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Legal Information
Registration Agreement
AGREEMENT
In this Service Agreement ("Agreement") "you"
and "your" refer to each customer, "we", us"
and "our" refer to in2net network inc. 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.
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.
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 hereunder
are non-refundable unless we provide otherwise. As further consideration
for the Services, you agree to:
provide certain current, complete and accurate information about
you as required by the registration process and
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. xaz.biz may or may not
register a domain for the full term as requested and charged to
the client during initial registration process. If a domain is not
registered for the full term as requested and charged to the client,
xaz.biz will renew the domain as necessary for the duration of the
term.
MODIFICATIONS TO AGREEMENT
You agree, during the period of this Agreement, that we may:
revise the terms and conditions of this Agreement; and
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.
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.
DOMAIN NAME DISPUTE POLICY
If you reserved or registered 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 ICANN web site: http://www.icann.org/udrp/udrp.htm . Please
take the time to familiarize yourself with such policy.
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 PROVINCE OF ONTARIO.
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.
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.
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:
loss or liability resulting from access delays or access interruptions;
loss or liability resulting from data non-delivery or data mis-delivery;
loss or liability resulting from acts of God;
loss or liability resulting from the unauthorized use or misuse
of your Account Identifier or Password;
loss or liability resulting from errors, omissions, or misstatements
in any and all information or services(s) provided under this Agreement;
loss or liability resulting from the development or interruption
of your Web site or email 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 five hundred ($500.00) dollars.
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 hereunder 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.
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.
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.
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 merchantability,
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.
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.
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.
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.
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.
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.
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 domains@xaz.biz
or, in the case of notice to you, at the e-mail address provided
by you in your Program application or as updated from time to time.
Mail shall be sent to xaz,biz - Domain Division to you at the mailing
address provided in your Affiliate 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. (eastern standard time) 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.
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.
GOVERNING LAW
This Agreement shall be governed by and interpreted and enforced
in accordance with the PROVINCE OF ONTARIO and the FEDERAL LAWS
OF CANADA 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 TORONTO, ONTARIO, CANADA and
you irrevocably consent to the jurisdiction of such courts.
INFANCY
You attest that you are of legal age to enter into this Agreement.
ACCEPTANCE OF AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON
ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH
IN THIS AGREEMENT.
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