method”). Personal checks and money orders must be for payments of $100 or more, and issued in U.S. dollars for the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. You understand that ICANN requires Go Daddy to collect a small registration fee when You purchase Your domain name registration. You agree to pay such fees. Payments are non-refundable. If for any reason Go Daddy is unable to charge Your Payment Method for the full amount owed Go Daddy for the service provided, or if Go Daddy is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Go Daddy may pursue all available remedies in order to obtain payment. You agree that among the remedies Go Daddy may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names registered or renewed on Your behalf. Go Daddy reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Manager and selecting Credit Card and Payment Information.

Domain Name Renewals

When You register a domain name, automatic renewal is the default setting, which You must deactivate if You do not want Your domain name(s) to be automatically renewed. Unless You disable the automatic renewal option, Go Daddy will automatically renew, for a period equivalent to the length of Your original registration, any domain name that is up for renewal and will take payment from the Payment Method You have on file with Go Daddy, at Go Daddy’s then current rates. Thus, if you have chosen to register your domain name for one year, Go Daddy will automatically renew it for one year. If You have chosen to register Your domain name for two years, Go Daddy will automatically renew it for two years, and so on. Domain name renewals will be non refundable. If for any reason Go Daddy is not able to take the payment from the Payment Method You have on file, and You fail to respond to our notices, Your domain name registration will expire. It is Your responsibility to keep Your Payment Method information current, which includes the expiration date if you are using a credit card. If You do not elect that the domain name be automatically renewed, You have the responsibility of logging into the Domain Manager portion of your Account Manager for that domain name and manually implementing the renewal by the expiration date (should You in fact want the domain name to be renewed). In this case, if You fail to manually implement the renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that name. You agree that Go Daddy will not be responsible for cancelled domain names that You fail to renew, either automatically or manually. In any case, if You fail to renew Your domain name in a timely fashion, additional charges may apply. If You signed up for domain masking, domain forwarding, or any other similar service, with Your domain registration, these services will be automatically renewed when Your domain registration is up for renewal, and You will incur the applicable additional renewal fee unless You cancel in advance.

If You fail to renew Your domain name, You agree that Go Daddy may, at its sole discretion, renew Your expired domain name on Your behalf. If Go Daddy decides to renew Your expired domain name on Your behalf, You will have a Renewal Grace Period during which You may reimburse Go Daddy for the renewal and keep Your domain name. The Renewal Grace Period is currently 12 days but subject to change under the terms of Section 2 of this Agreement. If You do not reimburse Go Daddy for the renewal during the Renewal Grace Period Your domain name will be placed on Hold and flagged for deletion after which You will have a 30 day redemption period during which You may pay Go Daddy a Redemption fee and redeem Your domain name. The Redemption fee is currently $80 USD and is subject to change under the terms of Section 2 of this agreement. If You do not redeem Your domain name prior to the end of the 30 day redemption period Go Daddy may, at its sole discretion, delete Your domain name or transfer it to another registrant on Your behalf.

If Your domain is deleted, the Registry also provides a 30 day Redemption Grace Period during which You may pay Go Daddy a redemption fee and redeem Your domain name. The redemption fee is currently $80 USD and is subject to change under the terms of Section 2 of this agreement. If You do not redeem Your domain name prior to the end of the Registry�s Redemption Grace Period the Registry will release Your name and it will become available for registration on a first-come-first-served basis.

Renewal Grace Periods and Redemption Grace Periods vary for different ccTLDs. Please refer to the specific terms for the applicable TLD. In the event of a conflict between this paragraph and the ccTLD terms, the ccTLD terms shall control.


2. term of agreement; modifications
The term of this Agreement shall continue in full force and effect as long as You have any domain name registered through Go Daddy. You agree that You will not transfer any domain name registered through Go Daddy to another domain name registrar during the first sixty (60) days from its initial registration date. You further agree that Go Daddy may charge You a small fee if You cancel Your domain within the five (5) day grace period after registering Your domain with Go Daddy and Go Daddy refunds the price of Your domain. Go Daddy will not charge You a fee if Go Daddy cancels Your domain name during this period because of fraud. Provided, however, the five (5) day grace period does not apply to Premium Domains, which are non-refundable.

You agree that Go Daddy may modify this Agreement from time to time. Go Daddy may also discontinue services it provides under this Agreement. You agree to be bound by any changes Go Daddy may reasonably make to this Agreement when such changes become effective. Should You elect to cancel Your Agreement with Go Daddy You will not receive a refund for any fees You may have paid to Go Daddy.

You agree that Go Daddy shall not be bound by any representations made by third parties who You may use to purchase services from Go Daddy, and that any statements of a general nature, which may be posted on Go Daddy’s web site or be contained in Go Daddy’s promotional materials, will not bind Go Daddy.


3. up to date information; use of information and expiration
You agree to notify Go Daddy within five (5) business days when any of the information You provided as part of the application and/or registration process changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide Go Daddy with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Go Daddy to determine the validity of information provided by You, shall also be considered to be a material breach of this Agreement. You agree to retain a copy for Your record of the receipt for purchase of Your domain name.

You agree that for each domain name registered by You, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the registered name holder and, if different from the registered name holder, the same contact information for, a technical contact, an administrative contact and a billing contact.

You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. Both Go Daddy and the registry operator may be required to archive this information with a third party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, You represent and warrant that, if You are providing information about a third party, You have notified the third party of the disclosure and the purpose for the disclosure and You have obtained the third party’s consent to such disclosure.

You agree that for each domain name registered by You the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:

  • The domain name
  • Your name and postal address
  • The email address, postal address, voice and fax numbers for technical and administrative contacts
  • The Internet protocol numbers for the primary and secondary name servers
  • The corresponding names of the name servers; and
  • The original date of registration and expiration date

You agree that, to the extent permitted by ICANN, Go Daddy may make use of the publicly available information You provided during the registration process. If You engage in the reselling of domain names You agree to provide any individuals whose personal information You’ve obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

In order for us to comply with any current or future rules and policies for domain name systems including any rules or policies established by the CIRA or any provincial or federal government or by other organization having control or authority to establish rules or policies, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following information that you are required to provide when applying for a domain name: i. the domain or sub-domain name(s) registered by you; ii. your organization name, type and postal address; iii. the name(s), position(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain or sub-domain name(s); iv. the full hostnames and Internet protocol (IP) addresses of at least two nameserver hosts (one primary and at least one secondary) for your domain or subdomain. Up to six (6) nameservers may be specified. If a host has more than one IP address, use a comma-separated list; v. the corresponding names of those nameservers; vi. the original creation date of the registration; and vii. the expiration date of the registration. We may be required to make this information available in bulk form to third parties. We may also transfer or assign this information to CIRA or such other third party as we may decide, in our sole discretion.


4. dispute resolution policy
You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this Agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that Go Daddy may from time to time modify its Dispute Resolution Policy. Go Daddy will post any changes to its Dispute Resolution Policy at least thirty (30) days before they become effective. You agree that by maintaining Your domain name registrations with Go Daddy after the updated policy becomes effective that You agree to the Dispute Resolution policy as amended. You agree to review Go Daddy’s web site periodically to determine if changes have been made to the Dispute Resolution Policy. If You cancel Your Agreement with Go Daddy as a result of the modified Dispute Resolution policy no fees will be refunded to You.

You agree that if a dispute arises as a result of one or more domain names You have registered using Go Daddy, You will indemnify, defend and hold Go Daddy harmless as provided for in this agreement. You also agree that if Go Daddy is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by You using Go Daddy, that Go Daddy, in its sole discretion, may take whatever action Go Daddy deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event You agree to hold Go Daddy harmless for any action taken by Go Daddy.


5. transfer of domain names; resale practices
If You transfer any domain name You agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Name Transfer Agreement . You may view the latest version of our Domain Name Transfer Agreement online. In order to further protect Your domain, any domain registered with Go Daddy or transferred to Go Daddy shall be placed on lock status. The domain must be placed on unlock status in order to initiate a transfer of the domain name away from Go Daddy to a new Registrar. You may log into Your account with Go Daddy at any time after Your domain name has been successfully transferred to Go Daddy, and change the status to unlock.

In the event You are purchasing a domain name on behalf of a third party, You agree to inform any customer of Yours, who may be acquiring a domain name through You using Go Daddy’s registration services, that they are in fact registering their domain name through Go Daddy and that Go Daddy is an accredited registrar with ICANN. You agree not to represent that You are an ICANN accredited registrar or that You are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of Your promotional materials including Your web site.

You agree to obtain each of Your customers’ acceptances of Go Daddy’s then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should You require that Your customers accept additional terms and conditions that are not required by Go Daddy, You agree that such additional terms and conditions shall not conflict with Go Daddy’s Domain Registration Agreement and the policies and business procedures adopted by ICANN.

You agree that Go Daddy is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to Go Daddy’s registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database.

You agree to provide Your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information You will, within 5 business days, provide such information to Go Daddy so Go Daddy may update its registration records. You will retain copies of all communications between You and Your customers and will upon request provide Go Daddy copies of same.

For .ca domain names, You may not transfer .ca domains to us.
6. suspension of services; breach of agreement
You agree that, in addition to other events set forth in this Agreement,

(i) Your ability to use any of the services provided by Go Daddy is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN, and

(ii) Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any Go Daddy procedure not inconsistent with an ICANN adopted specification or policy;

(1) to correct mistakes by Go Daddy or the registry operator in registering any domain name; or

(2) for the resolution of disputes concerning any domain name.

You agree that Your failure to comply completely with the terms and conditions of this agreement and any Go Daddy rule or policy may be considered by Go Daddy to be a material breach of this Agreement and that Go Daddy may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide Go Daddy with material evidence that You have not breached Your obligations to Go Daddy within ten (10) business days, Go Daddy may terminate its relationship with You and take any remedial action available to Go Daddy under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, canceling the registration of any of Your domain names and discontinuing any services provided by Go Daddy to You. No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach.

Go Daddy’s failure to act upon or notify You of any event, which may constitute a breach, shall not relieve You from or excuse You of the fact that You have committed a breach.


7. restriction of services; right of refusal
You agree not to use the services provided by Go Daddy, or to allow or enable others, to use the services provided by Go Daddy for the purposes of:

  • The transmission of unsolicited email (Spam); and
  • Repetitive, high volume inquires into any of the services provided by Go Daddy (i.e. domain name availability, etc.).

If You are hosting Your domain’s domain name servers (“DNS”) on Go Daddy’s servers, or are using our systems to forward a domain, URL, or otherwise to a system or site hosted elsewhere, or if You have Your domain name registered with Go Daddy, You are responsible for ensuring that there is no excessive overloading on Go Daddy’s DNS systems. You may not use Go Daddy’s servers and Your domain as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that Go Daddy reserves the right to deactivate Your domain name from its DNS system if Go Daddy deems it is the recipient of activities caused by Your site that threaten the stability of its network.

You agree that Go Daddy, in its sole discretion and without liability to You, may refuse to accept the registration of any domain name. Go Daddy also may in its sole discretion and without liability to You delete the registration of any domain name during the first thirty (30) days after registration has taken place. Go Daddy may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by Go Daddy in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm or use unethically minors in any way. In the event Go Daddy refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will receive a refund of any fees paid to Go Daddy in connection with the registration either being canceled or refused. In the event Go Daddy deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.


8. parked page service
The Parked Page Service, includes, but is not limited to, the parking of pages on Go Daddy nameservers, and Starter/For Sale web pages (all parked pages, collectively, the “Parked Page”). For every domain name registered, Go Daddy will provide the Parked Page service free to its customers. Go Daddy will provide You with these services as long as You abide by the terms and conditions set forth herein and in each of Go Daddy’s policies and procedures found here.

If You are using Go Daddy’s Parked Page services, You agree that Go Daddy may point the domain name or DNS to one of Go Daddy’s or Go Daddy’s affiliates web pages, and that they may place advertising on Your web page and Go Daddy specifically reserves this right. Go Daddy also reserves the right to collect and retain all revenue obtained from such advertising. You may terminate Your use of the Parked Page service at any time through Your online account manager.

If You are using Go Daddy’s Parked Page service, You are responsible for ensuring that any content placed on Your Parked Page by You or anyone on Your behalf conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements not provided by Go Daddy. In order to use Go Daddy’s Parked Page service, You must have a domain name registered with Go Daddy. Go Daddy is not responsible for making back-up copies of Your web site; this is solely Your responsibility. You agree that Go Daddy may place advertising on Your Parked Page and Go Daddy specifically reserves this right. Go Daddy also reserves the right to collect and retain all revenue obtained from such advertising.

Go Daddy provides its Parked Page services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services. Further, the services provided, including, but not limited to, the advertisements, shall be based upon the content of Your web site and may include, but are not limited to, advertisements of Your competitors. Go Daddy explicitly reserves the right and sole discretion to:

  1. Censor any web site hosted on its Parked Page servers that, in Go Daddy’s sole discretion, is deemed inappropriate;
  2. Review every Parked Page for excessive space and bandwidth utilization disrupting the normal use of the system or consuming excessive amounts of memory or CPU and to terminate or apply additional fees to those accounts exceeding allowed levels;
  3. Modify its pricing through email notification;
  4. Terminate Your Parked Page service for unsolicited, commercial e-mailing (i.e., Spam), using internal or external mail servers, illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, non-payment of of any fees hereafter charged for using Go Daddy �s Parked Page Service, and any other activities, whether lawful or unlawful, that Go Daddy determines to be harmful to its other customers, operations, or reputation;
  5. Terminate Your Parked Page service if the contents of Your Parked Page result in, or are the subject of, legal action or threatened legal action, against You and/or Go Daddy or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; and
  6. Terminate Your Parked Page service if You violate, or potentially violate, or are alleged to have violated, any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity.

You agree to indemnify and hold Go Daddy harmless for any harm or damages arising out of Your use of Go Daddy’s Parked Page services, including, but not limited to, any actions Go Daddy chooses to take to remedy Your improper or illegal use of a Parked Page hosted by Go Daddy.


9. provisions specific to all registrations
You agree to be bound by the rules, policies, and agreements of each Registry from which You purchase a domain registration, which may include, but are not limited to, Top Level Domain Registries and Second Level Domain Registries.
10. provisions specific to .COM, and .NET registrationsIndemnification

You agree to indemnify, defend and hold harmless the .COM .and NET Registry Operator, VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration.


11. provisions specific to .ORG registrationsIndemnification

You agree to indemnify, defend and hold harmless the .ORG Registry Operator, Public Interest Registry, and its subcontractors, shareholders, directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration. This indemnification requirement shall survive the termination or expiration of this Agreement.


12. provisions specific to .INFO registrationsIndemnification

You agree to indemnify, defend and hold harmless the .INFO Registry Operator, Afilias Limited, and its subcontractors, shareholders, directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration. This indemnification requirement shall survive the termination or expiration of this Agreement.

If You are registering a .INFO domain name You also agree to:

  1. consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by the .info Registry Operator and its designees and agents;
  2. submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Sunrise Dispute Resolution Policy (“SDRP”);
  3. immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
  4. acknowledge that the Registry Operator 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.


13. provisions specific to .WS (WEBSITE) registrationsIndemnification

You agree to indemnify, defend and hold harmless the .WS Registry Operator, Global Domains International, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration.

You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration policies for this ccTLD are available online and are incorporated herein.


14. additional requirements for .BIZ registrations
If You are registering a .BIZ domain name You also agree to:.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 name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

    1. To exchange goods, services, or property of any kind;
    2. In the ordinary course of trade or business; or
    3. 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 name 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 shall not constitute a “bona fide business or commercial use” of that domain name.

.BIZ Certification

As a .BIZ domain name registrant, You hereby certify to the best of Your knowledge that:

    1. The registered domain name 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 name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. More information on the .BIZ restrictions, which are incorporated herein by reference, are available online.
    2. The domain name registrant has the authority to enter into the registration agreement; and
    3. The registered domain name is reasonably related to the registrant’s business or intended commercial purpose at the time of registration.

Domain Name Dispute Policy

If You reserved or registered a .BIZ domain name through us, You agree to be bound by our current domain name 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:

    1. The Uniform Domain Name Dispute Policy;
    2. The Start-up Trademark Opposition Policy (“STOP”); and
    3. The Restrictions Dispute Resolution Criteria and Rules.

The STOP 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 Registry Operator or Registrar) over the registration or use of a .BIZ domain name 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 name 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 name registered by Registrant.

The RDRP sets forth the terms under which any allegation that a domain name 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 name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

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 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.

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.

Reservation of Rights

Go Daddy and the .BIZ Registry Operator, NeuLevel, Inc. 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 Go Daddy and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Go Daddy and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

Indemnification

You agree to indemnify, defend and hold harmless the .BIZ Registry Operator, NeuLevel, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.


15. provisions specific to .US registrations
You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available online and are incorporated herein. These policies may prohibit You from changing, transferring, or assigning the name You have submitted as Registrant.

The Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a .US domain name.

A. Registrants must be either:

  1. A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or;
  2. An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the district of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions (including a federal, state, or local government of the United States, or a political subdivision thereof, and non-commercial organizations based in the United States), or;
  3. A foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories that also (i) regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the Unites States, or (ii) maintains an office or other property within the United States.

B. The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories.

Registrant further certifies that Go Daddy has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willingly volunteered such information. Registrant understands and agrees that such information will be verified and will be shared with the .US Registry.

Registrant understands and agrees that if such information cannot be verified, or if Registrant fails to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.

Indemnification

You agree to indemnify and hold harmless the .US Registry Operator, NeuStar, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant’s (i) .US domain name registration and (ii) use of any .US registered domain name.

.US Registration Restrictions

You understand and agree that when You register one of these domains, that You are prohibited from using any profanity in the domain name, pursuant to the .US policy available online. The definition of profanity can be found in the Supreme Court decision, FCC v. Pacifica Foundation, made famous by George Carlin.

Further, You acknowledge and agree that You are not permitted to purchase private or proxy .US registrations. You shall register for any and all .US registrations using Your personal information, which information You represent and warrant is current, accurate and complete.


16. provisions specific to .NAME registered itemsEligibility Requirements – Dispute Resolution

You represent and warrant that the name You are registering is Your legal, personal name, or that You own the intellectual property rights to that name. If at any time it is discovered that it is not Your legal personal name, or Your intellectual property, the .NAME Registry Operator, Global Name Registry (GNR) and Go Daddy reserve the right to cancel Your registration without refund, or transfer it to another party. In addition to the above You agree to be bound by the provisions of the entire Eligibility Requirements Dispute Resolution Policy.

Consent – Defensive Registration

A Defensive Registration is a registration designed for the protection of trademarks and service marks and may be granted to prevent a third party from registering a variation of a trademark or the exact trademark. If the name You wish to register is subject to a Defensive Registration, You have three options: (i) You may register a variation of the name, (ii) You may challenge the Defensive Registration under the Eligibility Requirements Dispute Resolution Policy (“ERDRP”), or (iii) You may request Consent from the Defensive Registrant. You can request Consent by contacting the Defensive Registrant listed in the GNR Whois database and requesting consent to register the .name domain. If the Defensive Registrant grants consent, they must confirm in writing that they grant consent. If the Defensive Registrant does not grant consent, You may wish to challenge the Defensive Registration under the ERDRP. The policy is available online.

Acceptable Use Policy

You agree to be bound by GNR�s Acceptable Use Policy. Among other limitations, this policy prohibits You from using Your .name Email to engage in Spamming activities. You will be limited to a maximum of 500 messages sent from Your .name at a time.

Waiver of Liability

You agree that GNR and Go Daddy will have no 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, the ability or inability to obtain a domain name or email address registration using these processes; or (ii) any dispute over any domain name or email address registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

Indemnification

You agree to indemnify, defend and hold harmless GNR, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Item Holder’s registration. You agree that this indemnification obligation shall survive the termination or expiration of this Agreement.


17. provisions specific to .EU registrations.EU Registration Restrictions

You acknowledge and agree that You are not permitted to purchase private or proxy .EU registrations. You shall register for any and all .EU registrations using Your personal information, which information You represent and warrant is current, accurate and complete. Further, You acknowledge and agree that You are not permitted and shall not attempt to register any .EU registrations unless You have a physical presence in the European Union.

Compliance with Applicable Law

You agree to obey, comply with and be bound by any and all applicable laws, regulations and administrative policies promulgated by the European Registry of Internet Domain Names (“EURID”).

Compliance with EURID Rules

You agree to obey, comply with and be bound by EURID rules and regulations and any and all updates, revisions and modifications thereto, which may be made by EURID from time to time, including, but not limited to, their dispute policies, which may be found here.

Compliance with EURID Domain Name WHOIS Policy

You agree to obey, comply with and be bound by the EURID Domain Name WHOIS Policy and any and all updates, revisions and modifications thereto, which may be made by EURID from time to time, which may be found here.

Jurisdiction

For the adjudication of disputes concerning or arising from use of the registered .EU domain name, You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile state, (2) the State of Arizona and (3) the United Kingdom.

Sunrise and General Pre-registration Applications

You acknowledge and agree that the submitting of a “Sunrise or General Pre-registration Application” does not ensure that a domain name shall be successfully awarded or registered. In the event that an application does not result in a successful registration, the registration fee shall be refunded. In the case of a “Sunrise Application” where an application fee was collected, a portion of that fee shall be refunded after the deduction of a handling fee, which You acknowledge and agree is subject to change based on fluctuations in the US Dollar and Euro exchange rates.

.EU Dispute Resolution/ADR

EURID offers an alternative procedure for resolving disputes concerning .EU domain names, which can be found here. When applicable, You acknowledge such procedure and agree that You shall comply with and abide by its terms and conditions.


18. OTHER COUNTRY CODE TOP LEVEL DOMAINS
You represent and warrant that You meet the eligibility requirements of each country code top level domain (“ccTLD”) You apply for. You further agree to be bound by any registry rules, policies, and agreements for that particular ccTLD. These may include, but are not limited to, agreeing to indemnify the ccTLD provider, limiting the liability of the ccTLD provider, and requirements that any disputes be resolved under that particular country’s laws.
19. provisions specific to .AT registrations
You understand and agree that in order to register these domains, a pre-registration DNS validation check is required by the Registry.
20. provisions specific to .BE registrations
You understand and agree that in order to register these domains, a pre-registration DNS validation check is required by the Registry.
21. provisions specific to .CO.NZ, .NET.NZ, and .ORG.NZ registrations
You understand and agree that in order to register these domains, a pre-registration DNS validation check is required by the Registry.
22. additional requirements FOR .UK ( .ORG.UK , .ME.UK, .CO.UK ) registrations
You understand and agree that when You register one of these domains, that the minimum term is two years.
23. provisions specific to .BE registrations
You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available online and are incorporated herein.
24. provisions specific to .DE registrations
You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available online and are incorporated herein.

.DE Registration Restrictions

You represent and warrant that You or Your administrative contact has a German address, which cannot be a P.O. Box. You may not use the names of other top-level domains (e.g. .ARPA, .COM, .EDU, .GOV, .INT, .NET, .NATO, .MIL, .ORG and all country-related TLDs) or German automobile identification numbers as domain names.

.DE Local Presence Service

If You do not provide an administrative contact (“Admin-C”) with a German address, then You shall be subject to the local presence service terms and conditions, which are part of the registration guidelines for this ccTLD. You also agree to the following:

  1. Go Daddy and You hereby request and authorize Key-Systems to list an individual designated by Key-Systems as Admin-C for the requested DENIC domain(s). Neither Key-Systems nor the Admin-C are required to monitor the legality of the domain name use including, not limited to, contents and services offered;
  2. Go Daddy and You acknowledge and agree that Key-Systems and/or the Admin-C may, without any liability to You or any third-party, take such steps as in the opinion of Key-Systems and/or the Admin-C are necessary in order to (a) limit Key-System’s and/or the designated Admin-C’s liability related to, directly or indirectly, the DENIC domain(s); (b) comply with any laws, regulations or other legal requirements; and/or (c) address any letter, causes of action, suits, proceeding, complaints, cease and desist orders and demands of any kind or any other inquiry from DENIC or any other third party related to the DENIC domain(s). Such actions may include, but are not limited to, (a) disabling the website pending resolution of the conflict and/or redirecting the DENIC domains to a blank page or placeholder; (b) cancelling the registration of the DENIC domain name(s); (c) ceasing administration of the domain name and placing it in a transit state; (d) removing or replacing the Admin-C from or in the Whois record, (e) redirecting the DENIC domain(s) to an alternate IP address; (f) allowing the registration of the DENIC domain to lapse; (g) transferring the registration to an individual or entity which is awarded the registration through any court proceeding, arbitration, or by DENIC; (h) settling any and all third party, whether threatened or made, arising out of Your use of the DENIC domain names; and/or (i) terminating the Local Presence Service. Go Daddy and You undertake to respond in writing to requests by Verisign and/or the Admin-C immediately within time limits set by Key-Systems and/or the Admin-C. Unless a different response deadline is requested in writing by Key-Systems and/or the Admin-C, Go Daddy and You agree to respond in writing to such requests within forty eight (48) hours. Correspondence sent to Go Daddy or You shall be regarded as delivered. Key-Systems or the Admin-C may, at its own discretion, request a security for its expenses which may occur in case a third party alleges that the use of the domain name is an infringement of laws. The amount of security will be determined at the Admin-C discretion in accordance with the Court Costs (GKG) and the Attorney’s Remuneration Act (RVG). The security must be paid in cash or guaranteed by a major German bank or savings bank (Sparkasse) within the time limit set by Key-Systems and/or the Admin-C.
  3. Go Daddy AND YOU ACKNOWLEDGE AND AGREE THAT KEY-SYSTEMS AND THE ADMIN-C SHALL HAVE NO LIABILITY TO YOU, Go Daddy OR ANY THIRD-PARTY RELATED TO, DIRECTLY OR INDIRECTLY, THE LOCAL PRESENSE SERVICES AND/OR THE EXERCISE OF ANY OF THEIR RIGHTS UNDER THESE LOCAL PRESENSE SERVICES TERMS AND CONDITIONS. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF VERISIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, KEY-SYSTEM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  4. Go Daddy and You agree to release, defend, indemnify and hold harmless Key-Systems, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and the individual designated as Admin-C for the DENIC domain(s), from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable attorneys’ fees, arising out of or related in any way to, the Local Presence Services, the DEMINC domain(s), and/or Your use of the DEMIN domain(s).


25. .JP registration restrictions
You represent and warrant that You have a local presence in Japan with a home or office address. You agree that certain domains are reserved and can only be registered by certain parties. These include:

  1. TLDs, other than ccTLDs, as determined by ICANN;
  2. Geographical-type .JP domain names that are defined as metropolitan, prefectural, and municipal labels;
  3. Names of primary and secondary educational organizations
  4. Names of organizations related to Internet management;
  5. Names required for .JP domain name operations; and
  6. Character strings which may be confused with ASCII-converted Japanese domain names.

The complete list of .JP Reserved Domains is available online.Additional Requirements for .JP Registrants

You agree to be bound by any registry rules, policies, and agreements for this ccTLD, which are incorporated herein. You must choose from the following list of Japanese Prefecture codes and submit this information with Your order. Prefecture codes are defined as follows:

01 HOKKAIDO
13 SAITAMA
25 OSKA
37 TOKUSHIMA

02 AOMORI
14 IBARAKI
26 WAKAYAMA
38 EHIME

03 IWATE
15 TOCHIGI
27 HYOGO
39 KOCHI

04 AKITA
16 GUNMA
28 TOYAMA
40 FUKUOKA

05 YAMAGATA
17 YAMANASHI
29 FUKUI
41 SAGA

06 MIYAGI
18 SHIZUOKA
30 ISHIKAWA
42 NAGASAKI

07 FUKUSHIMA
19 GIFO
31 OKAYAMA
43 KUMAMOTO

08 NIIGATA
20 AICHI
32 SHIMANE
44 OITA

09 NAGANO
21 MIE
33 YAMAGUCHI
45 MIYAZAKI

10 TOKYO
22 KYOTO
34 TOTTORI
46 KAGOSHIMA

11 KANAGAWA
23 SHIGA
35 HIROSHIMA
47 OKINAWA

12 CHIBA
24 NARA
36 KAGAWA


26. provisions specific to .NZ registrations (.CO.NZ, .ORG.NZ, .NET.NZ)
You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available online and are incorporated herein.

If You are registering a Second Level Domain under this ccTLD, You further agree to be bound by the Second Level Domain’s rules, policies, and agreements, which are incorporated and made a part of this Agreement herein.

.NZ Registration Restrictions (.CO.NZ, .ORG.NZ, NET.NZ)

You represent and warrant that You are an identifiable individual over 18 years of age or a properly constituted organization.


27. provisions specific to .AT registrations
You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available here and are incorporated herein.
28. provisions specific to .UK registrations (.ORG.UK, .ME.UK, .CO.UK)
You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available here and the rules are available here , and are incorporated herein.

If you are registering a Second Level Domain under this ccTLD, You further agree to be bound by the Second Level Domain’s rules, policies, and agreements, which are incorporated and made a part of this Agreement herein.


29. provisions specific to .CC registrations
You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available here and are incorporated herein.Indemnification

You agree to indemnify, defend and hold harmless the .CC Registry Operator, Verisign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenes arising out of or relating to the Registered Name holders domain name registration.


30. provisions specific to .TV registrations
You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available here and are incorporated herein.


31. ADDITIONAL REQUIREMENTS FOR .tw REGISTRATIONS
If You are registering a .TW domain name You also agree to the following:

Compliance with Applicable Law

You agree to obey and comply with any and all applicable laws, regulations and administrative policies promulgated by the Taiwan Network Information Center (“TWNIC”).

Compliance with TWNIC Rules

You agree to obey, comply with and be bound by TWNIC rules and regulations and their any and all updates, revisions and modifications, which may be made by TWNIC from time to time, including but not limited to:

  1. Supervision and Guidance Regulation for Internet Protocol (IP) Address and Domain Name Registration and Management Services here .
  2. Guidelines for Administration of Domain Name Registration here .
  3. Guidelines for Authorization of Domain Name Registration Services here .
  4. TWNIC Domain Name Dispute Resolution Policy here .
  5. Rules for TWNIC Domain Name Dispute Resolution Policy here .

Right to Accept Notice

You give Go Daddy the right to accept written complaints from third parties against false and/or inaccurate Whois data and You agree to follow any procedural regulation that may exist between the .TW registry operator, currently NeuLevel Inc. and Go Daddy.

Governing Law

With regards to .TW domain names, the Domain Registration Agreement will be interpreted and governed by the Laws of Taiwan.

Indemnification

You agree to indemnify, defend and hold harmless the .TW Registry Operator, NeuLevel, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration. This indemnification requirement shall survive the termination or expiration of this Agreement.

.TW Registration Restrictions

You acknowledge and agree that You are not permitted to purchase private or proxy .TW registrations. You shall register for any and all .TW registrations using Your personal information, which information You represent and warrant is current, accurate and complete.


32. ADDITIONAL REQUIREMENTS FOR .cn REGISTRATIONS
If You are registering a .CN domain name You also agree to:

Limitations on Registration

You may not register or use a domain name that is deemed by China Internet Network Information Center (�CNNIC�) to:

  1. Be against the basic principles prescribed in the Constitution of the Peoples Republic of China (�PRC�);
  2. Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt the state of integrity of the PRC;
  3. Harm national honor and national interests of the PRC;
  4. Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC;
  5. Violate the PRC�s religion policies or propagate cult and feudal superstition;
  6. Spread rumors, disturb public order or disrupt social stability of the PRC;
  7. Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
  8. Insult, libel against others and infringe other people�s legal rights and interests in the PRC; or
  9. Take any other action prohibited in laws, rules and administrative regulations of the PRC.

Restrictions on Transfer of cnTLD Domain Names

You understand that You may not transfer to or from a domain registrar that is headquartered or controlled by an entity located inside China.

Jurisdiction

For the adjudication of disputes concerning or arising from use of the registered .cn Domain Name, You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile state, (2) Arizona, and (3) the People�s Republic of China .

Suspension of Service:

You agree that Your registration of the .cnTLD domain name shall be subject to suspension, cancellation, or transfer pursuant to any NeuLevel or CNNIC adopted specification or policy.

Compliance with CNNIC Dispute Resolution Policy

You agree to obey, comply with and be bound by the CNNIC Dispute Resolution Policy and any and all updates, revisions and modifications, which may be made by CNNIC from time to time. The CNNIC Dispute Resolution Policy may be currently accessed here.

Right to Accept Notice

You give Go Daddy the right to accept written complaints from third parties against false and/or inaccurate Whois data and You agree to follow any procedural regulation that may exist between the .CN registry operator, currently NeuLevel Inc. and Go Daddy.

Indemnification

You agree to indemnify, defend and hold harmless the .CN Registry Operator, NeuLevel, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration. This indemnification requirement shall survive the termination or expiration of this Agreement.

.CN Registration Restrictions

You acknowledge and agree that You are not permitted to purchase private or proxy .CN registrations. You shall register for any and all .CN registrations using Your personal information, which information You represent and warrant is current, accurate and complete.


33. ADDITIONAL REQUIREMENTS FOR .JOB REGISTRATIONS
If You are registering a .JOB domain name You also:

  1. Agree to provide information regarding membership in a Human Resource Association, and the identity of any such association;
  2. Agree to provide the URL of Your existing company website;
  3. Acknowledge that You have read, understood and agree to be bound by the .Job’s Registry-Registrant agreement as amended from time to time, located here;
  4. Warrant that You meet the eligibility requirements as provided by the Registry and as modified from time to time, and to abide by the JOBS Usage Policy and Terms and Conditions as amended from time to time and stated here;
  5. Agree to abide by the SHRM code of professional ethics as stated here;
  6. Agree to indemnify, defend and hold harmless the Registry Operator and its subcontractors, shareholders, directors, officers, employees, affiliates and agents of each of them from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to Your domain name registration. This indemnification obligation shall survive the termination or expiration of this Agreement; and
  7. Further acknowledge and agree that the Registry Operator is an intended third party beneficiary of this Agreement, with a right to enforce the terms and provisions contained herein.


34. provisions specific to .AG registrations
You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.
35. provisions specific to .AM registrations
You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.
36. provisions specific to .FM registrations
You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.
37. provisions specific to .GS, .MS, .TC and .VG registrations
You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for these ccTLDs, which may be found here.
38. provisions specific to .NU registrations
You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.
39. provisions specific to .SC registrations
You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.
40. provisions specific to .TK registrations
You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.
41. provisions specific to .MOBI registrations
You acknowledge and agree that You shall comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide, found here. You consent to the monitoring of Your website for compliance with the Style Guide.

Further, You acknowledge and agree that the Style Guide is subject to modification by the dotmobi registry, and You acknowledge and agree that You will comply with any such changes in the time allotted.

You agree to indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to Your domain name registration and or use, and this indemnification obligation survive the termination or expiration of this Agreement;

Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to Your domain name registration and or use, and indemnification obligation survive the termination or expiration of this Agreement;

Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. (�dotmobi�), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Go Daddy being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement.

You agree to comply with ICANN requirements, standards, policies, procedures, and practices for which dotmobi has responsibility in accordance with the Registry Agreement between ICANN and dotmobi or other arrangement with ICANN.

You consent to the use, copying, distribution, publication, modification and other processing of Your personal data by dotmobi and its designees and agents in a manner consistent with the purposes for which Your personal data is collected by Go Daddy and submitted to dotmobi and with relevant mandatory local data protection, law and privacy.

You shall immediately correct and update Your registration information for Your registered domain name(s) during the registration term for each registered name.

You further agree to comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar;

You acknowledge and agree that dotmobi and Affilias Limited, acting in consent with dotmobi, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of dotmobi as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; (v) or to correct mistakes made by dotmobi or any registrar in connection with a domain name registration, and dotmobi also reserves the right to freeze a domain name during resolution of a dispute.

You acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration 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 made during the limited industry launch or over a Sunrise Registration.

You acknowledge and agree if the domain name being registered is a dotMobi Premium Name, and as such is listed at http://mtld.mobi/domain/premium , then use of the domain is also subject to the terms and conditions of the dotMobi Premium Name Agreement (formerly known as the dotMobi Auction Agreement) posted here , which is incorporated by reference herein.

You acknowledge and agree that upon termination or expiration of the dotMobi Premium Name Agreement in accordance with the terms thereof: (i) any and all rights of Company to the Registration of the Domain Name, the Registration Code, and/or to create, launch, and/or operate the web site shall be terminated, and all such rights shall revert to mTLD and (ii) mTLD may grant Registration rights to the Domain Name and/or rights to the Registration Code to any entity or person in its sole discretion, and Company shall have no rights or recourse a gainst mTLD and/or Registrar relating to the registration or use of the Domain Name and/or Registration Code by any other such entity or person.

You Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.


42. provisions specific to .ASIA registrations
You represent and warrant that You meet all the eligibility requirements of this TLD. You further agree to be bound by any registry rules, policies and agreements for this TLD. The registration guidelines for this TLD are available here and are incorporated herein.

You consent to the use, copying, distribution, publication, modification and other processing of Your personal information by DotAsia Organisation Limited and its designees and agents in a manner consistent with the purposes specified pursuant to the Registry-Registrar agreement and with relevant mandatory local data protection laws and privacy.

You agree to correct and update the registration information for the domain name immediately during the registration term for the domain name.

You agree to comply with those ICANN requirements, standards, policies, procedures and practices for which DotAsia Organisation Limited has monitoring responsibility in accordance with the Registry Agreement or with other arrangements with ICANN.

You agree to comply with all the operational standards, policies, procedures and practices for the .ASIA Registry as established from time to time in a non-arbitrary manner by DotAsia Organisation Limited (“Registry Policies”). You acknowledge that Registry Policies are applicable to all registrars and domain name registrants. Any changes to the Registry Policies by the DotAsia Organisation Limited that are consistent with the Registry Agreement shall be effective upon thirty (30) days’ notice by DotAsia Organisation Limited to Registrar.

You agree to be bound by the terms and conditions as set down by DotAsia Organisation Limited during the initial launch and the general operations of the .ASIA TLD, including without limitation its Start-Up Policies where such terms and conditions include the submission to a binding arbitration for disputes arising from the Start-Up process or any allocation of domain names.

You agree to submit to the proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”) and to proceedings commenced under ICANN’s Charter Eligibility Dispute Resolution Policy (“CEDRP”).

You agree to submit to proceedings commenced under other dispute resolution policies as set forth by DotAsia Organisation Limited from time to time in the Registry Policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual rights holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the .ASIA Registry.

You acknowledge and agree to comply with the .ASIA Charter Eligibility Requirement.

You, acting as Registrant Contact, represent and warrant that You have made known to the Charter Eligibility Declaration Contact (the “CED Contact”), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the domain name in the event of a dispute or a challenge over Your legal entitlement to or the ownership of the domain name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited’s .ASIA Charter Eligibility Requirement Policy published from time to time.

You, acting as Registrant Contact, agree that it has obtained an agreement from the CED Contact that You shall remain the Operating Contact for all operations of the domain name, including but not limited to domain transfer and updates.

You agree to indemnify, to the maximum extent permited by law, defend and hold harmless the Registry Operator DotAsia Organisation Limited and its director, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including resonable legal fees and expenses, arising out of or relating to Your domain name registration and or use.

Notwithstanding the other provisions in this Agreement, You agree that this indemnification obligation shall survive the termination or expiration of this Agreement.

You acknowledge and agree that DotAsia Organisation Limited and Go Daddy, acting in consent with DotAsia Organisation Limited, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its sole discretion (i) to protect the integrity, security and stability of the registry; (ii) to comply with all appropriate laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of DotAsia Organisation Limited, as well as its affiliates, subsidiaries, officers, directors, representatives, employees and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by DotAsia Organisation Limited, Go Daddy or any registrar in connection with a domain name registration. DotAsia Organisation Limited also reserves the right to freeze a domain name such as placing a domain name on hold, lock or other status during the resolution of a dispute.

Notwithstanding anything in the Agreement to the contrary, DotAsia Organisation Limited, the Registry Operator of the .ASIA TLD, is and shall be an intended third party beneficiary of this Agreement. As such, You acknowledge and agree that the third party beneficiary rights of DotAsia Organisation Limited have vested and that it has relied on its third party beneficiary rights under this Agreement in agreeing to Go Daddy being a registrar for the .ASIA TLD. Additionally, the third party beneficiary rights of DotAsia Organisation Limited shall survive any termination or expiration of this Agreement.

You acknowledge and agree that the submitting of a “Sunrise or General Pre-registration Application” does not ensure that a domain name shall be successfully awarded or registered. In the event that an application does not result in a successful registration, the registration fee shall be refunded. In the case of a “Sunrise Application” where an application fee was collected, that fee shall not be refunded.

You acknowledge that in the event of conflict between this section of the Agreement and other sections of the same, this section shall prevail.


43. provisions specific to .me registration
You acknowledge and agree to obey, comply and be bound by any and all registry rules, policies and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.

You agree to indemnify, defend and hold harmless the .me Registry, its owners, subsidiaries, affiliates, subcontractors and agents, and the respective directors, officers, employees, affiliates and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to Your domain name registration or the use of any domain name registered in the TLD by or on Your behalf.


44. provisions specific to .ca registrations
a. CIRA may, at its option, extend any period for the registration of a Domain Name at no charge to the Registrar or You for such further period of time as CIRA may determine, in its sole discretion;

b. You acknowledge and agree that CIRA shall not be liable to You for any loss, damage, or expense arising out of CIRA�s failure or refusal to register a Domain Name, CIRA�s failure or refusal to renew a Domain Name Registration, CIRA�s registration of a Domain Name, CIRA�s renewal of a Domain Name Registration, CIRA�s failure or refusal to transfer a Domain Name Registration, CIRA�s transfer of a Domain Name Registration, CIRA�s failure or refusal to maintain or modify a Doman Name Registration, CIRA�s maintenance of a Domain Name Registration, CIRA�s modification of a Domain Name Registration, CIRA�s failure to cancel a Domain Name Registration, CIRA�s cancellation of a Domain Name Registration from the Registry, the loss of Membership in CIRA resulting from CIRA�s cancellation of a Doman Name Registration from the Registry or from a Member�s failure to comply with the Registry PRP, or CIRA�s refusal to admit an applicant as a Member;

c. In no event shall You pursue any Claim against CIRA and in no event shall CIRA be liable for any direct, indirect, special, punitive, exemplary or consequential damages including, but not limited to, damages resulting from loss of use, lost profits, lost business revenue, or third party damages or arising from any breach by the Registrar of its obligations under any agreement between the Registrar and a Registrant or the Registrar Agreement between CIRA and the Registrar;

d. Registration of Your selected Domain Name in its first application to CIRA shall not be effective until You has entered into and agreed to be bound by CIRA�s Registrant Agreement;

e. The Registrar shall immediately give notice to You in the event that the Registrar is no longer a CIRA Certified Registrar, has had its certification as a CIRA Certified Registrar suspended or terminated, or the Registrar Agreement between CIRA and the Registrar is terminated or expires. CIRA may post notice of such suspension, termination, or expiry on its website and may, if CIRA deems appropriate, give notice to the Registrants thereof;

f. In the event that the Registrar is no longer a CIRA Certified Registrar, has had its certification as a CIRA Certified Registrar suspended or terminated or in the event the Registrar Agreement between CIRA and the Registrar is terminated or expires, You shall be responsible for changing its Registrar of Record to a new CIRA Certified Registrar within thirty (30) days of the earlier of notice thereof being given to You by (i) the Registrar or (ii) CIRA in accordance with CIRA�s then current Registry PRP; provided, however, that if any of the Registrant�s Domain Name Registration(s) is scheduled to expire within thirty (30) days of the giving of such notice, then You shall have thirty (30) days from the anniversary date of the registration(s), to register with a new CIRA certified registrar and to renew such Domain Name Registration(s) in accordance with the Registry PRP;

g. You acknowledge and agree that, should there be insufficient funds prepaid by the Registrar in the CIRA Deposit Account to be applied in payment of any Fees, CIRA may in its sole discretion stop accepting applications for Domain Name Registrations from the Registrar, stop effecting registrations of Domain Names and transfers, renewals, modifications, and cancellations of Domain Name Registrations requested by the Registrar and stop performing other billable transactions requested by the Registrar not paid in full and CIRA may terminate the Registrar Agreement between CIRA and the Registrar;

h. You shall not, directly or indirectly, through registration or use of its Domain Name or otherwise: i. violate or contribute to the violation of the intellectual property rights or other rights of any other Person; ii. defame or contribute to the defamation of any other Person; or iii. unlawfully discriminate or contribute to the unlawful discrimination of any other Person;

i. You agree that CIRA shall not be responsible for the use of any Domain Name in the Registry and that CIRA shall not be responsible in any way whatsoever for any conflict or dispute with or any actual or threatened Claim against a Registrar or You, including one relating to a registered or unregistered trade-mark, a corporate, business, or other trade-name, rights relating to a name or other identifying indicium of an individual or any other intellectual property rights of a third party or relating to the defamation of or unlawful discrimination with respect to any other Person;

j. CIRA shall have the right, at any time and from time to time, acting reasonably, to amend the Registrar Agreement between CIRA and the Registrar, and any or all of the Registry PRP and to adopt new Registry PRP not yet in effect. Any such amendment will be binding and effective on the Registrar thirty (30) days after ICRA gives notice of such amendment by email to the Registrar. The Registrar and You agree to promptly amend the agreement between the Registrar and You to reflect any amendments to Section 4.2 of the Registrar Agreement between CIRA and the Registrar;

k. You acknowledge and agree that registration of a Domain Name does not create any proprietary right for You, the Registrar, or any other Person in the name used as a Domain Name or the Domain Name Registration and that the entry of a Domain Name in the Registry or in the WHOIS shall not be construed as evidence or ownership of the Doman Name registered as a Domain Name. You shall not in any way transfer or purport to transfer a proprietary right in any Doman Name Registration or grant or purport to grant as security or in any other manner encumber or purport to encumber a Domain Name Registration;

l. You further acknowledge and agree that the Registrar may make changes to the Administrative Contact details at any time without having to comply with the change of critical information approval process (as set out in the applicable Registry PRP), provided You have granted Your Registrar the authority to do so and has not revoked said authority. If You have two or more Registrars, only one of Your Registrars may be granted said authority. You may at any time revoke said authority or provide said authority to another of Your Registrars;

m. You acknowledge and agree that Your Registrar may, in accordance with the applicable Registry PRP, cancel Your Domain Name Registrations within seven (7) days of Activation and cancel the renewal of Your Doman Name Registration provided that the renewal term has not yet commenced.


45. provisions specific to .in registrations
You agree to be bound by current and future .IN registry policies as indicated on the .IN registry website located at www.registry.in .

You acknowledge and agree that the .IN registry reserves the right to instruct its registry services provider to deny, cancel, transfer or otherwise make unavailable any registration that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of the .IN Registry, as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (4) for violations of this Agreement (including its Exhibits); or (5) to correct mistakes made by the .IN registry or any registrar in connection with a domain name registration. The .IN registry also reserves the right to freeze a domain name during resolution of a dispute.

You agree to be bound by the policy and procedures for resolution of disputes concerning registered .IN domain names in accordance with the .IN Registry’s Domain Name Dispute Resolution Policy (“Dispute Policy”).