| 1. AGREEMENT. In this Service Agreement ("Agreement")
"you" and "your" refer to each customer, "we", us"
and "our" refer to 101 Internet & Marketing and Services refers
to the services provide by us. This Agreement explains our obligations to you,
and explains your obligations to us for various Services. By selecting our Services
you have agreed to establish an account with us for such Services. When you use
your account or permit someone else to use it to purchase or otherwise acquire
access to additional Services or to cancel your Services (even if we were not
notified of such authorization), this Agreement covers such service or actions.
By using the Services under this Agreement, you acknowledge that you have read
and agree to be bound by all terms and conditions of this Agreement and any pertinent
rules or policies that are or may be published by us.
2. SELECTION OF A DOMAIN NAME. We cannot and do not check
to see whether the domain name you select, or the use you make of the domain
name, infringes legal rights of others. We urge you to investigate to see whether
the domain name you select or its use infringes legal rights of others, and
in particular we suggest you seek advice of competent counsel. You may wish
to consider seeking one or more trademark registrations in connection with your
domain name. You should be aware that there is the possibility we might be ordered
by a court to cancel, modify, or transfer your domain name. You should be aware
that if we are sued or threatened with lawsuit in connection with your domain
name, we may turn to you to hold us harmless and indemnify us.
3. FEES, PAYMENT AND TERM. As consideration for the services
you have selected, you agree to pay us the applicable service(s) fees. All fees
payable here under are nonrefundable unless we provide otherwise. As further
consideration for the Services, you agree to: (1) provide certain current, complete
and accurate information about you as required by the registration process and
(2) maintain and update this information as needed to keep it current, complete
and accurate. All such information shall be referred to as account information
("Account Information"). You hereby grant us the right to disclose
to third parties such Account Information. The Registrant, by completing and
submitting the Domain Name Registration Agreement ("Registration Agreement"),
represents that the statements in its application are true and that the registration
of the selected Domain Name, so far as the Registrant is aware, does not interfere
with or infringe upon the rights of any third party. The Registrant also represents
that the Domain Name is not being registered for any unlawful purpose.
4. MODIFICATIONS TO AGREEMENT. You agree, during the period
of this Agreement, that we may: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided under this Agreement. Any such
revision or change will be binding and effective immediately on posting of the
revised Agreement or change to the service(s) on our web site, or on notification
to you by e-mail or regular mail as per the Notices section of this agreement,
Section 20. You agree to review our web site, including the Agreement, periodically
to be aware of any such revisions. If you do not agree with any revision to
the Agreement, you may terminate this Agreement at any time by providing us
with notice by e-mail or regular mail as per the Notices section of this agreement,
Section 20. Notice of your termination will be effective on receipt and processing
by us. You agree that, by continuing to use the Services following notice of
any revision to this Agreement or change in service(s), you abide by any such
revisions or changes. You further agree that we, in our sole discretion, may
modify our Dispute Policy at any time. You agree that, by maintaining the reservation
or registration of your domain name after modifications to the Dispute Policy
become effective, you have agreed to these modifications. You acknowledge that
if you do not agree to any such modifications, you may request that your domain
name be deleted from the domain name database.
5. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use your Account Identifier and Password
that you selected when you opened your account with us. Please safeguard your
Account Identifier and Password from any unauthorized use. In no event will
we be liable for the unauthorized use or misuse of your Account Identifier or
Password.
6. DOMAIN NAME DISPUTE POLICY. If you reserved or registered
a domain name through us, or transferred a domain name to us from another registrar,
you agree to be bound by our current Domain Name Dispute Policy ("Dispute
Policy") which is incorporated herein and made a part of this Agreement
by reference. The current version of the Dispute Policy may be found at the
Network Solutions web site. Please take the time to familiarize yourself with
such policy.
7. DOMAIN NAME DISPUTES. You agree that, if the registration
or reservation of your domain name is challenged by a third party, you will
be subject to the provisions specified in the Dispute Policy in effect at the
time of the dispute. You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us harmless pursuant to the
terms and conditions contained in the Dispute Policy. For any dispute, you agree
to submit to the jurisdiction of the courts of your domicile, the courts of
the geographic location indicated by your WHOIS information for your domain
name, and the courts of The United States of America.
8. AGENTS. You agree that, if an agent for you (i.e., an Internet
Service Provider, employee, etc.) purchased our Services on your behalf, you
are nonetheless bound as a principal by all terms and conditions herein, including
the Dispute Policy.
9. ANNOUNCEMENTS. We reserve the right to distribute information
to you that is pertinent to the quality or operation of our services and those
of our service partners. These announcements will be predominately informative
in nature and may include notices describing changes, upgrades, new products
or other information to add security or to enhance your identity on the Internet.
10. LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the amount you
paid for such Service(s). We and our contractors shall not be liable for any
direct, indirect, incidental, special or consequential damages resulting from
the use or inability to use any of the Services or for the cost of procurement
of substitute services. Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, in such states, our liability
is limited to the extent permitted by law. We disclaim any and all loss or liability
resulting from, but not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability resulting from data non-delivery
or data MIS-delivery; (3) loss or liability resulting from acts of God; (4)
loss or liability resulting from the unauthorized use or misuse of your Account
Identifier or Password; (5) loss or liability resulting from errors, omissions,
or misstatements in any and all information or services(s) provided under this
Agreement; (6) loss or liability resulting from the development or interruption
of your Web site or e-mail service. The registrant agrees that we will not be
liable for any loss of registration and use of registrant's domain name, or
for interruption of business, or any indirect, special, incidental, or consequential
damages of any kind (including lost profits) regardless of the form of action
whether in contract, tort (including negligence), or otherwise, even if we have
been advised of the possibility of such damages. In no event shall our maximum
liability exceed one hundred ($100.00) dollars.
11. INDEMNITY. You agree to release, indemnify, and hold us,
our contractors, agents, employees, officers, directors and affiliates harmless
from all liabilities, claims and expenses, including attorney's fees, of third
parties relating to or arising under this Agreement, the Services provided here
under or your use of the Services, including without limitation infringement
by you, or someone else using the E-mail Service with your computer, of any
intellectual property or other proprietary right of any person or entity, or
from the violation of any of our operating rules or policy relating to the service(s)
provided. You also agree to release, indemnify and hold us harmless pursuant
to the terms and conditions contained in the Dispute Policy. When we are threatened
with suit by a third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those assurances may be
considered by us to be a breach of your Agreement and may result in deactivation
of your domain name.
12. BREACH. You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the Dispute Policy provided
by us, may be considered by us to be a material breach and that we may provide
a written notice, describing the breach, to you. If within thirty (30) calendar
days of the date of such notice, you fail to provide evidence, which is reasonably
satisfactory to us, that you have not breached your obligations under the Agreement,
then we may delete the registration or reservation of your domain name or terminate
your e-mail account without further notice. Any such breach by you shall not
be deemed to be excused simply because we did not act earlier in response to
that, or any other breach by you.
13. NO GUARANTY. You agree that, by registration or reservation
of your chosen domain name, such registration or reservation does not confer
immunity from objection to either the registration, reservation, or use of the
domain name.
14. DISCLAIMER OF WARRANTIES. You agree and warrant that the
information that you provide to us to register or reserve your domain name or
register for other Services is, to the best of your knowledge and belief, accurate
and complete, and that any future changes to this information will be provided
to us in a timely manner according to the modification procedures in place at
that time. You agree that your use of our Services is solely at your own risk.
You agree that such Service(s) is provided on an "as is," "as
available" basis. we expressly disclaims all warranties of any kind, whether
express or implied, including but not limited to the implied warranties of merchant
ability, fitness for a particular purpose and non-infringement. We make no warranty
that the Services will meet your requirements, or that the Service(s) will be
uninterrupted, timely, secure, or error free; nor do we make any warranty as
to the results that may be obtained from the use of the Service(s) or as to
the accuracy or reliability of any information obtained through the our e-mail
service or that defects in the Services software will be corrected. You understand
and agree that any material and/or data downloaded or otherwise obtained through
the use of the our e-mail service is done at your own discretion and risk and
that you will be solely responsible for any damage to your computer system or
loss of data that results from the download of such material and/or data. We
make no warranty regarding any goods or services purchased or obtained through
the e-mail service or any transactions entered into through the e-mail service.
No advice or information, whether oral or written, obtained by you from us or
through the e-mail service shall create any warranty not expressly made herein.
Some jurisdictions do not allow the exclusion of certain warranties, so some
of the above exclusions may not apply to you.
15. REVOCATION. You agree that we may delete your domain name
or terminate your right to use other Services if the information that you provided
to register or reserve your domain name or register for other Services, or subsequently
to modify it, contains false or misleading information, or conceals or omits
any information we would likely consider material to our decision to register
or reserve your domain name. You agree that we may, in our sole discretion,
delete or transfer your domain name at any time.
16. RIGHT OF REFUSAL. We, in our sole discretion, reserve
the right to refuse to register or reserve your chosen domain name or register
you for other Services, or to delete your domain name within thirty (30) calendar
days from receipt of your payment for such services. In the event we do not
register or reserve your domain name or register you for other Services, or
we delete your domain name or other Services within such thirty (30) calendar
day period, we agree to refund your applicable fee(s). You agree that we shall
not be liable to you for loss or damages that may result from our refusal to
register or reserve, or delete your domain name or register you for other Services.
17. SEVERABILITY. You agree that the terms of this Agreement
are severable. If any term or provision is declared invalid or unenforceable,
that term or provision will be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties, and the remaining
terms and provisions will remain in full force and effect.
18. NON-AGENCY. Nothing contained in this Agreement or the
Dispute Policy shall be construed as creating any agency, partnership, or other
form of joint enterprise between the parties.
19. NON-WAIVER. Our failure to require performance by the
Registrant of any provision hereof shall not affect the full right to require
such performance at any time thereafter; nor shall the waiver by us of a breach
of any provision hereof be taken or held to be a waiver of the provision itself.
20. NOTICES. Any notice, direction or other communication
given under this Agreement shall be in writing and given by sending it via e-mail
or via regular mail. In the case of e-mail, valid notice shall only have been
deemed to have been given when an electronic confirmation of delivery has been
obtained by the sender, in the case of notice to us to Domain Name Registration
or, in the case of notice to you, at the e-mail address provided by you in your
Affiliate Program application or as updated from time to time. Mail shall be
sent to 101 Internet & Marketing 3120 Verde Ave Carlsbad CA 92009 and to
you at the mailing address provided in your registration application or as updated
from time to time. Any e-mail communication shall be deemed to have been validly
and effectively given on the date of such communication, if such date is a business
day and such delivery was made prior to 4:00 p.m. and otherwise on the next
business day. Any communication sent via regular mail shall be deemed to have
been validly and effectively given 5 business days after the date of mailing.
21. ENTIRETY. You agree that this Agreement, the rules and
policies published us and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our Services. This Agreement and the
Dispute Policy supersede all prior agreements and understandings, whether established
by custom, practice, policy or precedent.
22. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE CANADIAN GOVERNMENT AND THE
FEDERAL LAWS OF THE UNITED STATES OF AMERICA APPLICABLE THEREIN WITHOUT REFERENCE
TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST
BE BROUGHT IN THE PROVINCIAL COURTS LOCATED IN BRITISH COLUMBIA AND YOU IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS.
23. INFANCY. You attest that you are of legal age to enter
into this Agreement.
24. ACCEPTANCE OF AGREEMENT . YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS |
