There are 2 parts to this Domain Registration Agreement
There are 2 parts to this Domain
Registration Agreement. Part 1 is created by WebSite
Creations and is your agreement with WebSite Creations
concerning your registered domain (if it has been registered
through us). Part 2 is the agreement provided by the
registrar, BulkRegister. You are bound by both
agreements.
PART 1
WEBSITE CREATIONS
DOMAIN REGISTRATION AGREEMENT
'
If you
order a new domain through WebSite Creations, we will
setup the domain through BulkRegister.com, the second
largest ICANN accredited registrar. We offer a low
yearly price for domain registrations by subsidizing the
costs associated with domain name agency maintenance for
our hosting customers. Your domain will be owned
by you and you can make changes to it at any time,
including transferring your domain to a different web
host if you so choose. However,
we do not subsidize the price of domains which are not
hosted by WebSite Creations. Domains
registered through us and hosted by us will incur the
yearly fee of $17.50 per domain. Domains
registered through us but not hosted by us will incur
the yearly price of $25.00 per domain. If you
transfer your domain to another web host within 180 days
of your signup date, you will be charged the difference
between the non-hosted account price, and the price you
paid for your domain when you signed up. If you
park a domain with us and then decide to host your
domain with another company, then your domain
registration will be due in the full amount of $25.00
per year.
Yearly domain fees if you host with us =
$17.50
Yearly domain fees if you do not host with us = $25.00
If you transfer your site to another host after
180 days of your sign up, your price for your domain shall remain
the same for the duration of your current registration term.
In both cases your renewal fee will be $25 per year for your domain
if you renew your domain through BulkRegister. If you wish to
make changes to your domain, you can visit http://www.hostsonic.com/hd/
.
Domain
registration fees are non-refundable.
Domain Name
Renewals --- If your domain name is registered with
BulkRegister.com, and we are your agent, then you can renew a domain
by going to https://www.hostsonic.com/renewadomainviapaypal.html . If your domain name is registered with
BulkRegister.com and we are your agent, then the following
applies.
1. BulkRegister.com will contact you 3-4 weeks in
advance notifying you of pending domain name expiration. You
will receive subsequent notices until your domain either expires or
is renewed. 2. The notice will be sent via email to the email
address on file with the registrar. 3. If the domain name is not
renewed, it will expire and be turned off by the registrar. 4. If
the domain name is not renewed 3 weeks after expiration, the domain
name will go into REDEMPTION status. At this point, if you
choose to renew the domain, it will cost you the normal registration
fee of $17.50 per year PLUS a fee of $149.99 which is paid to the
registrar. This is called the redemption fee. The
redemption fee is charged to you by the registrar, NOT our
company. We do not get any of the redemption fee. 5.
If you choose not to renew the domain name after it has gone into
redemption, the registrar will hold it for 90 days during which
no-one else can purchase the domain. After the 90 days, the
domain will be released to the public and will be up for
registration by anyone.
Be sure
to keep your contact email current with the domain name
registrar. To keep your email current, go to http://www.hostsonic.com/hd/ and open a request.
We do
not automatically renew a domain name for any customer. Each
time your domain name comes up for renewal, it is your
responsibility to contact us at http://www.hostsonic.com/hd/
to let us know that you wish to renew your domain name or visit https://www.hostsonic.com/renewadomainviapaypal.html to
pay for your domain renewal. In both cases, you must state
your exact domain name so that we
can renew the domain for you. We will take no action
on your domain renewal unless you notify us in a manner stated
above.
PART
2
BULKREGISTER.COM
REGISTRATION AGREEMENT 2.1
This Registration
Agreement 2.1 ("Agreement") sets forth the
terms and conditions agreed to between you and
BulkRegister.com, a Maryland corporation (the
"Registrar", "we" or
"us"), relating to the registration of one
or more Second Level Domain name(s)("SLD name(s)")
ending in the .com, .net or .org Top Level Domains.
We are a registrar accredited by the Internet
Corporation for Assigned Names and Numbers ("ICANN")
pursuant to an accreditation agreement between us
and ICANN ("ICANN Agreement"). By
registering any SLD name with us on or after
November 29, 2000 (whether directly or through your
agent, or as an agent for another person or entity),
you agree, for yourself and, if acting as an agent,
on behalf of your principal, to be bound by the
terms and conditions of this Registration Agreement
2.1 with respect to all SLD names registered with
us, including those SLD names previously registered
with us under prior versions of our Registration
Agreement.
To complete the
registration process, you must read and agree to be
bound by all terms and conditions of this Agreement,
the accompanying fee schedule and dispute policy,
and any rules or policies of general applicability
that are or may be posted by us on our website from
time to time. You acknowledge that we may modify
this Agreement to the extent necessary to comply
with applicable law or the ICANN Agreement, any
ICANN Consensus Policy or code of conduct or other
policies adopted or requirements imposed by ICANN or
the administrator of the Registry, currently Network
Solutions, Inc. (the "Registry
Administrator"), as in effect from time to time
(collectively referred to as "ICANN/Registry
Policy").
1. Fees.
As consideration
for the SLD name registration services provided by
us, you agree to pay all initial registration fees
and applicable renewal fees with respect to each SLD
name registered in US Dollars at the time of
registration or renewal. If you do not pay any
initial fees or renewal fees when due or your credit
card charge is not accepted for any reason within
three (3) business days after any initial fee is due
or within ten business days after any renewal fee is
due, or in the event of any chargeback of any
payment at any time, we will have the right to
immediately cancel all SLD names for which payment
was not received, without further notice. In the
case of renewals, we will send an e-mail to the
address of the billing contact then set forth in the
WhoIS directory with respect to the SLD name
eligible for renewal, and it shall be your
responsibility to ensure that all such fees are paid
prior to the expiration of the term of registration
of each SLD name you wish to renew. You agree that
we shall have no liability whatsoever with respect
to any such cancellation. We reserve the right to
adjust our registration and renewal fees
prospectively upon fifteen (15) calendar days prior
notice.
2. Term;
Registration Period.
The term of this
Agreement, as in effect from time to time, will
extend through and continue in force at any time
during which you have any SLD name registered
through us. At your discretion, we will register
each SLD name for a period of one (1) to ten (10)
years from the initial registration date or, if
applicable, the previous registration date for such
SLD name.
3. SLD Name Dispute
Policy.
You agree to be
bound by our
Domain Name Dispute Policy ("Dispute
Policy") which is incorporated into this
Agreement by reference, as in effect from time to
time. The Dispute Policy can be found at http://www.bulkregister.com/disputepolicy.phtml.
Any disputes regarding the right to use your SLD
name will be subject to the Dispute Policy. We may
modify the Dispute Policy in our sole discretion at
any time in accordance with the ICANN Agreement or
any ICANN/Registry Policy. Your continued use of our
registration services after modification to the
Dispute Policy becomes effective constitutes your
acceptance of those modifications. If you do not
agree to such a modification, you may request that
your SLD name be cancelled or transferred to another
registrar. You agree that you will be subject to the
provisions specified in the Dispute Policy in effect
at the time your SLD name is challenged by a third
party, including but not limited to (i) any
applicable restrictions on your ability to change
registrars with respect to an SLD name subject to a
dispute or to transfer an SLD name subject to a
dispute to a new holder; and (ii) our ability to
cancel any such transfers while a dispute is
pending. While any dispute or litigation is pending,
we may not allow you to make changes to such SLD
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 SLD 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 SLD name registration services, we
may deposit control of your SLD name record into the
registry of the judicial body by supplying a party
with a registrar certificate from us. No refunds
will be provided for names deleted or transferred
pursuant to this section. You agree that at such
time as we receive a properly authenticated order
from a court of competent jurisdiction, or
arbitration award, requiring the cancellation,
suspension, transfer or modification of any SLD name
registration, we shall have the right in our sole
discretion to cancel, suspend (e.g. registrar lock
or hold), transfer or otherwise modify any SLD name
registration(s).
4. Registration
Data.
4.1. Provision of
Registration Data. As part of the registration
process, you are required to provide us with certain
information and to update this information to keep
it current, complete and accurate. This information
includes (i) your full name, postal address, e-mail
address, voice telephone number, and fax number if
available; (ii) the name of an authorized person for
contact purposes in the case of a registrant that is
an organization, association, or corporation; (iii)
the IP addresses of the primary nameserver and any
secondary nameserver(s) for the SLD name; (iv) the
corresponding names of those nameservers; (v) the
full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
technical contact for the SLD name; (vi) the full
name, postal address, e-mail address, voice
telephone number, and fax number if available of the
administrative contact for the SLD name; (vii) the
name, postal address, e-mail address, voice
telephone number, and fax number if available of the
billing contact for the SLD name; and (viii) any
remark concerning the registered SLD name that
should appear in the Whois directory. You agree and
understand that the foregoing registration data will
be publicly available and accessible on the Whois
directory as required by ICANN/Registry Policy and
may be sold in bulk in accordance with the ICANN
Agreement.
4.2. Inaccurate or
Unreliable Data. Your willful provision of
inaccurate or unreliable information, your willful
failure promptly to update information provided to
us, or any failure to respond for over five calendar
days to our inquiries addressed to the e-mail
address of the administrative, billing or technical
contact then appearing in the Whois directory with
respect to an SLD name concerning the accuracy of
contact details associated with any registration(s)
or the registration of any SLD name(s) registered by
or through you or your account, shall constitute a
breach of this Agreement. Any information collected
by us concerning an identified or identifiable
natural person ("Personal Data") will be
used in connection with the registration of your SLD
name(s) and for the purposes of this Agreement and
as required or permitted by the ICANN Agreement or
any ICANN/Registry Policy.
4.3. Use of
Registration Data. You acknowledge that we will make
some of the information that you provide during the
registration process publicly available as required
by ICANN. Additionally, you acknowledge that ICANN
or the Registry may impose 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. You may request a
copy of your information in our possession to
review, modify or update such information by
contacting us by e-mail at support@bulkregister.com.
We agree that we will not process any Personal Data
collected from you, if any, in a way that is
incompatible with the purposes and other limitations
set forth in this Agreement. We agree that we will
take reasonable precautions to protect Personal Data
collected, if any, from loss, misuse, unauthorized
access or disclosure, alteration or destruction.
4.4. Disclosure of
Use of Data. If you engage in the reselling of SLD
name(s), you covenant, represent and warrant that
you have provided, or will provide, to any third
party individuals whose Personal Data you have
obtained, the same information about use of those
details as are set out in this Section 4 or as may
be reasonably required by us pursuant to any ICANN/Registry
Policy now or hereafter adopted, and that the third
parties individually have consented, or will
consent, to use of their personal data.
5. License of SLD
Names.
If you license use
of an SLD name to a third party, you remain the
holder of record, and you acknowledge that you
remain responsible for providing and updating your
own full contact information and for providing and
updating accurate technical, administrative, and
billing contact and other information in accordance
with this Agreement. If you license use of an SLD
name, you shall accept liability for harm caused by
wrongful use of the SLD name, unless you promptly
disclose the identity of the licensee to the party
providing you reasonable evidence of actionable
harm.
6. Change of SLD
Holder; Reselling Activities. The provisions of this
Section 6 shall apply to you unless you have entered
into a separate Registration Services Agreement, in
which case the Registration Services Agreement shall
apply to you.
6.1. Change of SLD
Holder Procedure. If you transfer any SLD name, you
agree to abide by the policies and procedures
relating to transfer of SLD names as may be adopted
by us and as in effect from time to time, which
policies and procedures may require, among other
things, the submission of hard-copy record of
transfer of ownership, the submission of information
concerning the transferor and transferee and the
transfer, including but not limited to the
information described in Section 4 of this Agreement
with respect to the transferee, and may impose
reasonable information collection and recordkeeping
obligations on you. Such policy and procedure may
require you upon such transfer to relinquish all
control over the SLD name transferred.
6.2. Required and
Prohibited Reselling Practices. You agree to inform
any person or entity registering an SLD name with us
through you or your account (each your
"Customer" and collectively, your
"Customers") that they are registering
their SLD name through us, an ICANN accredited
registrar. You shall not represent, directly or by
implication, that you are a registrar or have direct
or superior access to the Registry or that you are a
registrar or accredited or otherwise affiliated with
ICANN, and you agree not to employ or display the
ICANN mark or logo on your web site or any materials
used by you in your business.
6.3. Recordkeeping
Requirements. You agree to obtain evidence of each
Customer's assent to the then current Registration
Agreement electronically (e.g. by "click")
or by hardcopy signature, and to retain for a period
of three (3) years evidence of such assent. You may
require Customers using your services to agree to
additional terms and conditions, provided that such
terms and conditions do not conflict in any manner
with the provisions of the Registration Agreement or
any ICANN Policy.
6.4. Customer
Support; Registration Data and Updating
Requirements. You agree to provide adequate customer
service, billing and technical support for your
Customers, and to make modifications and updates to
registration data relating to your Customers' SLD
names so that our database contains accurate,
current and reliable registration data with respect
to your Customers' SLD names. You understand and
acknowledge that your failure to make any
modifications to any information with respect to
your Customer's SLD name(s) in accordance with the
written instructions of such Customer(s) within ten
(10) business days after delivery of such written
instructions, or the making of any modifications to
any Customer's registration data which have not been
authorized by such Customer in writing or by e-mail,
shall constitute a breach of this Agreement. You
agree to retain copies of all communications and
other correspondence between you and Customer
relating to the registration of SLD names with us
and to provide us with the same upon request. Your
willful provision of inaccurate or unreliable
information concerning your Customer's SLD name(s),
or your willful failure to promptly update or
correct your Customer's registration data, or your
failure to respond to our or any of your Customer's
inquiries or requests concerning the accuracy or
content of any registration data for over ten (10)
business days shall constitute a breach of this
Agreement.
7. Policies
Regarding Use of Our Services.
7.1. Suspension,
Cancellation or Transfer of SLD Name. You agree that
your ability to use our registration services is
subject to termination or suspension, and your
ability to register or modify any particular SLD
name is subject to suspension, cancellation, or
transfer (i) at any time pursuant to any ICANN/Registry
Policy now in effect or hereafter adopted, (ii) to
correct mistakes by us, another accredited registrar
or the Registry in registering SLD name(s),
including but not limited to the correction of
erroneous or inadvertent deletions of SLD names, or
in connection with the resolution of disputes in
accordance with the Dispute Policy, or (iii) in the
event of any breach of any representation, warranty,
agreement or other provision of this Agreement, upon
e-mail notice of such breach and the expiration of a
fifteen (15) calendar day cure period.
7.2. Limitations on
Use of Services. You agree not to use our services
or website or permit any person or entity through
you to use our services or website for (i) the
transmission of unsolicited, commercial e-mail (spam);
or (ii) high volume, automated, electronic processes
that apply to the Registry for large numbers of SLD
names, except as reasonably necessary to register
SLD names or modify existing registrations; or (iii)
high volume, automated, electronic, repetitive
queries except as reasonably necessary to register
SLD names or modify existing registrations.
8. Use of Agents.
You agree that, if your agent (e.g., an Internet
Service Provider, employee, etc.) purchased our
service(s) on your behalf, you are nonetheless bound
as a principal by all terms and conditions herein,
including the Dispute Policy. Your continued use of
our services shall ratify any unauthorized actions
of your agent. By acting on your behalf, your agent
certifies that he, she or it is authorized to apply
for our services on your behalf, that he, she or it
is authorized to bind you to the terms and
conditions of this Agreement and that he, she or it
has apprised you of the terms and conditions of this
Agreement. In addition, you are responsible for any
errors made by your agent. We will not refund fees
paid by you or your agent on your behalf for any
reason, including, but not limited to, in the event
that your agent fails to comply with the terms and
conditions of this Agreement, your agent incorrectly
provides information in the application process or
if your agent changes or otherwise modifies your SLD
name record incorrectly.
9. SLD Name
Transfers Between Sponsoring Registrars. You agree
that you may change sponsoring registrars for any
existing SLD name only in accordance with ICANN/Registry
Policy and further agree that you may not change
sponsoring registrars with respect to any SLD name
for a period of sixty (60) calendar days after
registration of such SLD name with us. In connection
with any transfer by you of SLD name(s) from one
registrar (the "Losing Registrar") to us:
9.1. You represent
and warrant that (i) you are either the SLD Holder,
the administrative contact or the technical contact
with respect to the SLD name(s) being transferred;
and (ii) if transferring an SLD name on behalf of a
Customer, you have been granted the authority by
such Customer to effect each such transfer.
9.2. To initiate a
transfer of sponsoring registrars from a Losing
Registrar to us, you shall notify us of the SLD
name(s) you wish to transfer to us and we will, upon
receipt of such transfer request, forward to you a
Confirmation of Transfer. You agree to confirm the
accuracy of the Confirmation of Transfer and assent
to the Confirmation of Transfer before being
permitted to continue.
9.3. We will effect
the proposed transfer of sponsoring registrars from
the Losing Registrar only after the following
conditions have been met:
(i) We have
received evidence of your assent to the Confirmation
of Transfer and all transfer fees associated with
the transfer(s) have been paid in full; and
(ii) If the
transfer involves an SLD name held by an SLD Holder
other than you and we have notified such SLD Holder
via the Administrative Contact of the proposed
transfer and provided such Administrative Contact
with a period of time to confirm or object to such
transfer, not to exceed 10 business days, such
waiting period shall have expired or the express
consent of such Administrative Contact shall have
been obtained.
9.4. You agree and
understand that we will effect the registration
using the registration data on file with the Losing
Registrar immediately prior to transfer, and
understand that we may, at our discretion, limit
your ability to make post-transfer changes to
registration data for a reasonable period of time
following transfer, not to exceed 15 business days.
9.5. When we make a
request to the Losing Registrar (via the Registry)
to transfer an SLD name registration to us from the
Losing Registrar, you agree to pay us the applicable
fee(s) as then in effect with respect to such
transfer and agree to comply with the NSI Change in
Registrar Policy.
10. LIMITATION OF
LIABILITY; DISCLAIMER OF WARRANTIES.
10.1. LIMITATION OF
LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR
DUE TO (a) ANY ACT OR OMISSION OF YOU OR YOUR AGENT
(WHETHER AUTHORIZED OR UNATHORIZED) (a) ANY LOSS OF
REGISTRATION OF ANY SLD NAME, (b) THE USE OF YOUR
SLD NAME OR PASSWORD, (c) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO OUR REGISTRATION SYSTEM; (d) THE
NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND
US; (e) EVENTS BEYOND OUR CONTROL; (f) THE
PROCESSING OF ANY SLD NAME REGISTRATION; (g) THE
PROCESSING OF ANY MODIFICATION TO THE RECORD
ASSOCIATED WITH YOUR SLD NAME, (h) THE FAILURE OF
YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i)
THE APPLICATION OF THE DISPUTE POLICY. FURTHER, WE
WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU TO US FOR REGISTRATION OF THE SLD
NAME IN CONTROVERSY DURING THE PRIOR ONE (1) YEAR
PERIOD. TO THE EXTENT APPLICABLE STATE LAW DOES NOT
ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
10.2 DISCLAIMER OF
WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL
CONTENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
OUR SOFTWARE OR WEBSITE WILL MEET YOUR REQUIREMENTS
OR THAT THE OPERATION OF OUR SOFTWARE OR WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS
IN THE SOFTWARE OR WEBSITE WILL BE CORRECTED. WE DO
NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF OUR SOFTWARE OR WEBSITE OR
RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE.
11. Indemnity.
You agree to
defend, indemnify and hold us harmless and any
applicable SLD name registry, including Network
Solutions, Inc., and the shareholders, directors,
officers, employees, affiliates and agents of us and
them, from and against any loss, damages or costs,
including reasonable attorneys' fees, resulting from
any claim, action, proceeding, suit or demand
arising out of or related to (i) any SLD name
registered by you or the transfer or use thereof,
(ii) any dispute concerning an SLD name, (iii) your
breach (or the breach by any of your officers,
agents, employees or other representatives) of any
agreement contained in this Agreement, or (iv) any
cancellation, suspension (e.g. registrar lock or
hold) or transfer of any SLD name in accordance with
this Agreement. This indemnification is in addition
to any indemnification required under the Dispute
Policy.
12. Representations
and Warranties.
You represent and
warrant that all information provided by you in
connection with your registration is complete and
accurate. You represent and warrant each time you
register an SLD name that, to the best of your
knowledge and belief, neither the registration of
the SLD name nor the manner in which it is directly
or indirectly used infringes the legal rights of a
third party. In applying for an SLD name, you
represent and warrant that the registration is not
made in bad faith and that the name does not
conflict with another SLD name. We make no
representation or warranties of any kind in
connection with this Agreement. Specifically but
without limitation, we do not represent or warrant
that registration of your SLD name will immunize you
from challenges to your SLD name. We are not bound
by nor should you rely on any representation or
warranty made by any agent, representative or
employee of any third party that you may use to
apply for our services.
13. Breach and
Revocation; Notice of Cancellation, Etc.
Except as otherwise
specified in this Agreement, any breach by you of
this Agreement or the Dispute Policy must be
remedied by you within five (5) business days
following e-mail notice by us to you. Such notice
shall be deemed delivered when sent to the e-mail
address then on record for your administrative
contact in the Whois directory. If you fail to cure
the breach within such cure period, we may terminate
this Agreement, cancel your registration of the SLD
name(s), transfer such SLD names to another person
or entity and/or seek any remedy available at law or
in equity including but not limited to obtaining an
injunction or specific performance. Our remedies
shall not be deemed exclusive and effecting any one
or more of the foregoing remedies shall not be
deemed an election of remedies. Except as otherwise
specified in this Agreement, notice of revocations,
suspensions, transfers, or cancellations of your SLD
name(s) by us pursuant to this section will be
provided to you within five (5) business days
following the taking of such action.
14. Cancellation
During Preliminary 30 Day Period; Right of Refusal
to Register.
Pursuant to ICANN/NSI
Registry Policy, we reserve the right to refuse to
register any SLD name(s), or to cancel, transfer or
suspend any SLD name(s) registered with us within
the first thirty (30) calendar days following
receipt of your payment for such registration(s). In
the event we do not register an SLD name or we
cancel or transfer an SLD name within such thirty
(30) calendar day period, we agree to refund any
applicable fee(s) with respect to such SLD name
which you have paid to us. You agree that we shall
not be liable to you for loss or damages that may
result from our refusal to register any SLD name(s)
or the cancellation or transfer of any SLD name(s).
15. Governing Law;
Jurisdiction; Waiver of Trial by Jury.
THIS AGREEMENT AND
ALL RIGHTS HEREUNDER SHALL BE GOVERNED BY THE
INTERNAL LAWS OF THE STATE OF MARYLAND, WITHOUT
REGARD TO SUCH STATE'S POLICIES RELATING TO CONFLICT
OF LAWS. ANY ACTION RELATING TO OR ARISING OUT OF
THIS AGREEMENT OR TO YOUR OR YOUR AGENT'S USE OF OUR
SERVICES SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS
OF MARYLTHE DISTRICT OF MARYLAND (NORTHERN DIVISION)
LOCATED IN BALTIMORE, MARYLAND. FOR THE ADJUDICATION
OF DISPUTES CONCERNING OR ARISING FROM THIS
AGREEMENT OR THE USE OF ANY SLD NAME(S), YOU AGREE
TO SUBMIT, WITHOUT PREJUDICE TO OTHER POTENTIALLY
APPLICABLE JURISDICTIONS, TO THE JURISDICTION OF THE
COURTS (I) OF YOUR DOMICILE, AND (II) OF MARYLAND,
USA, OR THE U.S. DISTRICT COURT FOR THE DISTRICT OF
MARYLAND (NORTHERN DIVISION) LOCATED IN BALTIMORE,
MARYLAND. YOU WAIVE THE RIGHT TO TRIAL BY JURY IN
ANY SUCH PROCEEDING.
16. Notices.
Except as otherwise
specifically stated herein, you agree that all
notices from us to you shall be delivered by posting
such notices on our website and shall be deemed
delivered and effective fifteen (15) calendar days
after such posting. Notices from you to us shall be
by e-mail to our appropriate e-mail address as
specified on our website, and shall be deemed
delivered when received by e-mail, or notices shall
be in writing by first class mail to
BulkRegister.com, Inc., 7 East Redwood Street,
Baltimore, MD 21202, and shall be deemed delivered
five days after deposit in the U.S. mail. The
foregoing notwithstanding, you understand and agree
that any e-mails received by us from any e-mail
address provided to us or set forth as a contact
address (whether billing, technical or
administrative) with respect to your SLD name shall
be deemed to have been sent by you or your duly
authorized agent having the actual and apparent
authority to act to bind you. We intend to rely on
any such correspondence.
17. General.
This Agreement, our fee schedule and the
Dispute Policy, together with all amendments or modifications to any
of them, constitute the complete and exclusive agreement between you
and us, and supersede and govern all prior or concurrent proposals,
agreements, or other communications. Nothing contained in this
Agreement shall be construed as creating any agency, partnership, or
other form of joint enterprise between you and us. Our failure to
require your performance of any provision hereof shall not affect
the right to require such performance thereafter; nor shall the
waiver by us of a breach of any provision hereof be taken or held to
be a waiver of the provision itself. In the event that any provision
of this Agreement is deemed unenforceable or invalid, such
unenforceability or invalidity shall not affect the remainder of
this Agreement, but such provision shall be automatically amended
and replaced with a provision that is valid and enforceable and
which achieves, to the extent possible, our original objectives and
intent as reflected in the original provision. No provision of this
Agreement, including our fee schedule and the Dispute Policy, may be
amended or modified by you except by means of a written document
signed by us. We may modify this Agreement at any time by posting
such modification(s) on our website. Such modifications will become
effective 15 calendar days after posting. Your continued use of our
registration services after such modification(s) become(s) effective
constitutes your acceptance of those modifications. If you do not
agree to such a modification, you may request that your SLD name(s)
be cancelled or transferred to another registrar. This Agreement
shall not confer any benefits upon any person or entity other than
you and BulkRegister.com, and shall not be construed to create any
obligation by BulkRegister.com to any non-party.