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