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Internet Services, INC. d/b/a
Hosting Solutions, REGISTRATION AGREEMENT
This Registration Agreement ("Agreement") sets forth
the terms and conditions of your use to register a domain name
on the Internet. Hosting Solutions is a reseller for an accredited
registrar with the Internet Corporation for Assigned Names and
Numbers ("ICANN"). Hereinafter, Internet Services,
Inc. d/b/a Hosting Solutions, will be refered to as Hosting Solutions. To
complete the registration process, you must read and agree to
be bound by all terms and conditions of this Agreement, the accompanying
fee schedule and dispute policy, and any rules or policies that
are or may be published by BulkRegister.com. This Agreement will
become effective when accepted by BulkRegister.com. You acknowledge
that Hosting Solutions may modify this Agreement if necessary to comply
with the ICANN Agreement, or for any other business purpose.
1. Fees
As consideration for the domain name registration services provided
by Hosting Solutions, you shall pay all applicable initial registration
fees and renewal fees. You will be notified when renewal fees
are due, and it shall be your responsibility to ensure that such
fees are paid. Should these fees go unpaid by the time specified
in the renewal notice, your registration will be cancelled. You
agree that Hosting Solutions shall have no liability whatsoever with
respect to any such cancellation, and that Hosting Solutions may cancel
or reassign the domain name in the event of delinquency.
2. Dispute Policy
In applying for a domain name, you warrant that the registration
is not made in bad faith and that the name does not conflict
with another domain name. You agree to be bound by the current
Hosting Solutions Domain Name Dispute Policy ("Dispute Policy")
which is incorporated into this Agreement by reference. The Dispute
Policy can be found at http://www.hostingsolutions.com/97/registration/disputepolicy.html.
Any disputes regarding the right to use your domain name will
be subject to the Dispute Policy. Hosting Solutions may modify the
Dispute Policy in its sole discretion at any time. Your continued
registration of your domain name after modification to the Dispute
Policy becomes effective constitutes your acceptance of those
modifications. If you do not agree to such a modification, you
may request that your domain name be deleted. You agree that
you will be subject to the provisions specified in the Dispute
Policy in effect at the time your domain name is challenged by
a third party. You also agree that in the event a domain name
dispute arises with any third party, you will indemnify, defend
and hold Hosting Solutions harmless.
3. Use of Your Information
As part of the registration process, you are required to provide
certain information and to update this information to keep it
current, complete and accurate. This information includes (i)
your full name, postal address, e-mail address, voice telephone
number, and fax number if available; (ii) the name of an authorized
person for contact purposes in the case of a registrant that
is an organization, association, or corporation; (iii) the IP
addresses of the primary nameserver and any secondary nameservers
for the domain name; (iv) the corresponding names of those nameservers;
(v) the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact
for the domain name; (vi) the full name, postal address, e-mail
address, voice telephone number, and fax number if available
of the administrative contact for the domain name; (vii) the
name, postal address, e-mail address, voice telephone number,
and fax number if available of the zone contact for the domain
name; and (viii) any remark concerning the registered domain
name that should appear in the Whois data. You acknowledge that
providing inaccurate information or failing to update information
promptly will constitute a material breach of this Agreement
and will be a basis for cancellation of your domain name. If
you license use of a domain name to a third party, you remain
responsible for providing your own full contact information and
for providing and updating accurate technical, administrative,
and zone contact information. You acknowledge that Hosting Solutions
will make some of the information that you provide during the
registration process publicly available as required by ICANN.
Additionally, you acknowledge that ICANN may impose guidelines,
limits and/or requirements that relate to the amount and type
of information that Hosting Solutions may or must make available to
the public or to private entities. Hosting Solutions will not otherwise
disclose your information to any third party unless it is required
to maintain your domain name. You may request a copy of your
information in Hosting Solutions's possession to review, modify or
update such information.
4. Use Policies
Hosting Solutions reserves the right to suspend or cancel your domain
name in the event that you use the domain name to send unsolicited
commercial advertisements in contradiction to either applicable
laws or customary acceptable usage policies of the Internet,
or if you use your domain name in connection with unlawful activity.
5. Agents and Licenses
You agree that, if your domain name is registered on your behalf
by anyone acting as your agent (e.g., an Internet Service Provider,
employee, etc.), you are nonetheless bound as a principal by
all terms and conditions provided herein, including the Dispute
Policy. You agree that if you license the use of your domain
name to a third party, you remain the domain name holder, and
remain responsible for all obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT Internet Services, INC. D/B/A Hosting Solutions, WILL
NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY
OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b)
THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO Hosting Solutions REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY
OF DATA BETWEEN YOU AND Hosting Solutions; (e) EVENTS BEYOND Hosting
Solutions CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE
PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH
YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY
ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY.
FURTHER, Hosting Solutions WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Hosting Solutions
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL Hosting Solutions MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID
BY YOU TO Hosting Solutions FOR REGISTRATION OF YOUR DOMAIN NAME DURING
THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW
THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
7. Indemnity
You agree to defend, indemnify and hold harmless Internet Services,
Inc. d/b/a Hosting Solutions and any applicable domain name registry,
including Network Solutions, Inc., and the directors, officers,
employees and agents of each of them, for any loss, damages or
costs, including reasonable attorneys' fees, resulting from any
third party claim, action, or demand related to your domain name
or the use thereof. This indemnification is in addition to any
indemnification required under the Dispute Policy.
8. Representations and Warranties
You represent and warrant that all information provided by you
in connection with your registration is complete and accurate.
Hosting Solutions makes no representation or warranties of any kind
in connection with this Agreement. Hosting Solutions does not represent
or warrant that registration of your domain name will immunize
you from challenges to your domain name.
9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must
be remedied by you within 30 days of notice by Hosting Solutions. If
you fail to cure the breach, Hosting Solutions may revoke your registration
of the domain name. You also agree that at such time as Hosting
Solutions receives a properly authenticated order from a court of
competent jurisdiction, or arbitration award, requiring the revocation,
suspension, transfer or modification of the domain name registration,
Hosting Solutions shall have the right in its sole discretion to revoke,
suspend, transfer or otherwise modify a domain name registration.
10. Governing Law
This Agreement and all rights hereunder shall be governed by
the laws of the State of Virginia and/or the State of Maryland
at the discretion of Hosting Solutions . Any action relating to this
Agreement or to your use of the Hosting Solutions site shall be brought
exclusively in the courts of Virginia in the USA.
11. General
This Agreement, the Hosting Solutions fee schedule and the Dispute
Policy, together with all amendments or modifications to any
of them, constitute the complete and exclusive agreement between
you and Hosting Solutions, and supersede and govern all prior proposals,
agreements, or other communications.
Nothing contained in this Policy shall be construed as creating
any agency, partnership, or other form of joint enterprise between
the parties. The failure of Hosting Solutions to require your performance
of any provision hereof shall not affect the right to require
such performance thereafter; nor shall the waiver by Hosting Solutions
of a breach of any provision hereof be taken or held to be a
waiver of the provision itself. In the event that any provision
of this Agreement is deemed unenforceable or invalid, such unenforceability
or invalidity shall not affect the remainder of this Agreement.
Hosting Solutions may amend or replace such provision with one that
is valid and enforceable and which achieves, to the extent possible,
the original objectives and intent of Hosting Solutions as reflected
in the original provision.
No provision of this Agreement, including the Hosting Solutions
fee schedule and the Dispute Policy, may be amended or modified
by you except by means of a written document signed by Hosting
Solutions.
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