| HOSTING AND DNR AGREEMENT This
Hosting and DNR Agreement (ìAgreementî) is
between the party placing the order for the
Services (as defined below) or on whose behalf
such order is placed by its authorized
representative (the ìCustomerî) and iLogics.
(ìLogicsî) and governs the hosting, related
internet connectivity and/or other services
(including, without limitation, domain name
registration services (ìDNR Servicesî))
(collectively, the ìServicesî) specified in the
service order form completed by or on behalf of
Customer in connection herewith (as the same may
be amended and supplemented from time to time by
the parties hereto, the ìService Orderî), which
Service Order is incorporated herein by this
reference.
1. iLogics shall provide the Services
as set
forth herein and Customer shall pay the fees for
the Services as specified on the Service Order.
Payment is due for the initial term of the
Services (as specified on the Service Order)
when Customer places the order, and payment is
due for each renewal term of the Services on the
date specified in the applicable renewal notice
from iLogics (each, the ìDue Dateî). Amounts
unpaid after the applicable Due Date shall
accrue interest at the lesser of 1.5% per month
and the maximum lawful rate (ìInterest Rateî).
iLogics reserves the right to suspend or terminate
Services to any account in payment default,
which suspension or termination (irrespective of
its cause) shall not relieve Customer of its
obligation to pay the fees for the Services.
iLogicsi refund policy can be found at
http://www.iLogics.com/support/view_article.cfm?doc_id=3630.
2. This Agreement shall be effective as
to the
parties hereto upon Customerís acceptance of the
terms hereof pursuant to the instructions set
forth in on-line Services ordering process (the
ìEffective Dateî) and shall continue to the
Expiration Date (as defined below). Unless (i)
earlier terminated in accordance with the terms
hereof, (ii) otherwise renewed for a specific
renewal term, (iii) other than with respect to
DNR Services, Customer has given iLogics written
notice of termination within 10 days following
the date of iLogicsi renewal notice regarding the
Services or (iv) iLogics has given Customer
written notice of termination, this Agreement
shall renew and continue in effect for a renewal
term equivalent in length to the term just ended
(unless otherwise requested in writing by
Customer) at iLogicsi then-current price for such
term length for the Services as set forth in the
applicable renewal notice from iLogics.
ìExpiration Dateî means the last day of the
service term !
for which any Services are ordered (as per the
applicable Service Order), with such service
term being measured for purposes of this
definition from the date iLogics first makes the
Services available for use by the Customer
(ìCommencement Dateî), as extended by any
renewal term. Any notice of termination must be
given to iLogics by providing the appropriate data
at iLogics 325 Kandus Cove China Spring, Texas
76633.
3. As part of the Services (other than
DNR
Services), Ilogics provides servers, the
associated operating system and other applicable
software, equipment used for Internet
connectivity and required space in a iLogics data
center (collectively, the ìEquipmentî). Ilogics
acts solely as a provider or ìresellerî of the
Equipment it uses to provide the Services, which
have been manufactured or otherwise provided by
a third party. Customerís sole remedies for any
malfunction or defect in the Equipment are the
Service Level Agreements described in Section 11
below. iLogics will perform the initial
configuration of the Equipment and such
maintenance and support Services as are
specified on the Service Order. iLogics will
occasionally perform maintenance services which
Customer acknowledges may require Equipment
downtime, and in such event iLogics will attempt
to provide prior notice of such downtime.
Customer shall supply (and shall cause its
third-party suppliers to provide) iLogics with su!
ch reasonable assistance as iLogics requires to
provide the Services. Customer is solely
responsible for all other services not specified
on the Service Order, which may include, without
limitation, the management, administration and
support of Customerís software and the software
that is part of the Equipment once it is
installed by iLogics. In addition, Customer
acknowledges and agrees that while iLogics may
perform certain backups as part of its internal
operations with respect to the Services, such
backups are not meant to be a complete disaster
recovery solution for Customer and, as such,
Customer is solely responsible for backup of its
software and data residing on the Equipment.
4. iLogics shall have no obligation to
provide
support and no liability for any interruption or
deficiency in the Services resulting from (a)
tampering or alteration of the Equipment by
persons not authorized, or in a manner not
explicitly required, by iLogics or (b) the
function or malfunction of hardware or software
not supplied by iLogics. Customer shall promptly
report all alterations to Equipment or software
initiated or implemented by persons not
explicitly required by iLogics and shall promptly
implement any corrective procedures required by
iLogics. iLogics exercises no control over, and
specifically rejects any responsibility for, the
content, accuracy or quality of information
passing or obtained through or resident on the
Equipment. Use of any information obtained via
the Equipment is strictly at Customerís own risk.
5. Customer and those using the Services
through Customer shall at all times comply with
the then-current version of iLogicsi Acceptable
Use Policy specified at www.ilogics.com (ìAUPî) ,
which is incorporated into and made a part of
this Agreement. iLogics may amend the AUP from
time to time, which amendments shall be
effective upon their posting at such website.
iLogics may take any of the preventative or
corrective actions specified in the AUP, up to
and including suspension of the Services or
termination of the Agreement, which suspension
or termination shall not relieve Customer of its
obligation to pay the fees for the Services.
Customer acknowledges and agrees that iLogics will
provision the Services hereunder subject to its
Privacy Policy, as amended from time to time, a
copy of which is available at www.ilogics.com.
Because iLogics acts only as a conduit for
transmission of data it is not subject to the
Health Insurance Portability and Accountability
Act (as per 65 FR 82476)!
, or Gramm-Leach-Bliley Act (as per 16 C.F.R.
ß314.2(d)); Customer is solely responsible for
complying with such statutes, rules and
regulations.
6. Customer shall indemnify, defend and
hold
harmless iLogics and its affiliates from and
against any claims, causes of action, losses,
damages, costs or expenses (collectively,
ìClaimsî) arising out of or relating to use by
or through Customer of the Services in any way,
including any breach of the AUP.
7. iLogics reserves the right to monitor
Customerís bandwidth and/or disk usage and to
utilize technology to limit such usage to
ordered amounts and/or to charge Customer for
any excessive usage. iLogics further reserves the
right to suspend access to Customer's website,
script or other application in the event iLogics
reasonably believes that such website, script or
other application is the cause of interruptions
in iLogics' ability to provide services to other
customers, which suspension or termination shall
not relieve Customer of its obligation to pay
the fees for the Services. In the event of any
such suspension, iLogics will notify Customer as
soon as practicable so that Customer may take
remedial action in order to regain access to its
website, script or other application. Customer
acknowledges and agrees that in an effort to
control spam (i) iLogics may utilize certain
technologies to block incoming and outgoing
email which iLogics determines, in its sole
discretion, may be spam, (ii) iLogics servers will not accept
connections from unsecured systems (including,
without limitation, open relays, open proxies,
open routers or any other system that has been
determined to be available for unauthorized
use), (iii) iLogics may, in its sole discretion,
reject connections from systems that use
dynamically assigned or residential IP
addresses, and (iv) iLogics may, in its sole
discretion, reject connections from any IP
address that does not have reverse DNS (a PTR
record).
8. SUBJECT TO SECTION 11 BELOW, ILOGICS
MAKES NO
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, WITH RESPECT TO THE SERVICES OR
EQUIPMENT; AND DISCLAIMS ANY WARRANTY OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS
FOR A PARTICULAR PURPOSE. iLogics shall not be
liable for any failure or delay in performance
due to circumstances beyond its reasonable
control, including, without limitation, acts of
God, earthquakes, labor disputes, changes in
law, regulation or government policy, riots,
war, fire, epidemics, acts or omissions of
vendors or suppliers, equipment failures,
transportation difficulties, or any other such
occurrences. Either party may terminate this
Agreement if the failure or delay of performance
caused by such event of force majeure continues
for a continuous period of 10 business days.
9. IN NO EVENT SHALL EITHER PARTY BE LIABLE
FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS,
REVENUE, DATA OR USE OF SERVICES BY CUSTOMER OR
ANY THIRD PARTY, WHETHER IN AN ACTION IN
CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL
THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBLITY OF SUCH DAMAGES. Notwithstanding
anything to the contrary stated in this
Agreement, Customerís sole remedies for any
Claims relating to the Services are set forth in
Section 11. In no event shall iLogicsi and its
affiliatesí aggregate, collective liability for
any Claims (including negligence or otherwise),
exceed the amount paid by Customer for the
Services during the 12-months preceding the date
the Claim occurred or arose.
10. Any Internet Protocol addresses (ìIP
Addressesî) assigned to Customer by iLogics in
connection with the Services (i) shall be used
only in connection with the Services and (ii)
will require iLogics to disclose certain Customer
contact information to the applicable registry
for Internet numbers. If for any reason
Customer discontinues use of the Services or
this Agreement terminates, Customerís right to
use the IP Addresses shall terminate. iLogics may
change the IP Addresses upon 30 daysí written
notice to Customer.
11. The Service Level Agreements (ìSLAsî),
if
any, for the Services, which are incorporated
into this Agreement and include commitments with
respect to certain availability of the Services,
are set forth at www.ilogics.com and
set forth Customerís sole and exclusive remedies
for Claims relating to the Services.
12. Customer 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 iLogics or third parties utilized
in connection with the Services (collectively,
ìLogics Intellectual Propertyî) are vested in
iLogics and/or in iLogicsi licensors. Unless
otherwise specifically provided in this
Agreement, Customer shall have no right, title,
claims or interest in or to the iLogics
Intellectual Property. Customer may not copy,
modify or translate the iLogics Intellectual
Property or related documentation, or decompile,
disassemble or reverse engineer the iLogics
Intellectual Property, to use it other than in
connection with the Services, or grant any other
person or entity the right to do so. Ilogics may
not use Customerís name, trademarks, trade names
or other proprietary identifying symbols without
the prior written consent of Customer, except
that, unless otherwise specif!
ied on the Service Order iLogics may use
Customer's name on a list of sample customers
for marketing purposes.
13. This Agreement shall be binding upon
and
inure to the benefit of Customer, iLogics and
iLogicsi successors and assigns. Customer may not
assign this Agreement without the prior written
consent of Ilogics, which consent will not be
unreasonably withheld or delayed.
14. The validity, interpretation,
enforceability and performance of this agreement
shall be governed by and construed in accordance
with the laws of the State of Texas, without
regard to conflicts or choice of laws.
15. This Agreement may not be amended
by
Customer except upon the written consent of
Customer and an officer of iLogics. Customer
agrees that (i) this Agreement may be amended by
iLogics from time to time and (ii) any such
amendments will be binding and effective
immediately upon iLogicsi notification to
Customer via (i) an email to Customerís current
contact information in iLogicsi records or (ii)
via Customerís Control Panel for the Services,
if applicable. The continued use of any Services
shall constitute Customerís acceptance of any
such amendments. IF CUSTOMER DOES NOT ACCEPT
ANY SUCH AMENDMENTS, CUSTOMERíS SOLE REMEDY
SHALL BE TO REQUEST THAT THE AFFECTED SERVICES
BE DISCONTINUED, OR WITH REGARD TO DNR SERVICES,
THAT THE DOMAIN NAME REGISTRATION BE CANCELLED
OR TRANSFERRED TO A DIFFERENT DOMAIN NAME
REGISTRAR. In order to request the
discontinuance of affected Services, Customer
must (i) send a cancellation request to the
iLogics email cancellation address provided in Se!
ction 2 herein within 10 days of the date the
email is sent by iLogics or the date notification
is posted on Customerís Control Panel, and (ii)
pay all accrued but unpaid fees for the Services
rendered to the date of cancellation.
16. All notices from iLogics shall be
deemed
received by Customer when sent by iLogics to
Customerís current email contact on record or
posted on Customerís Control Panel. Customer is
solely responsible for ensuring that its contact
information is kept up-to-date.
17. Customer consents to iLogicsi activation
of
a default ìWelcome Pageî which may appear when
an Internet user requests Customerís registered
domain name or website. This Welcome Page
welcomes the user to Customerís temporary home
page and may link to iLogics websites, advertising
and/or Internet search tools. The Welcome Page
may appear unless and until Customer posts
Customerís own content or changes the Welcome
Page via the account's Control Panel.
18. This Agreement (including the Service
Order(s) to which it relates) supersedes all
previous and contemporaneous written and oral
representations, understandings or agreements
related to the Services set forth on the related
Service Order(s). The terms of this Agreement
shall control inconsistencies between this
Agreement and any Service Order. The rights and
obligations in this Agreement of the Parties
which would be, by their nature or content,
intended to survive the expiration or
termination of this Agreement shall so survive.
It is the explicit intention of the Parties that
there are no third-party beneficiaries to this
Agreement. No failure or delay on the part of
either party to exercise, any right or remedy
hereunder shall operate as a waiver thereof nor
shall any single or partial exercise of any
right or remedy hereunder preclude any other or
further exercise thereof or the exercise of any
other right or remedy granted hereby or by law.
No determination by !
a court of competent jurisdiction that any term
or provision of this Agreement is invalid or
otherwise unenforceable shall operate to
invalidate or render unenforceable any other
term or provision of this Agreement and all
remaining provisions shall be enforced in
accordance with their terms.
19. This Section contains additional terms
and
conditions that, together with the foregoing
provisions of this Agreement, govern Customerís
purchase and use of the DNR Services, if any,
that have been ordered by Customer on the
applicable Service Order.
DNR Services Terms
a. DNR Services. iLogics has selected
a third
party accredited registrar, Network Solutions
to provide domain name registration
services. Customer agrees that the following
terms relating to domain name registration
services (ìDNR Servicesî) constitute an
agreement not only between Customer and iLogics,
but also directly between Customer and Network
solutions. The term ìregisterî or ìregistration,î
as used
in this Agreement, shall be read to include any
initial registration, renewal or transfer of a
domain name.
b. Acceptance of Applications. iLogics
and
Network Solutions reserve the right to reject any domain
name registration application for any reason.
Customer agrees that neither iLogics nor Network Solutions
shall be liable for any loss or damage that may
result from such rejection. All fees are
non-refundable, in whole or part, even if
Customerís domain name registration is
suspended, cancelled or transferred prior to the
end of Customerís then current registration
term. iLogics reserves the right to change fees,
surcharges, renewal fees or to institute new
fees at any time, for any reason, at its sole
discretion. Customerís requested domain name
will not be registered until iLogics receives
actual payment of the initial registration fee,
and has confirmed Customerís registration in an
email from iLogics to the email address for the
Administrative Contact indicated in Customerës
registration application and/or or file.
c. Representations and Warranties. Customer
represents and warrants that (i) neither the
registration of the domain name nor the manner
in which it is directly or indirectly used shall
infringe the legal rights of any third party;
(ii) all information provided in connection with
any domain name registration is and shall remain
accurate; and (iii) that Customerís registration
and use of domain names will at all times be
consistent with all applicable laws.
d. Dispute Policy. Customer agrees to
be
bound by the current Dispute Policy ("Dispute
Policy") and the Dispute Policy procedures,
incorporated by reference herein, for any
dispute relating to a domain name registered
through iLogics. Customer understands that the
Dispute Policy may change from time to time and
agrees that maintaining the registration of a
domain name after such changes or modifications
to the Dispute Policy become effective
constitutes Customer's acceptance of these
changes or modifications. Without prejudice to
other potentially applicable jurisdictions,
Customer submits to the jurisdiction of the
courts as provided in the Dispute Policy. The
current version of the Dispute Policy may be
found at
http://www.melbourneit.com.au/policies/gtlddispute.php3,
together with the corresponding dispute
resolution procedures and rules ("Dispute
Rules"), which may be found at
http://www.melbourneit.com.au/policies/gtldrules.php3.
e. Fees and Payment. Customer agrees that
all payment obligations relating to any domain
name registration are exclusively between
Customer and iLogics, including all costs and fees
for moving or transferring such domain name.
Network Solutions shall not be liable for any refund or
other payment to Customer in connection with the
provision of registration services.
Customer will be notified when renewal fees
are due. iLogics will renew Customerís domain
name for Customer provided Customerís credit
card is available and up to date, unless
Customer instructs iLogics otherwise within the
time specified in the renewal notice sent by
iLogics. Any failure to follow all required
procedures shall be at Customerís sole risk.
f. Cancellation; Reinstatement. In the
event of a chargeback by a credit card company
(or similar action by another payment provider
allowed by iLogics) in connection with the
payments of the registration fees or renewal for
Customerís domain name registration, Customer
agrees and acknowledges that the domain name
registration shall be transferred to iLogics as
the paying entity for that registration to the
registry and that iLogics reserves all rights
regarding such domain name including, without
limitation, the right to make the domain name
available to other parties for purchase. iLogics
will reinstate Customerís domain name
registration solely at iLogicsi discretion, and
subject to the domain nameís availability,
iLogicsi receipt of the initial registration or
renewal fee, and iLogicsi then-current
reinstatement fee.
g. Required Information. As part of the
registration process, Customer will be required
to provide certain information, including
without limitation contact information such as
Customerís full name, postal address, email
address, telephone number and fax number, if
available ("Personal Information"). Customer
agrees to update this information promptly as
needed to keep it current, complete and
accurate, and to add such additional information
as iLogics or Network Solutions may reasonably require from
time to time. Customer may access Customerís
Personal Information and/or domain name
registration information to review, modify or
update such information through the domain name
management tools iLogics provides on Customerís
Control Panel.
CUSTOMER AGREES THAT CUSTOMERíS WILLFUL
PROVISION OF INACCURATE OR UNRELIABLE
INFORMATION, WILLFUL FAILURE PROMPTLY TO UPDATE
INFORMATION PROVIDED TO iLogics OR Network Solutions OR
FAILURE TO RESPOND FOR MORE THAN FIFTEEN (15)
CALENDAR DAYS TO INQUIRIES CONCERNING THE
ACCURACY OF CONTACT DETAILS ASSOCIATED WITH ANY
REGISTRATION SHALL CONSTITUTE A MATERIAL BREACH
JUSTIFYING CANCELLATION OF SUCH REGISTRATION.
h. Use of Personal Information. Customer
agrees and acknowledges that Network Solutions and iLogics
will share Personal Information with each other,
with the Internet Corporation for Assigned Names
and Numbers (ìICANNî), with registry
administrator(s), and with other third parties
as ICANN and applicable laws and/or policies may
require or permit. Customer further agrees and
acknowledges that iLogics and/or Network Solutions shall be
permitted (and in some cases may be required) to
make the Personal Information publicly
available, or directly available to third party
vendors, for purposes of inspection (such as
through WHOIS service), targeted marketing or
other purposes as required or permitted by ICANN
and applicable laws and/or policies. Customer
hereby elects not to have Personal Information
concerning its domain name registration
available in a bulk access database.
Each of iLogics and Network Solutions agrees that it will not
process data about any identified or
identifiable natural person that it obtains from
Customer in a way incompatible with the purposes
and other limitations described in this
agreement, and will take reasonable precautions
to protect the information it obtains from
Customer from loss, misuse, unauthorized access
or disclosure, alteration or destruction.
i. Third Party Information. In the event
that Customer provides information about a third
party in the course of any registration,
Customer hereby represents and warrants that
Customer has (i) provided notice to that third
party of the disclosure and use of the party's
information, and (ii) obtained that third
party's express consent to the disclosure and
use of that party's information as set forth
herein. If Customer is registering a domain name
for someone else, Customer represents and
warrants that Customer has the authority to bind
that person as a principal to all terms and
conditions herein, including the Dispute Policy.
If Customer licenses or otherwise permits third
parties to use the domain name, Customer will
remain the responsible contracting party
hereunder and the domain name holder of record,
and will be responsible for all obligations
under this agreement, including but not limited
to payment obligations, and providing (and
updating, as necessary) both Cust!
omerís own full contact information and
accurate technical, administrative, billing and
zone contact information adequate to facilitate
timely resolution of any problems that arise in
connection with the domain name and domain name
registration.
j. Changing Registrars. Under governing
ICANN policies, domain name registrations may
not be transferred to another registrar within
sixty (60) days of initial registration. In
addition, a transfer of a domain name
registration to another registrar will be
subject to the applicable registryís transfer
policies.
k. Change of Ownership. If Customer wishes
to transfer any domain name to another person or
entity, Customer may request ownership transfer
services by requesting a domain name ownership
transfer through links provided in the support
section of iLogicsi website at www.iLogics.com.
Customer acknowledges and agrees that as a
condition of any such transfer of ownership, the
entity to which the domain name is transferred
shall agree to be bound by all terms and
conditions herein, the Dispute Policy and its
accompanying rules and procedures, and all
then-current Network Solutions, ICANN, or iLogics policies
relating to domain name registration, including
payment of fees for the domain name registration
for a term of at least one year and other fees
assessed by iLogics.
l. Breach and Revocation. Each of iLogics
and
Network Solutions reserves the right to suspend, cancel,
transfer or modify any domain name registration
immediately: (i) in the event Customer breaches
any provision of this Agreement (including the
Dispute Policy); (ii) as required or permitted
by the Dispute Policy or any ICANN or registry
policy or procedure; (iii) to correct any errors
by Network Solutions, or any other registrar or the
registry administrator; (iv) in order to resolve
disputes concerning the domain name; or (v) in
response to an order from a court of competent
jurisdiction, or arbitration award.
m. Domain Name Registrar Transfers. If
Customer is transferring a domain name from a
different domain name registrar of record to
iLogics and Network Solutions, the following terms shall
apply: In making the transfer request, Customer
represents and warrants that: (i) Customer is
the rightful holder of the registration for the
domain name(s) to be transferred; (ii) Customer
is not in default with respect to any
obligations owed to the current registrar of
record; (iii) Customer is not the subject of any
pending bankruptcy proceeding; (iv) the domain
name(s) are not currently the subject of any
dispute or collection effort, including any
attachment, levy, lien, garnishment, escrow or
other proceedings; (v) Customer is legally
authorized to request the transfer; and (vi)
more than 60 days have passed since the domain
name(s) was registered, transferred to a new
registrar, or renewed. Customer agrees that
neither iLogics nor Network Solutions will have any
responsibility for any obligations owed to the !
current registrar of record for the domain
name(s) transferred, and Customer will be
responsible for any costs that iLogics or Network Solutions
may incur in resolving any claims brought by any
third party (including the current registrar of
record) relating to this transfer. Subject to
the disclaimer of liability below, Customer
hereby authorizes iLogics and Network Solutions to take all
actions reasonably necessary to transfer the
domain name(s), including contacting the current
registrar of record and the registry.
n. Domain Name Search Process. iLogics
endeavors to make the domain name availability
search process reliable; however, iLogics does not
guarantee availability of domain names or the
accuracy or security of the WHOIS system. The
registration process is not complete until the
domain name requested by Customer has been
registered in Customerís name with the
appropriate registry. Because there are delays
in the actual registration of a domain name with
the appropriate registry, iLogics is not
responsible if domain names requested by
Customer are actually registered to third
parties.
o. CO.UK Domain Names. If Customer has
applied to register a .CO.UK domain name,
Customer must also agree to NOMINET UKís terms
and conditions, currently posted at
http://www.nominet.org.uk/nominet-terms.html.
p. Disclaimer of Liability. To the extent
permitted by law, Customer agrees that neither
iLogics nor Network Solutions, nor any of their respective
suppliers or service providers, has any
liability to Customer for any loss Customer may
incur in connection with the processing of any
registration or the transfer thereof to another
registrar, or the processing of any authorized
modification to the domain name's record during
the covered period, or the failure by the
Customer's agent to pay either the registration
fee or renewal fee, or as a result of the
application of the provisions of the Dispute
Policy.
q. Indemnity. In addition to any
indemnification obligation that Customer may owe
to iLogics hereunder, Customer agrees to
indemnify, keep indemnified and hold Network Solutions and
any registry administrator, and their respective
directors, officers, employees and agents,
harmless from and against all and any and all
claims, damages, liabilities, costs and expenses
(including reasonable legal fees and expenses)
arising out of or relating to Customer's domain
name registration or to Customer's use of the
domain name.
CUSTOMER AGREES THAT THE DOMAIN NAME
REGISTRATION SERVICES ARE PROVIDED ON AN "AS
IS," "AS AVAILABLE" BASIS. iLogics, Network Solutions
AND
EACH OF THEIR RESPECTIVE SUPPLIERS AND SERVICE
PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. iLogics, Network Solutions AND
EACH OF THEIR RESPECTIVE SUPPLIERS AND SERVICE
PROVIDERS MAKE NO WARRANTY THAT THE DOMAIN NAME
REGISTRATION SERVICES WILL MEET CUSTOMERíS
REQUIREMENTS, OR THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DOES iLogics, Network Solutions OR ANY OF THEIR
RESPECTIVE SUPPLIERS OR SERVICE PROVIDERS MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE REGISTRATION
SERVICES. WITHOUT ANY LIMITATION TO THE
FOREGOING, iLogics, Network Solutions AND EACH OF THEIR
RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS MAKE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
THAT REGIST!
RATION OR USE OF A DOMAIN NAME UNDER THIS
AGREEMENT WILL PROTECT CUSTOMER EITHER FROM
CHALLENGES TO ANY DOMAIN NAME REGISTRATION OR
FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE
DOMAIN NAME REGISTERED TO CUSTOMER.
NEITHER iLogics, Network Solutions NOR ANY OF THEIR
RESPECTIVE SUPPLIERS OR SERVICE PROVIDERS WILL
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 ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES
THAT iLogicsi, Network SolutionsíS AND THEIR RESPECTIVE
SUPPLIERSí AND SERVICE PROVIDERSí ENTIRE
AGGREGATE LIABILITY, AND CUSTOMERíS EXCLUSIVE
REMEDY, WITH RESPECT TO ANY REGISTRATION
SERVICES PROVIDED UNDER THIS AGREEMENT AND ANY
BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO
THE AMOUNTS PAID FOR SUCH SERVICES. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO
THE EXTENT PERMITTED BY LAW.
iLogicsi and Network Solutionsís suppliers and service
providers are hereby named as express third
party beneficiaries with respect to any
limitations on liability, disclaimers,
indemnities, and other provisions that may limit
any obligation that might otherwise be owed to
Customer contained herein.
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