General service agreement
- This agreement is between the parties
Spiderweb-Solutions.com Inc.
(hereafter referred to as "we", "us", "our"), and Customer
(hereafter referred to as "you" or "your").
- You agree to the terms and conditions of this User Agreement,
and its attachments and appendixes, as they may change from
time-to-time, including:
- Acceptable Use Policy
- Billing Policy
- Privacy Statement
- Domain Registration Agreement
- Personal Data Statement
- Domain Dispute Policy
- TLD-specific appendixes
- Ownership Rights and Licenses.
Spiderweb-Solutions.com Inc has purchased and paid for the
Domain Name, and is the owner of
the Domain Name. Spiderweb-Solutions.com Inc. may rent the Domain
Name to the customer for his exclusive use, but the property of
the Domain Name shall remain of Spiderweb-Solutions.com Inc.. Customer grants to
Spiderweb-Solutions.com Inc., in conjunction with
Customer's Website only, a nonexclusive, nontransferable
royalty-free, worldwide license to reproduce, distribute, publicly
display, and digitally perform the Content and the tools and work
product (such as the HTML, Java applets, CGI scripts, and ActiveX
controls) for Customer's Website. Customer further grants to
Spiderweb-Solutions.com Inc. a nonexclusive, nontransferable, royalty-free,
worldwide license to use Customer's Own Domain Names, trade names and
other commercial designations for purposes of creating content
directories and indexes and for marketing and promoting the
Website. The licensing rights granted in this paragraph will
automatically terminate with the termination of
Spiderweb-Solutions.com Inc.'s
service for Customer. The rented Domain Name shall remain
the property of Spiderweb-Solutions.com Inc, and shall be rented
to any other parties.
- Termination for Cause. Customer and
Spiderweb-Solutions.com Inc. shall each
have the right to terminate this Agreement in the event of any
material breach of this Agreement. Notice prior to termination may
or may not be given, depending on the severity of the violation.
- Referrals Following Termination. If Customer is required to
move its Domain Name following any termination of this Agreement,
Spiderweb-Solutions.com Inc. will, for a maximum period of 30 days upon
customer's request, maintain the Website's URL. At such URL,
Spiderweb-Solutions.com Inc. will provide one Web Page (including a hypertext
link) that Customer may use to direct its users to its new Website
or other URL of Customer's choosing. However,
Spiderweb-Solutions.com Inc. will
have no obligation to provide such referral if
Spiderweb-Solutions.com Inc.
reasonably believes Customer was engaged in activities on the
Website that violate any laws.
- Non-Transferability. Your account and the right to use our
services, equipment, and infrastructure, are non-transferable
unless we give our consent in writing. User agrees to protect
their account password and to keep it secure from unauthorized
users. If Spiderweb-Solutions.com Inc. discovers that the user's account is
being used improperly for any reason, Spiderweb-Solutions.com Inc., at its
discretion, can at any time suspend or cancel the user's account.
- Changes to Service. The services that we provide are expected
to change as technology changes and systems are upgraded. We
reserve the right to change any service or feature that we offer
with 10 days notice to you. This includes changes to network
access, and all system hardware and software.
- Customer Data. You are responsible for keeping a current and
complete copy of your Data in your own possession. Although we may
maintain backups of your data for disaster recovery purposes, it
is ultimately your responsibility to keep a copy of all files in
your own possession.
- Spiderweb-Solutions.com Inc. Limited Warranties.
Spiderweb-Solutions.com Inc. represents
that it will provide the quality and quantity of services, as
orderd by customer, and as described on the
Spiderweb-Solutions.com Inc.
website.
- Customer Warranties. Customer represents that it will not at
any time post, upload, display, or otherwise distribute any
Content that violates Spiderweb-Solutions.com Inc.'s Acceptable Use Policy
(below).
- Disclaimer of Warranties. EXCEPT AS SET FORTH HEREIN,
Spiderweb-Solutions.com Inc. AND CUSTOMER EACH EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN SOME CASES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. CUSTOMER MAY ALSO
HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
- Indemnification. Customer and
Spiderweb-Solutions.com Inc. each agree to
indemnify, defend and hold harmless the other from and against any
third party claim, action, suit, or proceeding arising out of the
inaccuracy of any respective representation stated in paragraphs 7
and 8 above. Such indemnity shall apply to all losses, damages,
liabilities, and reasonable attorney's fees and costs incurred by
the party receiving the benefit of this paragraph.
- Limitations on Liability. Subject to each party's respective
indemnity obligations in section 10, in no event shall either
party be liable for any special, incidental or consequential
damages, or for interrupted communications, lost data or lost
profits, arising out of or in connection with this Agreement
and/or Spiderweb-Solutions.com Inc.'s services. Some states do not allow the
exclusion of limitation of liability for incidental or
consequential damages, so the above limitation or exclusion may
not apply to Customer. Spiderweb-Solutions.com Inc.'s liability to Customer for
actual damages for any cause whatsoever, regardless of the form of
the action, will be strictly limited to a maximum of the total
fees paid by Customer to Spiderweb-Solutions.com Inc..
- Miscellaneous Provisions.
- This Agreement will be governed by California law without
giving effect to principles of conflict of laws. Both parties
agree to submit to jurisdiction in California, and that any
action brought regarding the enforcement or interpretation of
this Agreement shall be filed in San Diego County, California.
The prevailing party in any action will be entitled to
reasonable attorney's fees and costs.
- If any provision of this Agreement is held to be
unenforceable for any reason, the remaining provisions shall
remain in full force and effect.
- The waiver of any breach of this Agreement will not operate
as a waiver of any other or subsequent breach.
- This Agreement, including Appendix A and B (listed below),
constitutes the entire understanding and agreement between
Spiderweb-Solutions.com Inc. and Customer. This Agreement may only be amended
in writing signed by both parties.
- The parties to this Agreement are independent contractors,
and no agency, partnership, joint venture, or employer-employee
relationship is intended or created. Neither party shall have
the power to obligate or bind the other.
- Any notices required or permitted hereunder may be given by
electronic mail or fax if receipt is confirmed by the recipient,
or if the notice is also sent by first class mail. Notice will
be deemed given on the date the electronic mail is sent.
Spiderweb-Solutions.com
Inc. reserves the right to refuse
service to anyone at its sole discretion. Spiderweb-Solutions.com
Inc. may cancel
specials or promotions at any time for any reason.
Spiderweb-Solutions.com Inc. reserves the right to reject this Agreement
by notifying Customer by email within 96 hours of receipt of this
Agreement. Customer will receive a 100% refund if the Agreement is
rejected.
BY CREATING AN ACCOUNT, SUBMITTING THIS FORM, OR
SIGNING THIS DOCUMENT, THE CUSTOMER ACKNOWLEDGES READING THIS
AGREEMENT AND ENTERING INTO A LEGAL, BINDING CONTRACT WITH
(Spiderweb-Solutions.com Inc.). |
Acceptable use policy
Content
You may not upload any material,
transmit any message, link to any website, execute any program, or
otherwise use our services or infrastructure to engage in any
activity, that:
- Infringes on any copyright, trade secret rights or patent
rights of any third party;
- Violates any law or regulation, including without limitation
the laws and regulations governing export control;
- Solicits the performance of any illegal activity;
- Is defamatory or trade libelous;
- Is pornographic, or obscene;
- Contains nudity or adult matieral;
- Contains discriminatory or hate propaganda;
- Contains "warez", hacking-related material, or material which
promotes the illegal distribution of software;
- Contains viruses, Trojan horses, worms, time bombs, or
cancelbots;
- Contains any computer program or defect intended to damage a
computer system or its data;
- Attempts to gain unauthorized entry into another system or
service;
- Conceals the identity of a person or system, by forging
headers, or spoofing IP addresses, for example;
- Attempts to disable a system or service through the use of
denial-of-service (DOS) attacks;
- Collects ("harvests") email addresses from mailing lists,
newsgroups, or websites;
- Transmits unsolicited email in any amount;
- Results in multiple complaints from third parties.
Email
You may not transmit, or solicit the
transmission of, unsolicited email. You may not use unsolicited
email to link to, or drive traffic to, any website we host, or any
other service that we provide. We define "unsolicited email" to
include:
- SPAM;
- Unsolicited commercial email (UCE);
- Opt-out mailing lists;
- Any message sent to a mailing list which was created by
harvesting or collecting email addresses in any manner that does
not obtain EXPLICIT permission from its recipient(s);
- Any message sent in high volume for the purpose of disabling
or annoying its recipient(s);
- Any message that results in multiple complaints from its
recipient(s).
Newsgroups
You may not post
unacceptable content to any newsgroup, chatroom, or other public
forum. We define "unacceptable content" to include any message or
post that:
- Is posted to the same forum ten or more times;
- Is "cross-posted" to ten or more newsgroups;
- Is posted for the purpose of promotion of any product or
website;
- Is posted in defiance of a newsgroup charter, forum rules, or
FAQ;
- Is posted in high volume for the purpose of disabling or
annoying viewer(s);
- Results in multiple complaints from forum users.
Resources
Because all of our customers share
a common pool of resources, you may not monopolize our resources to
the detriment of others. If your resource utilization approaches
levels that might negatively impact other customers, we will notify
you, and you will be required to reduce resource utilization, or
purchase dedicated services. If your account severely impacts other
customers, we may temporarily suspend your account without notice.
You affect resource use in many ways, including:
- The rate and complexity of CGI scripts that you execute;
- The rate and complexity of database queries that you execute;
- The frequency that you use email, FTP, control panel, and
other services;
- The size and number of files that you upload to your website;
- The number of hits that your website receives;
- Your storage requirements, including email, database, and
website storage.
End-users only
Except as
set forth in our partnership program rules, including reseller and
affiliate programs, our services are provided for end-users only.
You may not "subhost" or resell any of our services, for fee or for
free, without our express written
consent.
Violation
If you violate these rules,
you may be subject to additional charges for the costs and time we
spend on diagnostics and troubleshooting, corresponding with legal
counsel, communicating with authorities, responding to complaints,
removing files, deleting unsolicited correspondence, and/or
suspending or terminating your account.
If we believe that
you are violating, or have violated these rules, we may, at our sole
discretion, immediately suspend or terminate your account without
notice. If we terminate your account, this does not release you from
liability for charges due and owing.
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Billing terms
Payments
We accept credit cards (Visa, MasterCard,
American Express, Discover), personal and business checks, cashier's
checks (bank drafts), money orders, and international money orders.
All payments must be in U.S. currency, and must be drawn on a U.S.
bank. Send check payments to: 7050 27th Street, Suite 502, Montreal
Quebec Canada. Overnight payments by express mail
can be mailed to the same address.
We accept wire transfers for amounts over two hundred
dollars; a $10.00 processing fee applies. When selecting your wire
transfer amount, please be sure to account for your own bank's
processing fees.
If you send us a check that is returned
unpaid (a "bounced check"), or if your credit card charge is
disputed by the issuing bank (a "chargeback"), we will charge you a
$25.00 processing fee, and assess the returned payment amount to
your account. If we suspect fraud, we may immediately suspend your
account without notice. If multiple payments from you are returned,
we will require that you pay by cashier's check or money
order.
Because we do not activate new accounts until payment
is received, we recommend that you initially pay using a credit
card.
Billing
For monthly recurring services,
you may choose to be billed monthly (credit card only), quarterly,
or annually. For all other services, pre-payment is normally
required.
Regardless of your billing period, we will email
you a monthly statement which shows recent billing activity. If you
require a paper statement, you can print a PDF version of your
statement from within your control panel. In some cases, we may
agree to send you a monthly statement by postal mail, however an
additional fee may apply.
If you elect to have us
automatically charge your credit card, we will do so approximately
14 days after we send your monthly statement. We will keep your
recurring credit card authorization on file until we receive written
or explicit instructions from you indicating
otherwise.
Delinquent accounts
If you fail to
pay your bill within 30 days, we will assess a monthly late payment
fee of 1.5% or $5.00, whichever is greater. This fee is considered
liquidated damages, and is not a penalty.
If you fail to pay
your bill within 60 days, we will assess an additional late payment
fee, and we will suspend your account. We will not reactivate a
suspended account until we receive payment in full, at which time it
will be subject to a $10.00 account reactivation fee. Although we
may suspend your account, you are not eligible for a pro-rated
refund for the time that your account was suspended.
If you
fail to pay your bill within 90 days, we will terminate your
account, at which time all files, emails, settings, and
configuration will be
deleted.
Cancellation
When you add services to
your account, you may receive special pricing in exchange for a term
or volume commitment. For example, setup fees are often waived on an
annual contract. If you request to cancel or alter your service in a
manner that would break that commitment, we may, at our sole
discretion: (a) reject your request, or (b) retroactively increase
any and all special pricing that you received, to the pricing that
you would have received had you not made such a
commitment.
In the event that you cancel your account or
downgrade a service, we will pro-rate and refund any monthly fees
that you paid for service not rendered. Fees for
non-monthly-recurring services, such as setup and domain
registration fees, are not refundable.
If you are owed a
refund originating from a credit card payment, we will only issue
the refund to that credit card. If you are owed a refund originating
from any other payment type, we will send a company check to the
billing contact that we have on file, within 30 days of your
request.
Satisfaction guarantee
We offer a
30-day satisfaction guarantee only on monthly recurring services and
corresponding setup fees, with certain exclusions. Domain
registration fees, custom services, dedicated services are not
eligible for our satisfaction guarantee. |
Privacy policy
This privacy policy discloses the privacy practices for, and
applies solely to information collected by, our website. It covers:
- What personally identifiable information is collected from you
through our website, how it is used and with whom it may be
shared;
- What choices are available to you regarding the use of your
data;
- The security procedures in place to protect the misuse of your
information;
- How you can correct any inaccuracies in the information.
Information collection, use, and sharing
We
are the sole owner of the information collected on our website. We
only collect information that you voluntarily give us via email, our
control panel system, our online order forms, and/or other direct
contact we have with you. We will not sell or rent this information
to anyone. This information includes your name, address, phone
number, fax number, email address, and credit card information
required to establish service.
When you contact us, we will
use your information to respond to your question, or to provide you
with information regarding our services. We will not share your
information with any third party outside of our organization, other
than as necessary to fulfill your request.
Unless you ask us
not to, we may contact you via email, phone, fax, or mail in the
future to tell you about specials, new products or services, or
changes to our policies.
Your access to and control over
information
To view and update the information that we
have about you, please logon to your account control panel by
visiting our website, and clicking the "Login"
button.
Security
We take precautions to protect
your information. When you submit sensitive information via the
website, your information is protected both online and
offline.
Whenever we collect sensitive information, that
information is encrypted and transmitted to us in a secure way. You
can verify this by looking for a "closed-lock" icon at the bottom of
your web browser, or by looking for "https" in the location bar of
your web browser.
While we use encryption to protect
sensitive information transmitted online, we also protect your
information offline. Only employees who need the information to
perform a specific job (for example, billing or customer service)
are granted access to personally identifiable information. The
systems in which we store personally identifiable information are
kept in a secure environment.
Cookies
We use
"cookies" on this site. A cookie is a small piece of data stored on
your hard drive that help us improve your access to our site, and
helps us to identify repeat visitors to our site. These cookies are
primarily used to store configuration information in your account
control panel, and never contain personally identifiable
information.
Links to other websites
Our
website contains links to other websites. Please be aware that we
are not responsible for the content or privacy practices of such
other websites. We encourage you to be aware when you leave our
website, and to read the privacy policy of any other website that
collects personally identifiable information.
If you feel
that we are not abiding by this privacy policy, please contact
us immediately.
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Personal Data Statement for Domain Registration
Information you must provide. In visiting our site, you are
required to provide information (a) to register a domain name, (b)
to update information about a domain name previously registered, or
(c) to submit questions about our service. To register a domain
name, you are required to provide the name you are registering; your
name and postal address (or those of the person for whom you are
registering the name); technical information about the computer with
which the domain name will be associated; and the name, postal
address, e-mail address, and voice and (where available) fax
telephone numbers for the technical, administrative, billing, and
zone contacts for the domain name. Once the domain name has been
registered, your registration agreement requires you to correct and
update this data promptly. If you submit a question about our
service, you will be asked to provide your name, telephone number,
and e-mail address.
Why you must provide the information.
The information you provide when registering a domain name (or
correcting or updating registration information) is required to
allow the Internet to associate the domain name with your computer,
to allow us to properly handle your account (including notifying you
at renewal time), and to permit others operating or using the
Internet to easily contact you to resolve issues that arise in
connection with the domain name. It will also be stored under a data
escrow program to keep the domain name operating in the event we
leave the domain-name registration business. When you submit a
question to our website, contact information is needed so that we
can respond.
Who will receive the information. We will
provide information you submit in registering a domain name or
updating related information to our own employees and consultants,
to the administrator of the registry for the top-level domain in
which you are registering (currently Network Solutions, Inc. for
.com, .net, and .org), to operators and users of the Internet making
Whois queries concerning your domain-name registration, to the
Internet Corporation for Assigned Names and Numbers (ICANN) (which
provides technical coordination for the Internet), and to escrow
agents, auditors, Whois service providers, and replacement
registrars that ICANN may designate.
In addition, unless you
instruct us otherwise we may periodically provide your registration
information to other companies for inclusion in value-added Internet
database and search services.
Information you provide in
asking questions about our service may be given to our employees and
consultants and, upon its request, to ICANN.
Protection of
your information. We will take reasonable precautions to protect
your personal information from loss, misuse, unauthorized access or
disclosure, alteration, or destruction.
Accessing,
correcting, and updating information. You are required to correct
any erroneous or out-of-date contact information concerning your
registration. You can access the information you provide, correct
it, and update it by visiting our website at
http://www.Spiderweb-Solutions.com Inc..com/.
Information you provide about
others. In providing personal information about other individuals
(such as someone in whose name you are registering or the domain
name's technical or billing contacts), you represent that you have
notified them of the purposes for which the information will be
used, the recipients of the information, and how they can access and
correct the information, and that you have obtained their consent.
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Terms for domain registration
Definitions
"You", "your", and "yours" refer to
the person or organization purchasing the Domain Name.
"We",
"our", and "ours" refer to TierraNet Inc. d/b/a
Spiderweb-Solutions.com Inc., an
ICANN-accredited registrar which registers Domain Names in various
TLDs.
"Domain Name" refers to any second-level or third-level
domain of the Internet Domain Name System (DNS).
"Registry"
refers to the applicable technical systems and processes which
Registrars use to coordinate Domain Name
registration.
"Registry Administrator" refers to the company
that administers or operates the applicable Registry. This includes,
but is not limited to:
- Verisign Inc., in the case of .COM, .NET, .CC, .BZ, and .TV
domains;
- Public Interest Registry, in the case of .ORG domains;
- Neulevel, Inc., in the case of .BIZ, .CN, and .TW domains;
- Afilias Limited, in the case of .INFO and .LA domains;
- NeuStar, Inc., in the case of .US domains;
- Global Name Registry Limited, in the case of .NAME domains;
- Global Domains International, in the case of .WS domains;
- WorldNames, Inc., in the case of .NU domains;
- European Registry for Internet Domains vzw / asbl (EurID), in
the case of .EU domains;
- mTLD Top Level Domain Ltd., in the case of .MOBI domains;
- CentralNic Ltd., in the case of alternative cc.COM domains
such as US.COM and UK.COM
Effective
date
This agreement commences on the date that you
request registration, transfer, or renewal of the Domain Name, or on
the date that you make payment of registration fees for the Domain
Name, whichever is later. This agreement applies separately to each
Domain Name that you register.
Our
responsibilities
As a registrar, it is our responsibility
to register your Domain Name by submitting the Domain Name, contact
information, nameserver information, and other information necessary
for the creation and maintenance of the Domain Name, to the
applicable Registry Administrator. It is also our responsibility to
bill you for registration fees, to maintain your contact
information, and to provide you with a means of updating your
contact and nameserver information for the Domain
Name.
Your reponsibilities
When you register a
Domain Name, you are required to provide us with accurate and
reliable contact information, including your full name, postal
address, email address, voice telephone number, and fax number, if
available. You must designate the legal owner of the Domain Name,
and in the case that the owner is an organization, association or
corporation, the name of an authorized person for contact purposes.
It is your responsibility to promply correct and update this
information throughout the term of the Domain Name
registration.
If you willfully provide us with inaccurate or
unreliable contact information, if you fail to promptly update
information, or if you fail to respond within fifteen calendar days
to our inquiries regarding the accuracy of the information you
provide, this will constitute a material breach of this agreement,
and will be sufficient basis for cancellation of the Domain
Name.
Your representations
You represent that,
to the best of your knowledge and belief, neither the registration
of the Domain Name nor the manner in which it is directly or
indirectly used, infringes on the legal rights of any third
party.
If you intend to license the use of the Domain Name to
a third party, you are nonetheless the owner of record, and you are
responsible for providing your own full contact information, and for
providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems
that arise in connection with the Domain Name. If you license the
use of the Domain Name according to this provision, you accept
liability for harm caused by wrongful use of the Domain Name, unless
you promptly disclose the identity of the licensee to a party
providing reasonable evidence of actionable harm.
You agree
that registration of the Domain Name is subject to suspension,
cancellation, or transfer pursuant to any ICANN-adopted policy, or
pursuant to any Registrar or Registry policy not inconsistent with
any ICANN-adopted policy: (1) to correct mistakes by any Registrar,
Registry, or Registry Administrator; (2) for the resolution of
disputes concerning the Domain Name; and/or (3) pursuant to an order
issued by a court or arbitral tribunal.
You acknowledge and
agree that you have the sole responsibility to protect and defend
your Domain Name by appropriate legal action.
You acknowledge
that you have read and understand Spiderweb-Solutions.com Inc.'s Personal Data
Statement and Domain Name Dispute Resolution
Policy.
Ownership
The person or organization
that you designate as the legal owner of the Domain Name at the
commencement of this agreement will be the legal owner of the Domain
Name. Although we will accept changes to organizational contact
information via the control panel, our record of the legal owner can
only be changed by following our change of legal owner procedure:
(1) you must pay any outstanding balance on your account; (2) you
must send us a signed form describing your intent to relinquish
ownership of the Domain Name to another party; (3) you must
establish your identity as the current legal owner; (4) you must pay
a $25.00 processing fee; (5) the new Domain Name owner must indicate
their acceptance of the terms of this agreement.
Domain
name dispute resolution
You agree to be bound by our
Domain Name Dispute Resolution
Policy.
Indemnification
You agree to indemnify
and hold harmless the Registry Administrator and its directors,
officers, employees, and agents from and against any and all claims,
damages, liabilities, costs and expenses (including reasonable legal
fess and expenses) arising out of or related to the Domain Name
registration.
Amendment A: Additional terms for .biz domain
names.
- 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: a) To exchange goods,
services, or property of any kind; b) In the ordinary course of
trade or business; or c) To facilitate (i) the exchange of goods,
services, information, or property of any kind; or, (ii) the
ordinary course of trade or business. Registering a domain 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: (a) 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. For more information on the .biz restrictions, which
are incorporated herein by reference, please see:
http://www.neulevel.com/countdown/registrationRestrictions.html
(b) The domain name registrant has the authority to enter into the
registration agreement; and (c) The registered domain name is
reasonably related to the registrant's business or intended
commercial purpose at the time of registration.
- PROVISION OF REGISTRATION DATA.
- Provision of Registration Data. As part of the registration
process, you are required to provide us with certain information
and to update this information to keep it current, complete and
accurate. This information includes (i) your full name, postal
address, e mail address, voice telephone number, and fax number
if available; (ii) the name of an authorized person for contact
purposes in the case of a registrant that is an organization,
association, or corporation; (iii) the IP addresses of the
primary nameserver and any secondary nameserver(s) for the
domain 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 billing contact for
the domain name; and (viii) any remark concerning the registered
domain name that should appear in the Whois directory. You agree
and understand that the foregoing registration data will be
publicly available and accessible on the Whois directory as
required by ICANN/Registry Policy and may be sold in bulk in
accordance with the ICANN Agreement.
- Inaccurate or Unreliable Data. You hereby represent and
warrant that the data provided in the domain name registration
application is true, correct, up to date and complete and that
you will continue to keep all the information provided up to
date. Your willful provision of inaccurate or unreliable
information, your willful failure promptly to update information
provided to us, or any failure to respond for over five calendar
days to our inquiries addressed to the e-mail address of the
administrative, billing or technical contact then appearing in
the Whois directory with respect to an domain name concerning
the accuracy of contact details associated with any
registration(s) or the registration of any domain name(s)
registered by or through you or your account, shall constitute a
breach of this Agreement. Any information collected by us
concerning an identified or identifiable natural person
("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this
Agreement and as required or permitted by the ICANN Agreement or
any ICANN/Registry Policy.
- 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:
(i) The Uniform Domain Name Dispute Resolution Policy, available
at http://www.icann.org/udrp/udrp.htm. (ii) The Start-up
Trademark Opposition Policy ("STOP"), available at
http://www.neulevel.com/countdown/stop.html; and (iii) The
Restrictions Dispute Resolution Criteria and Rules, available at
http://www.neulevel.com/countdown/rdrp.html. The STOP sets forth
the terms and conditions in connection with a dispute between a
registrant of a .biz domain 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 the
registry operator, in its sole discretion, may modify its
dispute policy. The registry operator will post any such revised
policy on its 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.
- 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. Spiderweb-Solutions.com Inc. 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 Spiderweb-Solutions.com Inc. and/or NeuLevel,
Inc., as well as thier affiliates, subsidiaries, officers,
directors and employees. Spiderweb-Solutions.com Inc. and NeuLevel, Inc. also
reserve the right to freeze a domain name during resolution of a
dispute.
Amendment B: Additional terms for
.info domain names.
- Registrant consents to the use, copying, distribution,
publication, modification, and other processing of the
Registrant's Personal Data by the .INFO registry operator, and its
designees and agents in a manner consistent with the purposes
specified pursuant in its contract with ICANN, available at
http://www.icann.org/tlds/
- Registrant agrees to submit to proceedings under the UDRP and
comply with the requirements set forth by the registry operator
for domain names registered during the Sunrise Period, including
the mandatory Sunrise Dispute Resolution Policy, available at
http://www.afilias.info/faq/sunrise-challenge.html . These
policies are subject to modification by the registry operator.
- Registrant agrees to immediately correct and update the
registration information for any domain name during its
registration term, failure to correct this information shall
constitute a breach of this Agreement.
- Registrant acknowledges 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 domain name
during either the Sunrise or Land Rush periods, and (b) the
results of any dispute over a domain name registration which is
processed during the Sunrise period.
- Registrar and the registry operator 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 applicable dispute resolution process, or to
avoid any liability, civil or criminal, on the part of Registrar
and/or the registry operator as well as their affiliates,
subsidiaries, officers, directors and employees. Registrar and the
registry operator also reserve the right to freeze a domain name
during resolution of a dispute.
Amendment C: Additional
terms for .name domain names.
.name
RESTRICTIONS
Registrations in the .name TLD must constitute
an individual's "Personal Name". For purposes of the .name
restrictions (the "Restrictions"), a "Personal Name" is a person's
legal name, or a name by which the person is commonly known. A "name
by which a person is commonly known" includes, without limitation, a
pseudonym used by an author or painter, or a stage name used by a
singer or actor.
.name CERTIFICATIONS
As a .name
domain name Registrant, you hereby certify to the best of your
knowledge that:
- You have the authority to enter into this Agreement; and
- The registered domain name or .name email address is your
Personal Name.
PROVISION OF REGISTRATION DATA
- As part of the registration process, you are required to
provide us with certain information and to update this information
to keep it current, complete and accurate. This information
includes the information contained in the Whois directory,
including: (i) your full name and postal address, email address,
voice telephone number, and fax number, if available; (ii) the IP
addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name; (iii) the full name, postal
address, email address, voice telephone number, and fax number, if
available, of the technical contact for the domain name; (iv) the
full name, postal address, email address, voice telephone number,
and fax number if available of the administrative contact for the
domain name; (v) the name, postal address, email address, voice
telephone number, and fax number, if available, of the billing
contact for the domain name. You agree and understand that the
foregoing registration data will be publicly available and
accessible on the Whois directory as required by Internet
Corporation for Assigned Names and Numbers ("ICANN"). You further
understand that the foregoing registration data may be transferred
outside of the European Community, such as to the United States,
and you expressly consent to such export.
- You hereby represent and warrant the data provided in the
registration application is true, correct, up-to-date and complete
and that you will continue to keep all of the information provided
up-to-date. Your willful provision of inaccurate or unreliable
information, your willful failure promptly to update information
provided to us, or any failure to respond to our inquiries
addressed to the email address of the administrative, billing or
technical contact then appearing in the Whois directory with
respect to a domain name concerning the accuracy of contact
details associated with any registration(s) or the registration of
any domain name(s) registered by or through you or your account
shall constitute a breach of this Agreement. Any information
collected by us concerning an identified or identifiable natural
person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this
Agreement and as required or permitted by the ICANN Agreement or
an ICANN Policy. The Global Name Registry, Limited ("Registry
Operator") may share your personal data with third parties that
act as subcontractors to it for the purposes of this Agreement,
and you agree that your personal data may be shared with Registry
Operator's subcontractors. You also agree that from time to time,
Registry Operator may share some of your personal data, such as
your address and postcode, with third parties who are conducting,
on behalf of Registry Operator, market analysis.
DOMAIN
NAME DISPUTE POLICY
If you reserved or registered a .name
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. 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:
- the Eligibility Requirements (the "Eligibility Requirements"),
available at http://www.name/corporate/page/72/124/index.html;
- the Eligibility Requirements Dispute Resolution Policy (the
"ERDRP"), available at
http://www.name/corporate/downloads/erdrp.pdf; and
- the Uniform Domain Name Dispute Resolution Policy (the
"UDRP"), available at
http://www.icann.org/urdrp-policy-24oct99.htm.
Personal
Name domain names and Personal Name email addresses will be granted
on a first-come, first-served basis, except for registrations
granted as a result of a dispute resolution proceeding. According to
the Eligibility Requirements, the following categories of Personal
Name Registrations may be registered: (i) the Personal Name of an
individual; (ii) the Personal Name of a fictional character, if you
have trademark or service mark rights in that character's Personal
Name; (iii) in addition to a Personal Name registration, you may add
numeric characters to the beginning or the end of your Personal Name
so as to differentiate it from other Personal Names.
The
ERDRP applies to challenges to (i) registered domain names and email
address registrations within .name on the grounds that a Registrant
does not meet the Eligibility Requirements, and (ii) to Defensive
Registrations within .name.
The UDRP applies to complaints by
trademark or service mark owner concerning the registration and use
of an Internet domain name registered by a Registrant.
DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree
that the Registry Operator may modify the dispute policy from time
to time. Registry Operator will post any such revised policy on its
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 or .name email address 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 Spiderweb-Solutions.com Inc. 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.
.NAME EMAIL
- The service for which you have registered may, at your option,
include .name Email. To the extent you opt to use .name Email, you
are obliged to do so in accordance with all applicable legislation
and are responsible for all use of .name Email, including the
content of messages sent through .name Email.
- You undertake to familiarize yourself with the content of and
to comply with the generally accepted rules for Internet and email
usage. This includes, but is not limited to the Acceptable Use
Policy, available at http://www.name/corporate/downloads/aup.pdf,
as well as the following restrictions. Without prejudice to the
foregoing, you undertake not to use .name Email:
-
- to encourage, allow or participate in any form of illegal or
unsuitable activity, including but not restricted to the
exchange of threatening, obscene or offensive messages,
spreading computer viruses, breach of copyright and/or
proprietary rights or publishing defamatory material;
- to gain illegal access to systems or networks by
unauthorized access to or use of the data in systems or
networks, including all attempts at guessing passwords, checking
or testing the vulnerability of a system or network or breaching
the security or access control without the sufficient approval
of the owner of the system or network;
- to interrupt data traffic to other users, servers or
networks, including, but not restricted to, mail bombing,
flooding, Denial of Service (DoS) attacks, willful attempts to
overload another system or other forms of harassment; or
- for spamming, which includes, but is not restricted to, the
mass mailing of unsolicited email, junk mail, the use of
distribution lists (mailing lists) which include persons who
have not specifically given their consent to be placed on such a
distribution list
- Users are not permitted to provide false names or in any other
way to pose as somebody else when using .name Email.
- Registry Operator reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with a
history of abuse from entering Registry Operator's .name Email.
- You understand and agree that Registry Operator may delete
material that does not conform to clause (c) above or that in some
other way constitutes a misuse of .name Email. You further
understand and agree that Registry Operator is at liberty to block
your access to .name Email if you use .name Email in a way that
contravenes this Agreement. You will be given prior warning of
discontinuation of the .name Email unless it would damage the
reputation of Registry Operator or jeopardize the security of
Registry Operator or others to do so. Registry Operator reserves
the right to immediately discontinue Email Forwarding without
notice if the technical stability of .name Email is threatened in
any way, or if you are in breach of this Agreement. On
discontinuing .name Email, Registry Operator is not obliged to
store any contents or to forward unsent email to you or a third
party.
- You understand and agree that to the extent Registry Operator
is required by law to disclose certain information or material in
connection with your .name Email, Registry Operator will do so in
accordance with such requirement and without notice to you.
RESERVATION OF RIGHTS
Spiderweb-Solutions.com Inc. and Registry
Operator 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
Spiderweb-Solutions.com Inc. and/or Registry Operator, as well as their
affiliates, subsidiaries, officers, directors and employees.
Spiderweb-Solutions.com Inc. and Registry Operator also reserve the right to
freeze a domain name during a resolution of a
dispute.
LIMITATION OF LIABILITY
You agree that
Registry Operator 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, your
ability or inability to obtain a .name domain name or .name Email
address registration using these processes; or (ii) any dispute over
any .name domain name, .name Email address, Defensive Registration
or NameWatch Registration, including the decision of any dispute
resolution proceeding related to any of the
foregoing.
INDEMNIFICATION
You agree to indemnify,
defend and hold harmless Registry Operator, and its directors,
officers, employees, affiliate 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 breach of this Agreement. This indemnification obligation will
survive the termination or expiration of this
Agreement.
COMPLIANCE WITH TERMS AND CONDITIONS
Registrar shall comply with the following:
- ICANN standards, policies, procedures, and practices for which
Registry Operator has monitoring responsibility in accordance with
the Registry Agreement or under any other arrangement with ICANN;
and
- operational standards, policies, procedures, and practices for
the Registry TLD established from time to time by Registry
Operator in a non-arbitrary manner and applicable to all
registrars, including affiliates of Registry Operator, and
consistent with ICANN's standards, policies, procedures, and
practices and Registry Operator's Registry Agreement with ICANN.
Among Registry Operator's operational standards, policies,
procedures, and practices are those set forth in Exhibit E of the
Registry-Registrar Agreement, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised Registry Operator operational standards,
policies, procedures, and practices for the Registry TLD shall be
effective upon thirty (30) days notice by Registry Operator to
Registrar.
Amendment D: Additional terms for .us domain
names.
You agree to additional terms of .us registration
list on the .us Registry website located at
http://www.neustar.us/policies/index.html
US Nexus
Requirement
Customers applying for registration of a .us
domain name must be:
- A natural person (i) who is a citizen or 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
- 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 or territories, or
- An entity or organization (including a federal, state, or
local government of the United States, or a political subdivision
thereof) that has a bona fide presence in the United States.
US Name Server Requirement
The name servers listed
in connection with the .us domain name must be located within the
United States.
Amendment E: Additional terms for .mobi
domain names.
Registered Name Holder shall: 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 the Registered Name Holder's domain name
registration and or use, and this indemnification obligation survive
the termination or expiration of the registration 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
the Registered Name Holder's domain name registration and or use,
and indemnification obligation survive the termination or expiration
of the registration 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 TierraNet 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. Comply with ICANN requirements,
standards, policies, procedures, and practices for which Registry
Operator has monitoring responsibility in accordance with the
Registry Agreement or other arrangement with ICANN; 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; Consent to the use, copying,
distribution, publication, modification and other processing of
Registered Name Holder's Personal Data by Registry Operator and its
designees and agents in a manner consistent with the purposes
specified pursuant to Subsection 2.6 and with relevant mandatory
local data protection, laws and privacy; Submit to proceedings
commenced under ICANN's Uniform Domain Name Dispute Resolution
Policy ("UDRP"); Immediately correct and update the registration
information for the registered Name during the registration term for
the Registered Name; 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. Acknowledge and agree
that the Registry and Registry Services Provider, acting in consent
with the Registry, 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 the Registry 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 the Registry or any registrar in connection
with a domain name registration, and the Registry also reserves the
right to freeze a Registered Name during resolution of a dispute.
Acknowledge and agree that they must comply with the
requirements, standards, policies, procedures and practices set
forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the
monitoring of the website as described in the dotmobi Style Guide
monitoring guidelines (www.mtld.mobi) for compliance with the Style
Guide. Furthermore, Registrant acknowledges and agrees that this
Style Guide is subject to modification by the Registry with any such
changes appearing at the previously designated URL, and that
Registrant must promptly comply with any such changes in the time
allotted. 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. Registrant acknowledges and agrees that they must
comply with the requirements, standards, policies, procedures, and
practices set forth in the dotmobi Style Guide (www.mtld.mobi) and
consent to the monitoring of the website as described in the dotmobi
Style Guide monitoring guidelines (www.mtld.mobi) for compliance
with the Style Guide.
Furthermore, Registrant acknowledges
and agrees that this Style Guide is subject to modification by the
Registry with any such changes appearing at the previously
designated URL, and that Registrant must promptly comply with any
such changes in the time allotted.
|
Domain Name Dispute Resolution Policy (UDRP)
- Purpose. This Uniform Domain Name Dispute Resolution Policy
(the "Policy") has been adopted by the Internet Corporation for
Assigned Names and Numbers ("ICANN"), is incorporated by reference
into your Registration Agreement, and sets forth the terms and
conditions in connection with a dispute between you and any party
other than us (the registrar) over the registration and use of an
Internet domain name registered by you. Proceedings under
Paragraph 4 of this Policy will be conducted according to the
Rules for Uniform Domain Name Dispute Resolution Policy (the
"Rules of Procedure"), which are available at
www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected
administrative-dispute-resolution service provider's supplemental
rules.
- Your Representations. By applying to register a domain name,
or by asking us to maintain or renew a domain name registration,
you hereby represent and warrant to us that (a) the statements
that you made in your Registration Agreement are complete and
accurate; (b) to your knowledge, the registration of the domain
name will not infringe upon or otherwise violate the rights of any
third party; (c) you are not registering the domain name for an
unlawful purpose; and (d) you will not knowingly use the domain
name in violation of any applicable laws or regulations. It is
your responsibility to determine whether your domain name
registration infringes or violates someone else's rights.
- Cancellations, Transfers, and Changes. We will cancel,
transfer or otherwise make changes to domain name registrations
under the following circumstances:
- subject to the provisions of Paragraph 8, our receipt of
written or appropriate electronic instructions from you or your
authorized agent to take such action;
- our receipt of an order from a court or arbitral tribunal,
in each case of competent jurisdiction, requiring such action;
and/or
- our receipt of a decision of an Administrative Panel
requiring such action in any administrative proceeding to which
you were a party and which was conducted under this Policy or a
later version of this Policy adopted by ICANN. (See Paragraph
4(i) and (k) below.)
We may also cancel, transfer or
otherwise make changes to a domain name registration in accordance
with the terms of your Registration Agreement or other legal
requirements.
- Mandatory Administrative Proceeding.
This Paragraph
sets forth the type of disputes for which you are required to
submit to a mandatory administrative proceeding. These proceedings
will be conducted before one of the
administrative-dispute-resolution service providers listed at
www.icann.org/udrp/approved-providers.htm (each, a "Provider").
- Applicable Disputes. You are required to submit to a
mandatory administrative proceeding in the event that a third
party (a "complainant") asserts to the applicable Provider, in
compliance with the Rules of Procedure, that
-
- your domain name is identical or confusingly similar to a
trademark or service mark in which the complainant has rights;
and
- you have no rights or legitimate interests in respect of
the domain name; and
- your domain name has been registered and is being used in
bad faith.
In the administrative proceeding,
the complainant must prove that each of these three elements are
present.
- Evidence of Registration and Use in Bad Faith. For the
purposes of Paragraph 4(a)(iii), the following circumstances, in
particular but without limitation, if found by the Panel to be
present, shall be evidence of the registration and use of a domain
name in bad faith:
-
- circumstances indicating that you have registered or you
have acquired the domain name primarily for the purpose of
selling, renting, or otherwise transferring the domain name
registration to the complainant who is the owner of the
trademark or service mark or to a competitor of that
complainant, for valuable consideration in excess of your
documented out-of-pocket costs directly related to the domain
name; or
- you have registered the domain name in order to prevent the
owner of the trademark or service mark from reflecting the mark
in a corresponding domain name, provided that you have engaged
in a pattern of such conduct; or
- you have registered the domain name primarily for the
purpose of disrupting the business of a competitor; or
- by using the domain name, you have intentionally attempted
to attract, for commercial gain, Internet users to your website
or other on-line location, by creating a likelihood of confusion
with the complainant's mark as to the source, sponsorship,
affiliation, or endorsement of your website or location or of a
product or service on your website or location.
- How to Demonstrate Your Rights to and Legitimate Interests in
the Domain Name in Responding to a Complaint. When you receive a
complaint, you should refer to Paragraph 5 of the Rules of
Procedure in determining how your response should be prepared. Any
of the following circumstances, in particular but without
limitation, if found by the Panel to be proved based on its
evaluation of all evidence presented, shall demonstrate your
rights or legitimate interests to the domain name for purposes of
Paragraph 4(a)(ii):
-
- before any notice to you of the dispute, your use of, or
demonstrable preparations to use, the domain name or a name
corresponding to the domain name in connection with a bona fide
offering of goods or services; or
- you (as an individual, business, or other organization) have
been commonly known by the domain name, even if you have
acquired no trademark or service mark rights; or
- you are making a legitimate noncommercial or fair use of the
domain name, without intent for commercial gain to misleadingly
divert consumers or to tarnish the trademark or service mark at
issue.
- Selection of Provider. The complainant shall select the
Provider from among those approved by ICANN by submitting the
complaint to that Provider. The selected Provider will administer
the proceeding, except in cases of consolidation as described in
Paragraph 4(f).
- Initiation of Proceeding and Process and Appointment of
Administrative Panel. The Rules of Procedure state the process for
initiating and conducting a proceeding and for appointing the
panel that will decide the dispute (the "Administrative Panel").
- Consolidation. In the event of multiple disputes between you
and a complainant, either you or the complainant may petition to
consolidate the disputes before a single Administrative Panel.
This petition shall be made to the first Administrative Panel
appointed to hear a pending dispute between the parties. This
Administrative Panel may consolidate before it any or all such
disputes in its sole discretion, provided that the disputes being
consolidated are governed by this Policy or a later version of
this Policy adopted by ICANN.
- Fees. All fees charged by a Provider in connection with any
dispute before an Administrative Panel pursuant to this Policy
shall be paid by the complainant, except in cases where you elect
to expand the Administrative Panel from one to three panelists as
provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which
case all fees will be split evenly by you and the complainant.
- Our Involvement in Administrative Proceedings. We do not, and
will not, participate in the administration or conduct of any
proceeding before an Administrative Panel. In addition, we will
not be liable as a result of any decisions rendered by the
Administrative Panel.
- Remedies. The remedies available to a complainant pursuant to
any proceeding before an Administrative Panel shall be limited to
requiring the cancellation of your domain name or the transfer of
your domain name registration to the complainant.
- Notification and Publication. The Provider shall notify us of
any decision made by an Administrative Panel with respect to a
domain name you have registered with us. All decisions under this
Policy will be published in full over the Internet, except when an
Administrative Panel determines in an exceptional case to redact
portions of its decision.
- Availability of Court Proceedings. The mandatory
administrative proceeding requirements set forth in Paragraph 4
shall not prevent either you or the complainant from submitting
the dispute to a court of competent jurisdiction for independent
resolution before such mandatory administrative proceeding is
commenced or after such proceeding is concluded. If an
Administrative Panel decides that your domain name registration
should be canceled or transferred, we will wait ten (10) business
days (as observed in the location of our principal office) after
we are informed by the applicable Provider of the Administrative
Panel's decision before implementing that decision. We will then
implement the decision unless we have received from you during
that ten (10) business day period official documentation (such as
a copy of a complaint, file-stamped by the clerk of the court)
that you have commenced a lawsuit against the complainant in a
jurisdiction to which the complainant has submitted under
Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that
jurisdiction is either the location of our principal office or of
your address as shown in our Whois database. See Paragraphs 1 and
3(b)(xiii) of the Rules of Procedure for details.) If we receive
such documentation within the ten (10) business day period, we
will not implement the Administrative Panel's decision, and we
will take no further action, until we receive (i) evidence
satisfactory to us of a resolution between the parties; (ii)
evidence satisfactory to us that your lawsuit has been dismissed
or withdrawn; or (iii) a copy of an order from such court
dismissing your lawsuit or ordering that you do not have the right
to continue to use your domain name.
- All Other Disputes and Litigation. All other disputes between
you and any party other than us regarding your domain name
registration that are not brought pursuant to the mandatory
administrative proceeding provisions of Paragraph 4 shall be
resolved between you and such other party through any court,
arbitration or other proceeding that may be available.
- Our Involvement in Disputes. We will not participate in any
way in any dispute between you and any party other than us
regarding the registration and use of your domain name. You shall
not name us as a party or otherwise include us in any such
proceeding. In the event that we are named as a party in any such
proceeding, we reserve the right to raise any and all defenses
deemed appropriate, and to take any other action necessary to
defend ourselves.
- Maintaining the Status Quo. We will not cancel, transfer,
activate, deactivate, or otherwise change the status of any domain
name registration under this Policy except as provided in
Paragraph 3 above.
- Transfers During a Dispute.
- Transfers of a Domain Name to a New Holder. You may not
transfer your domain name registration to another holder (i)
during a pending administrative proceeding brought pursuant to
Paragraph 4 or for a period of fifteen (15) business days (as
observed in the location of our principal place of business)
after such proceeding is concluded; or (ii) during a pending
court proceeding or arbitration commenced regarding your domain
name unless the party to whom the domain name registration is
being transferred agrees, in writing, to be bound by the
decision of the court or arbitrator. We reserve the right to
cancel any transfer of a domain name registration to another
holder that is made in violation of this subparagraph.
- Changing Registrars. You may not transfer your domain name
registration to another registrar during a pending
administrative proceeding brought pursuant to Paragraph 4 or for
a period of fifteen (15) business days (as observed in the
location of our principal place of business) after such
proceeding is concluded. You may transfer administration of your
domain name registration to another registrar during a pending
court action or arbitration, provided that the domain name you
have registered with us shall continue to be subject to the
proceedings commenced against you in accordance with the terms
of this Policy. In the event that you transfer a domain name
registration to us during the pendency of a court action or
arbitration, such dispute shall remain subject to the domain
name dispute policy of the registrar from which the domain name
registration was transferred.
- Policy Modifications. We reserve the right to modify this
Policy at any time with the permission of ICANN. We will post our
revised Policy at /new_dispute.html at least thirty (30) calendar
days before it becomes effective. Unless this Policy has already
been invoked by the submission of a complaint to a Provider, in
which event the version of the Policy in effect at the time it was
invoked will apply to you until the dispute is over, all such
changes will be binding upon you with respect to any domain name
registration dispute, whether the dispute arose before, on or
after the effective date of our change. In the event that you
object to a change in this Policy, your sole remedy is to cancel
your domain name registration with us, provided that you will not
be entitled to a refund of any fees you paid to us. The revised
Policy will apply to you until you cancel your domain name
registration.
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Additional terms for dial up internet access
Spiderweb-Solutions.com Inc. SERVICES The usage allowed with
Spiderweb-Solutions.com Inc.
dialup product are limited to 200 hours on a rolling 30 days basis.
All services are prepay.
CAMPING ON Spiderweb-Solutions.com
Inc.
NETWORK While you are free to dial in at any time, these are not
dedicated connections. When you are not actively using the system,
Spiderweb-Solutions.com Inc. requests that you log off to ensure that connections
are available for other active users. Spiderweb-Solutions.com Inc. may utilize
detection programs to ensure that users are not using automated
programs just to keep the connection alive. If your usage exceeds
200 hours per month, Spiderweb-Solutions.com Inc. reserves the right to
discontinue service or reprice the user pricing to more closely
reflect actual usage. Spiderweb-Solutions.com Inc. may terminate service in
accordance with the Termination and Suspension policy outlined
above.
SOFTWARE Spiderweb-Solutions.com Inc. services may allow users to
link to other Internet software that is "shareware" or "freeware."
Spiderweb-Solutions.com Inc. is not the author of, or otherwise responsible for,
any such software nor is Spiderweb-Solutions.com Inc. actively engaged in the sale
or licensing of such software. Spiderweb-Solutions.com Inc. makes no warranty of
any kind, either expressed or implied, with respect to freeware or
shareware available to users. Spiderweb-Solutions.com Inc. accepts no liability of
any kind with respect to such software or any damages resulting from
use thereof. The user assumes all risk of all kinds with respect to
such software. The user, and not Spiderweb-Solutions.com Inc., shall pay any and
all shareware license fees. The user cannot assert any claim against
Spiderweb-Solutions.com Inc. with respect to any shareware or freeware obtained
while using Spiderweb-Solutions.com Inc. services.
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Digital Millenium Copyright Act (DMCA)
For problems arising under the Digital Millennium Copyright Act,
please contact us at:
Spiderweb-Solutions.com Inc. 7050
27th Avenue, Suite 502 Montreal, Quebec, Canada (514) 217-5126 (514)
728-6180
(fax) e-mail@Spiderweb-Solutions.com
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Termination and Suspension
Spiderweb-Solutions.com Inc. may, at its sole discretion, terminate the user's
account at any time with or without cause. Spiderweb-Solutions.com
Inc. also may,
at its sole discretion, suspend a user's account at any timewith or
without cause. Termination or suspension for cause does not release
the user from liability for charges due and owing.
Spiderweb-Solutions.com Inc. may delete all data, files or other
information that is stored in user's account upon termination. If
payment has not been made pursuant to these terms and conditions,
Spiderweb-Solutions.com Inc. may exercise it's right to delete data files stored
in the user's account. Spiderweb-Solutions.com Inc. may, at its sole discretion,
terminate or suspend any user's account in order to satisfy the safe
harbor provisions of the Digital Millennium Copyright Act.
Spiderweb-Solutions.com Inc. reserves the right to cancel service at any time for
any reason. Should Spiderweb-Solutions.com Inc. cancel service, prepaid monthly
fees for service not rendered will be prorated and
refunded.
Customers may cancel their accounts at the end of
their billing period, or on an even month. In this case, prepaid
monthly fees for service not rendered will be prorated and
refunded.
Spiderweb-Solutions.com Inc. reserves the right to change its
policies or prices at any time. Prices are guaranteed for the period
of pre-payment only.
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