1.  Client will use their Web Hosting and DNS services in a manner consistent with any and all applicable laws of the State of Florida, California, Utah, Virginia, Pennsylvania, and Washington and the US Federal Government.

2.  Provider reserves the right, in its sole discretion, to deactivate the Client's account(s) upon an indication of credit problems including delinquent payments, or compromise of system integrity be it malicious or unintentional in nature. Provider reserves the right to disable or limit an account in the event that the advertised performance capacity is exceeded.

3.  THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE WEB HOSTING AND DNS SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.

4.  Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use their Web Hosting and DNS services for any reason.

5.  While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Provider. Customer Agrees to maintain a current copy of all the files they've uploaded to Domains At Cost server server as a backup. Customer understands that if any data is lost off a Domains At Cost server and the backup versions are not adequate to restore the data that was lost, that the customer will take the responsibility to use their own backup of the files to restore any data lost.

6.  CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. THIS INCLUDES MATERIALS TO FACILITATE VIOLATIONS BY OTHERS. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.

7.  CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING SUCH AS, BUT NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, AND ANY HARASSING AND OR HARMFUL MATERIALS OR USES, WHICH ARE CONSIDERED TO BE ABUSIVE AND UNETHICAL USES OF THE CLIENT'S ACCOUNT(S) OR THE HOST SERVER(S). CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE CLIENT'S ACCOUNT(S) OR HOST SERVER(S), OR DEEMED A VIOLATION OF THE TERMS OF SERVICE.

8.  Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.

9.  Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. This includes, and is not limited to bulk mailing lists which effect machine performance. The Provider reserves the right to deactivate the Client's account(s) upon an indication of such activity. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's account(s).

10. In the event it is necessary to refer any dispute to an attorney or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees and all costs associated with any legal action, whether or not a suit shall actually be filed.

11. Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

12. LIMITATION OF LIABILITY
IN NO EVENT SHALL DS Technologies. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF DS Technologies. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES .

In no event will DS Technologies.'s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual amount paid by Customer for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. Where the law does not allow the exclusion or limitation of warranties or incidental or consequential damages, or the limitation of liability with respect to death or personal injury due to negligence, so that the above limitations or exclusions may not apply to Customer, in such cases, DS Technologies.'s liability (and the liability of its affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.

13.FORCE MAJEURE
DS Technologies. shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, breakdown or damage to machinery, equipment or software, malfunctioning of software, corruption of data, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. In the event of such a Force Majeure,DS Technologies . shall give the other party prompt written notice within ten (10) days of the Force Majeure. If any such event continues for a continuous period of thirty (30) days, Customer may terminate this Agreement.

14.INTELLECTUAL PROPERTY
Customer represents and warrants that Customer's use of the Services shall not infringe the intellectual property or other proprietary rights of DS Technologies. or any third party. Customer further acknowledges that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of DS Technologies. ( collectively, "DS Technologies. Intellectual Property") is vested in DS Technologies. and/or in DS Technologies. licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the DS Technologies. Intellectual Property. Customer may not copy, modify or translate the DS Technologies. Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the DS Technologies. Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, Customer is not authorized to distribute or to authorize others to distribute the DS Technologies. Intellectual Property in any manner without the prior written consent o f DS Technologies.; provided, however, that nothing in this sentence would preclude Customer from using the DS Technologies. Intellectual Property as incorporated in the Services. This paragraph shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which Customer may now have or hereafter acquires in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to Customer.

15 DS Technologies. reserves the right to place HTTP error pages on your site, i.e. error 404, when your website creates an error for someone accessing your website via the internet. This is a courtesy service that is provided at no cost to you. At anytime you can replace this standard page with your own error page or just delete the page or pages from your website.

16 VPS and Dedicated customers bare the full responsibility of insuring they keep their Plesk, cPanel, Webmin, Virtualmin, or other control panels updated as well as all 3rd party installed applications whether installed by DS Technologies personnel, customer or their partners/affiliates at their own expense. It is the responsibility of the customer to insure their VPS or dedicated server has the latest updates for all software and applications on their server to prevent the server from being hacked or exploited. If a customer fails to keep their server updated and then cancels their services for any reason then there will be no refunds.

Acceptable Use Policy

As a provider of web site hosting, and other Internet-related services, DS Technologies. offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. DS Technologies. respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, DS Technologies. reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, DS Technologies. has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing DS Technologies.'s services. This AUP will be revised from time to time. A customer's use ofDS Technologies .'s services after changes to the AUP are posted on DS Technologies.'s web site, www.Domainsatcost.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that DS Technologies. cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because DS Technologies. cannot monitor or censor the Internet, and will not attempt to do so, DS Technologies. cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that DS Technologies. does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over DS Technologies's network and may reach a large number of people, including both subscribers and nonsubscribers of 4Domains, Inc., subscribers' postings to the Internet may affect other subscribers and may harm DS Technologies.'s goodwill, business reputation, and operations. For these reasons, subscribers violate DS Technologies. policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") which includes but is not limited to email, message boards, and newsgroups. Spam is defined as any method of unsolicited advertisement, typically based on purchased email address lists. It is not only harmful because of its negative impact on consumer attitudes toward DS Technologies., but also because it can overload DS Technologies's network and disrupt service to DS Technologies . subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, DS Technologies. has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. DS Technologies. is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also DS Technologies.'s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using DS Technologies.'s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. DS Technologies . is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through DS Technologies.'s network.

Defamatory or Abusive Language -- Using DS Technologies.'s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that DS Technologies. determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

DS Technologies. also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching DS Technologies facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. DS Technologies. does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. DS Technologies. has the right to directly take action against a customer of a subscriber. Also, DS Technologies. may take action against the DS Technologies. subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, DS Technologies . anticipates that subscribers who offer Internet services will cooperate with DS Technologies. in any corrective or preventive action that DS Technologies. deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of DS Technologies. policy.

DS Technologies. also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, DS Technologies. urges its subscribers to assume that all of their on-line communications are insecure. DS Technologies. cannot take any responsibility for the security of information transmitted over DS Technologies, Inc.'s facilities.

DS Technologies. will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. DS Technologies. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, DS Technologies. may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. DS Technologies. assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, DS Technologies. may disclose subscriber information or information transmitted over its network where necessary to protect DS Technologies and others from harm, or where such disclosure is necessary to the proper operation of the system.

.DS Technologies expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate DS Technologies. policy. Finally, DS Technologies. wishes to emphasize that in signing the service agreement, subscribers indemnify DS Technologies. for any violation of the service agreement, law, or DS Technologies. policy, that results in loss to DS Technologies. or the bringing of any claim against DS Technologies. by any third-party. This means that if DS Technologies. is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against  DS Technologies., plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including DS Technologies . and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to our abuse team. DS Technologies. Reserves the right, at its sole discretion, to terminate any existing or new customer for any reason.

This agreement, in its entirety, will be governed by the laws of the United States and the State of Florida, without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the Federal or State Courts located in Pasco County, Florida, and you irrevocably consent to the jurisdiction of such Courts.

Billing Terms of Service & Policies

1) What are the costs and when do they start?

Most Web Hosting and DNS services have an appropriate setup fee and recurring monthly charge associated with them. Recurring monthly charges vary according to the services contracted for and are fully calculated and disclosed before completing your order online. Activation and setup of your Web Hosting and DNS services begins upon receipt of the setup and the first month's service fee. You will be provided with login information shortly upon receipt of payment. The first invoice you receive, after, your account is setup will be for the second month's pro-rated charges to the end of that month. This pro-rate invoice is sent along with your server configuration information. See number 5 below for more information about your pro-rate invoice.

All future invoice payments after the pro-rate invoice are due in our offices on the first of the month. Prices are subject to changes in our costs, but are guaranteed through your paid billing period.

2) How can I pay for my services?

Accounts are paid by Mastercard, Visa, Discover, American Express, Wired Funds, Money Orders, PayPal, or Checks drawn on US Funds. All invoices are e-mailed monthly, quarterly, semi-annually or annually (per your choice) at the beginning of the payment period. Invoices are sent via e-mail usually around the 20th of each month. Payments are due in our offices no later than their due date regardless of when the invoice is sent to you.

WHEN USING DEBIT CARDS, DS Technologies . WILL NOT BE RESPONSIBLE FOR ANY SERVICE CHARGES INCURRED BY YOUR BANK FOR BILLING ERRORS MADE BY DS Technologies. Typical Credit Card charges can be easily reversed without any fees incurred by you the customer. In the case of using a debit card billing errors can lead to bank service fees for overdrawn accounts, etc.  DS Technologies cannot assume this risk when you choose to use this form of payment as the normal system available to make returns or correct billing errors is not available with debit cards, without potentially overdrawing your account.

3) How can I upgrade/downgrade my account?

This can be accomplished within the MyAccount management area located at:

https://manage.domainsatcost.com

The interface for account changes is located under "Invoices/Payments" and then "Recurring Services".

4) If I cancel my account do I get a refund and what is the cancellation procedure?

If you decide to cancel your DS Technologies account we must receive your cancellation notice 5 days before the end of your last month of service (90 day notice required for all dedicated servers) by either FAX (352) 437-4982 or online at:

https://manage.domainsatcost.com

CANCELLATIONS NOT RECEIVED 5 DAYS BEFORE THE END OF THE MONTH ( (90 DAY NOTICE REQUIRED FOR ALL DEDICATED SERVERS) WILL BE SUBJECT TO NEXT MONTH'S FULL CHARGES. WE DO NOT REFUND ANY PORTION OF UNUSED SERVICES.

Please make note of your domain name, and reasons for ending service with . We are always trying to improve our services and we appreciate your input.

REMEMBER: If a customer wishes to cancel their service DS Technologies will do so on the last day of the billing period, subject to the 5 day notification REQUIREMENT (90 day notice required for all dedicated servers). There are NO EXCEPTIONS.

If the service is cancelled within the first 30 days because our product did not perform as stated on our web site, the entire first month's fee will be refunded (1) The 30 days is counted with day 1 being the first day the account was made available.

Our guarantee is to assure that our products will perform as stated on our web site or we will return your first month's product fee. If you pay on our annual pricing schedule and cancel within the first 30 days because we do not meet your expectations pursuant to our terms of service, we will refund 70% of the annual payment made. Setup, mapping, Domain Name Fee and any other miscellaneous fees are not refundable. Yearly accounts canceled after the initial 30 days ARE NOT REFUNDABLE. Yearly accounts canceled after the initial 30 days will remain active and accessible for the full term pursuant to DS Technologies Usage Policy above.

(1) Due to the technical overhead (both staffing and resources) of Dedicated Servers and Virtual Nameserver Products (vDNS) or any customized solutions we have developed for you on your behalf, neither the 10 day or 30 day money back guarantees, nor the annual return policy can be applied to these services.

5) What will happen if my payment is late for any invoice? (IMPORTANT)

Payment for all regular monthly invoices are due in our offices on the first of each month, REGARDLESS of when the invoice is sent to you. We allow a grace period until the 5th of each month. If payments are not posted to your account within 5 days of their due date, a $25 late fee will AUTOMATICALLY be assessed to your account.

Posted: Payment received in our offices and processed by our staff and applied to the account in question. This does not refer to the date a postal transmission is initiated (postmarked) or the date of an email. It is the date actual payment is applied to the account.

If payments are not received in our offices within 15 (5 for dedicated servers) days of their due date your account will be AUTOMATICALLY deactivated. There is a $50 reactivation fee, in addition to the $25 late fee.

If you choose not to reactivate your account you are still responsible for the 15 (90 for dedicated servers) days of service you received and any outstanding balance on account including the late fees.

Upon completion of your server setup, you will be e-mailed your server configuration information with the password and username to access your account. Included with this letter will be your Pro-Rate bill to cover your second partial month's service. From then on your account is due on the first of the month.

Below is an example of how pro-rates are calculated.

Brown.com started on January 15th, they paid a $75 setup fee and $100 for the first month. That means their account is paid until February 14th. To pay for the period from February 15th to the 28th they pay a fraction of a regular monthly payment (pro-rate bill). In our example for Brown.com there are 14 days from the 15th to the 28th of February, and 14 is half of 28. So their Pro-Rate bill is half, or 50% of their monthly fee or regular bill. This equates out to $50, because 50% of $100 is $50.

From then on, their account will be due on the first of each month for the regular monthly fee of $100, barring any upgrades, addons or any other changes in services.

DS Technologies is proud to provide the necessary resources for access and Web hosting during the term of your contract. Non-use of your purchased services (regardless of technical association with the service) is not a valid basis for a return or credit to your account.

This includes, but is not limited to, implied cancellation by changing hosting providers. A service termination must be posted to the accounting team throught the MyAccount interface to end a service and avoid future billing.

Credits to an account can only be used for additional services, and are not available for refund.

8) Billing Discrepancies

While every effort is made to ensure your account is always billed correctly errors can occur and we stand behind our clients. If you notice a billing discrepancy please notify accounting immediately via:

FAX......: +1.352 437 4982
On-Line..: https://manage.domainsatcost.com/

9) Credit Card Charge-backs/Disputes

Upon receipt of a credit card dispute all related services on an account will be subject to immediate disable. In response to a disputed transaction our accounting team will prepare written documentation to explain the charge to the merchant bank in question. If you are able to cancel the dispute with the merchant bank prior to our written response back to the bank a $35 service fee will be applied to your account PRIOR to reactivation, payable by cashiers check, money order, or wired funds. If a dispute is not withdrawn prior to our written response back to the merchant bank in question the service fee will be $75 to cover the service fees, staff time, and handling costs we incur. In this case the $75 service fee must also be paid by cashiers check, money order, or wired funds. Once written confirmation of a dispute has been received there will be a 5-15 business day cooling off period before service is reactivated depending on the payment method selected to resolve the service fee, and any delays we experience verifying that payment.

Use of Foul Language, inappropriate Gestures, Unprofessional Conduct
Use of foul language, cussing, inappropriate gestures, or any unprofessional conduct by a customer verbally or written to any member of DS Technologies management or staff will NOT be tolerated, and may result in immediate cancellation of all services.

DS Technologies, nor DomainsAtCost.com Is an ICANN approved Registrar. We are a authorized reseller, reselling under ICANN Approved Registrars Internet.bs Corp. and Tucows Inc.

"We", "us" and "our" refer to the registrar listed at the bottom of this agreement

This Registration Agreement ("Agreement") sets forth the terms and conditions of use by the Service Provider, Reseller, Applicant, beneficiary and the Registrant (jointly and severally referred to as "you") of our domain name registration services (the "Services) and your registration of that domain name (the "Registration").

By submitting a domain name ("Domain") to us for Registration, you acknowledge that you have read, understood, and agreed to all the terms and conditions of this Agreement, any agreement referencing this Agreement, the incorporated Uniform Domain Name Dispute Resolution Policy (the "Dispute Policy") also available here: http://www.icann.org/udrp/udrp.htm, and any other rules or policies that are or may be published by us from time to time. The operative and effective version of this Agreement will be the latest version available at http://www.internetbs.net/legal/Internet.bs-RegistrationAgreement.pdf

By submitting a Domain to us for Registration, you are also warranting that you have the authority and legal capacity to enter into this Agreement.

By subscribing to any third party services through our Website, you must agree to and comply with the policies and terms of use, as applicable, of any such third party.

Except when expressly agreed to the contrary in writing by us, this Agreement, in addition to any other specific agreement between you and us, supersedes any other written (including, without limitation, digitized/computerized) agreement, oral agreement, or agreement by conduct.

Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires.

This Agreement will become effective upon the submission of you Registration. We, at our own sole discretion, may accept or reject your Registration application ("Application"), such rejection including, without limitation, rejection due to a request for Registration of a prohibited Domain.

 

1. COMPANY ABSTRACT, REGISTRATION, AND DISPUTE

a. Accreditation. We are NOT an officially accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the ".BIZ", ".COM", ".INFO", ".NAME", ".NET", “.ASIA”, “.TEL”, “.MOBI” and ".ORG" or any Top-Level Domains ("TLDs"), and other future TLDs. We have been granted full rights to provide the Services for Second-Level Domains within these TLDs. ICANN oversees the Domain system management for such present and future TLDs through approved Registrars. Upon accepting your Application, we become your sponsor for that Application.

b. Time Registration Effective. All Registrations that we register for the applicable TLDs are not effective until we have delivered (when applicable) the required Registration information that you provide us to the registry administrator (the "Registry") for the applicable TLDs and such Registry puts your Registration into effect.

c. No Responsibility for Registry's Actions. While we always take extreme care in processing your orders, you agree that we are not liable or responsible in any way for any errors, omissions, or any actions by the Registry arising out of or related to your Application and receipt of, or failure to receive, a Registration.

d. Domain Disputes. You agree that, if your use of our Services is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy. If we are notified that a complaint has been filed with a judicial or administrative body regarding your Domain and/or your use of our Services, you agree not to make any changes to your Domain record without our prior written approval. We may, at our sole discretion, not allow you to make changes to such Domain 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 Domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your Registration and use of our Services, we may deposit control of your Domain record into the registry of the judicial body by supplying a party with a registrar certificate from us.

e. Indemnification. You further agree to indemnify, defend, and hold harmless our company, the Registry, their respective parent companies and subsidiaries, and all of their respective executives, directors, officers, attorneys, managers, employees, consultants, contractors, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including, without limitation, legal costs) arising out of or related to your Registration. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.

f. Lawsuit: If we are sued or threatened with lawsuit in connection with Service(s) provided to you, you have to indemnify us and to hold us harmless from the claims and expenses (including attorney's fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter. Such deposit will be drawn down as expenses are incurred, We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Service(s) for a failure to make or renew such a deposit. We will return any unused deposit upon the conclusion of the matter.
 

2. FEES

a. Your Obligation. You, or the reseller ("Reseller") on your behalf, will be responsible for paying all fees associated with the Services provided by us. When renewal fees are due, it will be your sole responsibility to ensure that such fees are paid on time to us.

b. Payment & Deadline. You must make payments by credit card or such other method as we may authorize or indicate in the Registration renewal form ("Renewal Form"). Should you fail to pay the fees by the due date specified, we have the right to cancel your Registration at our sole discretion. You agree that we will have no liability whatsoever with respect to any such cancellation. All fees, including, without limitation, Pre-Registration fees, are non-refundable, in whole or in part, even if your Registration is suspended, cancelled, or transferred prior to the end of your then current Registration term. All Domain Renewal fees are non-refundable. If your Domain is set to Auto Renew it will be renewed within 48 hours of the expiration date. Domain Renewal fees for Domains set to auto renew are non refundable. It is the Registrants sole responsibility to ensure that only domains they wish to have auto renew are set to auto renew. While it is our intention to always announce changes well in advance to our existing customers, we reserve the right to change fees, surcharges, and renewal fees, and to institute new fees at any time, for any reason, at our sole discretion.

c. Actual Payment Required. Your requested Domain will not be registered, or pre-registered, unless we receives actual payment for the Registration or Pre-Registration fee, or at least reasonable assurance of payment of the Registration or Pre-Registration fee from some other entity (such reasonable assurance will be determined at our sole discretion). For Pre-Registration Services, Registration will not be granted to you if payment is not received.

d. Credit Card Charge Back. In the event of a charge back by a credit card company (or similar action by another payment provider approved by us), in connection with the payment of your Registration fee, you agree that the Registration will be transferred to us as the paying entity for that Registration to the Registry. You also agree that we reserve all rights regarding such Domains including, without limitation, the right to make the Domains available to other parties for purchase. We may reinstate your Registration at our sole discretion and, subject to receipt of the initial Registration or renewal fee and then current reinstatement fee.

e. Outstanding Fees/Charges. You are responsible for the full and prompt payment of any outstanding fees and/or charges, notwithstanding the termination or expiry of this Agreement for any reason.
 

3. DOMAIN OWNERSHIP

a. Ownership of Domain. You understand and acknowledge that the Registrant, whose name is on record, will have sole legal ownership of the Domain. It is your sole responsibility, and not that of our company in any way, to ensure that the proper Registrant name is recorded.

b. Domain Privacy. If you elect to use our Private Whois service in order to mitigate spam and protect your privacy and when the corresponding Registry allows domain privacy, you agree you are still the sole owner of the domain and we do not play the role of a proxy registrant. Furthermore you retain full control over your domain, including the option to update whois details at your own sole discretion. You also understand and agree we will not respond to any legal action against your domain as we are merely the domain Registrar and you will have to promptly and directly handle domain disputes. Our Private Whois service is immediately and without any filtering or human intervention forwarding all emails sent to the listed public whois contact to your chosen email addresses, as such you understand and accept we cannot be held responsible if you decide not to answer to email(s) you receive or if you omit to monitor your email inbox and/or spam box. Our domain privacy (Private Whois) public whois clearly states “PLEASE DO NOT SEND LETTERS - Contact the owner by email only” as such we will simply discard or reject all letters we may receive addressed to you, if you do not agree and/or if you wish to receive letters, DO NOT use our Private Whois service. For some TLD such as .eu, .fr and .uk the corresponding Registry forbids Domain Privacy (Private Whois) provided by a third party, however the corresponding Registry offers in general equivalent and/or similar privacy services you can configure either from our interface and/or from the Registry’s interface. It is your responsibility to refer to each Registry’s policy before you subscribe to our service(s) to make sure they match your needs and expectations.
 

4. CHANGES TO THE AGREEMENT

You acknowledge that the practice of registering and administering Domains is constantly evolving; therefore, you agree that we may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with our agreement with ICANN, or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of the Domain registered to you will constitute your acceptance of this Agreement with any new change. If you do not agree to any such change, you may request that your Registration be cancelled or transferred to a different Domain registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.

5. REGISTRATION INFORMATION, USE, & LIMITATIONS

a. Required Information. As part of the Registration process, you must provide certain information. You must promptly update the information you provide, as is needed to keep it true, correct, accurate, current, and complete. You must provide the following information when registering your Domain:
(i) The legal name and postal address of the Registrant (the Domain owner/holder) even if you use Private Whois (Domain Privacy) service;
(ii) The Domain being registered;
(iii) The full legal name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts for the Domain;
(iv) The IP addresses of the primary nameserver and any secondary nameserver for the Domain, if required;
(v) The corresponding names of those nameservers, if required;
(vi) Any remark concerning the Domain that should appear in the Whois directory;
(vii) Any other data that any Registry may require to be submitted to it, including specifically information regarding the primary purpose for which a Domain is registered.

b. Additional Information about your Registration. In addition to the information you are required to provide, we maintain records related to your Registration. These records may include, at our sole discretion, without limitation:
(i) The original creation date of the Registration;
(ii) The submission date and time of the Application (to us and by us to the proper Registry);
(iii) Communications (electronic or paper form) constituting Registration orders, modifications, or terminations, and related correspondence between you and us;
(iv) Records of account for your Registration, including, without limitation, dates and amounts of all payments and refunds;
(v) The expiration date of the Registration;
(vi) Any other information regarding any and all other activities between you and us regarding your Registration and related Services.

c. Information About Third Parties. If you provide information about a third party, you hereby represent that you will have (i) provided prior written notice to the third party of the disclosure and use of that party's information, and (ii) obtained the third party's express prior written consent to the disclosure and use of that party's information.

d. Failure to Provide Proper Information. You acknowledge that if you provide any inaccurate information, or fail to update information promptly, you will be in material breach of this Agreement, which will be sufficient cause for cancellation of your Registration. You further agree that your failure to respond to inquiries made by us to the e-mail address of your administrative, billing, or technical contact then appearing in the Whois directory concerning the accuracy of any information related to your Registration will constitute a material breach of this Agreement, which will be sufficient cause for immediate cancellation of your Registration.

e. Enforcement of Accurate Whois Data. We reserves the right to accept written complaints from third parties regarding false and/or inaccurate Whois data of Registrants and follow any other procedures set forth in any agreement we have with a particular Registry.

f. Disclosure & Use of Registration Information. You agree that we will make your Registration information available to ICANN and the Registry, and their respective designees and agents, and to any other third party as ICANN and applicable laws may require or permit. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all of your Registration information for purposes of inspection (such as through our WHOIS Service) or for other purposes as required or permitted by ICANN and applicable laws.

g. Government Use of Information. You understand and agree that Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit others to do so, all Data provided by Registrant. "Data" means any recorded information, and includes, without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.

h. ICANN Guidelines & Requirements. You agree that ICANN may establish guidelines, limits, and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. You also agree and consent to any and all such disclosures, uses, guidelines, limits, and restrictions related to your Registration information (including, without limitation, any and all updates to such information), whether during or after the term of your Registration. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your Registration information by us.

i. Access to Registration Information. You may access your Registration information, which is in our possession, to review, modify, or update such information. You can access your Registration information by accessing our Account Management On-Line Forms, or similar Service, made available at our web site.
 

6. DOMAIN REGISTRAR TRANSFERS

a. Fees. Before any registrar transfer Service (incoming transfer) provided to you by us becomes effective, you or the reseller on your behalf, must pay us the then current registrar transfer fee for the registrar transfer Service for your Domain.

b. Request to Transfer Registration. Only the Registrant of the Registration and Domain, the authoritative holder, may initiate a request to transfer the Registration from a particular registrar to us (incoming transfer) or from us to another registrar (outgoing transfer). Therefore, you hereby represent that you have the full and complete authority as the holder of the Registration and Domain to initiate any transfer, or as a contact listed on the current Registration, that you have been given full and complete authority by the Registrant to initiate the transfer We at our sole discretion, may require you to provide documentation that proves that the Registrant initiated and/or authorized the transfer request.

c. Right to Refuse Transfer. We reserves the right to deny any request to transfer a Registration (i) during the first sixty (60) days after the initial Registration with the original registrar; (ii) in accordance with the circumstances described in this Agreement under the Dispute Policy; (iii) if/when there is a pending bankruptcy of the Registrant; (iv) if/when there is a dispute over the identity of the Registrant; (v) by operation of law; or (vi) at the discretion of the then current registrar. It is the sole responsibility of the Registrant, and not our, to ensure that the request to transfer will not be denied for any of the above reasons prior to initiating and paying for the registrar transfer Services. Fees are not refundable, however after a failed transfer, funds are immediately made available to your pre-paid account and they can be applied to subsequent transfer requests.

d.Transfer Fees of Failed Transfers are NON Refundable. It is the Registrant of Records full and complete responsibility to ensure that all requirements per ICANN Regulations are met to properly prepare the Domain for Transfer.

e. Successful Completion of Registrar Transfer Request. Upon successful completion of a registrar transfer request, we will immediately become the registrar of record. As such, you will be bound by this Agreement.

f. Expired Domain Names can not be Transferred (outbound transfers).
 

7. OWNERSHIP OF DATA

You agree and acknowledge that we own all databases, compilations, collective and similar rights, titles, and interests worldwide in our Domain database (the "Domain Database"), and all information and derivative works generated from the Domain Database. You further agree and acknowledge that we own the following information for those Registrations for which we are the registrar:

(i) the original creation date of the Registration;

(ii) the submission date and time of the Application (to us and by us to the proper Registry);

(iii) communications (electronic or paper form) constituting Registration orders, modifications, or terminations, and related correspondence between you and us;

(iv) records of account for your Registration, including, without limitation, dates and amounts of all payments and refunds;

(v) the expiration date of the Registration;

(vi) the name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative contact, technical contact, and billing contact, and the name holder, for the Registration;

(vii) any remark concerning the registered Domain that appears or should appear in the WHOIS or similar database; and

(viii) any other information or data that we generate or obtains in connection with the provision of the Services.

8. AGENTS AND LICENSES

a. Warranty of Authority. If you are registering a Domain for someone else, you warrant and agree that you have the authority to bind that person as a principal to all the terms and conditions provided herein.

b. License to Third Party. If you license the use of the Domain registered to you to a third party, you warrant and agree that you nonetheless remain the Registrant (the Domain holder of record), and remain responsible for any and all obligations under this Agreement, including, without limitation, payment and providing (and updating, as necessary) your full, current, accurate, and complete contact information and administrative, technical, and billing contact information, adequate to facilitate timely resolution of any problem that may arise in connection with the Domain and Registration.
 

9. FREE DOMAINS & SERVICES
Customer understands and agrees that when registering for a Web Hosting Promotion or Special that includes a Free Domain Name Registration the Web Hosting services must be paid and remain active for a minimum of one year. In the event of early termination for non payment or cancellation by the customer prior to one year of the registration date the customer shall be responsible to pay for the Domain Name Registration at the current published website price, for the term that the Domain Name was Registered. Failure to make payment upon demand by DS Technologies shall result in forfeiture of the Domain Name and DS Technologies may at their sole discretion take management of the Domain, redirect the Domain, Change the Whois Contact Information, or put the Domain up for auction or otherwise sell the Domain, in which case you relinquish all rights and control over the Domain and Domain Services.
 

10. EXPIRATION OF DOMAIN NAME REGISTRATION
After expiration of the term of domain name registration services, you acknowledge that certain registry administrators may provide procedures or grace periods during which expired domain name registrations may be renewed. You acknowledge that you assume all risks and all consequences if you wait until close to or after the end of a domain name registration term to attempt to renew the registration. You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in a post-expiration renewal of a domain name and that we shall not be liable therefore. You acknowledge that post-expiration renewal or redemption processes, if any, involve additional fees which we and your Service Provider or Reseller may determine. You acknowledge and agree that expired domain name(s) may be made available to be registered or re-registered to any party at any time.

You agree that after expiration of the term of a domain name registration we may, for a period of thirty (30) days (the "Expiry Period"), either i) remove the domain name from the zone of the top-level-domain (meaning that the Domain will no longer resolve), or ii) direct the Domain to name-servers and IP address(es) of website(s) designated by us, including, without limitation, to IP address(es) which host a parking page or a commercial search engine that may display advertisements. If we exercises our rights under this provision, and if you do not contact us to pay for and renew the Domain prior to the end of the Expiry Period, you agree that you have abandoned the Domain and you relinquish any and all rights that you may have had to the Domain to us other than the rights that we provide to you in this agreement.

After the Expiry Period, you agree that we may either (i) delete the Domain at any time thereafter or (ii) pay the Registry's registration fee or otherwise allow it to continue to be registered and that we may list ourselves or a third party as the registrant of the Domain in the WHOIS information and pointing the Domain to the name-server(s) and IP address(es) designated by us or, (iii) put the Domain up for auction or otherwise sell the Domain, in which case you relinquish all rights and control over the Domain and Domain Services. If we are named as the Registrant for the Domain after the Expiry Period, the ability to redeem the Domain will be available to you for a period of thirty (30) days (the "Registrar Redemption Period") for a redemption fee equaling that charged for Domains that have been deleted and available for redemption at the Registry. You agree that this service is functionally equivalent to ICANN's or a registry's redemption grace period, which may normally occur after deletion. After the Expiry Period you agree that you have abandoned the Domain and you relinquish any and all rights that you may have had to the Domain to us.
 

11. LIMITATION OF LIABILITY

YOU AGREE THAT WE (FOR THE PURPOSES OF THIS SECTION, WE INCLUDE, WITHOUT LIMITATION, OUR COMPANY EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, REGISTRIES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING OUR SERVICES) WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS THAT MAY OCCUR DUE TO ANY (A) LOSS OF REGISTRATION OF A DOMAIN; (B) USE OF YOUR DOMAIN; (C) ACCESS DELAY OR ACCESS INTERRUPTION TO OUR REGISTRATION SYSTEM; (D) NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND US AND/OR BETWEEN US AND THE REGISTRY; (E) EVENT BEYOND OUR REASONABLE CONTROL; (F) PROCESSING OF THE APPLICATION; (G) PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN; (H) FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEE HEREUNDER; (I) SUSPENSION OR CANCELLATION OF YOUR REGISTRATION BY US; OR (J) APPLICATION OF ANY DISPUTE RESOLUTION PROVISION HEREIN. FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU OR YOUR AGENT TO US FOR THE INITIAL REGISTRATION OF YOUR DOMAIN.
 

12. INDEMNITY

REMOVED

13. DISCLAIMER

ALL THE SERVICES ARE PROVIDED TO YOU "AS IS," AND WE WILL HAVE NO LIABILITY FOR FAILURE OF ANY OF THE SERVICES WE PROVIDE, WHETHER UNDER THEORIES OF STRICT LIABILITY, PRODUCTS LIABILITY, NEGLIGENCE, OR OTHERWISE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR OUR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THE REGISTRATION OR USE OF A DOMAIN UNDER THIS AGREEMENT WILL IMMUNIZE YOU FROM CHALLENGES TO YOUR REGISTRATION OR FROM SUSPENSION, CANCELLATION, TRANSFER, OR ANY OTHER LOSS OF THE DOMAIN REGISTERED TO YOU. FOR THE PURPOSES OF THIS SECTION, WE INCLUDE, WITHOUT LIMITATION, OUR EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, REGISTRIES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, REGULATING, PRODUCING, OR DISTRIBUTING OUR SERVICES.
 

14. REPRESENTATIONS & WARRANTIES

a. Against Infringement. You represent and warrant to us that you hold the necessary rights to use, or permit to use, any item used through our Services, and that such use will not in any way:
(i) violate or potentially violate any right of any third party, including, without limitation, infringement or misappropriation of any copyright, patent, trademark, trade secret, or other proprietary right;
(ii) constitute or potentially constitute violations, such as, without limitation, false advertisement, unfair competition, defamation, invasion of privacy, invasion of rights, and discrimination;
(iii) cause or potentially cause a business dispute, personal dispute, or any other dispute;
(iv) be or potentially be unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise offensive;
(v) be or potentially be racially, ethnically, disputatiously, argumentatively, or ethically objectionable; or
(vi) encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, including, without limitation, local, provincial, state, national, international, or other laws.

b. Registration Information. You represent and warrant that all information provided by you in connection with your Registration is, and will be, true, current, accurate, and complete at all times. Breach of this section will constitute material breach of this Agreement and cause for immediate cancellation of your Registration and Domain.

c. Infancy: You attest that you are of legal age to enter into this Agreement.

d. Registry supplemental policies and rules: You agree to be bound by the rules, policies, and agreements of each Registry from which you purchase directly or indirectly a domain registration using our services, refer to the incorporated ADDITIONAL REGISTRY REQUIREMENTS section for specific details for each registry if any.
 

Breach of these sections will constitute material breach of this Agreement and cause for immediate cancellation of your Service(s) Registration(s) and Domain(s). You further agree to protect, defend, hold harmless, and indemnify our company, any third party entity related to us (including, without limitation, any Registry), and our executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, and subsidiaries from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses arising out of or resulting from the Registration, use of the Domain, or from any breach of this Agreement. This indemnification is in addition to any indemnification required under the Dispute Policy. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.
 

15. BREACH & REVOCATION

a. Revocation by us. We reserve the right to immediately suspend, cancel, transfer, modify, or terminate your Registration for any reason, including, without limitation, (i) your material breach of this Agreement; (ii) your use of any services, including, without limitation, the Domain registered to you, that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet, including, without limitation, sending unsolicited commercial advertisements (including, without limitation, spamming) or sending threats, harassments, and obscenities; (iii) your use of your Domain in connection with unlawful or unethical activity; (iv) our receipt of an order from a court of competent jurisdiction or an arbitration award; or (iv) any other grounds for suspension, cancellation, transfer, modification, or termination that is determined by our sole discretion. You understand and agree that you will not receive any refund whatsoever for any such suspension, cancellation, transfer, modification, or termination of your Registration for any reason.

b. Revocation by ICANN, Registry, or Registrar. You further acknowledge and agree that your Registration is subject to suspension, cancellation, transfer, modification, or termination by any ICANN procedure, any Registry procedure approved by an ICANN-adopted policy, or our company.

c. Civil/Legal Liability for Breach. ANY BREACH OF THIS AGREEMENT MAY RESULT IN CIVIL ACTION, LEGAL ACTION, AND/OR CRIMINAL PROSECUTION.
 

16. GOVERNING LAW & SEVERABILITY

a. Governing law. Except as otherwise set forth in the UDRP, .eu Dispute Resolution Rules or any similar ccTLD policy with respect to any dispute over your domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of The United States and the State of Florida, as if the Agreement was a contract wholly entered into and wholly performed within The State of Florida, United States.
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN FLORIDA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

For the purpose of .eu domain holders only and for matters relating to .eu domains only the applicable law for the Terms and Conditions shall be the law of the state of Luxemburg.

b. Severability & Amendment. If any provision or portion of any agreement (including, without limitation, this Agreement) between you and our company is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that agreement will continue in full force and effect. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of our company. It is your sole responsibility to ensure that the representative subscribing such document is actually authorized to do so.

17. NOTICES

You agree that any notice required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
 

18. GENERAL

a. Entire Agreement. This Agreement, in addition to any other specific agreement between you and us, constitutes the full and complete understanding and agreement between you and us, relating to the subject matter hereof. Except when expressly agreed to the contrary in writing by us, this Agreement supersedes any other written (including, without limitation, digitized/computerized) agreement, any oral agreement, or any actual or alleged agreement by conduct.

b. Independent Contractor Relationship. Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between you and us. You and our company will each be deemed an independent contractor at all times and will have no right or authority to assume, create, or incur any obligation on behalf of the other, except as may be expressly provided herein. You must not, in any way, misrepresent your relationship with us, attempt to pass yourself off as us, or claim that you are us.

c. No Waiver. The failure of our company to require your performance of any provision of this Agreement will not affect our full right to require such performance at any time thereafter; nor will the waiver by us of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself.

d. Survival of Termination. Sections 2, 3, 5, 7, 9, 10, 11, 12, 13, 14, 15 and 16, and the Dispute Policy, will survive the expiry or termination of this Agreement for any reason.
REGISTRAR: Internet.bs Corp and Tucows Inc.