Terms of Service

Hostineer agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

 

Use of Hostineer Service constitutes acceptance and agreement to Hostineer's AUP as well as Hostineer's TOS (Terms of Service).

 

All provisions of this contract are subject to the TOS (Terms of Service) of Hostineer. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

 

This Agreement shall be construed in all respects in accordance with the laws of the United States of America.

 

  1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Hostineer shall have the right to terminate all service set forth in this Agreement.
  2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
  3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
  4. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 25 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Hostineer may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
  5. Refund and Disputes: All monthly, three month payments, and bandwidth penalization fees from overuse to Hostineer are nonrefundable. This includes the one time setup fee for a domain, if purchased, and subsequent charges regardless of usage. Users who are in possession of six month or yearly account payments will be refunded 40% of the product of 'months left * average cost per month'. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Hostineer's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Hostineer an "Administrative Fee" of not less than $50 and not more than $150. Users found in violation of the AUP or TOS will not be refunded.
  6. Failure to Pay: Hostineer may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
  7. Account Cancellation: All requests for canceling accounts must be initiated by the client with at least 30 days notice but not more than 60 days.
  8. Injury/Loss: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
  9. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Hostineer on behalf of the account holder a handling fee will be incurred.
  10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Hostineer will require a minimum of five (5) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.
  11. Support Boundaries: Hostineer, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Hostineer provides support related to your server or virtual site physical functioning. Hostineer does not offer tech support for application specific issues such as CGI programming, html or any other such issue. Hostineer does not provide technical support for YOUR users. If you can email, we encourage you to email support@hostineer.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.hostineer.com/resources.php. If the 'Resource Center' is unable to answer your question, then the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling our tech support.
  12. SPAM and Unsolicited Commercial Email (UCE): Apis Networks takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Hostineer may not use or permit others to use our network to transact in UCE. Customers of Hostineer may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
    1. Violation of Hostineer's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Hostineer will initiate an immediate investigation (within 48 hours of notification). During the investigation, Apis Networks may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Hostineer may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Apis Networks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Hostineer will notify law enforcement officials if the violation is believed to be a criminal offense.
    2. First violations of this policy will result in an "Administrative Fee" of $500 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $1,000 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Hostineer personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
    3. As our Customers are ultimately responsible for the actions of their clients over the Hostineer network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
  13. Network
    1. IP Address Ownership: If Hostineer assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Hostineer, and Customer shall have no right to use that Internet Protocol address except as permitted by Hostineer in its sole discretion in connection with the Services, during the term of this Agreement. Hostineer shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Apis Networks, and Hostineer reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
    2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Hostineer will monitor Customer's bandwidth and disk usage. Hostineer shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Hostineer's sole and absolute discretion. If Hostineer takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Hostineer Network. Violations of system or network security may result in civil or criminal liability. Hostineer will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
      1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
      2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
      3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
      4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
      5. Taking any action in order to obtain services to which such User is not entitled.
  14. Notification of Violation:
    1. Hostineer is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
    2. First violation: Any User, which Hostineer determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Hostineer's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
    3. Second Violation: Users that Hostineer determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
    4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
  15. Suspension of Service or Cancellation: Hostineer reserves the right to suspend network access to any customer if in the judgment of the Hostineer network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Hostineer chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
  16. Amendments: Hostineer reserves the right to amend its policies at any time. All managed servers of Hostineer must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
  17. Indemnification: Hostineer wishes to emphasize that in agreeing to the Hostineer Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Hostineer for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Hostineer or the bringing of any claim against Hostineer by any third-party. This means that if Hostineer is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Hostineer, plus all costs and attorney's fees.
  18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
    3. Hostineer takes no responsibility for any material input by others and not posted to the Hostineer Network by Apis Networks. Hostineer is not responsible for the content of any other websites linked to the Hostineer Network; links are provided as Internet navigation tools only. Hostineer disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
    4. Hostineer is not responsible for any damages your business may suffer. Hostineer does not make implied or written warranties for any of our services. Hostineer denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Hostineer.
  19. IRC: Hostineer subscribers who use the "Shared Hosting" option are not permitted to run IRC servers, IRC clients, or IRC bots. Due to the anonymity of the Internet and ability to masquerade as a faux host, IRC interaction is explicitly prohibited. Any user caught violating this policy will immediately be removed from the server regardless of past payment history, reputation, et al. Java-based IRC clients which have a temporal life, such as a jIRC Java applet to increase a viewer's role in the site are not inclusive of this policy.

Acceptable Use Policy

Hostineer's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Hostineer expects of them while using the service. All users of Hostineer's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

 

Use of Hostineer Service constitutes acceptance and agreement to Hostineer's AUP as well as Hostineer's TOS (Terms of Service)

 

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Hostineer may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Hostineer account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

 

This document is intended to provide a basic understand of Hostineer's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Hostineer's AUP:

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users

 

The Hostineer intends to provide its customers access to everything the Internet has to offer. While the Hostineer is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Hostineer and the Internet and cannot be permitted under the guise of free speech. The resources of the Apis Networks and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

 

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

 

You may not use your dedicated server or virtual site to publish material, which Hostineer determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

 

If a Hostineer account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

 

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@hostineer.com.

 

VIOLATIONS OF Hostineer ACCEPTABLE USE POLICY


The following constitute violations of this AUP:

  1. Illegal use: Hostineer's services may not be used for illegal purposes, or in support of illegal activities. Apis Networks reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
  2. Harm to minors: Use of the Hostineer service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
  3. Threats: Use of the Hostineer service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
  4. Harassment: Use of the Hostineer service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
  5. Fraudulent activity: Use of Hostineer service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
  6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
  7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the Hostineer service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.
  8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Hostineer account.
  9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Hostineer service is in violation of this AUP.
  10. Usenet Spamming: Hostineer has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
  11. Unauthorized access: Use of the Hostineer service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Hostineer's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Hostineer account is subject to immediate termination.
  12. Copyright or trademark infringement: Use of the Hostineer service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  13. Collection of personal data: Use of the Hostineer service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
  14. Network disruptions and unfriendly activity: Use of the Hostineer service for any activity which affects the ability of other people or systems to use Hostineer Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Hostineer will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
  15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
  16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
  17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
  18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Hostineer's services could result in suspension service.
  19. Third Party Accountability: Hostineer subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

  • Your password provides access to your account. It is your responsibility to keep your password secure.
  • Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
  • Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
  • You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  • You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
  • Users who violate systems or network security may incur criminal or civil liability. Hostineer will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance

Hostineer accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

 

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Hostineer systems or networks. Hostineer reserves the right to terminate or limit such activities.

 

REPORTING VIOLATIONS OF Hostineer AUP

Hostineer requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@hostineer.com.

 

If available, please provide the following information:

  • The IP address used to commit the alleged violation
  • The date and time of the alleged violation, including the time zone or offset from GMT
  • Evidence of the alleged violation
E-mail abuse@hostineer.com with clear, unobfuscated header information ensuring to provide all of the above and any relevant system logs. Other situations will require different methods of providing the above information. Apis Networks may take any one or more of the following actions in response to complaints:

  • Issue written or verbal warnings
  • Suspend the Member's newsgroup posting privileges
  • Suspend the Member's account
  • Terminate the Member's account
  • Bill the Member for administrative costs and/or reactivation charges
  • Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

Domain Registration Agreement

Wild West Domains
Domain Name Registration Agreement

This Wild West Domains Domain Name Registration Agreement ("Agreement") is by and between Wild West Domains ("WWD") an Arizona Corporation ("WWD") and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Wild West Domains' Domain Name Registration and represents the entire agreement between You and WWD. By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, including our dispute policy (https://www.secureserver.net/dispute_policy.asp, along with any new, different or additional terms, conditions or policies which WWD may establish from time to time.

 

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with WWD, whether or not the transactions were in Your behalf. You acknowledge that Wild West Domains' acceptance of any application made by You for services provided by WWD will take place at Wild West Domains' offices located in Scottsdale, Arizona, USA.

 

You acknowledge that WWD is a registrar bound by an agreement between WWD and the Internet Corporation for Assigned Names and Numbers ("ICANN"). You agree that WWD may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the Internet ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by WWD.

 

1. FEES

In consideration for the services and products ("service") purchased by You and provided to You by WWD, You agree to pay WWD at the time service is provided. Payment is to be made by You providing a valid credit card for charge by WWD, and is non-refundable. If for any reason WWD is unable to charge Your credit card with the full amount owed WWD for the service provided, or if WWD is charged back for any fee it previously charged to the credit card You provided, You agree that WWD may pursue all available remedies in order to obtain payment. You agree that among the remedies WWD may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names registered or renewed on Your behalf. WWD reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the credit card we have on file for You.

2. Domain Name Renewals

When You register a domain name, You have the option to elect that the domain name be automatically renewed upon reaching the expiration date. If You elect the automatic renewal option, WWD will automatically renew, for a period of one year, any domain name that is up for renewal and will charge the credit card You have on file with WWD, at Wild West Domains' then current rates. Domain name renewals will be non refundable. If for any reason WWD is not able to charge the credit card You have on file, and You fail to respond to our notices, Your domain name registration will expire. It is Your responsibility to keep Your credit card information current, including the expiration date. If You do not elect that the domain name be automatically renewed, You have the responsibility of logging into Your account manager for that domain name and manually implementing the renewal by the expiration date (should You in fact want the domain name to be renewed). In this case, if You fail to manually implement the renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that name. You agree that WWD will not be responsible for cancelled domain names that You fail to renew, either automatically or manually. In any case, if You fail to renew Your domain name in a timely fashion, additional charges may apply.

3. TERM OF AGREEMENT; MODIFICATIONS

The term of this agreement shall continue in full force and effect as long as You have any domain name registered through WWD. You agree that You will not transfer any domain name registered through WWD to another domain name registrar during the first sixty (60) days from its initial registration date.

You agree that WWD may modify this agreement from time to time. WWD may also discontinue services it provides under this agreement. You agree to be bound by any changes WWD may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with WWD You will not receive a refund for any fees You may have paid to WWD.

You agree that WWD shall not be bound by any representations made by third parties who You may use to purchase services from WWD, and that any statements of a general nature, which may be posted on Wild West Domains' web site or be contained in Wild West Domains' promotional materials, will not bind WWD.

4. UP TO DATE INFORMATION; USE OF INFORMATION

You agree to notify WWD within 5 business days when any of the information You provided as part of the application and/or registration process changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide WWD with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by WWD to determine the validity of information provided by You, shall also be considered to be a material breach of this agreement.

You agree that for each domain name registered by You the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:

  • The domain name
  • Your name and postal address
  • The email address, postal address, voice and fax numbers for technical and administrative contacts
  • The Internet protocol numbers for the primary and secondary name servers
  • The corresponding names of the name servers
  • The original date of registration and expiration date

You agree that, to the extent permitted by ICANN, WWD may make use of the publicly available information You provided during the registration process.

If You engage in the reselling of domain names You agree to provide any individuals whose personal information You've obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

5. DISPUTE RESOLUTION POLICY

You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this agreement. Our current dispute policy can be found on our web site at: https://www.secureserver.net/dispute_policy.asp?isc=&se=%2B&from_app=&mscssid=2251657&pl_id=1&prog_id=apisnetworks.

You agree that WWD may from time to time modify its Dispute Resolution Policy. WWD will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining Your domain name registrations with WWD after the updated policy becomes effective that You agree to the Dispute Resolution policy as amended. You agree to review Wild West Domains' web site periodically to determine if changes have been made to the Dispute Resolution Policy. If You cancel Your agreement with WWD as a result of the modified Dispute Resolution policy no fees will be refunded to You.

You agree that if a dispute arises as a result of one or more domain names You have registered using WWD, You will indemnify, defend and hold WWD harmless as provided for in this agreement. You also agree that if WWD is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by You using WWD, that WWD, in its sole discretion, may take whatever action WWD deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event You agree to hold WWD harmless for any action taken by WWD.

6. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES

If You transfer any domain name You agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement. You may view the current version of our Domain Transfer Agreement at: https://www.secureserver.net/xfrAgreement.asp

You agree to inform any customer of Yours, who may be acquiring a domain name through You using Wild West Domains' registration services, that they are in fact registering their domain name through WWD and that WWD is an accredited registrar with ICANN. You agree not to represent that You are an ICANN accredited registrar or that You are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of Your promotional materials including Your web site.

You agree to obtain each of Your customers' acceptances of Wild West Domains' then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should You require that Your customer's accept additional terms and conditions that are not required by WWD, You agree that such additional terms and conditions shall not conflict with Wild West Domains' Domain Registration Agreement and the policies and business procedures adopted by ICANN.

You agree that WWD is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to Wild West Domains' registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database.

You agree to provide Your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information You will, within 5 business days, provide such information to WWD so WWD may update its registration records. You will retain copies of all communications between You and Your customers and will upon request provide WWD copies of same.

7. SUSPENSION OF SERVICES; BREACH OF AGREEMENT

You agree that, in addition to other events set forth in this agreement, Your ability to use any of the services provided by WWD is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN.

You agree that Your failure to comply completely with the terms and conditions of this agreement and any WWD rule or policy may be considered by WWD to be a material breach of this agreement and that WWD may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide WWD with material evidence that You have not breached Your obligations to WWD within ten (10) business days, WWD may terminate its relationship with You and take any remedial action available to WWD under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, canceling the registration of any of Your domain names and discontinuing any services provided by WWD to You. No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach. Wild West Domains' failure to act upon or notify You of any event, which may constitute a breach, shall not relieve You from or excuse You of the fact that You have committed a breach.

8. RESTRICTION OF SERVICES; RIGHT OF REFUSAL

You agree not to use the services provided by WWD, or to allow or enable others, to use the services provided by WWD for the purposes of:

The transmission of unsolicited email (SPAM)
Repetitive, high volume inquires into any of the services provided by WWD (i.e. domain name availability, etc.).

You agree that WWD, in its sole discretion and without liability to You, may refuse to accept the registration of any domain name. WWD also may in its sole discretion and without liability to You delete the registration of any domain name during the first thirty (30) days after registration has taken place. WWD may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event WWD refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will receive a refund of any fees paid to WWD in connection with the registration either being canceled or refused. In the event WWD deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.

9. LIMITATION OF LIABILITY

You agree that Wild West Domains' entire liability to You under this agreement, and Your only remedy, in connection with any service provided by WWD to You under this agreement, and for any breach of this agreement by WWD, shall be limited to the fees You paid to WWD for the particular service in contention.

WWD AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF WILD WEST DOMAINS' SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, WILD WEST DOMAINS' LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

WWD DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:

  1. access delays or interruptions to our web site or domain name registration system
  2. data non-delivery or misdelivery between You and WWD
  3. events beyond our control (i.e. acts of God)
  4. the loss of registration or processing of a domain name or the use of a domain name
  5. the failure for whatever reason to renew a domain name registration
  6. the unauthorized use of Your account with WWD or any of
  7. services provided to You by WWD
  8. errors, omissions or misstatements
  9. deletion of, failure to store, or failure to process or act upon email messages
  10. processing of updated information to Your registration record
  11. development or interruption of Your web site
  12. errors taking place with regard to the processing of Your application
  13. application of Wild West Domains' Dispute Resolution Policy
  14. any act or omission caused by You or Your agent (whether authorized by You or not)

10. INDEMNITY

You agree to release, defend, indemnify and hold harmless WWD and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to Your (including Your agents, affiliates or anyone using Your account with WWD whether or not on Your behalf, and whether or not with Your permission) use of the services provided by WWD. Should WWD be notified of a pending law suit, or receive notice of the filing of a law suit, WWD may seek a written confirmation from You concerning Your obligation to indemnify WWD. Your failure to provide such a confirmation may be considered a breach of this agreement.

11. REPRESENTATIONS AND WARRANTIES

You warrant that all information provided by You as part of the registration process is complete and accurate. You also warrant that each registration You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.

You agree that WWD makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to You against the possibility of objection to, or challenge of, the registration or use of any domain name You register with WWD.

WWD expressly reserves 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 WWD, as well as its affiliates, subsidiaries, officers, directors and employees. WWD also reserves the right to freeze a domain name during resolution of a dispute.

12. DISCLAIMER OF WARRANTIES.

WE EXPRESSLY DISCLAIM 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 OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

13. SEVERABILITY; ENTIRETY

You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect.

You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between You and WWD regarding the services contemplated herein.

14. VENUE; WAIVER OF TRIAL BY JURY

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF ARIZONA. EXCEPT FOR DISPUTES CONCERNING THE USE OF A DOMAIN NAME REGISTERED WITH WWD, THE LAWS AND JUDICIAL DECISIONS OF MARICOPA COUNTY, ARIZONA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF MARICOPA COUNTY, ARIZONA.

FOR THE ADJUDICATION OF DISPUTES CONCERNING THE USE OF ANY DOMAIN NAME REGISTERED WITH WWD, YOU AGREE TO SUBMIT FOR JURISDICTION AND VENUE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF ARIZONA LOCATED IN PHOENIX, ARIZONA.

YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

15. NOTICES

You agree that all notices (except for notices concerning breach of this agreement) from WWD to You may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address You have on file with WWD or mailed first class postage to the postal address You have on file with WWD. In both cases, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to WWD shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:

Domain Services C/O Wild West Domains14455 North Hayden Rd.Suite 226Scottsdale, 85260

Delivery shall be deemed to have been made by You to WWD five (5) days after the date sent.

16. PROVISIONS SPECIFIC TO .COM, .NET, .ORG, and .CC REGISTRATIONS

Indemnification. You agree to indemnify, defend and hold harmless VeriSign, Inc., and its directors, officers, employees, agents, and affiliates 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.

17. PROVISIONS SPECIFIC TO .WS (WebSite) REGISTRATIONS

Indemnification. You agree to indemnify, defend and hold harmless Global Domains International, Inc., and its directors, officers, employees, agents, and affiliates 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.

18. ADDITIONAL REQUIREMENTS FOR .INFO REGISTRANTS

If You are registering a .info domain name You also agree to:

  1. consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the .info Registry Operator and its designees and agents;
  2. submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
  3. immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
  4. acknowledge 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 Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.

19. ADDITIONAL REQUIREMENTS FOR .BIZ REGISTRANTS

If You are registering a .biz domain name You also agree to:

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:

  1. To exchange goods, services, or property of any kind;
  2. In the ordinary course of trade or business; or
  3. 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:

  1. 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
  2. The domain name registrant has the authority to enter into the registration agreement; and
  3. The registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.

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:

  1. The Uniform Domain Name Dispute Resolution Policy, available at https://www.secureserver.net//dispute_policy.asp?isc=&se=%2B&from_app=&mscssid=2251657&pl_id=1&prog_id=apisnetworks.
  2. The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.biz/stop_overview/index.html; and
  3. The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.biz/ardp/docs/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 we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our 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. 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 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 Wild West Domains 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 Wild West Domains and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Wild West Domains and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

20. PROVISIONS SPECIFIC TO .US REGISTRATIONS

You, the Registrant, shall indemnify and hold harmless NeuStar, the .US Registry, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) .US domain name registration and (ii) use of any .US registered domain name.

The Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a .US domain name.

 A. Registrants must be either:

  1. A natural person (i) who is a United States citizen, (ii) who is a 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;
  2. 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 (including a federal, state, orlocal government of the United States, or a political subdivision thereof, and non-commercial organizations based in the United States), or;
  3. A foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories that also (i) regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the Unites States, or (ii) maintains an office or other property within the United States.

 B. The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories.

Registrant further certifies that Wild West Domains has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willing volunteered such information. Registrant understands and agrees that such information will be verified and will be shared with the .US Registry.

Registrant understands and agrees that if such information cannot be verified, or if Registrant fails to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.

21. PROVISIONS SPECIFIC TO .NAME REGISTERED ITEMS

INDEMNIFICATION.
You agree to indemnify, defend and hold harmless the Registry Operator, Global Name Registry (GNR), and its directors, officers, employees, agents, and affiliates 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 Item Holder's registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.

ELIGIBILITY REQUIREMENTS - DISPUTE RESOLUTION
You represent and warrant that the name You are registering is Your legal, personal name, or that You own the intellectual property rights to that name. If at any time it is discovered that it is not Your legal personal name, or Your intellectual property, GNR and WWD reserve the right to cancel Your registration without refund, or transfer it to another party. In addition to the above You agree to be bound by the provisions of the entire Eligibility Requirements Dispute Resolution Policy.

WAIVER OF LIABILITY
You agree that GNR and WWD 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, the ability or inability to obtain a domain name or email address registration using these processes; or (ii) any dispute over any domain name or email address registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

22. PROVISIONS SPECIFIC TO ONE-YEAR .BIZ, .INFO, and .US REGISTRATIONS

If You are registering a .info or .biz or .us domain name and You elect to take advantage of special pricing applicable to one-year registrations, WWD will automatically renew Your domain for an additional one-year period at the end of the first year term by charging the credit card You have on file with WWD unless You notify WWD that You do not wish to renew. You will be notified and given the opportunity to accept or decline the one-year renewal prior to Your domain name expiration date. In the event You decide not to renew Your one-year .info or .biz or .us domain name for a second year, Your domain name registration will automatically revert back to WWD and WWD will gain full rights of registration to such domain name.

You agree that if You delete or Transfer Your .info or .biz or .us domain name during the first year, You will automatically be charged the second year renewal fees.

23. OTHER COUNTRY CODE TOP LEVEL DOMAINS

You represent and warrant that You meet the eligibility requirements of each country code top level domain ("ccTLD") You apply for. You further agree to be bound by any registry rules, policies, and agreements for that particular ccTLD. These may include, but are not limited to, agreeing to indemnify the ccTLD provider, limiting the liability of the ccTLD provider, and requirements that any disputes be resolved under that particular countrys laws.

You agree to let WWD automatically renew, for the minimum period (typically one year), any domain name that is up for renewal and charge the credit card You have on file with WWD, at Wild West Domains' then current rates.

24. PROVISIONS SPECIFIC TO .AT, .BE, .CO.NZ, .NET.NZ, .ORG.NZ, & .COM.MX REGISTRATIONS

You understand and agree that in order to register these domains, a pre-registration DNS validation check is required by the Registry.

25. ADDITIONAL REQUIREMENTS FOR .MX, and .UK (.ORG.UK, .ME.UK, .CO.UK) REGISTRATIONS

You understand and agree that when You register one of these domains, that the minimum term is two years.

26. PROVISIONS SPECIFIC TO .DE REGISTRANTS

You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are located at http://www.denic.de/doc/faq/vergaberichtlinie.en.html and are incorporated herein.

.DE REGISTRATION RESTRICTIONS

You represent and warrant that You or Your administrative contact has a German address, which cannot be a P.O. Box. You may not use the names of other top-level domains (e.g. .ARPA, .COM, .EDU, .GOV, .INT, .NET, .NATO, .MIL, .ORG and all country-related TLDs) or German automobile identification numbers as domain names.

27. .JP REGISTRATION RESTRICTIONS

You represent and warrant that You have a local presence in Japan with a home or office address. You agree that certain domains are reserved and can only be registered by certain parties. These include:

  • TLDs, other than ccTLDs, as determined by ICANN;
  • Geographical-type .JP domain names that are defined as metropolitan, prefectural, and municipal labels;
  • Names of primary and secondary educational organizations
  • Names of organizations related to Internet management;
  • Names required for .JP domain name operations; and
  • Character strings which may be confused with ASCII-converted Japanese domain names.

The complete list of .JP Reserved Domains located at http://www.nic.ad.jp/dotjp/doc/dotjp-reserved.html.

ADDITIONAL REQUIREMENTS FOR .JP REGISTRANTS

You must choose from the following list of Japanese Prefecture codes and submit this information with Your order. Prefecture codes are defined as follows:

01 HOKKAIDO 13 SAITAMA 25 OSKA 37 TOKUSHIMA
02 AOMORI 14 IBARAKI 26 WAKAYAMA 38 EHIME
03 IWATE 15 TOCHIGI 27 HYOGO 39 KOCHI
04 AKITA 16 GUNMA 28 TOYAMA 40 FUKUOKA
05 YAMAGATA 17 YAMANASHI 29 FUKUI 41 SAGA
06 MIYAGI 18 SHIZUOKA 30 ISHIKAWA 42 NAGASAKI
07 FUKUSHIMA 19 GIFO 31 OKAYAMA 43 KUMAMOTO
08 NIIGATA 20 AICHI 32 SHIMANE 44 OITA
09 NAGANO 21 MIE 33 YAMAGUCHI 45 MIYAZAKI
10 TOKYO 22 KYOTO 34 TOTTORI 46 KAGOSHIMA
11 KANAGAWA 23 SHIGA 35 HIROSHIMA 47 OKINAWA
12 CHIBA 24 NARA 36 KAGAWA  

28. PROVISIONS SPECIFIC TO .NZ REGISTRANTS

You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are located at http://www.domainz.net.nz/Domainz.asp?Content=Terms and are incorporated herein.

.NZ REGISTRATION RESTRICTIONS (.CO.NZ, .ORG.NZ, .NET.NZ)

You represent and warrant that You are an identifiable individual over 18 years of age or a properly constituted organization.

29. PROVISIONS SPECIFIC TO .AT REGISTRANTS

You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are located at http://www.nic.at/en/agb/ag_agb.asp and are incorporated herein.

30. PROVISIONS SPECIFIC TO .UK REGISTRANTS

You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are located at http://www.nominet.org.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html and are incorporated herein.

31. PROVISIONS SPECIFIC TO .CC REGISTRANTS

You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are located at http://www.enic.cc/en-def-278536184acd/en/policies/registration-agree.shtml and are incorporated herein.

32. PROVISIONS SPECIFIC TO .TV REGISTRANTS

You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are located at http://www.tv/en-def-1682bbf8e012/en/policies/registration-agree.shtml and are incorporated herein.

.TV REGISTRATION RESTRICTIONS

If You are registering a multi-lingual .TV domain name, You are aware of and agree that the domain name must be less than 16 characters in length. The FAQ on multi-lingual .TV domain names is located at http://www.tv/en-def-1682bbf8e012/en/multi/multi_faq.shtml.