
Table of Contents
- General Provisions (Sections 1 - 30)
- Domains (Schedules A, B, C, D, E,
F, G)
- Private Registration (Schedule H)
- Change of Registrar Service (Schedule I)
- Registrant Name Change Agreement (Schedule
J)
- Next Registration Rights Subscription Service
(Schedule K)
- E-mail (Schedule L)
- Web Forwarding (Schedule M)
- SureList Service (Schedule N)
- Websites (Schedule O)
- SuperStats, Counter, Broadserver,
EZpolls and GuestBook Services -- Purchased directly from
Network Solutions (Schedule P)
- SuperStats, WatchDog, Counter, SubmitWizard,
SiteMiner, BroadServer, EZpolls and GuestBook Services -- Purchased from the MyComputer Storefront
(Schedule Q)
- 100-Year Domain Service (Schedule R)
This is Service Agreement Version
Number 6.8.
1. Introduction
In this Service Agreement ("Agreement"), "you" and "your"
refer to each customer ("Customer") and its agents, including
each person listed in your account information as being associated
with your account, and "we", "us" and "our" refer collectively
to Network Solutions, LLC and its wholly-owned subsidiaries
("Network Solutions"). This Agreement explains our obligations
to you, and your obligations to us in relation to the Network
Solutions service(s) you purchase. By purchasing Network Solutions
service(s) you agree to establish an account with us for such
services. When you use your account or permit someone else
to use your account to purchase or otherwise acquire access
to additional Network Solutions service(s) or to modify or
cancel your Network Solutions service(s) (even if we were
not notified of such authorization), this Agreement as amended
covers any such service or actions. Additionally, you agree
that each person listed in your account information as being
associated with your account for any services provided to
you (including, but not limited to, domain name registration
services) is your agent with full authority to act on your
behalf with respect to such services in accordance with the
permissions granted, and that the Primary Contact and Account
Administrative Contact for your account shall have the authority,
without limitation, to terminate, transfer (where transfer
is permitted by the Agreement), or modify such services or
your account information, or purchase additional services.
Any acceptance of your application(s) or requests for our
services and the performance of our services will occur at
our offices in Herndon, Virginia , the location of our principal
places of business. Except as otherwise expressly set forth
in this Agreement, you agree that if you list, directly or
by default, Network Solutions as a contact for your account
and/or any of the services in your account, we have the right,
without notice, to remove our name and/or information from
any such account or service and to replace the same with the
name and/or information provided by you for any other contact
associated with that account or service.
2. Various Services
Sections 1 through 30 apply to any and all Network Solutions
services that you purchase. The terms and conditions set forth
in Schedules A through R of this Agreement apply only to customers
who have purchased the Network Solutions services referenced
in those Schedules. In the event of any inconsistency between
the terms of Sections 1 through 30 and the terms of Schedules
A through R, the terms of Schedules A through R shall control
with regard to the applicable Network Solutions service. IMPORTANT
NOTICE CONCERNING BUNDLED SERVICES: If you purchase Network
Solutions services that are sold together as a "bundled" package
(e.g., you select a Web Site package that includes both a
domain name and a Network Solutions Web Site, as opposed to
your purchasing such services separately), termination of
any part of the services will result in termination of all
Network Solutions services provided as part of the bundled
package. Please see Section 10(d) of this Agreement for more
information.
3. Fees, Payment and Term of Service
As consideration for the services you purchased, you agree
to pay Network Solutions the applicable service(s) fees set
forth on our Web site at the time of your selection, or, if
applicable, upon receipt of your invoice from Network Solutions.
All fees are due immediately and are non-refundable, except
as otherwise expressly noted in one or more of Schedules A
through R. If you qualify, we may extend payment terms to
you under our Business Account Credit Program. Unless otherwise
specified herein or on our Web site, each Network Solutions
service is for a one-year initial term and renewable thereafter
for successive one to ten-year terms, as set forth during
the renewal process. Any renewal of your services with us
is subject to our then current terms and conditions, including,
but not limited to, successful completion of any applicable
authentication procedure, and payment of all applicable service
fees at the time of renewal and in the case of domain name
re-registration, the domain name registry's acceptance of
your domain name registration. Except with respect to service
to which you subscribe on a monthly basis, we will endeavor
to provide you notice prior to the renewal of your services
at least fifteen (15) days in advance of the renewal date.
Additional payment terms may apply to the Network Solutions
services you purchase, as set forth in the applicable Schedules
to this Agreement. We may provide you with an opportunity
to "opt in" to our automatic renewal process in accordance
with the instructions (and subject to your agreement to the
terms and conditions pertaining to that process) on our Web
site. You agree that if you use of our auto-renew service,
we will attempt to renew your service approximately forty-five
(45) days prior to its expiration, for the same term then-currently
in place for the service, and at the then-current price for
the service. You acknowledge and agree that the renewal price
may be higher or lower than the price you paid for the then-current
term of the service, and that we are authorized to charge
your credit card on file for the renewal of the service(s).
In any event, you are solely responsible for the credit card
information you provide to Network Solutions and must promptly
inform Network Solutions of any changes thereto (e.g., change
of expiration date or account number). In addition, you are
solely responsible for ensuring the services are renewed.
Network Solutions shall have no liability to you or any third
party in connection with the renewal as described herein,
including, but not limited to, any failure or errors in renewing
the services. In order to process a renewal under our auto-renew
service, we may use third-party vendors for the purpose of
updating the expiration date of your credit card on file.
Such third-party vendors maintain relationships with various
credit card issuers and may be able to provide us with the
updated expiration date for your credit card by comparing
the information we have on file with the information the third-party
has on file. By selecting our auto-renew service, you acknowledge
and agree that we may share your credit card information with
such a third-party vendor for the purpose of obtaining any
update to your credit card expiration date. You agree to pay
all value added, sales and other taxes (other than taxes based
on Network Solutions income) related to Network Solutions
services or payments made by you hereunder. All payments of
fees for Network Solutions services shall be made in U.S.
dollars. Set up fees, if any, will become payable on the applicable
effective date for the applicable Network Solutions services.
All sums due and payable that remain unpaid after any applicable
cure period herein will accrue interest as a late charge of
1.5% per month or the maximum amount allowed by law, whichever
is less.
4. Accurate Information
You agree to: (1) provide certain true, current, complete
and accurate information about you as required by the application
process; and (2) maintain and update according to our modification
procedures the information you provided to us when purchasing
our services as needed to keep it current, complete and accurate.
We rely on this information to send you important information
and notices regarding your account and our services. You agree
that Network Solutions (itself or through its third party
service providers) is authorized, but not obligated, to use
Coding Accuracy Support System (CASS) certified software and/or
the National Change of Address program (and/or such other
systems or programs as may be recognized by the United States
Postal Service or other international postal authority for
updating and/or standardizing address information) to change
any address information associated with your account (e.g.,
registrant address, billing contact address, etc.), and you
agree that Network Solutions may use and rely upon any such
changed address information for all purposes in connection
with your account (including the sending of invoices and other
important account information) as though such changes had
been made directly by you.
5. Privacy
Our privacy statement, (a) for Web sites and/or value added
services purchased through www.netsolwebsites.com
is located on our Web site at
http://wsm.ezsitedesigner.com/privacy/PrivacyPolicy.html
and is incorporated herein by reference, as it is applicable
to such Web site purchases (other services purchased through
www.netsolwebsites.com,
including, but not limited to, domain name registrations,
are covered by the privacy statement set forth on our Web
site at http://www.networksolutions.com/en_US/legal/privacy-policy.jhtml),
(b) for Network Solutions services purchased through
www.mycomputer.com
is located on our Web site at
http://www.mycomputer.com/agreements/privacy_policy.html
and is incorporated herein by reference for all such Network
Solutions services, and (d) for all other Network Solutions
services is located on our Web site at
http://www.networksolutions.com/en_US/legal/privacy-policy.jhtml
and is incorporated herein by reference for all such Network
Solutions services. The applicable privacy statement sets
forth your and our rights and responsibilities with regard
to your personal information. You agree that we, in our sole
discretion, may modify our privacy statement. We will post
such revised statement on our Web site at least thirty (30)
calendar days before it becomes effective. You agree that,
by using our services after modifications to the privacy statement
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 except
as otherwise expressly provided in one or more of the Schedules
attached hereto. We will not process the personal data that
we collect from you in a way incompatible with the purposes
and other limitations described in our privacy statement.
You represent and warrant that you have provided notice to,
and obtained consent from, any third party individuals whose
personal data you supply to us as part of our services with
regard to: (i) the purposes for which such third party's personal
data has been collected, (ii) the intended recipients or categories
of recipients of the third party's personal data, (iii) which
parts of the third party's data are obligatory and which parts,
if any, are voluntary; and (iv) how the third party can access
and, if necessary, rectify the data held about them. You further
agree to provide such notice and obtain such consent with
regard to any third party personal data you supply to us in
the future. We are not responsible for any consequences resulting
from your failure to provide notice or receive consent from
such individuals nor for your providing outdated, incomplete
or inaccurate information.
6. Ownership
Except as otherwise set forth herein, all right, title and
interest in and to all, (i) registered and unregistered trademarks,
service marks and logos; (ii) patents, patent applications,
and patentable ideas, inventions, and/or improvements; (iii)
trade secrets, proprietary information, and know-how; (iv)
all divisions, continuations, reissues, renewals, and extensions
thereof now existing or hereafter filed, issued, or acquired;
(v) registered and unregistered copyrights including, without
limitation, any forms, images, audiovisual displays, text,
software and (vi) all other intellectual property, proprietary
rights or other rights related to intangible property which
are used, developed, comprising, embodied in, or practiced
in connection with any of the Network Solutions services identified
herein ("Network Solutions Intellectual Property Rights")
are owned by Network Solutions or its licensors, and you agree
to make no claim of interest in or ownership of any such Network
Solutions Intellectual Property Rights. You acknowledge that
no title to the Network Solutions Intellectual Property Rights
is transferred to you, and that you do not obtain any rights,
express or implied, in the Network Solutions or its licensors'
service, other than the rights expressly granted in this Agreement.
To the extent that you create any Derivative Work (any work
that is based upon one or more preexisting versions of a work
provided to you, such as an enhancement or modification, revision,
translation, abridgement, condensation, expansion, collection,
compilation or any other form in which such preexisting works
may be recast, transformed or adapted) such Derivative Work
shall be owned by Network Solutions and all right, title and
interest in and to each such Derivative Work shall automatically
vest in Network Solutions. Network Solutions shall have no
obligation to grant you any right in any such Derivative Work.
7. Exclusive Remedy
YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY,
IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY NETWORK
SOLUTIONS SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR
FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE
AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS
AGREEMENT. IN NO EVENT SHALL NETWORK SOLUTIONS, ITS LICENSORS
AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING SERVICES
AS PART OF THE SUBSCRIPTION SERVICE FOR WEBSITES FROM NETWORK
SOLUTIONS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES EVEN IF NETWORK SOLUTIONS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT
THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF
LIABILITY AS SET FORTH HEREIN NETWORK SOLUTIONS'S LIABILITY
IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES.
Network Solutions and its licensors and contractors 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 number,
password or security authentication option; (5) loss or liability
resulting from errors, omissions, or misstatements in any
and all information or service(s) provided under this agreement;
(6) loss or liability relating to the deletion of or failure
to store e-mail messages; (7) loss or liability resulting
from the development or interruption of your web site or your
Network Solutions web site; (8) loss or liability from your
inability to use our e-mail service, web site manager service
or any component of the subscription service (for websites
from Network Solutions); (9) loss or liability that you may
incur in connection with our processing of your application
for our services, our processing of any authorized modification
to your domain name record or your agent's failure to pay
any fees, including the initial registration fee or reregistration
fee; (10) loss or liability as a result of the application
of our dispute policy; or (11) loss or liability relating
to limitations, incompatibilities, defects, or other problems
inherent in xml, xkms, or any other standard not under Network
Solutions sole control.
8. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS'
SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF
SUCH SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE"
BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE AND
OUR LICENSORS 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. NEITHER NETWORK SOLUTIONS NOR
OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER
WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR
OUR LICENSORS 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 OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES 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 ANY OF OUR SERVICES OR ANY TRANSACTIONS
ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH
OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY
WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY
YOU FROM A THIRD PARTY.
9. Indemnity
You agree to release, indemnify, defend and hold harmless
Network Solutions and any of our (or their) contractors, agents,
employees, officers, directors, shareholders, affiliates and
assigns from all liabilities, claims, damages, costs and expenses,
including reasonable attorneys' fees and expenses, relating
to or arising out of (a) this Agreement or the breach of your
warranties, representations and obligations under this Agreement,
(b) the Network Solutions services or your use of such services,
including without limitation infringement or dilution by you,
or someone else using our service(s) from your computer, (c)
any intellectual property or other proprietary right of any
person or entity, (d) a violation of any of our operating
rules or policies relating to the service(s) provided, (e)
any information or data you supplied to Network Solutions,
including, without limitation, any misrepresentation in your
application, if applicable, (f) the inclusion of meta-tags
or other elements in any website created for you or by you
via the Network Solutions services, or (g) any information,
material, or services available on your licensed Network Solutions
Web Site . When we are threatened with suit or sued 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 material breach
of this Agreement. We shall have the right to participate
in any defense by you of a third-party claim related to your
use of any of the Network Solutions services, with counsel
of our choice at our own expense. We shall reasonably cooperate
in the defense at your request and expense. You shall have
sole responsibility to defend us against any claim, but you
must receive our prior written consent regarding any related
settlement. The terms of this paragraph will survive any termination
or cancellation of this Agreement.
10. Termination
a. By You. You may terminate this Agreement upon at least
thirty (30) days written notice to Network Solutions for any
reason.
b. By Us. We may terminate this Agreement or any part of
the Network Solutions services at any time in the event you
breach any obligation hereunder, fail to respond within ten
(10) calendar days to an inquiry from us concerning the accuracy
or completeness of the information referred to in Section
4 of this Agreement, if we determine in our sole discretion
that you have violated the Network Solutions Acceptable Use
Policy, which is located on our Web site at
http://www.networksolutions.com/en_US/legal/aup.jhtml
and is incorporated herein and made part of this Agreement
by reference, or upon thirty (30) days prior written notice
if we terminate or significantly alter a product or service
offering.
c. Effect of Termination. Network Solutions will cease charging
your credit card, if applicable, for any monthly service fees
as of the expiration of the monthly billing cycle in which
the termination is effective. Unless otherwise specified in
writing by Network Solutions, you will not receive any refund
for payments already made by you as of the date of termination,
and, you may incur additional fees (in the case of a monthly
or annual subscription being paid over time, as provided in
various Schedules below). If termination of this Agreement
is due to your default hereunder, you shall bear all costs
of such termination, including any reasonable costs Network
Solutions incurs in closing your account. You agree to pay
any and all costs incurred by Network Solutions in enforcing
your compliance with this Section. Upon termination, you shall
destroy any copy of the materials licensed to you hereunder
and referenced herein. You agree that upon termination or
discontinuance for any reason, we may delete all information
related to you on the Network Solutions service, if applicable.
In addition to the terms set forth herein, certain Network
Solutions services may have additional terms regarding termination,
which are set forth in the applicable Schedule.
d. Effect of Termination of Bundled Services. In addition
to the terms set forth in subsection 10(c) above, if you purchase
Network Solutions services which are sold together as part
of a "bundled" package of services, any termination relating
to such bundle will terminate all Network Solutions services
included in such bundle. For instance, any domain name registered
with or maintained by Network Solutions under this Agreement
(but not including any domain names you may have registered,
either with Network Solutions or a third-party registrar,
separately and not as part of a bundled service) will be cancelled
and may thereafter be available for registration by another
party. Upon the effective date of termination, Network Solutions
will no longer provide the bundled services to you, any licenses
granted you shall immediately terminate, and you shall cease
using such services immediately; provided, however, that we
may, in our sole discretion and subject to your agreeing to
be bound by the applicable agreement(s) and to pay the applicable
fees, allow you to convert certain services included in the
bundled services to stand alone services.
11. Representations and Warranties
You agree and warrant that: (i) neither your registration
nor use of the any of the Network Solutions services nor the
manner in which you intend to use such Network Solutions services
will directly or indirectly infringe the legal rights of a
third party, (ii) you have all requisite power and authority
to execute this Agreement and to perform your obligations
hereunder, (iii) you have selected the necessary security
option(s) for your domain name registration record, (iv) you
are of legal age to enter into this Agreement (or you are
at least 13 years of age and have your parents' permission
to apply for services hereunder); and (vi) you agree to comply
with all applicable laws and regulations.
12. Modifications to Agreement
Except as otherwise provided in this Agreement, you agree,
during the term of this Agreement, that we may: (1) revise
the terms and conditions of this Agreement; and/or (2) change
part of the services provided under this Agreement at any
time. Any such revision or change will be binding and effective
30 days after posting of the revised Agreement or change to
the service(s) on Network Solutions Web sites, or upon notification
to you by e-mail or United States mail. You agree to periodically
review our Web sites, including the current version of this
Agreement available on our Web sites, 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. Notice of your termination will be effective
on receipt and processing by us. Any fees paid by you if you
terminate your Agreement with us are nonrefundable, except
as noted in one or more of Schedules A through R, but you
will not incur any additional fees. By continuing to use Network
Solutions services after any revision to this Agreement or
change in service(s), you agree to abide by and be bound by
any such revisions or changes. We are not bound by nor should
you rely on any representation by (i) any agent, representative
or employee of any third party that you may use to apply for
our services; or in (ii) information posted on our Web site
of a general informational nature. No employee, contractor,
agent or representative of Network Solutions is authorized
to alter or amend the terms and conditions of this Agreement.
13. Account Access
To access or use the Network Solutions services or to modify
your account, you may be required to establish an account
and obtain a login name, account number, password and/or passphrase.
You authorize us to process any and all account transactions
initiated through the use of your password and/or passphrase.
You are solely responsible for maintaining the confidentiality
of your password and passphrase. You must immediately notify
us of any unauthorized use of your password or passphrase,
and you are responsible for any unauthorized activities, charges
and/or liabilities made through your password or passphrase.
In no event will we be liable for the unauthorized use or
misuse of your login name, account number, password or passphrase.
14. Agents
You agree that, if your agent, (e.g., your Primary Contact
or Account Administrative Contact, Internet Service Provider,
employee) purchased our service(s) on your behalf, you are
nonetheless bound as a principal by all terms and conditions
herein, including the domain name dispute policy. Your continued
use of our services ratifies any unauthorized actions of your
agent. By using your login name, account number or password,
or otherwise purporting to act on your behalf, your agent
certifies that he or she is authorized to apply for our services
on your behalf, that he or she is authorized to bind you to
the terms and conditions of this Agreement, that he or she
has apprised you of the terms and conditions of this Agreement,
and that he or she is otherwise authorized to act on your
behalf. In addition, you are responsible for any errors made
by your agent.
15. Reserved
16. Right of Refusal
We, in our sole discretion, reserve the right to refuse
to register your chosen domain name, issue you a digital certificate,
or register you for other Network Solutions service(s), or
to delete your chosen domain name within the first thirty
(30) calendar days from receipt of your payment for such services.
In the event we do not register your chosen domain name, issue
you a digital certificate, or register you for other Network
Solutions service(s), or we delete your chosen domain name
or other Network Solutions service(s) within such thirty (30)
calendar day period, we agree to refund any applicable fee(s)
you have paid. You agree that we shall not be liable to you
for loss or damages that may result from our refusal to register
your chosen domain name, refusal to issue a digital certificate,
the deletion of your chosen domain name or refusal to register
you for other Network Solutions service(s).
17. Notices and Announcements
(a) Except as expressly provided otherwise herein, all notices
to Network Solutions shall be in writing and delivered via
overnight courier or certified mail, return receipt requested
to Network Solutions, LLC, Attention: Legal Department, 13200
Woodland Park Drive, Herndon, Virginia 20171-3025. All notices
to you shall be delivered to your mailing address or e-mail
address as provided in your account information (as updated
by you pursuant to this Agreement) or to any e-mail address
associated with your domain name registration(s) with Network
Solutions. (b) You authorize us to contact you as our customer
via telephone, at the number provided by you in your account
information (as updated by you pursuant to this Agreement),
which telephone number is incorporated herein by reference,
e-mail or postal mail regarding information that we deem is
of potential interest to you. Notices and announcements may
include commercial e-mails, telephone solicitations and other
notices describing changes, upgrades, new products and services
or other information pertaining to Internet security or to
enhance your identity on the Internet and/or other relevant
matters.
18. Severability
You agree that the terms of this Agreement are severable.
If any term or provision is declared invalid or unenforceable,
in whole or in part, that term or provision will not affect
the remainder of this Agreement; this Agreement will be deemed
amended to the extent necessary to make this Agreement enforceable,
valid and, to the maximum extent possible consistent with
applicable law, consistent with the original intentions of
the parties; and the remaining terms and provisions will remain
in full force and effect.
19. Entire Agreement
You agree that this Agreement, the rules and policies incorporated
by reference in this Agreement (including, without limitation,
the dispute policy and the privacy statement) are the entire,
complete and exclusive agreement between you and us regarding
our services and supersede all prior agreements and understandings,
whether written or oral, or whether established by custom,
practice, policy or precedent, with respect to the subject
matter of this Agreement, including, without limitation, any
purchase order provided by you for the Services.
20. Assignment and Resale
Except as otherwise set forth herein, your rights under this
Agreement are not assignable or transferable. Any attempt
by your creditors to obtain an interest in your rights under
this Agreement, whether by attachment, levy, garnishment or
otherwise, renders this Agreement voidable at our option.
You agree not to resell any of the Services without Network
Solutions prior express written consent.
21. Governing Law
a. Except as provided in Section 21(b) below, and as set
forth in Schedule A, Paragraph 7, concerning domain name disputes
brought by a third party, you and Network Solutions agree
that this Agreement and any disputes hereunder shall be governed
in all respects by and construed in accordance with the laws
of the Commonwealth of Virginia, United States of America,
excluding its conflict of laws rules. You and we each agree
to submit to exclusive subject matter jurisdiction, personal
jurisdiction and venue of the United States District Court
for the Eastern District of Virginia, Alexandria Division
for any disputes between us under or arising out of this Agreement.
If there is no jurisdiction in the United States District
Court for the Eastern District of Virginia, Alexandria Division,
for any disputes between us under or arising out of this Agreement
you and we agree that jurisdiction shall be in the courts
of Fairfax County, Fairfax, Virginia.
b.Reserved.
c. The parties hereby waive any right to jury trial with
respect to any action brought in connection with this Agreement.
d. The application of the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.
22. Agreement to be Bound
By applying for a Network Solutions service(s) through our
online application process or otherwise, or by using the service(s)
provided by Network Solutions under this Agreement, you acknowledge
that you have read and agree to be bound by all terms and
conditions of this Agreement and documents incorporated by
reference.
23. Independent Parties
Neither party nor their employees, consultants, contractors
or agents are agents, employees or joint ventures of the other
party, and they do not have any authority to bind the other
party by contract or otherwise to any obligation. Each party
shall ensure that the foregoing persons shall not represent
to the contrary, either expressly, implicitly, by appearance
or otherwise.
24. Waiver
No waiver of any provision of this Agreement shall be effective
unless it is in writing and signed by an authorized representative
of Network Solutions. The remedies of Network Solutions under
this Agreement shall be cumulative and not alternative, and
the election of one remedy for a breach shall not preclude
pursuit of other remedies. The failure of a party, at any
time or from time to time, to require performance of any obligations
of the other party hereunder shall not affect its right to
enforce any provision of this Agreement at a subsequent time,
and the waiver of any rights arising out of any breach shall
not be construed as a waiver of any rights arising out of
any prior or subsequent breach.
25. Export Restrictions
You acknowledge and agree that you shall not import, export,
or re-export directly or indirectly, any commodity, including
your products incorporating or using any Network Solutions
services in violation of the laws and regulations of any applicable
jurisdiction.
26. U.S. Government Users
In the event any software is provided by Network Solutions
to a U.S. Government User, the software and accompanying documentation
which are used as part of the Network Solutions service are
"commercial items," as such terms are defined at 48 C.F.R.
2.101 (Oct 1995), consisting of "commercial computer software"
and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided
to the U.S. Government only as a commercial end item. Consistent
with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(Jun 1995), all U.S. Government entities acquiring the use
of the Service and accompanying documentation shall have only
those rights set forth herein.
27. Force Majeure
Neither party shall be deemed in default hereunder, nor shall
it hold the other party responsible for, any cessation, interruption
or delay in the performance of its obligations hereunder due
to earthquake, flood, fire, storm, natural disaster, act of
God, war, terrorism, armed conflict, labor strike, lockout,
or boycott, provided that the party relying upon this section
(i) shall have given the other party written notice thereof
promptly and, in any event, within five (5) days of discovery
thereof and (ii) shall take all steps reasonably necessary
under the circumstances to mitigate the effects of the force
majeure event upon which such notice is based; provided further,
that in the event a force majeure event described in this
Section extends for a period in excess of thirty (30) days
in the aggregate, Network Solutions may immediately terminate
this Agreement.
28. Headings
The section headings appearing in this Agreement are inserted
only as a matter of convenience and in no way define, limit,
construe or describe the scope or extent of such section or
in any way affect such section.
29. Survival
In the event this Agreement terminates as provided herein,
Sections 1, 2, 3, 6, 7, 8, 9, 10(c), 10(d), 14, and 17 through
29 of this Agreement shall survive such expiration or termination.
30. Airline Frequent Flyer Miles
Network Solutions may provide you with the opportunity to
receive airline frequent flyer miles ("Miles") with select
airlines as determined by Network Solutions, in its sole discretion
from time to time, for qualifying purchases in accordance
with the terms and conditions set forth on our Web site. You
acknowledge and agree that (a) any Miles accrued and awards
issued are subject to the terms and conditions of the applicable
frequent flyer program, (b) all applicable taxes and fees
related to such Miles and/or award travel are your responsibility,
(c) in order to earn Miles for qualifying purchases the name
on your Network Solutions account and the applicable frequent
flyer account must match, (d) Network Solutions has your permission
to provide your account information to the applicable airline
granting any such Miles, (e) you will only be eligible to
receive up to one hundred thousand (100,000) American Airlines®
AAdvantage® Miles during a 12-month period if you are
a U.S. entity or citizen or sixty thousand (60,000)
American Airlines AAdvantage Miles during a 12-month period
if you are a non-US entity or citizen, (f) you will only be
eligible to receive up to fifty thousand (50,000) United®
Mileage Plus® Miles during a 12-month period, (g) all
Delta SkyMiles® credited to your Delta SkyMiles program
account shall be standard miles and shall not count toward
medallion or other elite status unless otherwise stated by
Delta, (h) all US Airways® Dividend Miles terms and conditions
apply, and (i) all claims related to or arising from uncredited
Miles must be made within one (1) year of the date of any
such qualifying purchase. Please allow 6-8 weeks for Miles
to be posted to the applicable frequent flyer account. You
are eligible to earn Miles for qualifying purchases unless
otherwise stated by the applicable airline frequent flyer
program, your employer or other third party.
American Airlines and AAdvantage are registered marks of
American Airlines, Inc.
American Airlines reserves the right to change the AAdvantage
program at any time without notice. American Airlines is not
responsible for products or services offered by other participating
companies. For complete details about the AAdvantage program,
visit www.aa.com.
United® and Mileage Plus® are registered trademarks
of United Air Lines, Inc.
United may change Mileage Plus program rules, regulations,
travel awards and special offers or terminate the Mileage
Plus program at any time and without notice. United, its subsidiaries,
affiliates, and agents are not responsible for any products
and services of other participating companies. For complete
details about the Mileage Plus program, visit www.united.com
.
Network Solutions reserves the right to end or amend this
program without notice.
SERVICE SPECIFIC TERMS: The following terms apply in addition
to Sections 1 through 30 only if you have purchased the particular
service described:
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Schedule A to Network Solutions Service Agreement
Additional Terms Applicable to Registrants of Domain Names
1. Security. Network Solutions does not guarantee
the security of your domain name registration records, and
you assume all risks that the password and/or passphrase you
select may be compromised as a result of fraudulent, unauthorized
or illegal activity.
2. Fees and Payment. Initial domain name registrations,
and domain name registrations that have passed the registration
agreement's anniversary date, must be in a paid status to
transfer, delete, modify, or otherwise to request Network
Solutions to affect the domain name record or to provide domain
name services. Domain name registrations in an unpaid status
are routinely deleted on a regular basis.
3. Transfers and Licensing of Use. You agree that you may
not transfer your domain name registration to another domain
name registrar during the first sixty (60) days from the effective
date of your initial domain name registration with us. You
may transfer your domain name registration to a third party
of your choice, subject to the procedures and conditions found
at: http://www.networksolutions.com/en_US/legal/static-service-agreement.jhtml#rnca,
incorporated herein by reference. Even if you license the
use of our domain name registration services to a third party,
you remain responsible for complying with all terms and conditions
of this Agreement, and you accept liability for harm caused
by such licensee's wrongful use of our domain name registration
services, unless you promptly disclose the identity of such
license upon request by any person who provides reasonable
evidence of actionable harm.
4. Network Solutions's Disclosure of Certain Information.
Subject to the requirements of our privacy statement, in order
for us to comply the current rules and policies for the domain
name system, you hereby grant to Network Solutions the right
to disclose to third parties through an interactive publicly
accessible registration database the following mandatory information
that you are required to provide when registering or reserving
a domain name: (i) the domain name(s) registered by you; (ii)
your name and postal address; (iii) the name(s), postal address(es),
e-mail address(es), voice telephone number and where available
the fax number(s) of the technical and administrative contacts
for your domain name(s); (iv) the Internet protocol numbers
of the primary nameserver and secondary nameserver(s) for
such domain name(s); (v) the corresponding names of those
nameservers; (vi) the original creation date of the registration;
and (vii) the expiration date of the registration. You also
grant to Network Solutions the right to make this information
available in bulk form to third parties who agree not to use
it to (a) allow, enable or otherwise support the transmission
of mass unsolicited, commercial advertising or solicitations
via telephone, facsimile, or e-mail (spam) or (b) enable high
volume, automated, electronic processes that apply to our
systems to register domain names.
5. Domain Name Dispute Policy. If you registered a 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. The current version of
the domain name dispute policy may be found at our Web site:
http://www.networksolutions.com/en_US/legal/dispute-policy.jhtml.
6. 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.
7. 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.
For any dispute with, or challenge by, a third party concerning
or arising from your use of a domain name registered with
us or your use of our domain name registration services, you
agree to submit to subject matter jurisdiction, personal jurisdiction
and venue of the United States District Court for the Eastern
District of Virginia, Alexandria Division and the courts of
your domicile. 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. You agree that we will comply with all court orders,
domestic or international, directed against you and/or the
domain name registration.
8. No Guaranty. You agree that, by registration of
your chosen domain name, such registration does not confer
immunity from objection to either the registration or use
of your domain name.
9. Revocation. You agree that we may suspend, cancel or
transfer your services, including, but not limited to, domain
name registration services in order to: (i) correct mistakes
made by us, another registrar or the registry in registering
your chosen domain name, or (ii) to resolve a dispute under
our domain name dispute policy.
10. Survival. In the event the Agreement or this Schedule
terminates, Sections 4, 5, 6, 7, 9 and 10 of this Schedule
shall survive such expiration or termination.
11. Under Construction Page. You acknowledge and agree that
any or all domain names that are (i) registered with Network
Solutions, (ii) hosted on a Network Solutions domain name
server, and (iii) do not otherwise resolve to an active Web
site, may resolve to an "under construction" or similar temporary
Web page ("Under Construction Page"), and that Network Solutions
may place on any such Under Construction Page promotions and
advertisements for, and links to, Network Solutions's Web
site, Network Solutions product and service offerings, third-party
Web sites, third-party product and service offerings, and/or
Internet search engines. You agree that Network Solutions
may change the content and/or appearance of, or disable, any
Under Construction Page at any time, in its sole discretion,
and without prior notice. If for any reason, you do not want
a domain name to resolve to the Under Construction Page described
above, you may select an Under Construction Page that contains
only Network Solutions branding and a domain name registration
search box, as provided on our Web Site.
12. Requests to Change Registrar. You agree that Network
Solutions may deny any request to transfer a domain name registration
that is otherwise capable of transfer to another registrar
where you fail to respond appropriately to a transfer confirmation
request from Network Solutions.
13. Domain Protect. You agree that we may, but are not obligated
to, place your domain name registration in a Domain Protect
status to prevent unauthorized transfers of your domain name
registration, as described on our Web site. You acknowledge
and agree that in order to transfer a domain name registration
that is in a Domain Protect status, you may first have to
access the account manager tool on our Web site and remove
the domain name registration from Domain Protect status.
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Schedule B to Network Solutions Service Agreement
Additional Terms Applicable to Registrants Of Domain Names
in the Country Code Top-Level Domains.
I. All cc-TLDs. In addition to the terms set forth in Schedule
A, the following terms shall apply to registrants of domain
names registered in the country-code top-level domains available
for registration on our Web site ("ccTLDs"), including but
not limited to the .tv, .cc, .bz,.ws, .au, .uk, .be, .br,
.az, .at, .com.mx, .nz and .de country-code top-level domains.
Your registration of a domain name in any ccTLD (each a "New
TLD Domain Name"), is subject to policies established or revised
from time to time by the registry for such New TLD Domain
Name ("New TLD Registry"), in its capacity as the registry
for its respective Top Level Domain. Each respective New TLD
Registry's current policies ("New TLD Registry Policies")
are available for you to review at each New TLD's respective
website (for example, the registry policy for .nu can be found
at http://nunames.nu/about/terms.cfm,
the registry policy for .bz can be found at
http://www.belizenic.bz/terms.php,
the registry policy for .be can be found at
http://www.dns.be/eng/DomainInfo/enduser_termsandconditions.htm,
the registry policy for .com.mx can be found at
http://www.nic.mx/nic/plsql/nic_Politicas.nic_Politicas_Dominios,
the registry policy for .nz can be found at
http://www.domainz.net.nz/Domainz.asp?Content=Terms,
the registry policy for .de can be found at
http://www.denic.de/doc/DENIC/agb.en.html,
the registry policy for .uk can be found at
http://www.nominet.org.uk/nominet-terms.html).
You agree to be bound by and comply with the applicable New
TLD Registry Policies, including amendments and modifications
thereto, with respect to your New TLD Domain Name registration.
You acknowledge and agree that you have reviewed and satisfied
yourself as to the obligations and conditions contained in
the applicable New TLD Registry Policies. Such policies shall
not alter the terms and conditions of this Agreement. To the
extent there is a conflict between the New TLD Registry policies
and the terms of this Agreement, the terms of this Agreement
shall prevail. You agree that the New TLD Registry has the
right to enforce the New TLD Registry Policies. With respect
to any domain name registrations in the .de ccTLD, and subject
to the limitation of liability and indemnification provisions
contained in Sections 7 and 9, respectively, of the General
Terms and Conditions of the Agreement, you authorize and direct
us to designate Network Solutions personnel as your administrative
contact for all such domain name registrations. With respect
to any domain name registrations in the .nz ccTLD, and subject
to the limitation of liability and indemnification provisions
contained in Sections 7 and 9, respectively, of the General
Terms and Conditions of the Agreement, you authorize and direct
us to (i) submit service request to and interact with the
.nz New TLD Registry on your behalf and (ii) designate a Network
Solutions email address as the registrant email address of
record with the .nz New TLD Registry.
II. Additional Terms for .AU ccTLD. In addition to the terms
set forth in Schedule A and above in this Schedule, the following
additional terms shall apply to registrants of domain names
registered in the .au country-code top-level domain.
Summary
The terms and conditions set forth below govern the registration
of domain names in the .au country-code top-level domain and
are mandated by auDA (as defined below).
For purposes of this Schedule, the defined terms set forth
below shall have the following meaning:
"auDA"means .au Domain Administration
Limited ACN 079 009 340, the regulatory body responsible for
administering the .au ccTLD and its associated sub-domains.
"Domain Name"means the domain name registered
in the .au country-code top-level domain in accordance with
this Agreement.
"Domain Name Application"means an application
by a Registrant for a Domain Name License, or the renewal
of an existing Domain Name License.
"Domain Name License"means the License
to use a Domain Name for a specified period of time, as evidenced
by a certificate of registration issued by the Registrar to
the Registrant.
"National Privacy Principles"has the same
meaning as in the Privacy Act 1988 (Cth).
"Published Policies"means those specifications
and policies established and published by auDA from time to
time, as the self-regulatory body responsible for the administration
of the .au ccTLD, in accordance with its constitution.
"Registrant"means a holder of, or an applicant
for, a Domain Name License, and includes its agent.
"Registrant Agreement"means this Agreement.
"Registrant Data"means the Registrant
data submitted by the Registrar to the Registry.
"Registrar"means Network Solutions, LLC
and its wholly owned subsidiaries.
1. REGISTRAR'S AGENCY.
The Registrar agrees and covenants to act as agent for auDA
for the sole purpose, but only to the extent necessary, to
enable auDA to receive the benefit of rights and covenants
conferred to them under this Registrant Agreement.
2. REGISTRATION OF DOMAIN NAMES
2.1 A Domain Name Application must be in the form prescribed
under the Published Policies. The Domain Name must comply
with the Published Policies.
2.2 The Registrar and the Registrant do not have any proprietary
right arising from:
2.2.1 the registered Domain Name; or
2.2.2 the entry of a Domain Name in the Registry Database.
2.3 All personal information pertaining to the Registrant
is held by auDA for the benefit of the Australian public.
3. CONSENT TO USE REGISTRANT INFORMATION
3.1 The Registrant grants to auDA, the right to publicly
disclose to third parties, all information relating to the
registered Domain Names in accordance with the Published Policies
which are available on auDA's website http://www.auda.org.au
.
3.2 The Registrant grants to the Registrar, the right to
disclose to the Registry Operator, all information which are
reasonably required by the Registry Operator in order to register
the Domain Name in the Registry.
3.3 The Registrant grants to the Registry Operator, the
right to publicly disclose to third parties, all information
relating to the registered Domain Name to enable the Registry
Operator to maintain a public WHOIS service, provided that
such disclosure is consistent with:
3.4 the National Privacy Principles; and
3.5 auDA's Published Policies.
4. CHANGE OF REGISTRARS
4.1 The Registrar must ensure that the Registrant can easily
transfer registered Domain Names to another registrar in accordance
with the Published Policies. The Published Policies include,
but are not limited to, such matters as:
4.1.1 the maximum fees chargeable by the Registrar;
4.1.2 when fees are not chargeable by the Registrar;
4.1.3 the conditions pursuant to which the Registrar must
transfer; and
4.1.4 the conditions pursuant to which the Registrar does
not have to transfer.
4.2 In the event that:
4.2.1 the Registrar is no longer a registrar; or
4.2.2 the Registrar's auDA Accreditation is suspended or
terminated; or
4.2.3 the Registrar Agreement is terminated by auDA, the
Registrant is responsible for transferring the registered
Domain Name to a new registrar in accordance with the Published
Policies within 30 days of written notice being provided to
the Registrant by auDA.
4.3 In the event that the Registrar Agreement between auDA
and the Registrar is terminated, the Registrar must not charge
the Registrant any fee for the transfer of the registered
Domain Name to another registrar.
5. REGISTRAR'S OTHER OBLIGATIONS
5.1 The Registrar must immediately give written notice to
the Registrant if:
5.1.1 the Registrar is no longer a registrar; or
5.1.2 the Registrar's auDA Accreditation is suspended or
terminated; or
5.1.3 the Registrar Agreement is terminated by auDA.
5.2 auDA may post notice of:
5.2.1 the fact that the Registrar is no longer a registrar;
5.2.2 the suspension or termination of a Registrar's auDA
Accreditation; or
5.2.3 the termination of the Registrar Agreement between
auDA and the Registrar on its web site and may, if it considers
appropriate, give such notice to the Registrant.
6. REGISTRANT'S OTHER OBLIGATIONS
6.1 Throughout the Term of the Registrant Agreement, the
Registrant must:
6.1.1 comply with the Published Policies;
6.1.2 give notice to the Registry Operator, through the
Registrar, of any change to any information in the Registrant
Data.
6.2 The Registrant must not, directly or indirectly, through
registration or use of its Domain Name or otherwise:
6.2.1 register a Domain Name for the purpose of selling
it;
6.2.2 register a Domain Name for the purpose of diverting
trade from another business or web site;
6.2.3 deliberately register misspellings of another entity's
company or brand name in order to trade on the reputation
of another entity's goodwill; and
6.2.4 register a Domain Name and then passively hold a Domain
Name License for the purpose of preventing another registrant
from registering it.
6.3 The Registrant must not in any way:
6.3.1 transfer or purport to transfer a proprietary right
in any domain name registration;
6.3.2 grant or purport to grant a registered domain name
as security; or
6.3.3 encumber or purport to encumber a domain name registration.
7. DISPUTE RESOLUTION
7.1 auDA currently has in place a dispute resolution policy
called auDRP (the .au Dispute Resolution Policy) which applies
in the event of disputes between a registrar and a registrant,
or between a registrant and a third party, in relation to
entitlements to domain names in .au. The auDRP binds the Registrar
and the Registrant as if it were incorporated in the Registrant
Agreement.
7.2 The Registrant acknowledges that auDA may develop and
implement other dispute resolution policies which are accessible
by the Registrant as an alternative and further to any complaints
handling procedure prescribed by the Registrar. Such policies
bind the Registrar and the Registrant as if they were incorporated
in the Registrant Agreement.
8. REGISTRANT WARRANTIES
8.1 The Registrant warrants that it meets, and continues
to meet, the eligibility criteria prescribed in auDA's Published
Policies for registering a Domain Name. In the event that
the Registrant ceases to meet such eligibility criteria, the
Domain Name License may be terminated by either the Registrar
or auDA.
8.2 The Registrant warrants that it has not previously submitted
a domain name which is the same as the Domain Name for registration
with another registrar where:
8.2.1 the Registrant is relying upon the same eligibility
criteria for both domain names; and
8.2.2 the Domain Name has previously been rejected by the
other registrar.
9. LIABILITIES
9.1 The Registrant must not pursue any claim against auDA,
and auDA is not liable for any direct, indirect, special,
punitive, exemplary or consequential damages, including but
not limited to damages resulting from loss of use, lost profits,
lost business revenue or third party damages arising from
any breach by the Registrar of its obligations under the Registrant
Agreement or the Registrar Agreement between auDA and the
Registrar.
9.2 The Registrant acknowledges and agrees that if the Registrar
has any outstanding fees owing to auDA, entitling auDA to
terminate the Registrar Agreement between auDA and the Registrar,
auDA may in its sole discretion terminate the Registrar Agreement.
9.3 The Registrant agrees that auDA is not responsible for
the use of any Domain Name in the Registry database and that
auDA is not responsible in any way for any conflict or dispute
with or any actual or threatened claim against a Registrar
or Registrant, including one relating to a registered or unregistered
trademark, a corporate, business or other trade-name, rights
relating to a name or other identifying indicium or of an
individual or other intellectual property rights of a third
party or relating to the defamation or unlawful discrimination
with respect to any other person.
9.4 Notwithstanding any other provision of this document
and to the fullest extent permitted by law, auDA will not
be liable to the Registrant for consequential, indirect or
special losses or damages of any kind (including, without
limitation, loss of profit, loss or corruption of data, business
interruption or indirect costs) suffered by the Registrant
as a result of any act or omission whatsoever of auDA, its
employees, agents or sub-contractors.
9.5 Nothing in this document is intended to exclude the
operation of Trade Practices Act 1974.
10. WARRANTY STATEMENT
In addition to any other warranties set forth in this Agreement,
Registrant (a) represents and warrants that all information
provided to Registrar, and all supporting documents provided
to Registrar, are true, accurate and complete, (b) authorizes
Registrar to contact third parties, investigate, request and
obtain additional information and documentation and otherwise
verify the information contained in its Domain Name Application,
(c) waives any and all liability on the part of the Registrar
for any and all actions taken by Registrar in verifying the
information provided in Registrant's Domain Name Application,
(d) waives any and all liability on the part of the Registrar
related to or arising from the acceptance or rejection of
Registrant's Domain Name Application on the basis of any false
or misleading information contained in any such application,
(e) acknowledges that if its Domain Name Application is accepted
on the basis of any false or misleading information contained
therein that auDA reserves the right to cancel any such Domain
Name License at any time in its sole discretion, and (f) acknowledges
that its entitlement to the Domain Name may be challenged
by a third party with legitimate rights in and to such Domain
Name.
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Schedule C to network solutions service agreement
Additional Terms Applicable to Services in Connection
with .biz tld.
In addition to the terms set forth in Schedule A, the following
terms shall apply to .biz domain names.
1. Additional Representations and Warranties. If you are
applying for the registration of a domain name in the .biz
top-level domain ("TLD"), you also represent and warrant that:
(i) the domain name will be used primarily for bona fide business
or commercial purposes and not (a) exclusively for personal
use or (b) solely for the purposes of selling, trading or
leasing the domain name for compensation, or the unsolicited
offering to sell, trade or lease the domain name for compensation;
and (ii) the domain name is reasonably related to your business
or intended commercial purpose at the time of registration.
2. Acknowledgment of Dispute Policies and Rules. The registrant
acknowledges having read and understood and agrees 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:
(i) The Uniform Domain Name Dispute Policy, available at
http://www.icann.org/udrp/udrp.htm
;
(ii) The Start-up Trademark Opposition Policy ("STOP"),
available at http://www.neulevel.com/countdown/stop.html
;
(iii) The Restrictions Dispute Resolution Criteria and Rules,
available at http://www.neulevel.com/countdown/rdrp.html
.
If at the time of your application for services in the .biz
TLD, any of the above policies or rules (collectively ".biz
Policies") have not yet been approved by ICANN (which may
mean the .biz Policies are not available for viewing via live
hyperlinks above), you agree to be bound by the terms of such
.biz Policies upon such approval and in the final form approved
by ICANN, as posted on our Web site or the ICANN Web site
(located at www.icann.org).
You agree that, by maintaining the services provided hereunder
(which may include registration of a domain name) after such
posting of any of the ICANN approved .biz Policies, you have
agreed to the terms and conditions of the same. You acknowledge
that if you do not agree to the .biz Policies, you may terminate
this Agreement. We will not refund any fees paid by you if
you terminate your Agreement with us.
3. Registry Actions or Inactions. Our ability to provide
services to you depends in part upon the provision of services
by third parties, such as the .biz registry. We cannot control
and will not be responsible for the actions or inactions of
such third parties. For example, the .biz registry has reserved
the right to deny, cancel or transfer any domain name registration
under certain circumstances. You acknowledge and agree that
we shall not be liable to you or any other party in connection
with claims, damages, losses, expenses or costs incurred or
suffered by you as a result of actions taken or not taken
by third parties, including, but not limited to, the .biz
registry.
4. Multiple Phases of Services. Your application or registration
(whether successful or not) for any .biz registry or .biz
TLD services hereunder does not guarantee, and we do not promise,
that you will be approved or eligible for any other services
available or that may become available through us or any third
party. For example, certain services in the .biz TLD are provided
in sequential phases, and participation in one phase, does
not automatically qualify you for participation in other phases,
and any further participation is not automatic. The .biz registry,
and not Network Solutions, determines the dates and times
associated with the various service phases available in the
.biz TLD. You agree to review and become familiar with the
information available on our Web site and on the .biz Web
site concerning the various phases and descriptions of services
available in connection with .biz TLD, and to regularly check
for modifications and/or updates to such information, as the
same may change from time to time. You agree that you are
solely responsible for applying and/or registering for the
service phases you desire to participate in. Additionally,
you acknowledge and agree that submission of an application
for domain name registration or any other services, does not
guarantee that you will ultimately be the registrant for a
particular domain name, even if you participated in some other
service associated with the domain name, such as an intellectual
property notification service or similar service.
5. Additional Acknowledgments Concerning Customer Information.
You also acknowledge and agree that Network Solutions will
share with the .biz registry certain information submitted
by you in your application(s) for our services, as required
by our agreement(s) with the .biz registry or to provide the
services you have applied for. You acknowledge and agree that
any information we share with the .biz registry may be used
by them to fulfill the .biz registry's service obligations
to us or any third party. You hereby grant us and the .biz
registry a limited, royalty-free, non-exclusive worldwide
license to use all of the data contained in a Trademark
6. Disclaimer Concerning Intellectual Property Notification
Service. Your participation in an intellectual property notification
service or similar service DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL
PROPERTY PROTECTIONS OR REGISTRATIONS, NOR DOES IT PROVIDE
YOU WITH ANY RIGHTS TO ANY PARTICULAR DOMAIN NAME REGISTRATION.
THIS IS A NOTIFICATION SERVICE ONLY. EVEN IF YOU PARTICIPATE
IN THIS SERVICE, YOU MUST STILL SUBMIT AN APPLICATION FOR
DOMAIN NAME REGISTRATION SERVICES TO BE ELIGIBLE TO BECOME
THE REGISTRANT FOR THE DESIRED DOMAIN NAME(S).
7. Survival of Terms. You agree that the indemnity provisions
set forth in this Schedule shall survive any termination of
the Agreement
8. Terms of Use for IP Claim Service. The following additional
terms apply specifically to the Intellectual Property Claim
Service (in this Section 8 of this Schedule, the "Claim Service")
made available in the .biz TLD. For purposes of this Section
8, "Owner" shall mean the owner of a registered or common
law trademark or service mark and "Agent" shall mean the duly
authorized agent of an Owner (collectively "You"), and "Registrar"
shall mean Network Solutions. These Terms of Use will continue
to apply to all past use of the Claim Service by You, even
if You are no longer using the Claim Service. You acknowledge
and agree that Registrar may terminate or block Your use of
all or part of the Claim Service without prior notice for
any reason, including, without limitation, if Registrar believes
You have engaged in conduct prohibited by these Terms of Use.
(a). The Claim Service. Registrar provides the Claim Service
to holders of both registered and common law trademarks or
service marks (collectively "Trademarks"). During the domain
name application process, applicants for a .biz domain name
("Applicants") will be notified of an Owner's alleged intellectual
property rights in a Trademark if the domain name contained
in the domain name application is an exact match of the Trademark
identified in an IP Claim (as defined below) submitted by
Owner. You may review frequently asked questions regarding
the Claim Service by reviewing our FAQs.
(b). License to Use Data / Privacy. By submitting an IP
Claim, You hereby grant Registrar, as well as any of its agents
or subcontractors, and the .biz registry, a limited, royalty-free,
non-exclusive worldwide license to use all of the data contained
in the IP Claim solely for the purposes of implementing the
Claim Service, processing Your IP Claim, notifying Applicants
of Your IP Claim, and for notifying You of changes to the
Claim Service, and for archival purposes.
(c). The IP Claim Process. In order to submit a claim with
respect to a Trademark or Trademarks ("IP Claim") through
the Claim Service, You must complete an IP Claim form for
each Trademark. For each IP Claim, You must submit complete
contact information, representative contact information and
notification details, and the details regarding the Trademark.
You may specify in the representative field that an Agent
may receive legal correspondence regarding the IP Claim. Once
You have submitted an IP Claim, you will receive a confirmation
email and a claim number. You must retain the claim number
for each IP Claim You submit. Registrar will accept IP Claims
until July 9, 2001, or such later date as it may determine
in its sole discretion ("Close of Phase I") and no IP Claims
will be accepted after that date. From the Close of Phase
I until September 25, 2001 ("Phase 2"), or such other later
date as Registrar may choose, in its sole discretion, the
domain name applications from ICANN-approved registrars ("Applications")
will be compared with the database of IP Claims processed
through the Claim Service ("IP Claim Database"). For each
exact match between an IP Claim in the IP Claim Database and
a domain name application, the Registry Operator for .Biz
("Registry Operator") will notify the Applicant that a third
party or third parties have submitted an IP Claim for the
exact Trademark. The email notification to the Applicant will
include, among other things, the information provided by Owner
in the IP Claim, instructions on how to proceed with the registration
process, and that if selected during the randomized name selection
phase ("Name Selection Phase"), the domain name will be placed
on a temporary thirty (30) day hold when the Registry goes
"live." The Applicant will have the option to proceed with
the Application or cancel the Application. If the Applicant
does not respond to the email notification, or elects to cancel
the Application, the Applicant's domain name application will
not be processed during the Name Selection Phase. If the Applicant
chooses to proceed with the registration process and the name
is selected during the Name Selection Phase, that domain name
automatically will be placed on a thirty (30) day "hold period"
when the name is registered. After Name Selection, the Owner
will be notified by Registry Operator if an Applicant has
successfully registered the domain name. The Owner will then
have the option of contacting the Applicant and finding a
solution or using the guidelines set forth by a special dispute
resolution process called the Start-up Trademark Opposition
Policy ("STOP") (formerly referred to as the Start-up Dispute
Resolution Policy or "SUDRP") (information available at
http://www.neulevel.com/countdown/stop.html),
or the Uniform Domain-Name Dispute Resolution Procedures ("UDRP")
(information is available at
http://www.icann.org/udrp/udrp-policy-24oct99.htm).
You will not be notified if there are no Applications that
exactly match an IP Claim You submitted in the IP Claim Database.
USE OF THE SERVICE DOES NOT GUARANTEE THAT AN OWNER WILL
BE AWARDED THE .BIZ EXTENSION FOR ITS TRADEMARK. AN OWNER
THAT WISHES TO OBTAIN A .BIZ EXTENSION FOR ITS TRADEMARK MUST
FILE A DOMAIN NAME APPLICATION. DOMAIN NAME APPLICANTS WILL
ONLY BE NOTIFIED OF APPLICATIONS THAT ARE EXACT MATCHES WITH
A TRADEMARK IDENTIFIED IN AN IP CLAIM FORM. REGISTRAR WILL
NOT VERIFY WHETHER A TRADEMARK CLAIMED ON AN IP CLAIM FORM
CORRESPONDS WITH AN ACTUAL, LEGAL OR VALID TRADEMARK, NOR
WILL REGISTRAR PROVIDE ANY LEGAL OVERSIGHT OR ADJUDICATION
FOR ANY DISPUTED INTELLECTUAL PROPERTY IMPLICATED BY THE SERVICE.
(d). Conduct. You agree to be bound by the applicable provisions
of the Network Solutions Acceptable Use Policy, incorporated
herein and made part of this Agreement by reference, in connection
with your use of the services described in this Schedule.
(e) Fees. As consideration for the Claim Service, Registrar,
or its agents or subcontractors may require you to submit
and pay for each IP Claim individually or it may allow you
store up a certain number of IP Claims before submitting them
for processing. Once you have stored that number of IP Claims,
you may not be able to store any additional IP Claims and
may need to submit them for processing and pay the applicable
fee before obtaining additional storage space. No refunds
are permitted.
(f). Links. Some links on the Claim Service lead to sites
posted by independent site owners. Because Registrar has no
control over these sites, it cannot be responsible for such
sites' accessibility via the Internet and does not endorse
products, services, or information provided by such sites.
As such, Registrar shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with, use or reliance on any
content, goods or services available on or through any other
site. Further, the inclusion of these links does not imply
that the other sites have given permission for inclusion of
these links, or that there is any relationship between Registrar
and the linked sites.
(g). Modifications to the Claim Service. Registrar reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Claim Service (or any part
thereof) with or without notice. You agree that will not be
liable to You or to any third party for any modification,
suspension, or discontinuation of the Claim Services.
(h). Third Party Beneficiary. Registry Operator ("NeuLevel")
is an intended third party beneficiary of these Term and Conditions
with rights to enforce these Terms of Use. You will cooperate
in good faith with NeuLevel or Registrar in investigating
instances of non-compliance with these Terms of Use, if NeuLevel
or Registrar believes in good faith that you are not in compliance
with these Terms of Use.
(i). You agree that Registrar and Registry Operator are
not responsible for checking, verifying or editing message
content or completeness, or for detecting errors or anomalies,
or for recreating or re-transmitting data.
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Schedule D to Network Solutions Service Agreement
Additional Terms Applicable to Services in Connection
with .info tld.
In addition to the terms set forth in Schedule A above,
the following terms shall apply to .info domain names.
1. Additional Provisions. You acknowledge and agree to the
following: (i) you acknowledge and agree that Network Solutions
will share with the .info registry certain information submitted
by you in your application(s) for our services, and you consent
to the use, copying, distribution, publication, modification
and other processing of your personal data by the .info registry
and its designees and agents in connection with the .info
registry's service obligations to us or third parties, or
as otherwise deemed necessary by the .info registry; (ii)
you agree to submit to proceedings commenced under the Uniform
Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise
Dispute Resolution Policy ("SDRP") (available at
http://www.afilias.info/faq/sunrise-challenge.html),
as these may be modified from time to time; (iii) you agree
to immediately correct and update the registration information
for any domain name registered hereunder during the registration
term for such registered domain name; and (iv) you acknowledge
that the .info registry 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 domain name
during these periods, and (b) the results of any dispute over
a "Sunrise Registration."
If at the time of your application for services in the .info
TLD, the SDRP has not yet been approved by ICANN (which may
mean the SDRP is not available for viewing via live hyperlink
above), you agree to be bound by the terms of the SDRP upon
such approval and in the final form approved by ICANN, as
posted on our Web site or the ICANN Web site (located at
http://www.icann.org).
You agree that, by maintaining the services provided hereunder
after such posting of any of the ICANN approved SDRP, you
have agreed to the terms and conditions of the same. You acknowledge
that if you do not agree to the SDRP, you may terminate this
Agreement. We will not refund any fees paid by you if you
terminate your Agreement with us.
2. Registry Actions or Inactions. Our ability to provide
services to you depends in part upon the provision of services
by third parties, such as the .info registry. We cannot control
and will not be responsible for the actions or inactions of
such third parties. For example, the .info registry has reserved
the right to refuse or cancel any Sunrise Registration at
any time and to request additional information relating to
a Sunrise Registration. You acknowledge and agree that we
shall not be liable to you or any other party in connection
with claims, damages, losses, expenses or costs incurred or
suffered by you as a result of actions taken or not taken
by third parties, including, but not limited to, the .info
registry.
3. No Guarantee on Registration. The .info registry, and
not Network Solutions, determines the dates and times associated
with the various service periods available in the .info TLD.
You agree to review and become familiar with the information
available on our Web site and on the .info Web site concerning
the various periods and descriptions of services available
in connection with .info TLD, and to regularly check for modifications
and/or updates to such information, as the same may change
from time to time. You agree that you are solely responsible
for applying and/or registering for the service periods you
desire to participate in. You acknowledge and agree that submission
of an application for domain name registration or any other
services (regardless of when submitted), does not guarantee
that you will ultimately be the registrant for a particular
domain name.
4. Disclaimer Concerning Intellectual Property Protection.
Your application for a Sunrise Registration DOES NOT PROVIDE
YOU WITH ANY INTELLECTUAL PROPERTY PROTECTIONS OR REGISTRATIONS.
5. Use of Other Registrars. You agree that we may, but are
not obligated to, submit your registration application and/or
information through another ICANN accredited registrar ("Third
Party Registrar") if we believe, in our sole discretion, that
doing so will provide you with a better opportunity for successfully
registering a .info domain name. Should our submission result
in the registration of a .info domain name for you, you acknowledge
and agree that you will also then be a customer of the Third
Party Registrar through which your domain name is registered.
If we do submit your registration application and/or information
through a Third Party Registrar, and a .info domain name is
registered to you through that Third Party Registrar, you
agree that in addition to your agreement with Network Solutions,
you agree to be bound by the following terms and conditions
in the Agreement with respect to the Third Party Registrar
for so long as you are receiving registration services through
that Third Party Registrar:
(a) Section 1 of the Agreement;
(b) Sections 3 through 29;
(c) Schedule A (except Section 1 of Schedule A); and
(d) This Schedule.
You agree that Network Solutions shall have the right, but
not the obligation, to submit a change of registrar request
to the Third Party Registrar, if any, through which your domain
name is registered to transfer the sponsorship of your domain
name to Network Solutions at any time after the expiration
of 60 calendar days from the registration of the domain name,
and you hereby authorize and direct Network Solutions to effect
such a transfer if Network Solutions decides, in its sole
discretion, that it wishes to effect such a transfer. You
will not be required to pay any transfer or new service fees
to effect the transfer.
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Schedule E to Network Solutions Service Agreement
Special Notice and Disclaimer for Multilingual Domain Name
Registrations
In addition to the terms set forth in Schedule A, the following
terms shall apply to Multilingual Domain Names ("MDN"). We
currently are making MDN registration services available to
you as part of our participation in a test bed ("Test Bed")
being conducted by VeriSign Global Registry Services for the
purpose testing proposed standards for deployment of MDN technology
and to provide operational experience with those proposed
standards.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT
OR FUTURE ENCODING SCHEMES, PROTOCOLS AND OTHER MDN-ENABLING
TECHNOLOGIES, WHETHER PROVIDED BY US OR OTHERWISE, WILL BE
APPROVED BY INTERNET STANDARD-SETTING BODIES OR OTHERWISE
SUCCESSFULLY DEPLOYED. WE EXPRESSLY DISCLAIM ANY WARRANTY
THAT THE TEST BED WILL CONTINUE OR THAT OUR MDN REGISTRATION
SYSTEM WILL INTEROPERATE PROPERLY WITH THE CURRENT OR FUTURE
TEST BED OR THE MDN-ENABLING TECHNOLOGIES OF OTHERS.
You assume all risks inherent in the experimental nature
of this service and the technologies supporting it. The encoding
schemes, protocols and other MDN-enabling technologies are
not within our control and are subject to change without notice.
You assume all risks that such changes may impair or prevent
your ability to use the MDN you have registered. You further
understand and agree that we may interrupt or deny MDN registration
services to you, temporarily or permanently, as a result of
such changes. You further assume all risks that the Internet
addressing system will not recognize an MDN you have registered
or otherwise will not enable such MDN to function as an Internet
address.
We may, but shall not be obligated to, make any and all
modifications to an MDN registration, including without limitation
changing the MDN's ASCII-based translation, that we deem necessary
or appropriate for the purpose of bringing an MDN registration
into conformance with evolving technical standards. Such modifications
may be made without notice to you. In the event we elect to
make such modifications, you agree to hold us harmless from
any claims, liabilities or demands arising from such modifications.
Before registering an MDN, we strongly recommend that you
review and become familiar with the "Multilingual Domain Name
Position Paper," published on the website of VeriSign Global
Registry Services, currently located at the following url:
http://www.verisign-grs.com.
You specifically acknowledge and agree that an MDN shall
be considered a domain name for purposes of the Domain Name
Dispute Policy and the provisions relating thereto in this
Agreement. Notwithstanding anything to the contrary contained
in the Domain Name Dispute Policy, you agree that during the
Test Bed we may terminate your registration of an MDN in our
sole discretion without notice to you if, within 45 days of
your registration, we receive a formal, written objection
to the registration by any legitimate authority, including
without limitation a trademark owner or governmental entity.
Our right of termination under this provision shall continue
until such time as: (1) VeriSign Global Registry Services
publicly announces that its Test Bed is complete; and (2)
we determine in our sole discretion that all of the encoding
schemes, protocols and other MDN-enabling technologies that
are used to provide your MDN registration services have been
approved by appropriate standard-setting bodies.
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Schedule F To Network Solutions Service Agreement
Additional Terms Applicable To Services In Connection With
.Name Tld.
In addition to the terms set forth in Schedule A above,
the following terms shall apply to .Name domain names.
1. Eligibility Requirements. You represent and warrant that
every registration you are applying for in the .name top-level
domain ("TLD") satisfies the eligibility requirements ("Eligibility
Requirements") established by Global Name Registry Ltd., the
registry for the .name TLD, which are available at the following
URL:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm
.
2. Dispute Resolution Policies. You agree that every service
for which you register is subject to the Uniform Domain Name
Dispute Resolution Policy (the "UDRP") and the Eligibility
Requirements Dispute Resolution Policy (the "ERDRP"), which
are located at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm
.
Without limiting the foregoing, you agree that (i) every Defensive
Registration is subject to challenge pursuant to the ERDRP;
(ii) if a Defensive Registration is successfully challenged
pursuant to the ERDRP, the Defensive Registration Holder will
pay the challenge fees; (iii) if a challenge to a Defensive
Registration is successful, the Defensive Registration will
be subject to the procedures described in the ERDRP and the
Eligibility Requirements including, without limitation, the
cancellation of the Defensive Registration Holder's other
Defensive Registrations; and (iv) if a Phase I Defensive Registration
(as defined by the .name registry) is successfully challenged
on the basis that it does not meet the applicable eligibility
requirements, the Defensive Registration Holder will thereafter
be required to demonstrate, at its expense, that it meets
the eligibility requirements for Phase I Defensive Registrations
for all other Phase I Defensive Registrations that it registered
within .name through any registrar. In the event the Defensive
Registration Holder is unable to demonstrate the foregoing
with respect to any such Phase I Defensive Registration(s),
those Defensive Registration(s) will be cancelled.
3. Limitation of Liability. In addition to the other limitations
of liability contained herein, you agree that neither the
.name registry nor Network Solutions shall have any 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, your ability or inability to
obtain a Registered Name, a second-level domain e-mail address
registration (an "SLD E-mail Address"), a Defensive Registration,
or a NameWatch Registration using the services provided by
Network Solutions or the .name registry; or (ii) any dispute
over any Registered Name, SLD E-mail Address, Defensive Registration,
or NameWatch Registration, including any dispute resolution
proceeding related to any of the foregoing.
4. Registry Actions or Inactions. Our ability to provide
services to you depends in part upon the provision of services
by third parties, such as the .name registry. We cannot control
and will not be responsible for the actions or inactions of
such third parties. You acknowledge and agree that we shall
not be liable to you or any other party in connection with
claims, damages, losses, expenses or costs incurred or suffered
by you as a result of actions taken or not taken by third
parties, including, but not limited to, the .name registry.
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Schedule G To Network Solutions Service Agreement
Additional Terms Applicable To Services In Connection With
.Us Tld.
In addition to the terms set forth in Schedule A above,
the following terms shall apply to .US domain names.
1. Nexus Requirements/Certification. You certify that you
have and shall continue to have a lawful bona fide U.S. nexus,
as required by the .US top-level domain ("TLD") administrator,
NeuStar, Inc. (".US Registry"), and that you meet all of the
.US nexus requirements (".US Nexus Requirements") set forth
below (and as represented by you in the registration application
information provided by you to Network Solutions). You must
be (and you certify that you are) either:
A. A natural person (i) who is a United States citizen,
(ii) a permanent resident of the United States of America
or any of its possessions or territories, or (iii) whose primary
place of domicile is in the United States of America or any
of its possessions [Nexus Category 1]; or
B. 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 or territories [Nexus Category 2];
or
C. An entity or organization (including a federal, state,
or local government of the United States, or a political subdivision
thereof) that has a bona fide presence in the United States
of America or any of its possessions or territories [Nexus
Category 3]. If you are claiming Nexus Category 3, you certify
that you have a "bona fide presence in the United States"
on the basis of real and substantial lawful contacts with,
or lawful activities in, the United States of America.
2. Name Servers Certification. You certify that the name
servers listed by you in connection with your application
for domain name registration services in the .US TLD are located
within the United States.
3. Your obligation to satisfy Nexus Requirement. You acknowledge
and agree that it is your responsibility, through the registration
process (and, if applicable, as required subsequent to your
application), to provide the information necessary to satisfy
the .US Nexus Requirements, and that a failure by you to satisfy
the .US Nexus Requirements may result in, among other things,
(i) the domain name application(s) being rejected by Network
Solutions and/or the .US Registry, (ii) the domain name(s)
being placed on "hold" by Network Solutions and/or the .US
Registry, and/or (iii) the domain name(s) being deleted by
Network Solutions and/or the .US Registry. Neither Network
Solutions nor the .US Registry (nor any other entity or person)
shall be liable to you for any actions or inactions of any
of them resulting from your failure to provide all required
.US Nexus Requirements information at the time of registration
(or, where applicable, subsequent to registration), and none
of them shall have any obligation to request or attempt to
obtain from you additional information to establish your compliance
with the .US Nexus Requirements, even if the need for such
information is known by any of them.
4. Nexus Dispute Policy. You agree to be bound by the Nexus
Dispute Policy ("NDP") administered by the .US Registry (or
a third party designated by the .US Registry), which policy
and its applicable forms are located on the .US Registry's
web site at the URL: www.neustar.com.
You agree to abide by all decisions rendered by the .US Registry
(or its third party designee) in connection with the NDP.
5. Dispute Resolution Policy. You agree that you are bound
by the United States Dispute Resolution Policy set forth on
the .US Registry's website at the URL: www.neustar.com
.
6. Registry Actions or Inactions. Our ability to provide
services to you depends in part upon the provision of services
by third parties, such as the .US Registry. We cannot control
and will not be responsible for the actions or inactions of
such third parties. You acknowledge and agree that we shall
not be liable to you or any other party in connection with
claims, damages, losses, expenses or costs incurred or suffered
by you as a result of actions taken or not taken by third
parties, including, but not limited to, the .US Registry (for
example, the .US Registry reserves the right to deny, delete,
transfer or freeze any domain name registration for a variety
of reasons, none of which Network Solutions can control).
7. Accurate Information. Without limiting the other provisions
of the Agreement, your willful or grossly negligent provision
of inaccurate or unreliable information, or your willful or
grossly negligent failure promptly to update information provided
to Network Solutions shall constitute a material breach of
this Agreement and shall be a basis for cancellation of the
domain name(s) applied for hereunder.
8. Application Submission. You acknowledge and agree that
Network Solutions (as the parent company) will be submitting
your .US domain name application(s) to the .US Registry through
.US Registrar L.L.C., and that all applications submitted
by you hereunder (except for Sunrise applications, where applicable)
will be submitted by .US Registrar L.L.C. on or after the
date upon which the .US Registry goes live.
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Schedule H To Network Solutions Service Agreement
Private Registration Service
1. Private Registration Service. When you subscribe
to Network Solutions Private Registration Service, you authorize
and direct Network Solutions to (a) display alternate contact
information in the public WHOIS database for the Registrant,
Administrative, and Technical Contacts for the applicable
domain name registration, and (b) not display the fax number
and NIC Handle associated with your account for the applicable
domain name.
2. Communications Forwarding.
a. By subscribing to the Private Registration Service, you
authorize and direct Network Solutions to process communications
directed to you at the contact information displayed in the
public WHOIS database as follows:
(i) E-mail Address. A private e-mail address that
will automatically change in the public WHOIS database every
ten (10) days is created for the applicable domain name and
will be displayed in the public WHOIS database. Messages received
at the e-mail address posted in the public WHOIS database
will be filtered for SPAM and forwarded to the e-mail address
associated with your account for the applicable domain name.
Once an e-mail address is removed from the public WHOIS database
it will no longer be a valid e-mail address for the receipt
messages. You acknowledge that you may not receive messages
sent to an expired e-mail address.
(ii) Postal Address. A P.O. Box address in care of
Network Solutions will be the postal address displayed in
the public WHOIS database for the applicable domain name.
You hereby authorize Network Solutions to receive, sort, open,
forward, and destroy any and all mail sent to such P.O. Box
in its sole discretion. Mail received via Certified Mail®
or Express MailT will be opened and all such mail that can
be scanned will be scanned and sent to you via the e-mail
address associated with the account for the applicable domain
name. You acknowledge that you will have five (5) days from
the date such Certified Mail® or Express MailT is sent to
you via e-mail to request in writing that a copy of such scanned
mail be forwarded to you via postal mail at your expense.
You acknowledge that unless you direct us otherwise in writing
within such five (5) day period, all such mail will be destroyed
five (5) days after a scanned copy is sent to you via e-mail.
All mail that is unable to be scanned will be forwarded to
you via postal mail at Network Solutions' expense at the postal
address associated with the account for the applicable domain
name. You specifically acknowledge that Network Solutions
will destroy all third class and "junk" mail upon receipt
and will either discard all such other communications received
or return the same to the sender unopened. You hereby waive
any and all claims arising from your failure to receive communications
directed to your domain name contact information displayed
in the public WHOIS database but not forwarded to you by Network
Solutions.
(iii) Telephone Number. A telephone number that is
answered by a Network Solutions answering service will be
displayed in the public WHOIS database for the applicable
domain name. Callers will be informed of how to contact you
using the information displayed in the public WHOIS database.
b. You acknowledge and agree that by subscribing to our
Private Registration Service that you will not receive all
communications sent to you at the contact information listed
in the public WHOIS database. You acknowledge and agree that
Network Solutions disclaims any and all loss or liability
that may result from your use of our Private Registration
Service and/or your failure to receive important correspondence
sent to you at the contact information displayed in the public
WHOIS database, including, but not limited to, legal notices
or UDRP complaints.
c. You agree that if you opt to have mail forwarded to you
in accordance with Section 2(ii) above, that you are responsible
for paying all fees and costs associated with Network Solutions
providing such forwarding services. Network Solutions will
inform you via e-mail of the applicable shipping costs, and
the credit card associated with your account for the applicable
domain name will be charged. The credit card transaction must
be successful prior to us forwarding the correspondence to
You. You are solely responsible for maintaining current and
accurate credit card information on file with Network Solutions,
including the expiration date for such credit card.
3. Network Solutions Right To Disclose Your Contact Information
and Terminate the Private Registration Service. You acknowledge
and agree that Network Solutions has the absolute right and
power, as it deems necessary in its sole discretion, without
providing notice and without any liability to you whatsoever,
to (a) reveal to third parties the contact information provided
by you to Network Solutions in connection with the account
for the applicable domain name, (b) populate the public WHOIS
database with the registrant's name, primary postal address,
e-mail address and/or telephone number as provided by you
to Network Solutions, or (c) terminate your subscription to
our Private Registration Service:
(i) if any third party claims that the domain name violates
or infringes a third party's trademark, trade name or other
legal rights, whether or not such claim is valid;
(ii) to comply with any applicable laws, government rules
or requirements, ICANN policies or requirements, subpoenas,
court orders, requests of law enforcement or government agencies;
or
(iii) if any third party threatens legal action against
Network Solutions that is related in any way, directly or
indirectly, to the domain name, or claims that you are using
the domain name registration in a manner that violates any
law, rule or regulation, or is otherwise illegal or violative
of a third party's legal rights.
4. Supplemental Terms and Conditions. The terms and
conditions of this Schedule H are in addition to the terms
and conditions of all other Schedules to this Service Agreement
related to domain name registration services.
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Schedule I To Service Agreement
Change Of Registrar Service
1. In addition to the terms in Schedule A (and the other
applicable Schedules, if any, of the Agreement), the terms
of this Schedule shall apply to all applications for a change
of registrar to Network Solutions. . The term "domain name"
refers to the domain name identified in your Change of Registrar
Application. The term "updated registrant" refers to the person
or entity identified as the updated registrant in your Change
of Registrar Application, if any.
2. You represent and warrant that: (a) the information provided
to Network Solutions in connection with your application is
accurate and complete; (b) you are the rightful holder of
the registration for the domain name; (c) the registrar of
record for the domain name as of the date of this request
is the current registrar; (d) you are not in default on any
obligations you may owe to the current registrar; (e) you
are not the subject of any pending bankruptcy proceedings;
(f) you are not party to any dispute resolution proceeding
concerning your use or registration of the domain name; (g)
you are not in default on any obligations you may owe to Network
Solutions; (h) the domain name is not the subject of any collection
proceedings, including garnishment, attachment, levy or otherwise.
The individual submitting this request represents and warrants
that he/she is authorized to request a change of registrar
and to apply for our registrar services.
3. You request that we provide registrar services for the
domain name. In furtherance of your request, you have applied
for our registrar services. We will have no responsibilities
as registrar of the domain name unless and until we send you
or the updated registrant, as appropriate, notice of acceptance
of the Application.
4. You authorize us to take all actions necessary to become
the registrar for the domain name, including transmitting
to the appropriate Registry a request to change the Registry
database to reflect Network Solutions as the registrar of
record. You acknowledge and agree that we shall not be responsible
for any legal obligations you may owe to any third party,
including the current registrar. You further acknowledge and
agree that you are not entitled to a credit from us for any
sums you may have paid the current registrar. You agree to
release, indemnify, and hold us and our contractors, agents,
employees, officers, directors and affiliates harmless from
all liabilities, claims and expenses, including attorneys
fees, of third parties arising under this Agreement.
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Schedule J To Service Agreement
Registrant Name Change Agreement
1. The following additional terms and conditions (the "Registrant
Name Change Agreement" or "RNCA") apply to any change of the
registrant (account holder's) name for a second-level domain
name ("Registrant Name Change"), and, unless specifically
noted otherwise below, apply to you whether you are listed
as the registrant before the change (the "Current Registrant")
or after the change (the "New Registrant"). The domain name
for which this RNCA is being processed shall be referred to
in this Schedule as the "Domain Name." The RNCA shall not
be effective until both the Current Registrant and the New
Registrant have indicated their agreement to the terms and
conditions of the Agreement (which includes the terms and
conditions of this Schedule). Nothing contained in this Schedule
shall be construed as an assignment of the Current Registrant's
rights under the Agreement. As used in this Schedule (as in
the General Conditions), the word "Agreement" shall mean the
Network Solutions Service Agreement of which this Schedule
is a part.
2. The terms in this section apply only to the Current
Registrant.You agree that you and Network Solutions
are currently parties to the Agreement for the registration
of the Domain Name(s). You hereby relinquish your registration
of the Domain Name(s) and discharge Network Solutions from
all obligations under the Agreement, and you release Network
Solutions from all claims, liabilities or demands arising
from the Agreement. You further acknowledge and agree that
you are not entitled to a refund of any fees you may have
paid to Network Solutions. You hereby authorize Network Solutions
to take all steps necessary to register the Domain Name(s)
to the New Registrant, including without limitation, disassociating
the Domain Name(s) from the host servers designated by you
without further notice. You represent and warrant that you
possess the authority to legally bind the Current Registrant
of the Domain Name(s) being transferred.
3. The terms in this section apply only to the New
Registrant.You acknowledge that you have reviewed
and you understand the terms, conditions, representations
and warranties of the Agreement in effect as of the date of
your application to become the New Registrant. By applying
for this Registrant Name Change, you agree to be bound by
and to perform in accordance with the terms and conditions
of the Agreement, which includes Network Solutions' current
Domain Name Dispute Policy. You also reaffirm the accuracy
and completeness of all of the information submitted for the
Registrant Name Change. Your registration of the Domain Name(s)
shall be effective upon Network Solutions' transmission of
an acknowledgement to you that the Domain Name(s) has been
registered to the New Registrant. You agree to pay Network
Solutions the RNCA processing fee set forth on our Web site,
if any, by providing appropriate credit card information as
requested. You represent and warrant that you are the New
Registrant or possess the authority to legally bind the New
Registrant of the Domain Name(s) being transferred. You acknowledge
and agree, that unless you register additional registration
years for the Domain Name(s), the term of your registration
of the Domain Name(s) will be equal to the remaining term
of the Current Registrant at the time of the Registrant Name
Change.
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Schedule K To Network Solutions Service Agreement
Next Registration Rights Subscription Service
1. Next Registration Rights Service Subscription - Pre-order.
When you pre-order a Next Registration Rights Service ("NRRS")
subscription, you are authorizing us to attempt to obtain
a NRRS subscription (as described on our Web site and herein)
for you if and when the applicable registry launches its underlying
back-order service (the "go-live date"). If we are successful
in obtaining the NRRS subscription for you, you agree that
we are authorized to then charge your credit card for the
fees described on our Web site at the time of your Pre-order
application. Successful NRRS subscriptions will be subject
to the terms of the Agreement, including this Schedule.
2. Next Registration Rights Service Subscription - After
Go-Live Date. After the go-live date, when you apply for a
subscription for the Network Solutions® NRRS (or if you have
previously submitted a pre-order for our NRRS), we will contact
the applicable registry and attempt to obtain for you the
exclusive right to register the domain name selected and indicated
by you in your application should that domain name become
available for registration by a third-party during the term
of your NRRS subscription. In the event we are successful
in obtaining for you the NRRS subscription for your chosen
domain name, you acknowledge and agree that we are authorized
to charge your credit card for the fees described on our Web
site at the time of your purchase. Thereafter, during the
term of your subscription, if the domain name for which you
purchased a NRRS subscription becomes available for registration,
we will register that domain name in your name, subject to
the terms and conditions of the Agreement (including, but
not limited to, the terms and conditions related to domain
name registration). You acknowledge and agree that if your
application is successful and the domain name you have selected
becomes available for registration during the term of your
NRRS subscription, the domain name will be registered to you
pursuant to the terms and conditions of this Agreement and
that you will be bound by the same.
3. No Guarantees. We make no guarantees, representations
or warranties that a subscription for the service will be
available now or in the future, or that the domain name for
which you purchase our NRRS will become available for registration
during the term of any NRRS subscription. You acknowledge
and agree that the domain name with respect to which you purchase
the NRRS subscription may not become available during the
term of your subscription, for any number of reasons, including,
but not limited to, the current registrant's continued registration
or renewal of the domain name.
4. Supplemental Terms and Conditions. The terms and conditions
of this Schedule H are in addition to the terms and conditions
of all other Schedules to this Service Agreement related to
domain name registration services.
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Schedule L To Network Solutions Service Agreement
E- Mail Services
1. Description of Service. Network Solutions is providing
you with the capability of sending and receiving electronic
mail via the Internet. You must: (a) provide all equipment,
including a computer and modem, necessary to establish a connection
to the Internet; and (b) provide for your own connection to
the Internet and pay any telephone service fees associated
with such connection. Network Solutions has set no fixed upper
limit on the number of messages you may send or receive through
the e-mail service; however, Network Solutions restricts the
number of recipients of any e-mail sent by you to five hundred
(500) per e-mail and retains the right, at Network Solutions's
sole discretion, to restrict the volume of messages transmitted
or received by you in order to maintain the quality of our
services to other customers and to protect our computer systems.
We, in our sole discretion, will determine whether or not
your conduct is consistent with this Agreement and any Network
Solutions operating rules or policies and may suspend or terminate
your e-mail service if your conduct is found to be inconsistent
with this Agreement or such rules or policies. The e-mail
service is subject to scheduled (from 12:01am eastern United
States time to 2:00 am eastern United States time every Saturday)
and unscheduled outages that will impact your ability to use
the service. We will use commercially reasonable efforts to
restore the service after any unscheduled outages. Moreover,
in order to receive the e-mail service we (or our third party
provider) must host your domain name record. If you transfer
your domain name record to a third party in conjunction with
a live web site, or for any other reason, or allow your domain
name registration to expire, you will no longer be able to
use the e-mail service. We will not refund the fees you paid
for our e-mail service if you elect to transfer your domain
name record to a third party.
2. Catch-All Mailbox Service. Network Solutions may make
available to you the ability to subscribe to our Catch-All
Mailbox service. You acknowledge and agree that, in the event
you subscribe to the Catch-All Mailbox service, any electronic
mail sent to the e-mail box of any user of your Network Solutions
e-mail service (e.g., Person@Yourcompany.com) will also be
sent to the e-mail box set up for the Catch-All Mailbox service.
You further acknowledge and agree that in the event your Network
Solutions e-mail and domain name services are terminated,
any future registrant of your terminated domain name that
subscribes to the Catch-All Mailbox service may receive e-mails
intended for receipt by you or a former user of your e-mail
service, and you agree that Network Solutions shall have no
liability to you or any third party with respect thereto.
You are solely responsible for providing any and all necessary
notifications regarding termination of your Network Solutions
e-mail services, and you agree that Network Solutions shall
have no liability to you or any third party with respect thereto.
3. SPAM Protection. Network Solutions's e-mail service includes
real-time SPAM Protection provided by Brightmail. All e-mail
sent to your e-mail address(es) will be scanned by Brightmail
Anti-Spam to detect SPAM and to assist in preventing SPAM
from reaching your e-mail box(es). All e-mail detected as
SPAM will be deleted and will not be delivered to your email
inbox. All e-mail box(es) automatically include SPAM Protection
and this feature can not be disabled or configured by you.
You acknowledge and agree that our SPAM Protection feature
is not guaranteed to be one hundred percent (100%) effective
or error free and may result in e-mail that is not SPAM being
falsely identified as SPAM and deleted by our system, or the
delivery of SPAM to your e-mail box(es). You acknowledge and
agree that Network Solutions shall have no liability to you
or any third party with respect to our SPAM Protection feature,
your failure to receive any e-mail as a result thereof, or
your receipt of SPAM.
4. Virus Protection. Network Solutions's e-mail service
includes Virus Protection that scans your email, and attachments
thereto, to assist in the prevention of the transmission of
viruses to your computer system and/or e-mail program. All
e-mail sent to your e-mail address(es) will be scanned for
viruses. If a virus is detected, the e-mail message and/or
attachment, as applicable, will be cleaned if possible and
the header of the e-mail will be tagged to inform you that
a virus was detected and that the e-mail message and/or attachment
has been cleaned and the virus removed. If a virus is detected,
and the virus cannot be removed from the e-mail message and/or
attachment, the e-mail message and/or attachment will be deleted
and the e-mail will be tagged to inform you that portions
of the e-mail have been deleted because a virus was detected.
All e-mail box(es) automatically include Virus Protection
and this feature cannot be disabled or configured by you.
You acknowledge and agree that our Virus Protection feature
is not guaranteed to be one hundred percent (100%) effective
or error free and may delete e-mail messages and/or attachments
that you may desire to view, or allow the transmission of
viruses to your computer system and/or e-mail program. You
acknowledge and agree that Network Solutions shall have no
liability to you or any third party with respect to our Virus
Protection feature, your failure to receive any e-mail and/or
e-mail attachments as a result thereof, or the transmission
of viruses to your computer system and/or e-mail program.
5. Additional Storage. Network Solutions may make available
to you the ability to purchase additional storage for a particular
e-mail box in the specific increments described on our Web
site. The additional storage will be attributed to the e-mail
box designated by you during the application process, and
your designation cannot be changed once made. The term of
the additional storage services will run concurrently with
the then-remaining term of the domain name to which the designated
e-mail box(es) is/are associated, and the price of the additional
storage services will be prorated accordingly (unless the
designated e-mail box(es) is/are associated with a domain
name that is part of a monthly service, in which case the
monthly price will be added to the monthly invoices for that
monthly service). Termination or transfer of the domain name
registration associated with the e-mail box(es) to which the
additional storage is/are attributed will result in the termination
of both the e-mail box(es) and any related additional storage
services, and such termination shall be without refund of
any fees paid. Unless provided otherwise on our Web site,
in no event may a customer have more than 100 Megabytes of
total data storage.
6. Billing for E-mail Service. Billing for annual e-mail
services shall be by valid credit card (acceptable to Network
Solutions) at the time of purchase. If you elect to subscribe
to monthly e-mail services, your monthly payments for the
same will be automatically charged to the credit card provided
by you (and acceptable to Network Solutions) at the time of
your purchase (with such payments being charged in advance
on a monthly basis) ("Monthly E-mail Service Fee"), and you
hereby agree that Network Solutions is authorized to so charge
your credit card. Network Solutions, in its sole discretion,
shall determine the prices it will charge for the e-mail services,
and the terms and conditions applicable to the same, and Network
Solutions may, upon providing thirty (30) days' notice to
you, amend such pricing and/or terms and conditions. If you
do not agree with any such change(s), you may terminate this
Agreement or cancel your e-mail service subscription, as applicable,
as provided herein, within such thirty (30) day period; otherwise
all such changes shall thereafter be effective with respect
to your account, and you agree that we are authorized to charge
your credit card for any new Monthly E-mail Service fee.
7. Privacy. Network Solutions will not monitor, edit or
disclose the contents of your private communications with
third parties unless required to do so by law or in the good
faith belief that such action is necessary to: (a) conform
to the law or comply with legal process served on Network
Solutions; (b) protect and defend the rights or property of
Network Solutions; or (c) act under exigent circumstances
to protect the personal safety of our customers or the public.
You acknowledge and agree that Network Solutions neither endorses
the contents of any of your communications nor assumes responsibility
for such content, including but not limited to any threatening,
libelous, obscene, harassing or offensive material contained
therein, or any infringement of third party intellectual property
rights arising therefrom or any crime facilitated thereby.
You acknowledge and agree that certain technical processing
of e-mail messages and their content may be required to: (a)
send and receive messages; (b) conform to connecting networks'
technical requirements; (c) conform to the limitations of
the e-mail service; or (d) conform to other similar requirements.
8. Customer Conduct. You agree to be bound by the applicable
provisions of the Network Solutions Acceptable Use Policy,
incorporated herein and made part of this Agreement by reference,
in connection with your use of the services described in this
Schedule. Network Solutions's outsourcing contractors for
the e-mail services, including, but not limited to, Brightmail,
Inc. and Mirapoint, Inc., or their successors, shall be intended
third party beneficiaries of the e-mail service customer's
obligations under this Agreement and thus shall be entitled
to enforce those obligations against you as if a party to
this Agreement.
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Schedule M To Service Agreement
Web Forwarding Service
1. Network Solutions is providing you with the capability
to forward users or visitors who type in a specific domain
name to another domain name designated by you through the
Web Forwarding service. You represent and warrant that you
have the necessary rights to use the Web Forwarding service
to forward, point, alias or resolve your domain name registration(s)
to the other domain name designated by you in ordering such
services. You agree that we, in responding to a third party
complaint or for any other reason, have the right, in our
sole discretion, to suspend or terminate your Web Forwarding
service without notice and with no obligation to refund fees
paid if we determine the Web Forwarding service is forwarding
users to a Web site or URL that is unsuitable or being used
for any unlawful or harmful purpose, as determined in our
sole discretion.
2. You acknowledge and understand that the Web Forwarding
service includes a Domain Masking feature that will make your
site visitors see the domain name associated with the Web
Forwarding service in the window of their browser throughout
your entire Web site and on all Web sites linked to from your
Web site while the window session remains open. You have the
ability to turn the Domain Masking feature on or off at any
time through Account Manager. The Domain Masking feature may
not work will all Web sites depending on how they are configured
and their ability to be viewed within a browser frame.
3. You agree to be bound by the applicable provisions of
the Network Solutions Acceptable Use Policy, incorporated
herein and made part of this Agreement by reference, in connection
with your use of the services described in this Schedule.
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Schedule N To Network Solutions Service Agreement
SurelistSM Service
We may provide you an opportunity through our SureListSM
service to have your website included in the search index
of one of our third party vendors (for purposes of this paragraph,
the "Index Servicer"). At the time of purchase, the URL submitted
by you (the "URL") will be provided to the Index Servicer
for submission in its search database. The Index Servicer
will then periodically search various content of your website
and include such content in the search index. The index may
be searched by the Index Servicer's search partners. You may
submit corrections or changes to the URL during the first
thirty (30) days after your purchase of the SureList service,
after which time period no further changes to the URL will
permitted. You acknowledge and agree that the Index Servicer
is responsible for maintaining the index and keeping it current.
We bear no responsibility or liability for the operation,
maintenance and functioning of the index or for the service
described in this paragraph. You further acknowledge that
in order for the Index Servicer to include your website in
its search index, your website must be technically compatible
with the the Index Servicer search tool. At a minimum, in
order to be technically compatible: (a) your website address
must not contain formatting errors; (b) your website must
be operational (i.e., it may not be "under construction" and
it may not generate error messages such as "file not found");
(c) your website must contain visible text and be accessible
without a password or similar restriction; and (d) your website
must permit so-called "spidering" technology. We and/or the
Index Servicer, in our sole discretion, may remove a website
from the search index for any reason, including, but not limited
to, the following: (a) fraudulent or illegal use of the service;
(b) the potential infringement of the rights of a third-party;
(c) in response to a court order or other judicial or governmental
request or action; and/or (d) the posting of content or the
offering of products or E-Commerce Services that may be or
are illegal (e.g., if either we or the Index Servicer receives
a notice of an act of copyright infringement in compliance
with the notice requirements of the Digital Millennium Copyright
Act of 1998). You expressly agree (a) that we will not be
responsible for the operation, maintenance or functioning
of the index and the search service or any delays or failures
to perform; and (b) that we do not represent or warrant that
your website or address will (i) achieve favorable placement,
or any placement, within the search index, or (ii) experience
increased visits, or any visits, as a result of placement
in the search index.
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Schedule O To Service Agreement
Web Sites
1. Definitions. For purposes of this Schedule, the following
capitalized terms shall have the meanings ascribed to them
below:
(a) "Web site" means any pre-designed, customizable Network
Solutions Web site template licensed by Network Solutions
to end users.
(b) "Starter Package" means a one-page Web site and one
e-mail box.
(c) "Subscription Service" means any of the Network Solutions
Web site packages that are available for purchase by end users
on a monthly or annual basis, for a monthly or annual fee
(respectively), that combine a Web site, the Web site Editing
Tool, the Web Hosting Service, and/or such other services
as may, from time to time, be included in the package by Network
Solutions as of the time of your purchase.
(d) "Web site Editing Tool" means the Network Solutions
on-line design and editing tool that allows customers to access
their Web site, add/modify content, upload images and make
generic changes to their Web site.
(e) "Web Hosting Service" means the Web hosting services
provided by a third party through Network Solutions as part
of a monthly or annual Web site subscription.
2. Payment. In addition to the payment terms in Section
3 of the Agreement, the following provisions shall also apply
solely with respect to the Subscription Service:
(a) Network Solutions, in its sole discretion, shall determine
the prices it will charge for the Subscription Service, and
the terms and conditions applicable to the same, and Network
Solutions may, upon providing thirty (30) days' notice to
you by e-mail or United States mail, amend such pricing and/or
terms and conditions. If you do not agree to any such pricing
and/or terms and conditions change(s), you may terminate your
Subscription Service as provided herein within such thirty
(30) day period; otherwise all such changes shall thereafter
be effective with respect to your account, and you agree that
we are authorized to charge your credit card for the new Subscription
Service Fee (as defined in Section 2(b) below).
(b) Billing for the Subscription Service shall be by valid
credit card (acceptable to Network Solutions) at the time
of purchase at the fee set forth on our web site. Your monthly
or annual payments for the Subscription Service shall be automatically
charged to the credit card provided by you (and acceptable
to Network Solutions) at the time of your purchase (with such
payments being charged in advance on a monthly or annual basis,
as applicable) each month or annually, as applicable ("Subscription
Service Fee"), and you hereby agree that Network Solutions
is authorized to so charge your credit card. Network Solutions,
in its sole discretion, shall determine the prices it will
charge for the Subscription Service, and the terms and conditions
applicable to the same, and Network Solutions may, upon providing
thirty (30) days notice to you, amend such pricing and/or
terms and conditions. If you do not agree to the change(s),
you may terminate this Agreement (or cancel your Subscription
Service, as applicable) as provided herein within such thirty
(30) day period; otherwise all such changes shall thereafter
be effective with respect to your account, and you agree that
we are authorized to charge your credit card for any new Subscription
Service Fee, on the next monthly or annual (as applicable)
payment cycle.
3. File Size and Bandwidth Limitations. The following file
size and bandwidth limitations apply to all Web sites offered
by Network Solutions:
(a) File Size. You can upload an unlimited number of files
to your Web site, provided that all files must comply with
the following size limitations. All Image, Text and Document
files have a 5 Megabyte limit (includes .gif, .jpg, .jpeg,
.txt, .doc, .xls, .wri, .ppt, .dxf, .pdf and .psd files).
All Media, Flash, and Compressed files have a 15 Megabyte
limit (includes .mpg, .mp2, .mp3, .wav, .mid, .mov, .asf,
.wma, .wmv, .avi, .mpeg, .rm, .ra, .swf, .zip and .sit files).
(b) Bandwidth. You and your Web site visitors can view and
download the following amounts of content on your Web site
per month: (i) 1 page Web site and Starter Package Web sites
= 250 Megabytes per month; (ii) 5 page Web site = 1Gigabytes
per month; and (iii) 10 page Web site = 2 Gigabytes per month.
Network Solutions reserves the right to (A) charge, and you
agree to pay, an additional fee as determined by Network Solutions
in its sole discretion, which fee shall not exceed US $0.50
per Megabyte, for each Megabyte of usage that exceeds the
bandwidth limitations set forth above, or (B) terminate your
Web site and this Agreement if you exceed the bandwidth limitations
set forth above.
4. Conduct. You agree to be bound by the applicable provisions
of the Network Solutions Acceptable Use Policy, incorporated
herein and made part of this Agreement by reference, in connection
with your use of the services described in this Schedule.
5. Cancellation. You may cancel your Subscription Service
at any time. To cancel your Subscription Service you must
submit your written notice of cancellation to Network Solutions
(as provided herein) and include the following information:
(i) Your Network Solutions customer identification number
and username; (ii) the registered Domain Name associated with
your Web site; and (iii) your reason for requesting cancellation.
Unless otherwise agreed to in writing (in either paper or
electronic form), your Subscription Service will be canceled
as of the expiration of the monthly billing cycle in which
your notice was received.
6. Term and Termination.
(a) Term. Your Subscription Service shall be either (i)
on a month-to-month basis for successive monthly periods,
or (ii) on a year-to-year basis for successive yearly periods,
unless either party notifies the other of termination in accordance
with this Agreement.
(b) Notice of Service Cancellation by You. Unless terminated
earlier as provided herein, this Schedule, and the Agreement
if you have no other services with Network Solutions, will
be terminated as of the cancellation of your Subscription
Service.
(c) Survival. In the event of expiration or termination
of this Schedule or the Agreement for any reason, Sections
1 and 6 of this Schedule shall survive.
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Schedule P To Service Agreement
Additional Terms Applicable To Superstats, Counter, Boardserver,
Ez Polls And Guestbook Services -- Purchased Directly From
Network Solutions Or Provided Free With A Web Site
In addition to the terms and conditions set forth on Schedule
O, the following terms and conditions shall apply to all SuperStats,
Counter, Boardserver, EZ Polls and Guestbook services purchased
directly from Network Solutions or included free with a Web
site purchased directly from Network Solutions. For purchases
of any of these services through the MyComputer website storefront
(currently located at the URL www.mycomputer.com), please
see Schedule Q to the Agreement. All capitalized terms used
herein, and not otherwise defined, shall have the meanings
set forth on Schedule O.
1. Any services referenced herein that are purchased in
connection with a Subscription Service shall be included in
the definition of Subscription Service for purposes of the
terms and conditions set forth in Schedule O.
2. Use of Information. You acknowledge and agree that we
may (but are not obligated to) collect, store, use and/or
publish information regarding, and data related to, your Web
site, including, but not limited to, your domain name, URL
and traffic counts. Possible uses of such information include,
but are not limited to, marketing, the development and distribution
of lists concerning traffic patterns of (or visits to) Web
sites and Network Solutions member Web sites and for other
general commercial purposes. Use of any personally identifiable
information will be in accordance with Network Solutions'
Privacy Policy.
3. Page View Limits. The SuperStats and Counter services
are limited to One Hundred Thousand (100,000) page views per
account per month. All Web site accounts exceeding such limit
are subject to cancellation without notice.
4. Cancellation of Your Web site. Any termination of your
Web site Subscription Service will result in the termination
of your SuperStats, Counter, Boardserver, EZ Polls and/or
Guestbook services, if applicable, and this Schedule, at the
expiration of the monthly billing cycle in which your cancellation
notice was received and processed by Network Solutions.
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Schedule Q To Service Agreement
Additional Terms Applicable To Superstats, Counter, Boardserver,
Ez Polls And Guestbook Services -- Purchased Directly From
Network Solutions Or Provided Free With A Web Site
The following additional terms and conditions shall apply
to the SuperStats, WatchDog, Counter, SubmitWizard, SiteMiner,
Boardserver, EZpolls and GuestBook services purchased from
the MyComputer Storefront. For purchases of any of these services
directly through Network Solutions, please see Schedule P
to this Agreement.
1. Definitions. "MyComputer Storefront" as used herein shall
mean the website owned or operated by MyComputer.com, Inc.
at the URL www.mycomputer.com,
or its successor URL, through which an Internet user is able
to apply for the services referenced in this Schedule.
2. Use of Information. You acknowledge and agree that we
may (but are not obligated to) collect, store, use and/or
publish information regarding, and data related to, your Web
site, including, but not limited to, your domain name, URL
and traffic counts. Possible uses of such information include,
but are not limited to, marketing, the development and distribution
of lists concerning traffic patterns of (or visits to) Web
sites and Network Solutions member web sites and for other
general commercial purposes. Use of any personally identifiable
information will be in accordance with Network Solutions'
Privacy Policy.
3. Page View Limits. The SuperStats and Counter services
are limited to One Hundred Thousand (100,000) page views per
account per month. All accounts exceeding such limit will
be charged an overage charge as set forth on the MyComputer
Storefront.
4. Registration and Billing.
(a) To receive the SuperStats, WatchDog, Counter, SubmitWizard,
SiteMiner, Boardserver, EZpolls and/or GuestBook services
you must submit and maintain on file with MyComputer.com certain
registration data as requested by the MyComputer, Inc. online
registration form for such services. Such registration data
shall include, but not be limited to, your name, address,
email address, website URLs, credit card number and other
billing information. You must submit a separate online activation
request for each service you are subscribing to. Network Solutions
reserves the right, in its sole discretion, to refuse any
registration or Service activation request for any reason
or no reason. You represent that the registration information
you supply to Network Solutions is true, complete and accurate.
By submitting any information, you authorize Network Solutions
to use such information in accordance with its privacy policy
www.networksolutions.com/en_US/legal/privacy-policy.jhtml
.
(b) You acknowledge that MyComputer, Inc. will bill you
for all services you purchase.
(c) If you become a registered user of the MyComputer website,
you will receive a password for accessing your account information.
You are responsible for maintaining the confidentiality of
your password and account and are fully responsible for all
activities that occur using your password or account. Please
notify us immediately of any unauthorized use of your password
or account or any other breach of security. Network Solutions
and/or MyComputer is not liable for any loss that you may
incur as a result of any third-party's use of your password
or account.
5. Third-Party Beneficiary. For purposes of Section 3 of
this Schedule, MyComputer, Inc. is an intended third-party
beneficiary.
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Schedule R To Network Solutions Service Agreement
100-Year Domain Service
1. 100-Year Domain Service. When you purchase the Network
Solutions 100-Year Domain Service for a new domain name registration
through Network Solutions, we will initially register the
relevant domain name for the maximum number of years allowed
by the applicable registry. When you purchase the Network
Solutions 100-Year Domain Service for a domain name that is
currently registered through Network Solutions, we will initially
renew the domain name for the maximum number of years allowed
by the applicable registry. We will then automatically renew
the domain name registration on an annual basis until you
have received a total of 100 years of registration services
from us for that domain name from the date of your purchase
of the 100-Year Domain Service.
2. Non-Transferable; Non-Refundable. You acknowledge and
agree that the 100-Year Domain Service will terminate if you
transfer the domain name for which you purchased the service
to another registrar. You acknowledge and agree that this
service, like all other services we provide, is non-refundable
upon termination.
3. Other Services Affecting this Service. You acknowledge
and agree that our ability to provide the 100-Year Domain
Service is dependent upon, among other things, the continued
registration of the relevant domain name, and that any termination
of that registration (for whatever reason) will result in
the termination of the 100-Year Domain Service for that registration.