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CUSTOMER DOMAIN
REGISTRATION PRODUCT AGREEMENT EXTENSION
WebHosting99 (hereinafter referred to as "Parent") AND you
(hereinafter referred to as "Customer")
HAVE entered into a Customer Master Agreement ("Agreement")
effective from February 4, 2005 of which this "Domain
Registration Product Agreement Extension" is a part.
WHEREAS, Parent is authorized to provide Internet registration
and management services for second-level domain names within
.COM, .NET, .ORG, .BIZ, .INFO, .NAME and .US top level domains
and .NAME Defensive Registrations and .NAME Mail Forwards;
WHEREAS, the Customer wishes to purchase Registration and/or
Management and/or Renewal and/or Transfer for .com or .net or
.org or .info or .biz or .name or .us top level domains or .NAME
Defensive Registrations or .NAME Mail Forwards through Parent;
NOW, THEREFORE, for and in consideration of the mutual promises,
benefits and covenants contained herein and for other good and
valuable consideration, the receipt, adequacy and sufficiency of
which are hereby acknowledged, Parent and the Customer,
intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1) "TLD" refers to .com, .net, .org, .info, .biz, .us, .name
(2) "gTLD" refers to .com, .net, .org, .info, .name and .biz
(3) "Domain Order" refers to an Order fulfilled by the Customer
through the Parent under this Domain Registration Product
Agreement Extension
(4) "Registrant" refers to the registrant/owner of a Domain
Order as in the OrderBox Database.
(5) "Registrar" refers to the Registrar of a Domain Order as in
the OrderBox Database and/or shown in the Whois Record;
(6) Registry Operator refers to the Organisation/Entity that
maintains the registry of a TLD of a Domain Order;
(7) "Whois Record" refers to the collection of all data elements
of the Domain Order, specifically its Registrant Contact
Information, Administrative Contact Information, Technical
Contact Information, Billing Contact Information, Nameservers if
any, its Creation and Expiry dates, its Registrar and its
current Status in the Registry;
2. OBLIGATIONS OF THE CUSTOMER
(1) The Customer must ensure that the Registrant of each Domain
Order must agree to be bound by the terms and conditions laid
out by the Registrar of the Domain Name during the term of the
Domain Order. The Customer must familiarize himself with such
terms. The Customer acknowledges that the Registrar has various
rights and powers as mentioned in the Registrar's terms and
conditions. Parent is not liable for any action taken by
Registrar pursuant to the Registrar's terms and conditions. The
Customer acknowledges and agrees that the Customer shall
indemnify Parent of, and shall be responsible for any liability
resulting from Registrants' noncompliance with such terms and
conditions.
(2) The Customer will not make any changes to any information
associated with the Domain Order without explicit authorization
from the Registrant of that Domain Order.
(3) The Customer must comply with all applicable terms and
conditions, standards, policies, procedures, and practices laid
down by ICANN, the Registrar and the Registry Operator.
3. RIGHTS OF PARENT
Parent and Service Providers, in their sole discretion,
expressly reserve the right to freeze, delete, suspend, deny,
cancel, modify, take ownership of or transfer any Domain Order,
in order to comply with any applicable Dispute policies,
requests of law enforcement, or in compliance with any Court
Orders, or if Parent or Service Providers in their sole
discretion determine that the information associated with the
Domain Order is inaccurate, or has been tampered with, or has
been modified without authorization, or if Parent or Service
Providers in their sole discretion determine that the Domain
Order ownership should belong to another entity, or if
Customer/Customer/Registrant does not comply with any applicable
terms and conditions, standards, policies, procedures, and
practices laid down by Parent, Service Providers, ICANN, the
Registrar and the Registry Operator. The Customer agrees that
Parent and Service Providers, and the contractors, employees,
directors, officers, representatives, agents and affiliates, of
Parent and Service Providers, are not liable for loss or damages
that may result from any of the above.
4. SURVIVAL
In the event of termination of this Product Agreement Extension
for any reason, Sections 2 and 3 shall survive. |