Privacy
Policy
1. AGREEMENT. In this Service Agreement
("Agreement") "you" and "your" refer to
each customer, "we", us" and "our" refer to 101
Internet & Marketing and Services refers to the services provide by
us. This Agreement explains our obligations to you, and explains your
obligations to us for various Services. By selecting our Services you
have agreed to establish an account with us for such Services. When you
use your account or permit someone else to use it to purchase or otherwise
acquire access to additional Services or to cancel your Services (even
if we were not notified of such authorization), this Agreement covers
such service or actions. By using the Services under this Agreement, you
acknowledge that you have read and agree to be bound by all terms and
conditions of this Agreement and any pertinent rules or policies that
are or may be published by us.
2. SELECTION OF A DOMAIN NAME. We cannot
and do not check to see whether the domain name you select, or the use
you make of the domain name, infringes legal rights of others. We urge
you to investigate to see whether the domain name you select or its use
infringes legal rights of others, and in particular we suggest you seek
advice of competent counsel. You may wish to consider seeking one or more
trademark registrations in connection with your domain name. You should
be aware that there is the possibility we might be ordered by a court
to cancel, modify, or transfer your domain name. You should be aware that
if we are sued or threatened with lawsuit in connection with your domain
name, we may turn to you to hold us harmless and indemnify us.
3. FEES, PAYMENT AND TERM. As consideration
for the services you have selected, you agree to pay us the applicable
service(s) fees. All fees payable here under are nonrefundable unless
we provide otherwise. As further consideration for the Services, you agree
to: (1) provide certain current, complete and accurate information about
you as required by the registration process and (2) maintain and update
this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information ("Account
Information"). You hereby grant us the right to disclose to third
parties such Account Information. The Registrant, by completing and submitting
the Domain Name Registration Agreement ("Registration Agreement"),
represents that the statements in its application are true and that the
registration of the selected Domain Name, so far as the Registrant is
aware, does not interfere with or infringe upon the rights of any third
party. The Registrant also represents that the Domain Name is not being
registered for any unlawful purpose.
4. MODIFICATIONS TO AGREEMENT. You agree,
during the period of this Agreement, that we may: (1) revise the terms
and conditions of this Agreement; and (2) change the services provided
under this Agreement. Any such revision or change will be binding and
effective immediately on posting of the revised Agreement or change to
the service(s) on our web site, or on notification to you by e-mail or
regular mail as per the Notices section of this agreement, Section 20.
You agree to review our web site, including the Agreement, periodically
to be aware of any such revisions. If you do not agree with any revision
to the Agreement, you may terminate this Agreement at any time by providing
us with notice by e-mail or regular mail as per the Notices section of
this agreement, Section 20. Notice of your termination will be effective
on receipt and processing by us. You agree that, by continuing to use
the Services following notice of any revision to this Agreement or change
in service(s), you abide by any such revisions or changes. You further
agree that we, in our sole discretion, may modify our Dispute Policy at
any time. You agree that, by maintaining the reservation or registration
of your domain name after modifications to the Dispute Policy become effective,
you have agreed to these modifications. You acknowledge that if you do
not agree to any such modifications, you may request that your domain
name be deleted from the domain name database.
5. MODIFICATIONS TO YOUR ACCOUNT. In order
to change any of your account information with us, you must use your Account
Identifier and Password that you selected when you opened your account
with us. Please safeguard your Account Identifier and Password from any
unauthorized use. In no event will we be liable for the unauthorized use
or misuse of your Account Identifier or Password.
6. DOMAIN NAME DISPUTE POLICY. If you reserved
or registered a domain name through us, or transferred a domain name to
us from another registrar, you agree to be bound by our current Domain
Name Dispute Policy ("Dispute Policy") which is incorporated
herein and made a part of this Agreement by reference. The current version
of the Dispute Policy may be found at the Network Solutions web site.
Please take the time to familiarize yourself with such policy.
7. DOMAIN NAME DISPUTES. You agree that,
if the registration or reservation of your domain name is challenged by
a third party, you will be subject to the provisions specified in the
Dispute Policy in effect at the time of the dispute. You agree that in
the event a domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and conditions contained
in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction
of the courts of your domicile, the courts of the geographic location
indicated by your WHOIS information for your domain name, and the courts
of The United States of America.
8. AGENTS. You agree that, if an agent for
you (i.e., an Internet Service Provider, employee, etc.) purchased our
Services on your behalf, you are nonetheless bound as a principal by all
terms and conditions herein, including the Dispute Policy.
9. ANNOUNCEMENTS. We reserve the right to
distribute information to you that is pertinent to the quality or operation
of our services and those of our service partners. These announcements
will be predominately informative in nature and may include notices describing
changes, upgrades, new products or other information to add security or
to enhance your identity on the Internet.
10. LIMITATION OF LIABILITY. You agree that
our entire liability, and your exclusive remedy, with respect to any Services(s)
provided under this Agreement and any breach of this Agreement is solely
limited to the amount you paid for such Service(s). We and our contractors
shall not be liable for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any of the Services
or for the cost of procurement of substitute services. Because some states
do not allow the exclusion or limitation of liability for consequential
or incidental damages, in such states, our liability is limited to the
extent permitted by law. We disclaim any and all loss or liability resulting
from, but not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability resulting from data
non-delivery or data MIS-delivery; (3) loss or liability resulting from
acts of God; (4) loss or liability resulting from the unauthorized use
or misuse of your Account Identifier or Password; (5) loss or liability
resulting from errors, omissions, or misstatements in any and all information
or services(s) provided under this Agreement; (6) loss or liability resulting
from the development or interruption of your Web site or e-mail service.
The registrant agrees that we will not be liable for any loss of registration
and use of registrant's domain name, or for interruption of business,
or any indirect, special, incidental, or consequential damages of any
kind (including lost profits) regardless of the form of action whether
in contract, tort (including negligence), or otherwise, even if we have
been advised of the possibility of such damages. In no event shall our
maximum liability exceed one hundred ($100.00) dollars.
11. INDEMNITY. You agree to release, indemnify,
and hold us, our contractors, agents, employees, officers, directors and
affiliates harmless from all liabilities, claims and expenses, including
attorney's fees, of third parties relating to or arising under this Agreement,
the Services provided here under or your use of the Services, including
without limitation infringement by you, or someone else using the E-mail
Service with your computer, of any intellectual property or other proprietary
right of any person or entity, or from the violation of any of our operating
rules or policy relating to the service(s) provided. You also agree to
release, indemnify and hold us harmless pursuant to the terms and conditions
contained in the Dispute Policy. When we are threatened with suit by a
third party, we may seek written assurances from you concerning your promise
to indemnify us; your failure to provide those assurances may be considered
by us to be a breach of your Agreement and may result in deactivation
of your domain name.
12. BREACH. You agree that failure to abide
by any provision of this Agreement, any operating rule or policy or the
Dispute Policy provided by us, may be considered by us to be a material
breach and that we may provide a written notice, describing the breach,
to you. If within thirty (30) calendar days of the date of such notice,
you fail to provide evidence, which is reasonably satisfactory to us,
that you have not breached your obligations under the Agreement, then
we may delete the registration or reservation of your domain name or terminate
your e-mail account without further notice. Any such breach by you shall
not be deemed to be excused simply because we did not act earlier in response
to that, or any other breach by you.
13. NO GUARANTY. You agree that, by registration
or reservation of your chosen domain name, such registration or reservation
does not confer immunity from objection to either the registration, reservation,
or use of the domain name.
14. DISCLAIMER OF WARRANTIES. You agree
and warrant that the information that you provide to us to register or
reserve your domain name or register for other Services is, to the best
of your knowledge and belief, accurate and complete, and that any future
changes to this information will be provided to us in a timely manner
according to the modification procedures in place at that time. You agree
that your use of our Services is solely at your own risk. You agree that
such Service(s) is provided on an "as is," "as available"
basis. we expressly disclaims all warranties of any kind, whether express
or implied, including but not limited to the implied warranties of merchant
ability, fitness for a particular purpose and non-infringement. We make
no warranty that the Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure, or error free; nor do
we make any warranty as to the results that may be obtained from the use
of the Service(s) or as to the accuracy or reliability of any information
obtained through the our e-mail service or that defects in the Services
software will be corrected. You understand and agree that any material
and/or data downloaded or otherwise obtained through the use of the our
e-mail service is done at your own discretion and risk and that you will
be solely responsible for any damage to your computer system or loss of
data that results from the download of such material and/or data. We make
no warranty regarding any goods or services purchased or obtained through
the e-mail service or any transactions entered into through the e-mail
service. No advice or information, whether oral or written, obtained by
you from us or through the e-mail service shall create any warranty not
expressly made herein. Some jurisdictions do not allow the exclusion of
certain warranties, so some of the above exclusions may not apply to you.
15. REVOCATION. You agree that we may delete
your domain name or terminate your right to use other Services if the
information that you provided to register or reserve your domain name
or register for other Services, or subsequently to modify it, contains
false or misleading information, or conceals or omits any information
we would likely consider material to our decision to register or reserve
your domain name. You agree that we may, in our sole discretion, delete
or transfer your domain name at any time.
16. RIGHT OF REFUSAL. We, in our sole discretion,
reserve the right to refuse to register or reserve your chosen domain
name or register you for other Services, or to delete your domain name
within thirty (30) calendar days from receipt of your payment for such
services. In the event we do not register or reserve your domain name
or register you for other Services, or we delete your domain name or other
Services within such thirty (30) calendar day period, we agree to refund
your applicable fee(s). You agree that we shall not be liable to you for
loss or damages that may result from our refusal to register or reserve,
or delete your domain name or register you for other Services.
17. SEVERABILITY. You agree that the terms
of this Agreement are severable. If any term or provision is declared
invalid or unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original intentions
of the parties, and the remaining terms and provisions will remain in
full force and effect.
18. NON-AGENCY. Nothing contained in this
Agreement or the Dispute Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
19. NON-WAIVER. Our failure to require performance
by the Registrant of any provision hereof shall not affect the full right
to require such performance at any time thereafter; nor shall the waiver
by us of a breach of any provision hereof be taken or held to be a waiver
of the provision itself.
20. NOTICES. Any notice, direction or other
communication given under this Agreement shall be in writing and given
by sending it via e-mail or via regular mail. In the case of e-mail, valid
notice shall only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender, in the case
of notice to us to Domain Name Registration or, in the case of notice
to you, at the e-mail address provided by you in your Affiliate Program
application or as updated from time to time. Mail shall be sent to 101
Internet & Marketing 3120 Verde Ave Carlsbad CA 92009 and to you at
the mailing address provided in your registration application or as updated
from time to time. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if such
date is a business day and such delivery was made prior to 4:00 p.m. and
otherwise on the next business day. Any communication sent via regular
mail shall be deemed to have been validly and effectively given 5 business
days after the date of mailing.
21. ENTIRETY. You agree that this Agreement,
the rules and policies published us and the Dispute Policy are the complete
and exclusive agreement between you and us regarding our Services. This
Agreement and the Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
22. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED
BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE CANADIAN
GOVERNMENT AND THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA APPLICABLE
THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION
RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE PROVINCIAL COURTS LOCATED
IN BRITISH COLUMBIA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF
SUCH COURTS.
23. INFANCY. You attest that you are of
legal age to enter into this Agreement.
24. ACCEPTANCE OF AGREEMENT . YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS
|
|
