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Reseller 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, Company 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 Reseller intends to provide
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 Company;
WHEREAS, Company provides Domain Name
Privacy Protection Services for a select set of Top Level Domains
registered through Company;
WHEREAS, Reseller also intends to provide
Domain Name Privacy Protection Services to Customers through Company;
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, Company and the Reseller,
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 Reseller through the Company under this Domain
Registration Product Agreement Extension
(4) 'ICANN' is the Internet Corporation
for Assigned Names and Numbers
(5) 'Registrant' refers to the
registrant/owner of a Domain Order as in the OrderBox Database.
(6) 'Registrar' refers to the Registrar of
a Domain Order as in the OrderBox Database and/or shown in the Whois
Record;
(7) 'Registry Operator' refers to the
Organisation/Entity that maintains the registry of a TLD of a Domain
Order;
(8) '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 RESELLER
(1) The Reseller 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 Reseller must familiarize himself
with such terms. The Reseller acknowledges that the Registrar has various
rights and powers as mentioned in the Registrar's terms and conditions.
Company is not liable for any action taken by Registrar pursuant to the
Registrar's terms and conditions. The Reseller acknowledges and agrees
that the Reseller shall indemnify Company of, and shall be responsible for
any liability resulting from Registrants' noncompliance with such terms
and conditions.
(2) The Reseller 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 Reseller 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 Reseller/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 Reseller 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) Reseller 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 OrderBox
Database.
(2) Reseller agrees that we
can not guarantee delivery of messages to either the Registrant,
Administrative, Billing, Technical Contact, or Customer 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) Reseller 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) Reseller 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
5. INDEMNITY
Reseller will ensure that
Customer and Registrant agree to release, defend, indemnify and hold
harmless Company, Service Providers, PrivacyProtect.org, and their Company
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
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