|
Customer Domain Registration Agreement
The following Terms of Service, Acceptable
Use Policy and accompanying policies (collectively the "TOS", “contract”
or the "Agreement") constitute a binding, legal agreement between Proaxxs
Web Solutions (“Proaxxs”, the "Company", “us” or "we") and the customer
(the "Customer" or "you") which shall govern the terms and conditions of
services provided by the Company. The Company agrees to provide services
to the Customer in accordance with the terms and conditions set forth in
the Agreement.
WHEREAS, Proaxxs is authorized to provide
Internet registration and management services for second-level domain
names within .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK,
.TRAVEL, .WS, .COOP, CentralNIC, .MOBI, .ASIA, .ME and .TEL top level
domains and .NAME Defensive Registrations and .NAME Mail Forwards;
WHEREAS, the Customer wishes to purchase
Registration and/or Management and/or Renewal and/or Transfer for .COM or
.NET or .ORG or .BIZ or .INFO or .NAME or .US or .IN or .EU or .UK or
.TRAVEL or .WS or .COOP or CentralNIC or .MOBI or .ASIA or .ME or .TEL top
level domains or .NAME Defensive Registrations or .NAME Mail Forwards
through Proaxxs;
NOW, THEREFORE, for and in consideration
of the mutual promises, benefits and covenants contained herein and for
other good and valuable consideration, the receipt, adequacy and
sufficiency of which are hereby acknowledged, Proaxxs and the Customer,
intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1) 'TLD' refers to .COM,
.NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP,
CentralNIC, .MOBI, .ASIA, .ME and .TEL
(2) 'gTLD' refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .TRAVEL, .COOP,
.MOBI, .ASIA and .TEL
(3) 'Domain Order' refers to an Order fulfilled by the Customer through
the Proaxxs under this Domain Registration Product Agreement Extension
(4) 'Registrant' refers to the registrant/owner of a Domain Order as in
the Database.
(5) 'Registrar' refers to the Registrar of a Domain Order as in the
Database and/or shown in the Whois Record;
(6) Registry Operator refers to the Organisation/Entity that maintains the
registry of a TLD of a Domain Order;
(7) 'Whois Record' refers to the collection of all data elements of the
Domain Order, specifically its Registrant Contact Information,
Administrative Contact Information, Technical Contact Information, Billing
Contact Information, Nameservers if any, its Creation and Expiry dates,
its Registrar and its current Status in the Registry;
2. OBLIGATIONS OF THE
CUSTOMER
(1) The Customer must
ensure that the Registrant of each Domain Order must agree to be bound by
the terms and conditions laid out by the Registrar of the Domain Name
during the term of the Domain Order. The Customer must familiarize himself
with such terms. The Customer acknowledges that the Registrar has various
rights and powers as mentioned in the Registrar's terms and conditions.
Proaxxs is not liable for any action taken by Registrar pursuant to the
Registrar's terms and conditions. The Customer acknowledges and agrees
that the Customer shall indemnify Proaxxs of, and shall be responsible for
any liability resulting from Registrants' noncompliance with such terms
and conditions.
(2) The Customer will not make any changes to any information associated
with the Domain Order without explicit authorization from the Registrant
of that Domain Order.
(3) The Customer must comply with all applicable terms and conditions,
standards, policies, procedures, and practices laid down by ICANN, the
Registrar and the Registry Operator.
3. RIGHTS OF COMPANY
Company and Service
Providers, in their sole discretion, expressly reserve the right to
freeze, delete, suspend, deny, cancel, modify, take ownership of or
transfer any Domain Order, in order to comply with any applicable Dispute
policies, requests of law enforcement, or in compliance with any Court
Orders, or if Company or Service Providers in their sole discretion
determine that the information associated with the Domain Order is
inaccurate, or has been tampered with, or has been modified without
authorization, or if Company or Service Providers in their sole discretion
determine that the Domain Order ownership should belong to another entity,
or if Customer/Customer/Registrant does not comply with any applicable
terms and conditions, standards, policies, procedures, and practices laid
down by Company, Service Providers, ICANN, the Registrar and the Registry
Operator. The Customer agrees that Company and Service Providers, and the
contractors, employees, directors, officers, representatives, agents and
affiliates, of Company and Service Providers, are not liable for loss or
damages that may result from any of the above.
4. SURVIVAL
In the event of termination
of this Product Agreement Extension for any reason, Sections 2 and 3 shall
survive
APPENDIX 'A'
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF
SERVICES
The Privacy Protection
Service hides the contact details of the actual owner from appearing in
the Whois Lookup Result of his domain name.
2. IMPLEMENTATION
DETAILS
(1) Customer acknowledges
and agrees that the contact information being displayed in the Whois of a
privacy protected Domain Order will be those designated by the Company,
and
(1) any mail received via
post at this Address would be rejected;
(2) any telephone call
received at this Telephone Number, would be greeted with an electronic
answering machine requesting the caller to email the email address listed
in the Whois of this privacy protected domain name;
(3) the sender of any email
to an email address listed in the Whois of this privacy protected domain
name, will get an automated response email asking them to visit the URL
http://www.privacyprotect.org/ to contact the Registrant, Administrative,
Billing or Technical Contact of a privacy protected domain name through an
online form. This message would be relayed as an email message via http://www.privacyprotect.org/
to the actual Registrant, Administrative, Billing or Technical Contact
email address in the Database.
(2) Customer agrees that we
can not guarantee delivery of messages to either the Registrant,
Administrative, Billing, Technical Contact, of a privacy protected Domain
Order, and that such message may not be delivered in time or at all, for
any reason whatsoever. Company and Service Providers disclaim any and all
liability associated with non-delivery of any messages relating to the
Domain Order and this service.
(3) Customer understands
that the Privacy Protection Service is only available for certain TLDs
(4) Irrespective of whether
Privacy Protection is enabled or not, Customers and Registrants are
required to fulfill their obligations of providing true and accurate
contact information as detailed in the Agreement
(5) Customer understands
and acknowledges that Company in its sole, unfettered discretion, can
discontinue providing Privacy Protection Services on the Order for any
purpose, including but not limited to -
(1) if Company receives any
abuse complaint for the privacy protected domain name, or
(2) pursuant to any
applicable laws, government rules or requirements, requests of law
enforcement agency, or
(3) for the resolution of
disputes concerning the domain name
(4) or any other reason
that Company in its sole discretion deems appropriate to switch off the
Privacy Protection Services
3. OBLIGATIONS OF CUSTOMER
Customer must ensure that
the Registrant of each Domain Order must also acknowledge and agree to be
bound by the following terms and conditions. The Customer acknowledges and
agrees that the Customer shall indemnify Company of, and shall be
responsible for any liability resulting from Customer's nondisclosure of
these terms to Registrant of Domain Order.
4. INDEMNITY
Customer and Registrant
agree to release, defend, indemnify and hold harmless Company, Service
Providers, PrivacyProtect.org, and their parent companies, subsidiaries,
affiliates, shareholders, agents, directors, officers and employees, from
and against any and all claims, demands, liabilities, losses, damages or
costs, including reasonable attorney's fees, arising out of or related in
any way to the Privacy Protection services provided hereunder.
|
