Domain Names Agreement
DOMAIN NAME SERVICES AGREEMENT
Please note that this agreement only applies to domains registered with us.
These are the terms and conditions that govern the registration of Internet domain names and domain name services provided by Netz Inc. (herein referred to as "Netz0"). When you submit a registration to Netz0, you are stating that you have read and understood these terms and conditions, and you agree to abide by them. Please read them carefully.
This Domain Name Registration Agreement ("Agreement") sets forth the terms and conditions of use of your domain name(s) registration and related services ("Domain Names"). In this Agreement "you" and "your" refers to you or any agent, employee, servant or person authorized to act on your behalf, and the registrant listed in the WHOIS contact information for the domain name.
"We", "us" and "our" refers to Netz0 as well as its subsidiaries and sister companies. This Agreement explains our obligations to you and explains your obligations to us for various Domain Names offered by Netz0 for the provision of Internet domain registrations and management. When you use your Account, or permit someone else to use it to purchase or otherwise acquire access to additional Netz0 services or products or to cancel your Netz0 services, even if we were not notified of such authorization, this Agreement covers such service or actions.
By using the Domain Names service, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the Uniform Dispute Resolution Policy (“UDRP”) described at https://www.icann.org/resources/pages/policy-2012-02-25-en, and the rules, policies, or agreements published in association with specifics of the Domain Names and/or which may be enforced by the Internet Corporation of Assigned Names and Numbers (“ICANN”), the registries, and governments.
2. CHANGES TO THIS AGREEMENT
This Agreement will change over time in response to changes in the requirements of governments and administrative bodies, legislation and changes in the nature of the domain industry. If, as a result of such a change to this Agreement, you no longer agree with its term, you agree that your exclusive remedy is to transfer your Domain Names to another company or request Netz0 to cancel your domain name registration and/or related services. Should you elect to cancel the Agreement with Netz0, you will not receive a refund for any fees you may have paid to Netz0.
If you continue to use the Domain Names following a change in this Agreement and/or other Netz0 services, your continued use of the Domain Names indicates your consent to the changes. Any such revision or change will be binding and effective within 30 days of when the revised Agreement is posted to Netz0’s website, or 15 days after a notification is sent to the e-mail address provided in association with your domain name registration. You agree to review this Agreement periodically to make yourself aware of any such revisions.
3. TERM OF THIS AGREEMENT
The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through Netz0 or as long as you are employing any Domain Names services. You agree that you will not transfer any domain name registered through Netz0 to another domain name registrar during the first sixty (60) calendar days from its initial registration date. You further agree that, due to ICANN's new rules, Netz0 is canceling the three (3) day grace period and will no longer offer refunds for any domain deletions on new registrations. All domain registrations are final.
You must create an Account to use any Domain Names services. Your Account is going to be managed and/or provided by Netz0. You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for access to and use of your Account by you or any third party.
You remain the responsible contracting party under this Domain Registration Agreement, even if you or the domain registrant licenses the use of the domain name to a third party.
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. You nonetheless also remain the domain name holder of the 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.
4.1 CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
A) You must provide certain current, complete and accurate information about you with respect to your Account information and with respect to the WHOIS information for your domain name(s). Within seven (7) days of any change to such information, you must update such information as needed to keep it current, complete and accurate. You must submit the following with respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other services: name, postal address, e-mail address, voice telephone number, and where available, fax number. The type of information you are required to provide may change depending on the domain extension and required documentation by the registry administrator and you must provide such information and keep your Account information current. Not providing the requested information may prevent you from obtaining all Domain Names services.
B) You may provide information regarding the nameservers assigned to your domain name(s) and if we are providing nameserver services to you, the DNS settings for the domain name. If you do not provide the complete name-server information, or if you purchase "Name Only" services, we may supply this information (and point your domain name to a website of our choosing) until you elect to supply the name-server information or until such time as you elect to upgrade from "Name Only" services.
C) If, in obtaining Domain Names services, you provide information about or on behalf of a third party, you represent and warrant that you have (a) provide notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) obtained the third party's express written consent to the disclosure and use of that party's information as set forth in this Agreement.
D) You represent and warrant that the statements in your application are true and that no Domain Names are being procured for any unlawful or abusive purpose, including but not limited to the infringement of any intellectual property right or other right; the distribution of malware; the abusive operation of botnets; phishing; fraudulent or deceptive practices; the unauthorized transfer to yourself or any other party of any domain name or services; counterfeiting; or any other activity in violation of any laws, rules, or regulations (the "Illegal Uses"). Providing inaccurate or unreliable information, failing to update information within seven (7) days of any change, engaging in any Illegal Uses, or failing to respond for over ten (10) days to inquiries by us concerning the accuracy of the Account and WHOIS contact information will constitute an incurable material breach of this Agreement and be a basis for suspension and/or cancellation of the Domain Names.
E) You are responsible for regularly monitoring messages sent to the email address in your Account. You may lose your rights to the domain name(s) or your right to receive the Domain Names if you do not respond appropriately and timely to an email sent in conjunction therewith.
4.2 ACCESSING YOUR ACCOUNT:
A) In order to change any of your Account or domain name WHOIS information, you must access your Account with us. It is your duty to safeguard your Account login identifier and password from any unauthorized use. Any person in possession of your Account login identifier and password will have both the ability and your authorization to modify your Account and domain name information, initiate transfers of your domain name(s) to other registrars, initiate registrant changes to your Domain Names which may terminate your rights to use such domain name(s), update DNS changes to your domain name(s) which may result in changes to the content associated with your domain name(s) and take other actions which may affect or terminate your rights and access to your domain name(s) and/or the Domain Names services.
B) We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and such reasonable precautions include procedures for releasing Account access information to parties who claim to have lost Account access information. If we take reasonable precautions in relation thereto, IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND IN SECTION 22 BELOW IN THIS AGREEMENT.
C) If you contact us alleging that a third party has unauthorized access to your Account or Domain Names, we may charge you administrative fees, currently set at thirty-five dollars (U$S 35) per hour, for our time spent in relation to the matter, regardless of whether or not we return control over the Account and/or domain name(s) to you. You will indemnify us for any reasonable attorneys' fees and costs we may incur in relation to the matter, even if those fees and costs accrue as a result of defending an action, or responding to a threat of an action, initiated by you or a third party.
5. WHOIS INFORMATION
We will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, any ICANN-authorized escrow service, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration or Domain Names services. You irrevocably waive any and all claims and causes of action you may have arisen from such disclosure or use of such information. We may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS database) or for targeted marketing and other purposes as required or permitted by applicable laws.
ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.
6. DOMAIN REGISTRATION SERVICES
We resell Domain Names from accredited registrars with the Internet Corporation for Assigned Names and Numbers ("ICANN"). Domain name registrations are not effective until the registry administrator puts them into effect. For a list of registry administrators and for more information on TLDs, see http://www.icann.org/tlds/. Domain name registrations are only for limited terms, terms which end on the expiration date. For Domain Names services which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry; for domain registrations which were not returned to the available namespace, the term begins on the date the previous registrant's domain name registration was acknowledged by the applicable registry.
You agree that we are 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 a request to register, renew, modify the settings for, or transfer of a domain name registration (our limitation of liability is explained further, below). You further agree that a domain name registration is a service, that the domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that the domain name registration services do not create a property interest.
7. NOT INCLUDED WITH DOMAIN NAMES
Without limitation, the following are not included in the Domain Names services: We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, or other of the services, infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select, or use, infringes legal rights of others. We might be ordered by a court to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your Account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. We will comply with court orders unless you contact us to contest the order.
You understand that unless stated in a specific service(s) or product, a domain registration only includes the proper registration and reservation on your behalf on the registry administrator and does not include any additional software or computer system. A domain registration does not come with additional services like website(s), hosting server(s), emails, or any other electronic and/or communication service(s).
8. USE OF FREE SERVICES
You agree that from time to time we may provide with free or low-cost domain name(s) services ("Promotional Name(s)"). If we do so, the services for the Promotional Name(s) will be placed in the same Account as your other domain name(s) and you will be listed as the registrant, though we may point the Promotional Name to IP address(es) of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and agree to the terms of this Agreement with respect to such Promotional Name(s). If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and we will be listed as the domain name registrant. For any domain name services, including these Promotional Names, for which you are listed as registrant but for which you do not paid the full registration or renewal fee, you agree that we may assign nameservers to the domain name and point the domain name to IP address(es) designated by us until the registration or renewal fee is paid.
9. EXPIRATION AND RENEWAL OF DOMAIN NAMES
Domain registrations are not automatically renewed; opt-in of auto-renewal is available in the client control panel. You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Domain Names services are set to expire. As a convenience to you, and not as a binding commitment, we and/or your registry may notify you via email when renewal fees are due. Should these fees go unpaid, your Domain Names services will expire or be canceled.
Payment must be made by credit card or such other method as we may allow or require from time to time. If you keep automatic renewal of the Domain Names services, we may attempt to renew your domain and services on a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may contact you to update this information in the event that an attempted transaction is not processed successfully.
10. AUTOMATIC RENEWAL
In order to help ensure that you do not experience an interruption or loss of services, we offer an automatic renewal option for most of our Domain Names services. When you select the automatic renewal option, we will automatically renew the applicable Domain Names services for a renewal period equal in time to the original service period. For example, if your original service period was for two years, your renewal period will be for two years. You must select the automatic renewal option at the time of your original purchase, or subsequently modify your Account settings to activate the automatic renewal option for applicable domains. Once you have selected the automatic renewal option, Netz0 will automatically renew the applicable domains on the auto-renewal date identified in the “Upcoming Domain Renewal Notice” email you will receive, and will take payment from the Payment Method you have on file with Netz0 at the then-current rates stated in the “Upcoming Domain Renewal Notice” for the Domain Names, which you acknowledge and agree may be higher or lower than the rates for the original service period.
Details on how to view and modify the automatic renewal settings for the Domain Names associated with your Account may be found within the Netz0 documentation at Auto Renew.
You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your Domain Names before they expire, you may experience an interruption or loss of services and Netz0 shall not be liable to you or any third party in connection with any such interruption or loss of services.
Netz0 may also participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). If you have selected the automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, Netz0 will automatically update your payment profile on your behalf. Netz0 makes no guarantees that we will request or receive updated credit card information.
You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (a) setting your renewal options and (b) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of services, and Netz0 shall not be liable to you or any third party in connection therewith.
11. AFTER EXPIRATION OF A DOMAIN NAME
Immediately after the expiration of the term of domain name registration services and before the deletion of the domain name in the applicable registry's database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
You agree that Netz0 will not be held liable for any domain name lost because it was not renewed at least one (1) day before its expiration date. Netz0 may provide a grace period for some extensions for a few days after the expiration of the term of the domain name registration services, you acknowledge that we may provide a procedure by which an expired domain name may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, called the " reactivation period." You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of a domain name to attempt to renew the domain name. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a reactivation period and that we shall not be liable therefore. You acknowledge that the reactivation period renewal processes, if any, may involve additional fees which we may determine like redemption or recovery fees. You also acknowledge and agree that we may make expired domain name services(s) available to third parties, that we may auction off the rights to expired Domain Names (the auction beginning close to the end or after the end of the reactivation period), and/or that expired domain name or services may be re-registered to any party at any time.
After the reactivation period, you agree that we may either (i) discontinue the domain name registration services at any time thereafter, (ii) that we may pay the registry's registration fee or otherwise provide for the registration services to be continued, or, (iii) if we auctioned the domain name services to a third party, that we may transfer the domain name registration and services to such third party.
In the case of (i), above, you acknowledge that certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the "Redemption Grace Period" ("RGP"). You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in the RGP process with respect to any or all of your domain name registration services and that we shall not be liable therefore. If available, RGP typically ends between 5 and 30 days after the end of the reactivation period of the domain name services, as the reactivation period applied to you. The typical average RGP fee is two hundred and fifty dollars (U$S 250) plus any renewal fees. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued.
In the case of (ii), above, you acknowledge that we may then set the name-servers and the DNS settings for the domain name services, that we set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and you acknowledge that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result. You agree that we are not obliged to contact you to alert you that the domain name registration services are being continued. In this case, the domain name will be designated as being in the extended redemption grace period ("ERGP"), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay a fee of two hundred and fifty dollars (U$S 250) plus any renewal fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name and services.
In the case of (iii), above, the third party who won the auction for the domain name will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration and services for a period of up to 40 days after the end of the reactivation period as such reactivation period applied to you.
You agree that we are not obliged to contact you to alert you that the domain name registration services are or were auctioned. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result of such an auction. To exercise your rights to recover auctioned domain name services, you must contact us and provide us with a certified letter addressed to "Expiration Recovery" and including documents setting forth your identity and address, which identify and address must be the same as that of the registrant as it was listed in the WHOIS information for the domain name services prior to expiration, a copy of a commonly accepted (in the United States) picture ID (such as a driver’s license or passport) which supports your identity and address claim, a front and back photocopy of your credit card and a statement authorizing payment of the reinstatement fee to such credit card, which is two hundred and fifty dollars (U$S 250) plus any registration fees. In doing so, you must provide us with sufficient time to allow us to receive and evaluate your documents and to contact the auction winner prior to the end of 30 days after the end of the reactivation period of the domain name services.
You agree that the transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a "Registrar Lock" on your domain name services and that this will prevent your domain name from being transferred without your authorization though we are not required to do so. By allowing your domain name to remain locked, you provide an express objection to any and all transfer requests until the lock is removed. To transfer your Domain Names, you should first login to your Account to unlock your Domain Names and/or to obtain the EPP "AuthCode" which is required to transfer the Domain Names in an EPP registry (such as .org).
Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, Domain Names may not be transferred within 60 days of the initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and losing registrars as outlined in ICANN's transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
As consideration for the domain name services, renewal of the Domain Names, and, if you select it, automatic renewal of the Domain Names, you agree to pay, prior to the effectiveness of the desired domain name services, the applicable domain fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then current registration term unless this Agreement specifically provides for a refund. You may pay for the Domain Names by providing a valid credit or debit card, an electronic check (from your personal or business checking account, as appropriate), PayPal, cryptocurrency or any other Payment Method accepted by Netz0 (each, a “Payment Method”); provided, however, that we may at our option require that you pay fees through a particular payment means (such as by credit card or wire transfer) or that you change from one payment provider to another.
Netz0 expressly reserves the right to change or modify its Domain Names prices and fees at any time, and such changes or modifications shall be posted online on the Netz0 website and effective immediately without the need for further notice to you. If you have purchased the Domain Names for a period of months or years, changes or modifications in prices and fees shall be effective when the Domain Names in question come up for renewal. For our current fee structure, you may access the schedule of fees available on the Netz0 website.
In the event of a refund, Netz0 will issue you a refund receipt to confirm its submission of your refund to the Payment Method charged at the time of the original purchase. You acknowledge and agree that the associated payment provider and/or individual issuing bank establish and regulate the time frames for posting your refund. Refund posting time frames may range from five (5) business days to a full billing cycle.
If Netz0 is for any reason unable to charge your chosen Payment Method for the full amount owed for the Domain Names provided, or if Netz0 is charged a penalty for any fee previously charged to your Payment Method, you agree that Netz0 may pursue all available lawful remedies in order to obtain the payment. You agree that the remedies Netz0 may pursue in order to effect payment shall include, but not be limited to, suspension of the Domain Names, cancellation of Domain Names registered through our services, and/or suspension of access to any and all accounts you have with us and/or your registry; and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our network systems shall be assumed by us in satisfaction of any indebtedness by you to us. We will reinstate your rights to and control over these Domain Names solely at our discretion, and subject to our receipt of the unpaid fee(s) and our reinstatement fee, currently set at fifty dollars (U$S 50).
Charges for the Domain Names will be billed to your chosen Payment Method as charges for “NETZ INC.”
Netz0 also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks Netz0 may perform outside the normal scope of its Domain Names, (ii) additional time and/or costs Netz0 may incur in providing its Domain Names, and/or (iii) your noncompliance with this Agreement (as determined by Netz0 in its sole and absolute discretion).
Typical scenarios include, but are not limited to, customer service issues that require additional personal time or attention, fees incurred by third-party payment providers such as PayPal fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a Payment Method processor, and disputes that require accounting or legal services. These administrative fees or processing fees will be billed to the Payment Method you have on file with Netz0.
14. CREDIT CARD CHARGEBACK AND DISPUTES
If you have an issue with credit card charges, you should contact Netz0’s Billing Department regarding the issue before you contact your credit card company to request a chargeback or reversal of the charges. In the event of a chargeback or dispute by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Domain Names or services, you agree that we may suspend access to any and all accounts you have with us and/or the domain registry administrator and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our systems shall be assumed by us. We will reinstate your rights to and control over these services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our then-current reinstatement fee, currently set at four hundred dollars (U$S 400).
15. LICENSING OF THE DOMAIN NAME
You remain the responsible contracting party under this Domain Registration Agreement, even if you or the domain registrant licenses the use of the domain name to a third party.
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 the 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.
16. AGREEMENT NOT TO USE “SERVICES” FOR ABUSES
You agree not to use any services provided by Netz0, or to allow or enable others, to use Domain Names provided by Netz0 for the purposes of:
A) the transmission of unsolicited email (Spam); or
B) repetitive, high volume inquiries into any of the services provided by Netz0 (i.e. domain name availability, etc.). Further, if you are hosting your domain's domain name servers ("DNS") on Netz0’s servers, or are using our systems to forward a domain, URL, or otherwise to a system or site hosted elsewhere, or if you have your domain name registered with Netz0, you are responsible for ensuring that there is no excessive overloading of Netz0’s DNS systems and network. You may not use Netz0’s servers and your domain as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or another abusive network attack. Server hacking or another perpetration of security breaches is prohibited. You agree that Netz0 reserves the right to deactivate your domain name from its DNS system if Netz0 deems it is the recipient of activities caused by your site that threaten the stability of its network.
You agree that Netz0, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name.
17. TERMINATION OF SERVICE(S)
We may reject your domain name registration application or elect to discontinue providing the Domain Names services to you for any reason within 30 days of a domain registration initiation or domain renewal. Outside of this period, we may terminate or suspend Domain Names at any time for cause, which, without limitation, includes registration of prohibited domain name(s), abuse of the Domain Names services, payment irregularities, material allegations of illegal conduct, or if your use of the Domain Names services involves us in a violation of any Internet Service Provider's ("ISP's") acceptable use policies, including the transmission of unsolicited bulk email.
You agree that if we terminate or suspend the Domain Names provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of the Domain Names which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Domain Names to you includes this option. If we have grounds to terminate or suspend Domain Names with respect to one domain name or in relation to other Netz0 service(s) provided through your Account, we may terminate or suspend all service(s) provided through your Account, including services to other Domain Names maintained by you with us. No fee refund will be made when there is a suspension or termination of Domain Names for that cause. At any time and for any reason, we may terminate the Domain Names thirty (30) days after we send a notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration.
Following notice of termination other than for cause, you must transfer your domain name or risk that we may delete your domain name or suspend or modify the Domain Names to it. If we terminate the Domain Names for a reason other than above, we will attempt to refund your fees. 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, to correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the resolution of disputes concerning the domain name. You agree that your failure to comply completely with the terms and conditions of this Agreement and any Netz0 agreements or policies may be considered by Netz0 to be a material breach of this Agreement and that Netz0 may provide you with notice of such breach either in writing or electronically (i.e. email).
In the event you do not provide Netz0 with material evidence that you have not breached your obligations to Netz0 within ten (10) business days, Netz0 may terminate its relationship with you and take any remedial action available to Netz0 under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, canceling the registration of any of your Domain Names and discontinuing any services provided by Netz0 to you.
18. DISPUTE RESOLUTION POLICY
You agree to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is available at http://www.icann.org/dndr/udrp/policy.htm. You agree that the UDRP may be changed by the ICANN (or ICANN's successor) at any time. 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 us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor messages sent to the email address associated with your Netz0 Account and Domain Names because, among other reasons, if a dispute arises regarding Domain Names provided to you, you may lose your rights to receive all Netz0 services if you do not respond expeditiously to an email sent in conjunction therewith.
You agree and consent that we will make available domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services 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 such information.
Additionally, you acknowledge that the ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, and elsewhere on the ICANN website.
You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for security identification and other purposes as required or permitted by applicable laws. Additional rights and protections available to you as a Netz0 customer are available at netz0.com/legal/privacy-policy
20. TRADEMARK OR COPYRIGHT CLAIMS
Netz0 is a service provider and respects the copyrights, trademarks and other intellectual property rights of others. To the extent if Netz0 receives a proper notice of infringement of copyright, trademark or other intellectual property, Netz0 reserves the right to access, preserve and disclose to third parties any of your Domain Names or data (including personally identifiable information and private communications) related to a written complaint of infringement if Netz0 believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such a complaint.
21. LIMITATION OF LIABILITY
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEBSITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY.
YOU ALSO AGREE THAT NEITHER WE NOR YOUR REGISTRY ADMINISTRATOR 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS (U$S 500 UNITED STATES DOLLARS). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You further agree to indemnify, defend and hold us harmless and applicable registry administrator(s) (including Verisign Inc., Public Interest Registry and other registry administrator listed at http://www.icann.org/registries/listing.html) and all such parties, 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, the domain name registration and the Domain Names you are obtaining from us.
With respect to ICANN, the registry administrator, us, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to or arising under this Agreement, the domain name service(s) provided hereunder, or your use of Netz0 service(s), including, without limitation, infringement by you, or by anyone else using the service(s) we provide to you, of any intellectual property or another proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the service(s) provided.
When we may be involved in a suit involving a third party and which is related to our service(s) to you under this Agreement, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of the record. This indemnification is in addition to any indemnification required under the UDRP.
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account and/or domain name WHOIS information you have provided.
24. LEGAL AGE
You attest that you are of legal age to enter into this Agreement.
This Agreement and the UDRP, together with all modifications, constitute the complete and exclusive Agreement between you and us and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or another form of joint enterprise between the parties. The failure of us 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 Agreement 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 Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable, and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.