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This Registration Agreement ("Agreement") sets forth the
terms and conditions of your use of NetNoQ's ("NetNoQ.com")
domain name registration services to register an Internet domain name,
your registration of that domain name, as well as other NetNoQ' domain
name related services. In this Agreement "you" and
"your" refer to each customer and "we", "us"
and "our" refer to NetNoQ This Agreement explains our
obligations to you, and explains your obligations to us for various NetNoQ
services. By selecting our service(s) 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 NetNoQ service(s) or to cancel your NetNoQ service(s) (even if
we were not notified of such authorization), this Agreement covers such
service or actions. By using the service(s) provided by us under this
Agreement, you acknowledge that you have read and agree to be bound by all
terms and conditions of this Agreement, the Domain Name Dispute Policy and
any pertinent rules or policies that are or may be published by NetNoQ.
This Agreement will become effective when accepted by NetNoQ. We may elect
to accept or reject your domain name registration application for any
reason at its sole discretion, such rejection including, but not limited
to, rejection due to a request for registration of a prohibited domain
name.
1. Our Services
NetNoQ is a service partner of the Tucows network, of which Tucows is an
authorized domain reseller of an accredited registrar with the Internet
Corporation for Assigned Names and Numbers ("ICANN") for Top
Level Domain Names (TLDs), currently .com, .net and .org. ICANN oversees
registrations and other aspects of the TLDs. As an authorized domain name
reseller, Tucows is, upon accepting your domain name registration
application, your billing sponsor for that application. All domain name
registrations we register for TLDs are not effective until we have
delivered the domain name registration information you provide us to the
registry administrator for the TLDs, as applicable, and the registry
administrator puts into effect your domain name registration.
You agree and acknowledge that NetNoQ is not liable or responsible in
any way for any errors, omissions or any other actions by the registry
administrator arising out of or related to your application and receipt
of, or failure to receive, a domain name registration.
You further agree to indemnify, defend and hold harmless the registry
administrator and its directors, officers, employees, and agents from and
against any and all claims, damages, liabilities, costs, and expenses
(including any direct, indirect, incidental, special or consequential
damages and reasonable legal fees and expenses) arising out of, or related
to, your domain name registration.
2. What We Do Not Do
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 upon the 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 also 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 to indemnify us.
3. Fees
As consideration for the domain name registration services and/or other
services provided by NetNoQ to you, you agree to pay us, prior to the
effectiveness of the desired domain name registration, the applicable
service(s) fees for the initial registration of the domain name and,
should you choose to renew the registration, subsequent renewals of the
registration. All fees are non-refundable, for any reason after your
domain name is registered with the central registry, even if you are
forced to relinquish the domain name as a result of copyright or trademark
violation. However, we will refund the registration fees to you, in the
event that your registration is unsuccessful for any reason. As long as
the domain name is not registered, you will get your money back. We may in
our sole discretion exchange domains which are mis-spelled for the
correctly spelled version provided that we are notified within 24 hours of
the initial registration of the mis-spelled domain.
Your requested domain name will not be registered unless we receive
actual payment of the registration fee. As further consideration for the
NetNoQ service(s), 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").
In the event of a charge back by a credit card company (or similar
action by another payment provider allowed by us) in connection with the
payments of the registration fee for your domain name registration, you
agree and acknowledge that the domain name registration shall be
transferred to NetNoQ as the paying entity for that registration to the
registry. We will reinstate your domain name registration solely at our
discretion, and subject to our receipt of the initial registration or
renewal fee and our reinstatement fee, currently set at US$50.
You will be notified via an email message or via your account
information when renewal fees are due. Should these fees go unpaid within
the time specified in a second notice or reminder regarding renewal, your
registration will be cancelled. Payment must be made by credit card or
such other method as we may indicate in the registration application or
renewal form. We will renew your name for you provided your credit card or
other billing information is available and up to date, unless you instruct
us otherwise within the time specified. If your billing information is not
accurate and you wish to renew your domain name registration, we will
contact you to update this information and charge you accordingly.
4. Disclaimer and Domain Name Dispute Policy
If you request, reserved or registered a domain name through us, or
transferred a domain name to us from another registrar, you agree to be
bound by NetNoQ's current Domain Name Dispute Policy which can be found
at: http://www.icann.org/dndr/udrp/policy.htm. Certain disputes, as
specified in the Dispute Policy, are subject to that Policy. 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 your domain name registration is
disputed by the third party. You also agree that, in the event a domain
name dispute arises with any third party, you will indemnify and hold
NetNoQ harmless pursuant to the terms and conditions contained in the
Dispute Policy.
5. Modifications to the Domain Registration
Agreement and Dispute Policy
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 NetNoQ' web site, or on notification to you by e-mail.
You agree to review NetNoQs' 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 at
info@netnoq.com. Notice of your termination will be effective on
receipt and processing by us. You agree that, by continuing to use NetNoQ'
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. Your continued use of the domain name registered to you shall
constitute your acceptance of this Agreement and the Dispute Policy with
the new modifications. You acknowledge that if you do not agree to any of
such changes, you may request that your domain name registration be
cancelled or transferred to a different domain name registrar. You agree
that such cancellation or request for transfer will be your exclusive
remedy if you do not wish to abide by any changes to this Agreement or the
Dispute Policy.
6. Account Information and Its Use
a. Information You Are Required to Submit. As part of the
registration process, you are required to provide certain information and
to update this information promptly as needed to keep it current, complete
and accurate. The information you are obligated to provide in connection
with the domain name you are registering is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address, e-mail
address, voice telephone number, and where available, fax number; and
iii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the billing contact for the domain
name; and
iv. Valid payment information
You agree and acknowledge that when you renew your domain name
registration, the type of information you are required to provide may have
changed. If you do not wish to provide the new required information, your
registration may not be renewed.
All other information which we may request from you at registration is
voluntary. However, not providing the requested information may prevent
you from obtaining all products and services made available to domain name
registrants by us, other than registration of the domain name.
b. Additional Information Maintained About Your Registration. In
addition to the information you provide, we maintain records relating to
your domain name registration. These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration 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 domain name registration, including
dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary
nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the technical contact for the domain
name;
viii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the zone contact for the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding all
other activity between you and us and third parties relating to your
domain name registration and related services.
c. Your Obligations Relating to the Account Information. In the
event that, in registering the domain name, you are providing information
about or on behalf of a third party, you hereby represent that you have
(a) provided notice to that third party of the disclosure and use of that
party's information as set forth in this Agreement, and (b) that you have
obtained that third party's express consent to the disclosure and use of
that party's information as set forth in this Agreement. By registering a
name or applying for services you also represent that the statements in
its application are true and you also represent that the Domain Name is
not being registered for any unlawful purpose.
You acknowledge that willfully providing inaccurate information or
willfully failing to update information promptly will constitute a
material breach of this Agreement and will be sufficient basis for
cancellation of your domain name registration. You further agree that your
failure to respond for over ten (10) calendar days to inquiries by NetNoQ
concerning the accuracy of contact details associated with your
registration shall constitute a material breach of this Agreement and will
be sufficient basis for cancellation of your domain name registration.
d. Privacy Policy: Disclosure and Use of Registration Information.
You agree and acknowledge that NetNoQ will make available domain name
registration information you provide or that we otherwise maintain to
ICANN, to the registry administrator(s), and to other third parties as
ICANN and applicable laws may require or permit. You further agree and
acknowledge that NetNoQ may make publicly available, or directly available
to third party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as through our
"Whois" service) or for other purposes as required or permitted
by ICANN and applicable laws.
Additionally, you acknowledge that ICANN may establish guidelines,
limits and/or requirements that relate to the amount and type of
information that NetNoQ may or must make available to the public or to
private entities, and the manner in which such information is made
available.
You hereby consent to any and all such disclosures and use of, and
guidelines, limits and restrictions on disclosure or use of, information
provided by you in connection with the registration of a domain name
(including any updates to such information), whether during or after the
term of your registration of the domain name. You hereby irrevocably waive
any and all claims and causes of action you may have arising from such
disclosure or use of your domain name registration and other information
by NetNoQ.
You may access your domain name registration information in our
possession to review, modify or update such information, by accessing your
account at our web site (http://resellers.netnoq.com),
or via a similar service. In order to change any of your account
information with us, you must use your Account Identifier and Password
that were sent to you when you establish your account with us. Please
safeguard your Account Identifier and Password from any unauthorized use.
You agree that any person in possession of you Account Identifier and
Password will have the ability and your authorization to modify your
account information. In no event will we be liable for the unauthorized
use or misuse of your Account Identifier or Password. NetNoQ will take
reasonable precautions to protect the information it obtains from you from
our loss, misuse, unauthorized access or disclosure, alteration or
destruction of that information.
7. Ownership of Information and Data
You agree and acknowledge that NetNoQ owns the following information for
those registrations for which we have accepted: (a) the original creation
date of the registration, (b) the expiration date of the registration, (c)
the name, postal address, e-mail address, voice telephone number, and
where available fax number of all contacts for the domain name
registration, (d) any remarks concerning the registered domain name that
appear or should appear in the Whois or similar database, and (e) any
other information we generate or obtain in connection with the provision
of domain name registration services, other than the domain name being
registered, the IP addresses of the primary nameserver and any secondary
nameservers for the domain name, and the corresponding names of those
nameservers. NetNoQ does not have any ownership interest in your specific
personal registration information outside of its rights in our domain name
database.
8. Agents and Licenses
You agree that, if you are registering a domain name for or on behalf of
someone else, you represent that you have the authority to nonetheless
bind that person as a principal to all terms and conditions provided
herein, including the Dispute Policy.
You agree that if you license the use of the domain name registered to
you to a third party, you nonetheless remain the domain name holder of
record, and remain responsible for all obligations under this Agreement,
including but not limited to payment obligations, and providing (and
updating, as necessary) both your 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.
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 NetNoQ WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF
THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME
REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE
DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM
ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION
OR OTHER MODIFICATION; (7) EVENTS BEYOND OUR CONTROL; (8) THE PROCESSING
OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED
USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION
OF THE DISPUTE POLICY. NetNoQ ALSO 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.
11. Indemnity
You agree to release, indemnify, and hold NetNoQ, its contractors, agents,
employees, and affiliates harmless from all liabilities, claims and
expenses, including attorney's fees, of third parties relating to or
arising under this Agreement, the NetNoQ services provided hereunder or
your use of our services, including without limitation infringement by
you, or someone else using any of our service with your computer, of any
intellectual property or other proprietary right of any person or entity,
or from the violation of any NetNoQ operating rule or policy relating to
the service(s) provided. When NetNoQ is 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. This indemnification is in addition to any
indemnification required under the Dispute Policy.
12. Representations and Warranties
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE
REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR
INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER
REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION
WITH YOUR DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME
REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,
IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION
SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN
NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR
DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF
THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
OUR E-MAIL FORWARDING OR OTHER EMAIL 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. NetNoQ MAKES 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.
13. Breach and Revocation
NetNoQ reserves the right to suspend, cancel, transfer or modify your
domain name registration or suspend, cancel or modify other services we
provide in the event (a) you materially breach this Agreement (including
the Dispute Policy) and do not cure such breach within thirty (30) days of
notice by us, (b) you use the domain name registered to you to send
unsolicited commercial advertisements in contradiction to either
applicable laws or customary acceptable usage policies of the Internet,
(c) you use your domain name in connection with unlawful activity, or (d)
grounds arise for such suspension, cancellation, transfer or other
modification as provided for in this Agreement. You further acknowledge
and agree that your registration of a domain name is subject to
suspension, cancellation or transfer by any ICANN procedure, by any
registrar or registry administrator procedures approved by an ICANN-adopted
policy, (1) to correct mistakes by us, another registrar or the registry
administrator in administering the name or (2) for the resolution of
disputes concerning the domain name.
You also agree that we shall have the right in its sole discretion to
suspend, cancel, transfer or otherwise modify a domain name registration
upon seven (7) calendar days prior written notice, or at such time as we
receive a properly authenticated order from a court of competent
jurisdiction, or arbitration award, requiring the suspension, cancellation
transfer or modification of the domain name registration.
14. 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 service(s), or
to delete your domain name within five (5) 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 service(s), or we delete your
domain name or other service(s) within such five (5) 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
NetNoQ service(s).
15. Notices
You agree that any notices required to be given under this Agreement by
NetNoQ to you will be deemed to have been given if delivered in accordance
with the contact information you have provided.
16. Infancy
You attest that you are of legal age to enter into this Agreement.
17. General
This Agreement, our Disclaimer and the Dispute Policy, together with all
modifications, constitute the complete and exclusive agreement between you
and NetNoQ, and supersede and govern all prior proposals, agreements, or
other communications. Nothing contained in this Policy shall be construed
as creating any agency, partnership, or other form of joint enterprise
between the parties. The failure of NetNoQ to require your performance 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. In the event that any provision of this Policy shall be
unenforceable or invalid under any applicable law or be so held by
applicable court decision, such unenforceability or invalidity shall not
render this Policy unenforceable or invalid as a whole. NetNoQ will amend
or replace such provision with one that is valid and enforceable and which
achieves, to the extent possible, the original objectives and our intent
as reflected in the original provision. This Agreement, our Disclaimer and
the Dispute Policy may not be amended or modified by you except by means
of a written document signed by both you and an authorized representative
of NetNoQ.
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