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DOMAIN NAME REGISTRATION AGREEMENT
This Registration Agreement ("Agreement") sets forth the terms and conditions of
your use of domain name registration and related services ("Services"). In this
Agreement "you" and "your" refer to you and the registrant listed in the WHOIS
contact information for the domain name. "We", "us" and "our" refer to
Hostcats.com Resellers of an Acredited Registrar.
YOU AGREE TO THIS AGREEMENT: By using the Service(s), you agree to all terms and
conditions of this Agreement, the UDRP (define below) and the rules, policies,
or agreements published in association with specific of the Service(s) and/or
which may be enforced by by ICANN, the registries, and governments.
PASSAGE OF TIME: This Agreement will change over time. If you no longer agree
with the terms of this Agreement, you agree that your exclusive remedy is to
transfer your domain name to another registrar or request of us that we cancel
your domain name registration. If you continue to use the Services following a
change in this Agreement and/or the Services, your continued use of the Services
indicates your consent to the changes. Any such revision or change will be
binding and effective within 30 days of when the revised Agreement or change to
the Service(s) is posted, or immediately after viewing the revised Agreement or
immediately on notification to you by e-mail or United States mail. You agree to
review this Agreement periodically to make yourself aware of any such revisions.
YOUR ACCOUNT: You must create an account to use the Services. You are
responsible for maintaining and updating all login IDs, passwords, and for all
access to and use of your account by you or any third party.
SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S): We may reject your
domain name registration application or elect to discontinue providing
Service(s) to you for any reason within 30 days of a Service initiation or a
Service renewal. Outside of this period, we may terminate or suspend the
Service(s) at any time for cause, which, without limitation, includes
registration of prohibited domain name(s), abuse of the Services, payment
irregularities, serious allegations of illegal conduct, or if your use of the
Services involves us in a violation of any Internet Service Provider's ("ISP's")
acceptable use policies, including the transmission of unsolicited bulk email.
If we have grounds to terminate or suspend Service(s) to one domain name or in
relation to other Service(s) provided through your account, we may terminate or
suspend all Service(s) provided through your account, including Service(s) to
other domain names. No fee refund will be made when there is a suspension or
termination of Service(s) for cause. At any time and for any reason, we may
terminate the Services upon 30 day notice, which notice will be considered
received by you five days after it is transmitted via mail or email to the WHOIS
contact information provided in association with your domain name registration.
Following notice of termination other than for cause, you must transfer your
domain name or risk that we may delete your domain name or suspend or modify
Services to it. If we terminate Services for a reason other than cause, we will
attempt to refund your fees. You further acknowledge and agree that your
registration of a domain name is subject to suspension, cancellation or transfer
by any ICANN procedure, by any registrar or registry administrator procedures
approved by an ICANN-adopted policy, to correct mistakes by us, another
registrar or the registry administrator in administering the domain name or for
the resolution of disputes concerning the domain name.
OUR SERVICES: We are resellers of an accredited registrar with the Internet
Corporation for Assigned Names and Numbers ("ICANN") for Top Level Domain Names
("TLDs") (such as .com, .net, .org, .de, co.uk, etc.). ICANN oversees
registrations and other aspects of the TLDs. Domain name registrations are not
effective until the registry administrator puts them into effect. For a list of
registry administrators and for more information on TLDs, see HYPERLINK
http://www.icann.org/tlds/. Domain name registrations are only for limited
terms, terms which end on the expiration date. For domain names which are
created as a new registration out of the available namespace, the term begins on
the date the domain name registration is acknowledged by the applicable
registry; for domain names registrations which were not returned to the
available namespace, the term begins on the date the previous registrant's
domain name registration was acknowledged by the applicable registry. You agree
that we are not liable or responsible in any way for any errors, omissions or
any other actions by the registry administrator arising out of or related to
your application and receipt of, failure to receive, or revocation of a domain
name registration.
YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY
CLAIM(S). You further agree to indemnify, defend and hold harmless us, your
Primary Service Provider, and applicable registry administrator(s) (including
Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and
other registry operators listed at http://www.icann.org/registries/listing.html)
and all such parties' directors, officers, employees, and agents from and
against any and all claims, damages, liabilities, costs, and expenses (including
any direct, indirect, incidental, special or consequential damages and
reasonable legal fees and expenses) arising out of, or related to, your domain
name registration.
NOT INCLUDED IN THE SERVICES: Without limitation, the following are not included
in the Services: We cannot and do not check to see whether the domain name(s)
you select, or the use you make of the domain name(s), or other of the
Service(s), infringes legal rights of others. It is your responsibility to know
whether or not the domain name(s) you select or use infringes legal rights of
others. We might be ordered by a court to cancel, modify, or transfer your
domain name; it is your responsibility to list accurate contact information in
association with your account and to communicate with litigants, potential
litigants, and governmental authorities. It is not our responsibility to forward
court orders or other communications to you. We will comply with court orders
unless you contact us to contest the order.
IF LAWSUIT(S) ARE THREATENED: If we are sued or threatened with lawsuit in
connection with Service(s) provided to your account, we may turn to you to
indemnify us and to hold us harmless from the claims and expenses (including
attorney's fees and court costs). Under such circumstances, you agree that you
will, upon demand, obtain a performance bond with a reputable bonding company
or, if you are unable to obtain a performance bond, that you will deposit money
with us to pay for our reasonably anticipated expenses in relation to the matter
for the coming year. Such deposit will be drawn down as expenses are incurred,
with all account notices sent to the WHOIS contact information provided in
association with your domain names and/or account. We shall not be obliged to
extend you any credit in relation to such expenses and we may terminate the
Services for a failure to make or renew such a deposit. We will return any
unused deposit upon the later of one year from deposit or the conclusion of the
matter.
DISPUTE RESOLUTION POLICY: You agree to the Uniform Domain NameDispute
Resolution Policy ("UDRP"), information regarding which is available at
http://www.icann.org/udrp/udrp-rules-24oct99.htm. You agree that the UDRP may be
changed by ICANN (or ICANN's successor) at any time. 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 your domain name registration is disputed by the third party. You
also 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 of
the UDRP. You also understand that it is important for you to regularly monitor
email sent to the email address associated with your account and domain names
because, among other reasons, if a dispute arises regarding Services provided to
you, you may loose your rights to receive the Services if you do not respond
expeditiously to an email sent in conjunction therewith.
FEES: As consideration for the Service(s), renewal of the Service(s), and, if
you select it, automatic renewal of the Service(s), you agree to pay, prior to
the effectiveness of the desired Service(s), the applicable Service(s) fees. All
fees are non-refundable, in whole or in part, even if your domain name
registration is suspended, cancelled or transferred prior to the end of your
then current registration term, unless this Agreement specifically provides for
a refund. At our option, we may require that you pay fees through a particular
payment means (such as by credit card or by wire transfer) or that you change
from one payment provider to another.
CREDIT CARD CHARGES: If you have an issue with credit card charges, you should
contact us regarding the issue before you contact your credit card company to
request a charge back. In the event of a charge back by a credit card company
(or similar action by another payment provider allowed by us) in connection with
your payment of fees for any Service(s), you agree that we may suspend access to
any and all accounts you have with us and that all right, title, interest in,
and use of any domain name registration(s) and/or websites, email, or other data
hosted on our systems shall be assumed by us as the case may be. We will
reinstate your rights solely at our discretion, and subject to our receipt of
the unpaid fee(s) and our then-current reinstatement fee, currently set at 500
Rs. Charges for the Service(s) which use our credit card payment processor will
be identified on your credit card statement as "Hostcats.com"
EXPIRATION AND RENEWAL OF SERVICE(S): You acknowledge that it is your
responsibility to keep your own records and to maintain your own reminders
regarding when your domain name registration or other Services are set to
expire. As a convenience to you, and not as a binding commitment, we may notify
you via an email message or via your account when renewal fees are due. Should
these fees go unpaid, your Services will expire or be cancelled. Payment must be
made by credit card or such other method as we may allow or require from time to
time. If you select automatic renewal of the Service(s), we may attempt to renew
the Service(s) a reasonable time before expiration, provided your account has
available credit to cover the fees. You acknowledge that it is your
responsibility to keep your billing information up to date and that we are not
required to, but that we may, contact you to update this information in the
event that an attempted transaction is not processed successfully.
ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION: As further
consideration for the Service(s), you agree to provide certain current, complete
and accurate information about you, both with respect to your account
information and with respect to the WHOIS information for your domain name(s).
You agree to maintain and update this information as needed to keep it current,
complete and accurate. With respect to you, the administrative, technical, and
billing contacts for your domain name registration(s) and other Service(s), you
must submit the following: name, postal address, e-mail address, voice telephone
number, and where available, fax number. You agree that the type of information
you are required to provide may change and you understand that, if you do not
wish to provide the newly required information, your registration or Service(s)
may be suspended or terminated or may not be renewed. All other information
which we may request from you at registration is voluntary. However, not
providing the requested information may prevent you from obtaining all
Service(s) made available to domain name registrants by us. You may also provide
information regarding the name-servers assigned to your domain name(s) and, if
we are providing name-server services to you, the DNS settings for the domain
name. If you do not provide complete name-server information, you agree that we
may supply this information (and point your domain name to a website of our
choosing) until such time as you elect to supply the name-server information.
YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT
INFORMATION: In the event that, in registering a domain name or obtaining other
Service(s), you provide information about or on behalf of a third party, you
represent that you have (a) provided notice to that third party of the
disclosure and use of that party's information as set forth in this Agreement,
and (b) that you have obtained the third party's express consent to the
disclosure and use of that party's information as set forth in this Agreement.
By registering a domain name or applying for Services you also represent that
the statements in your application are true and you also represent that the
domain name is not being registered or the Services being procured for any
unlawful purpose. You acknowledge that providing inaccurate information or
failing to update information promptly will constitute a material breach of this
Agreement and will be sufficient basis for suspension or termination of Services
to you. You further agree that your failure to respond for over ten (10)
calendar days to inquiries by us concerning the accuracy of account and WHOIS
contact information shall constitute a material breach of this Agreement and
will be sufficient basis for suspension or termination of Service(s) to you. As
indicated elsewhere in this Agreement, you understand that it is important for
you to regularly monitor email sent to the email address associated with the in
your account and WHOIS contact information because, among other reasons, if a
dispute arises regarding a domain name(s) or other Service(s), you may loose
your rights to the domain name(s) or your right to receive the Service(s) if you
do not respond appropriately to an email sent in conjunction therewith.
ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY: In order to
change any of your account or domain name WHOIS information, you must access
your account with us. Please safeguard your account login identifier and
password from any unauthorized use. You agree that any person in possession of
your account login identifier and password will have the ability and your
authorization to modify your account and domain name information. We will take
reasonable precautions to protect the information we obtain from you from loss,
misuse, unauthorized access or disclosure, alteration or destruction of that
informationand that such reasonable precautions include procedures for releasing
account access information to parties who claim to have lost account access
information you agree that, if we take reasonable precautions in relation
thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO
NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR
PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR
LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF
LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact us alleging
that a third party has unauthorized access to your account or domain names, you
agree that we may charge you administrative fees of 500 Rs per hour for our
time, regardless of whether or not we return control over the account and/or
domain names to you.
TRANSFERS: You agree that transfer of your domain name(s) shall be governed by
ICANN's transfer policy, available at http://www.icann.org/transfers/, as this
policy may be modified from time to time. You agree that we may place your
domain name(s) on Registrar Lock to prevent them from being transferred without
your authorization, though we are not required to do so. By allowing your domain
name to remain locked, you provide express objection to any and all transfer
requests until the lock is removed. To transfer your domain name(s) you should
first login to your account to lock or unlock your domain name(s) and/or to
obtain the EPP "AuthCode" which is required to transfer domains in an EPP
registry (such as .org). Only the registrant and the administrative contacts
listed in the WHOIS information for a domain name may approve or deny a transfer
request. Without limitation, domain names may not be transferred within 60 days
of initial registration, within 60 days of a transfer, if there is a dispute
regarding the identity of the domain name holder, if you are bankrupt, or if you
fail to pay fees when due. We will follow the procedures for both gaining and
loosing registrars as outlined in ICANN's transfer policies. Transfer requests
typically take five business days to be processed. A transfer will not be
processed if, during this time, the domain name registration expires. You may be
required to resubmit a transfer request if there is a communication failure or
other problem at either our end or at the registry. AS A CONSEQUENCE, YOU
ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER
PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
PRIVACY POLICY: You agree and consent that we will make available the domain
name registration information you provide or that we otherwise maintain to the
following parties: ICANN, the registry administrator(s), and to other third
parties as ICANN and applicable laws may require or permit (including through
web-based and other on-line WHOIS lookup systems). ), whether during or after
the term of your registration of the domain name. You hereby irrevocably waive
any and all claims and causes of action you may have arising from such
disclosure or use of your domain name registration and other information.
Additionally, you acknowledge that ICANN may establish or modify the guidelines,
limits and/or requirements that relate to the amount and type of information
that we may or must make available to the public or to private entities, and the
manner in which such information is made available. Information regarding
ICANN's guidelines and requirements regarding WHOIS can be found at
http://www.icann.org/registrars/wmrp.htm,
http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at
http://www.icann.org/index.html.
OWNERSHIP OF INFORMATION AND DATA: You agree and acknowledge that we own all
database, compilation, collective and similar rights, title and interests
worldwide in our domain name database, and all information and derivative works
generated from the domain name database. You further agree and acknowledge that
we own the following information for those registrations for which we are the
registrar: (a) the original creation date of the registration, (b) the
expiration date of the registration, (c) the name, postal address, e-mail
address, voice telephone number, and where available fax number of all contacts
for the domain name registration, (d) any remarks concerning the registered
domain name that appear or should appear in the WHOIS or similar database, and
(e) any other information we generate or obtain in connection with the provision
of domain name registration services, other than the domain name being
registered, the IP addresses of the primary nameserver and any secondary
nameservers for the domain name, and the corresponding names of those
nameservers. We do not have any ownership interest in your specific personal
registration information outside of its rights in our domain name database.
AGENTS AND LICENSES: You agree that, if you are registering a domain name for or
on behalf of someone else, you represent that you have the authority to
nonetheless bind that person as a principal to all terms and conditions provided
herein. You agree that if you license the use of the domain name registered to
you to a third party, you nonetheless remain the domain name holder of record,
and remain responsible for all obligations under this Agreement, including but
not limited to payment obligations, and providing (and updating, as necessary)
both your own full contact information, and accurate technical, administrative,
billing and zone contact information adequate to facilitate timely resolution of
any problems that arise in connection with the domain name and domain name
registration.
USE OF FREE SERVICES: In consideration for providing additional optional
Services for which we do not charge an additional fee, including, but not
limited to, URL forwarding, email forwarding, free parking page, free website
hosting, free email services, or other services which we may introduce from time
to time but for which there is not a separate fee ("Free Services"), you agree
that, if you use such Free Services, we may display advertising in conjunction
therewith through the use of pop-up or pop-under browser windows, banner
advertisements, audio or video steams, appendices to emails, or other similar
advertising means, and that we may aggregate related usage data by means of
cookies and other similar means. You agree that from time to time we may provide
you with free or low-cost domain name(s) ("Promotional Name(s)"). If we do so,
the Promotional Name(s) will be placed in the same account as your other domain
name(s) and you will be listed as the registrant, though we may point the
Promotional Name to IP address(es)of our choosing. If you want to assume control
over the Promotional Name, including the right to transfer or push the
Promotional Name or to the ability to control the DNS settings for the
Promotional Name, you must pay the promotional registration fee or renewal fee,
if any, and agree to the terms of this Agreement with respect to such
Promotional Name(s). If you do not want the Promotional Name, you may request
that we push the Promotional Name, in which case you will be removed as the
registrant and we will be listed as the domain name registrant. Alternatively,
you may contact us to request that we delete the Promotional Name. For any name,
including these Promotional Names, for which you are listed as registrant but
for which you do not pay the registration or renewal fee, you agree that we may
assign name-servers to the domain name and point the domain name to IP
address(es) designated by us until the registration or renewal fee is paid.
AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION: After expiration of
the term of a domain name registration and before deletion of the domain name by
the applicable registry, you acknowledge that we may direct the domain name to
name-servers and IP address(es) designated by us, including, without limitation,
to no IP address or to IP address(es) which host a parking page or a commercial
search engine that may display advertisements, and you acknowledge that we may
either leave your WHOIS information intact or that we may, but only under
certain circumstances, change the contact information in the WHOIS output for
the expired domain name so that you are no longer the registrant of the expired
domain name.
After expiration of the term of a domain name registration, you acknowledge that
certain registry administrators may provide procedures or grace periods during
which expired domain name registrations may be renewed. You acknowledge that you
assume all risks and all consequences if you wait until close to or after the
end of a domain name registration term to attempt to renew the registration. You
acknowledge that we, for any reason and in our sole discretion, may choose not
to participate in a post-expiration renewal of a domain name and that we shall
not be liable therefore. You acknowledge that post-expiration renewal or
redemption processes, if any, involve additional fees which we may determine.
You acknowledge and agree that expired domain name(s) may be made available to
be registered or re-registered to any party at any time.
You agree that after expiration of the term of a domain name registration we
may, for a period of 30 days, either i) remove the domain name from the zone of
the top-level-domain (meaning that the domain name will no longer resolve), or
ii) direct the domain name to name-servers and IP address(es) of website(s)
designated by us, including, without limitation, to IP address(es) which host a
parking page or a commercial search engine. You agree that either are
functionally equivalent to ICANN's or a registry's redemption grace period,
which would normally occur after deletion, and that both provide you with enough
notice that your name is expired and that you should renew it if you wish to
renew it. If we exercise our rights under this provision, and if you do not
contact us to pay for and renew the domain name prior to the end of the 30 days,
you agree that you have abandoned the domain name.
After this 30 day period, you agree that we may, possibly via a sub-contractor,
solicit and provide for a third party to pay to renew the domain name's
registration term and to allow such a third party to assume complete control
over the domain name as its registrant (a "Post-Expiration Registrant Change",
or "PERC"). If we enter into a PERC transaction with such a third party (the
"PERC Customer"), we will send an email notification to the email addresses, if
any, which were listed for the registrant and the administrative contact(s) for
the domain name when it was registered by you (the "PERC Notification"). You
acknowledge that you might not receive the PERC Notification and that it is not
our obligation to confirm whether or not the PERC Notification was received by
you. The previously listed registrant (typically you) may receive a portion of
the funds received by us for the PERC as follows: (i) if the domain name was
registered directly through us, the previously listed registrant may receive
twenty percent (20%) of the Net Proceeds received by us (either directly or from
a third party vendor providing services to us) as a result of the PERC; or (ii)
if the domain name was registered with us, the previously listed registrant may
receive fifteen percent (15%) of the Net Proceeds received by us as a result of
the PERC. You acknowledge and agree that the PERC may be accomplished through an
auction involving one or more parties who are interested in the domain name. If
it is determined that either the registrant or the administrative contact for
the domain name or anyone acting on behalf of such a party participated in the
auction, then none of the Net Proceeds will be paid out or if paid out must be
returned to us. "Net Proceeds" means the total fees paid to us (either directly
or by a third party providing services to us) as a result of the PERC, less
registry fees, ICANN fees, taxes, credit card charge-backs, processing and check
fees, and other costs or fees associated with the PERC. You agree that we shall
have no obligation to make the foregoing payments unless, within ninety (90)
days after the date of the PERC Notification, the previously listed registrant
provides us with the name, address and other information requested (including,
but not limited to, a Form W-9, if applicable) in the PERC Notification. We
cannot guarantee, and we make no representation or promise, that any PERC will
occur with respect to a domain name registered by you. You understand that, if
you do not wish to participate in this process, that you may renew your domain
name registration in the available time and that you may arrange for the sale or
other disposition of the domain name on your own.
Alternatively, if you do not contact us to renew the domain name registration
during the 30 day period described above, and if we are unable or unwilling to
arrange a PERC, you agree that we may either (i) delete the domain name at any
time thereafter or (ii) that we may pay the registry free or otherwise allow it
to continue to be registered with the WHOIS information previously provided by
you and pointing to the name-server(s) and IP address(es) designated by us, and
that we will not remove it from the TLD zone. In the latter event, the name will
be designated as being in the extended redemption grace period ("ERGP"), and you
will be allowed to assume, during the first 90 days of the then extant
registration term, complete management of the domain name, including the right
to control the DNS information, provided that you pay the registration fees for
a one-year registration term and our ERGP redemption fee. After the end of the
90-day period, if you do not exercise your rights under this provision, you
agree that you have abandoned the domain name, and relinquish all rights and
control over the domain name, and that you are no longer the registrant of the
domain name, and that we may list ourselves or another party as the registrant
of the domain name in the WHOIS. If we exercise our rights under this provision
and you do not wish to be listed as the registrant and you wish to forego your
option under this provision to pay to renew the domain name registration for the
then-current registration term, you may notify us before the end of the 90-day
period and request that we remove your information from the WHOIS record for the
domain name, in which case we, or a third party we designate, will be listed as
the registrant, and in which case you relinquish all rights and control over the
domain name, and in which case we may i) continue to point the domain name to IP
address(es) designated by us, or ii) we may delete the domain name.
ANNOUNCEMENTS: You agree that we may distribute information to you that is
pertinent to the quality or operation of our Service(s). 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 and/or they may include information or
announcements which ICANN, the registries, or others may require us to
distribute.
LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE
SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES,
(2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME
REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR
BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR
SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A
DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR
EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A
DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED
USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE
DISPUTE POLICY. WE ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER
THAN FIVE THOUSAND RUPESS (5000 Rs). BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN
SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
INDEMNITY: With respect to ICANN, the registry operators, us, as well as the
contractors, agents, employees, officers, directors and affiliates of such
parties, you agree to release, indemnify, and hold such parties harmless from
all liabilities, claims and expenses, including attorney's fees and court costs,
for third party claims relating to or arising under this Agreement, the
Service(s) provided hereunder, or your use of the Service(s), including, without
limitation, infringement by you, or by anyone else using the Service(s) we
provide to you, of any intellectual property or other proprietary right of any
person or entity, or from the violation of any of our operating rules or
policies relating to the Service(s) provided. When we may be involved in a suit
involving a third party and which is related to our Service(s) to you under this
Agreement, we may seek written assurances from you in which you promise to
indemnify and hold us harmless from the costs and liabilities described in this
paragraph. Such written assurances may include, in our sole discretion, the
posting of a performance bond(s) or other guarantees reasonably calculated to
guarantee payment. Your failure to provide such assurances may be considered by
us to be a breach of this Agreement by you and may, in our sole discretion,
result in loss of your right to control the disposition of domain names for
which you are the registrant and in relation to which we are the registrar of
record. This indemnification is in addition to any indemnification required
under the UDRP.
REPRESENTATIONS AND WARRANTIES: YOU REPRESENT THAT, TO THE BEST OF YOUR
KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR NOR THE
MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE
SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT
AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR
PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU
"AS IS." EXCEPT FOR OUR STATEMENT REGARDING OUR STATUS AS A RESELLER FOR AN
ICANN-APPROVED DOMAIN NAME REGISTRAR, WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR
THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE
NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF
A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO
YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF
THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL
FORWARDING OR OTHER EMAIL 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
OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL
SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US 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.
GOVERNING LAW: this Agreement, your rights and obligations and all actions
contemplated by this Agreement shall be governed by the laws of the United
States of America and the State of Florida, as if the Agreement was a contract
wholly entered into and wholly performed within the State of Florida. You agree
that any action to enforce this Agreement or any matter relating to your use of
the Services shall be brought exclusively in the United States District Court in
the County of Sarasota, Florida, or if there is no jurisdiction in such court,
then in a state court in Sarasota County, Florida state. You consent to the
personal and subject matter jurisdiction of any state or Federal court in
Sarasota County, Florida state in relation to any dispute arising under this
Agreement. You agree that service of process on you by us in relation to any
dispute arising under this Agreement may be served upon you by first class mail
to the address listed by you in your account and/or domain name WHOIS
information or by electronically transmitting a true copy of the papers to the
email address listed by you in your account and/or domain name WHOIS
information.
NOTICES: You agree that any notices required to be given under this Agreement by
us to you will be deemed to have been given if delivered in accordance with the
account and/or domain name WHOIS information you have provided.
INFANCY: You attest that you are of legal age to enter into this Agreement.
GENERAL: This Agreement and the UDRP, together with all modifications,
constitute the complete and exclusive agreement between you and us, and
supersede and govern all prior proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties. The failure
of us to require your performance 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. In the event that any provision of this Agreement shall
be unenforceable or invalid under any applicable law or be so held by applicable
court decision, such unenforceability or invalidity shall not render this
Agreement unenforceable or invalid as a whole. We will amend or replace such
provision with one that is valid and enforceable and which achieves, to the
extent possible, our original objectives and intent as reflected in the original
provision. This Agreement may not be amended or modified by you except by means
of a written document signed by both you and an authorized representative of us.
ADDITIONAL REGISTRY REQUIREMENTS:
You, the registrant, must agree to each registry's domain regitration agreement
should you desire to register a domain name in these registries:
| .BIZ |
.DE |
.NAME |
.US |
| .BZ |
.NU |
.CC |
.TV |
| .WS |
.UK |
.INFO |
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Spam Policy:
Hostcats.com, will not, under any circumstances, tolerate Spam, UBE
(Unauthorized Bulk Email) or UCE (Unauthorized Commercial Email) and will not
allow individuals to "hide" behind our services in order to engage in, or to
avoid detection from being involved in, these prohibited activities. We have
drafted this policy so that every existing and potential Hostcats.com. customers
are on notice as to the steps Hostcats.com will take to ensure that its services
do not become a vehicle or shield for spammers.
HOSTCATS.COM. RESERVES THE RIGHT TO TERMINATE ITS SERVICES FROM ANY DOMAIN KNOWN
TO BE ORIGINATING SPAM, WITHOUT QUESTION. IF HOSTCATS.COM. RECEIVES A COMPLAINT
AT vasi@hostcats.com( OR VIA CERTIFIED OR TRACEABLE COURIER MAIL) THAT A DOMAIN
NAME IT HAS REGISTERED ON BEHALF OF A HOSTCATS.COM. CUSTOMER IS TRANSMITTING
SPAM, VIRUSES OR OTHER HARMFUL COMPUTER PROGRAMS:
Hostcats.com. will investigate the complaint within 48 hours of its receipt. If
the complaint appears valid, Hostcats.com. may at its sole discretion, within 24
hours of this determination: (i) redirect the DNS servers associated with the
domain name, thereby deactivating the domain account; and (ii) contact, via
email, the Hostcats.com. customer on whose behalf Hostcats.com. registered the
domain in question. WHEN HOSTCATS.COM. CONTACTS YOU ABOUT A COMPLAINT REGARDING
YOUR DOMAIN NAME:
You must respond to the email within 48 hours of it being sent. If you do not
respond to the email within 48 hours, Hostcats.com. will immediately cancel the
domain name that is the subject of the complaint investigation. Your email
response must be sent to the email address specified by Hostcats.com. In order
to protect the identity of the complainant, Hostcats.com. will not forward
complaints and/or headers it receives. Hostcats.com. may, when necessary, and at
its sole discretion, send an example of a complaint to help identify the mailing
in question. Your response must specifically answer the complaint. Specific
responses include but are not limited to: providing conclusive evidence that the
complainant affirmatively "opted in" to receive the mail in question from the
domain in question, that no Spam transmission occurred, or an acknowledgement of
transmitting Spam and a pledge to cease sending Spam and/or having Spam sent on
your behalf. If Hostcats.com., in its sole discretion, considers your response
to be inadequate in anyway, Hostcats.com. will immediately cancel the domain
name that is the subject of the complaint investigation. If Hostcats.com.
deactivates your account, and determines, in its sole discretion, that your
pledge to discontinue the prohibited practice is legitimate and in good faith,
you will be charged a mandatory, non-refundable reactivation fee of 500 Rs. This
reactivation fee must be processed by Hostcats.com. before it reactivates and
redirects the DNS servers associated with the domain name that has been the
subject of the complaint investigation.
If Hostcats.com. receives further complaints regarding the domain name that
appear to be valid, Hostcats.com. will immediately cancel the domain name
without any notice to you. Hostcats.com. RETAINS THE RIGHT TO CANCEL AT ANY
TIME, AND WITHOUT ANY NOTIFICATION TO YOU, ANY DOMAIN NAME IT HAS REGISTERED ON
YOUR BEHALF, FOR REASONS INCLUDING, BUT NOT LIMITED TO, THOSE SET FORTH ABOVE.
UNDER NO CIRCUMSTANCES WILL REFUNDS BE ISSUED IN THE EVENT Hostcats.com. CANCELS
A DOMAIN NAME WHICH HAS BEEN REGISTERED ON YOUR BEHALF, REGARDLESS OF THE REASON
FOR CANCELLATION
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