Join the Wireless revolution.AwellConnected.Com
...and our Domain Registration Service of course
Acceptable Use Policy for our Wireless Network
These Acceptable Use Policies specify the actions we prohibit for users of our Network, Systems and the Internet. We reserve the right to modify these policies at any time, effective upon posting the modified document to this page: http://www.awellconnected.com
You will be notified of this by an announcement on our website - if you do not agree with any of the modifications made then you must contact us immediately. Failure to do this will constitute as your binding acceptance of the change.
All equipment / hardware and services are supplied subject to your acceptance of both our Acceptable Usage Policy and Terms & Conditions.
System Usage/ Network Security
Violation of system or network security are prohibited and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will co-operate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but are not limited to:
Unauthorised access to or use of data, systems or networks, including
any attempt to probe, scan or test the vulnerability of a system and
/ or network or to breach security or authentication measures without
express authorisation of the owner of the system or that network.
Forging of any TCP-IP packet header or any part of the header information
in an email or a newsgroup posting.
It is our intention to provide a fast, reliable service for all our users. However, it is important to note that some of our system is contended and may slow from time to time and no guarantee of 100% continuous service can be made.
Commercial Service Levels will be Agreed at time of contract and can only be met up to the point of exit from our network
Please note our generous bandwidth capping allowance and charges thereafter
50 Gbyte of data is roughly:
1,000,000 web pages or 20,000 Mp3s
Our network and systems may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.
Sending unsolicited mail messages (SPAM), including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. This includes sending unsolicited email via another ISP to advertise a domain or web site hosted with us.
This policy includes any volume of unsolicited mail however large or small. This activity uses excessive resources, incurs great cost and annoys customers - we (and most responsible ISP's) are strictly against this in any form.
Complaints of this nature may lead to the immediate suspension of your service and may lead to the closure of your account.
Usenet / Newsgroups
Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) is explicitly prohibited.
Indirect or attempted violations of the policy, and actual and or attempted violations by a 3rd party on behalf of one of our customers or a customers' end user, shall be considered violations of the policy by such customer or end user.
To encourage responsible usage of the Internet - we will act against you if you abuse our system and the Internet in general. This action will usually take the form of a temporary suspension of your access until the matter can be resolved. If appropriate we may terminate your account immediately.
If you have any question about this policy - or any of our services they should be sent to: email@example.com
Links to Other Sites
Third Party Intellectual Property Policy
Authorization of Use
IN NO EVENT SHALL AwellConnected.Com OR ANY OF ITS AFFILIATED COMPANIES OR SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST DATA OR PROFITS), OR ANY OTHER DAMAGES WHATSOEVER WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION.
THIS INFORMATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
NOTHING IN THESE PRECEEDING PARAGRAPHS SHALL EXCLUDE LIABILITY FOR FRAUDULENT MISREPRESENTATIONS.
Disclosure Pursuant to Legal Process
This Registration Agreement 4.0 ("Agreement") sets forth
the terms and conditions agreed to between you and Awellconnected.com,
a UK based company (the "Registrar", "we" or "us"),
relating to the registration of one or more Second Level Domain name(s)
("SLD name(s)") ending in the .com, .net, .org, .biz, .info,
.name, .cc, Keyword or other Top Level Domains. We are an agent for
registrars accredited by the Internet Corporation for Assigned Names
and Numbers ("ICANN") pursuant to an accreditation agreement
between them and ICANN ("ICANN Agreement"). By registering
any SLD name with us on or after February 1, 2002 you agree, for yourself
and, if acting as an agent, on behalf of your principal, to be bound
by the terms and conditions of this Registration Agreement 4.0 with
respect to all SLD names registered with us, including those SLD names
previously registered with us under prior versions of our Registration
As consideration for the SLD name registration services provided by us, you agree to pay all initial registration fees and applicable renewal fees with respect to each SLD name registered in UK Sterling at the time of registration or renewal. If you do not pay any initial fees or renewal fees when due or your credit card charge is not accepted for any reason within three (3) business days after any initial fee is due or within seven business days after any renewal fee is due, or in the event of any chargeback of any payment at any time, we will have the right to immediately cancel all SLD names for which payment was not received, without further notice. In the case of renewals, we will send an e-mail to the address of the billing contact then set forth in the WhoIS directory with respect to the SLD name eligible for renewal, and it shall be your responsibility to ensure that all such fees are paid prior to the expiration of the term of registration of each SLD name you wish to renew. You agree that we shall have no liability whatsoever with respect to any such cancellation. We reserve the right to adjust our registration and renewal fees prospectively upon fifteen (15) calendar days prior notice.
2. Term; Registration Period.
The term of this Agreement, as in effect from time to time, will extend through and continue in force at any time during which you have any SLD name registered through us. At your discretion, we will register each SLD name for a period of one (1) to ten (10) years for .com, .net and .org, .cc, .la, & Keywords or for a period of two (2) to ten (10) years for .biz & .info or for a period of one (1), two (2), or ten (10) years for .name from the initial registration date or, if applicable, the previous registration date for such SLD name.
3. SLD Name Dispute Policy.
You agree to be bound by our Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference, as in effect from time to time. The Dispute Policy can be found at http://www.bulkregister.com/disputepolicy.phtml. Any disputes regarding the right to use your SLD name will be subject to the Dispute Policy. We may modify the Dispute Policy in our sole discretion at any time in accordance with the ICANN Agreement or any ICANN/Registry Policy. Your continued use of our registration services after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your SLD name be cancelled or transferred to another registrar. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your SLD name is challenged by a third party, including but not limited to (i) any applicable restrictions on your ability to change registrars with respect to an SLD name subject to a dispute or to transfer an SLD name subject to a dispute to a new holder; and (ii) our ability to cancel any such transfers while a dispute is pending. While any dispute or litigation is pending, we may not allow you to make changes to such SLD record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our SLD name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our SLD name registration services, we may deposit control of your SLD name record into the registry of the judicial body by supplying a party with a registrar certificate from us. No refunds will be provided for names deleted or transferred pursuant to this section. You agree that at such time as we receive a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the cancellation, suspension, transfer or modification of any SLD name registration, we shall have the right in our sole discretion to cancel, suspend (e.g. registrar lock or hold), transfer or otherwise modify any SLD name registration(s).
4. Registration Data.
4.1. Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) any remark concerning the registered SLD name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement.
4.2. Inaccurate or Unreliable Data. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an SLD name concerning the accuracy of contact details associated with any registration(s) or the registration of any SLD name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your SLD name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
4.3. Use of Registration Data. You acknowledge that we will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN or the Registry may impose 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. You may request a copy of your information in our possession to review, modify or update such information by contacting us by e-mail at firstname.lastname@example.org. We agree that we will not process any Personal Data collected from you, if any, in a way that is incompatible with the purposes and other limitations set forth in this Agreement. We agree that we will take reasonable precautions to protect Personal Data collected, if any, from loss, misuse, unauthorized access or disclosure, alteration or destruction.
4.4. Disclosure of Use of Data. If you engage in the reselling of SLD name(s), you covenant, represent and warrant that you have provided, or will provide, to any third party individuals whose Personal Data you have obtained, the same information about use of those details as are set out in this Section 4 or as may be reasonably required by us pursuant to any ICANN/Registry Policy now or hereafter adopted, and that the third parties individually have consented, or will consent, to use of their personal data.
5. License of SLD Names.
If you license use of an SLD name to a third party, you remain the holder of record, and you acknowledge that you remain responsible for providing and updating your own full contact information and for providing and updating accurate technical, administrative, and billing contact and other information in accordance with this Agreement. If you license use of an SLD name, you shall accept liability for harm caused by wrongful use of the SLD name, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm.
6. Change of SLD Holder; Reselling Activities. The provisions of this Section 6 shall apply to you unless you have entered into a separate Registration Services Agreement, in which case the Registration Services Agreement shall apply to you.
6.1. Change of SLD Holder Procedure. If you transfer any SLD name, you agree to abide by the policies and procedures relating to transfer of SLD names as may be adopted by us and as in effect from time to time, which policies and procedures may require, among other things, the submission of hard-copy record of transfer of ownership, the submission of information concerning the transferor and transferee and the transfer, including but not limited to the information described in Section 4 of this Agreement with respect to the transferee, and may impose reasonable information collection and recordkeeping obligations on you. Such policy and procedure may require you upon such transfer to relinquish all control over the SLD name transferred.
6.2. Record Keeping
6.3. Recordkeeping Requirements. You agree to obtain evidence of each Customer's assent to the then current Registration Agreement electronically (e.g. by "click") or by hardcopy signature, and to retain for a period of three (3) years evidence of such assent. You may require Customers using your services to agree to additional terms and conditions, provided that such terms and conditions do not conflict in any manner with the provisions of the Registration Agreement or any ICANN Policy.
6.4. Customer Support; Registration Data and Updating Requirements. You agree to provide adequate customer service, billing and technical support for your Customers, and to make modifications and updates to registration data relating to your Customers' SLD names so that our database contains accurate, current and reliable registration data with respect to your Customers' SLD names. You understand and acknowledge that your failure to make any modifications to any information with respect to your Customer's SLD name(s) in accordance with the written instructions of such Customer(s) within ten (10) business days after delivery of such written instructions, or the making of any modifications to any Customer's registration data which have not been authorized by such Customer in writing or by e-mail, shall constitute a breach of this Agreement. You agree to retain copies of all communications and other correspondence between you and Customer relating to the registration of SLD names with us and to provide us with the same upon request. Your willful provision of inaccurate or unreliable information concerning your Customer's SLD name(s), or your willful failure to promptly update or correct your Customer's registration data, or your failure to respond to our or any of your Customer's inquiries or requests concerning the accuracy or content of any registration data for over ten (10) business days shall constitute a breach of this Agreement.
7. Policies Regarding Use of Our Services.
7.1. Suspension, Cancellation or Transfer of SLD Name. You agree that your ability to use our registration services is subject to termination or suspension, and your ability to register or modify any particular SLD name is subject to suspension, cancellation, or transfer (i) at any time pursuant to any ICANN/Registry Policy now in effect or hereafter adopted, (ii) to correct mistakes by us, another accredited registrar or the Registry in registering SLD name(s), including but not limited to the correction of erroneous or inadvertent deletions of SLD names, or in connection with the resolution of disputes in accordance with the Dispute Policy, or (iii) in the event of any breach of any representation, warranty, agreement or other provision of this Agreement, upon e-mail notice of such breach and the expiration of a fifteen (15) calendar day cure period.
7.2. Limitations on Use of Services. You agree not to use our services or website or permit any person or entity through you to use our services or website for (i) the transmission of unsolicited, commercial e-mail (spam); or (ii) high volume, automated, electronic processes that apply to the Registry for large numbers of SLD names, except as reasonably necessary to register SLD names or modify existing registrations; or (iii) high volume, automated, electronic, repetitive queries except as reasonably necessary to register SLD names or modify existing registrations.
8. Use of Agents. You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he, she or it is authorized to apply for our services on your behalf, that he, she or it is authorized to bind you to the terms and conditions of this Agreement and that he, she or it has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund fees paid by you or your agent on your behalf for any reason, including, but not limited to, in the event that your agent fails to comply with the terms and conditions of this Agreement, your agent incorrectly provides information in the application process or if your agent changes or otherwise modifies your SLD name record incorrectly.
9. SLD Name Transfers Between Sponsoring Registrars. You agree that you may change sponsoring registrars for any existing SLD name only in accordance with ICANN/Registry Policy and further agree that you may not change sponsoring registrars with respect to any SLD name for a period of sixty (60) calendar days after registration of such SLD name with us. In connection with any transfer by you of SLD name(s) from one registrar (the "Losing Registrar") to us:
9.1. You represent and warrant that (i) you are either the SLD Holder, the administrative contact or the technical contact with respect to the SLD name(s) being transferred; and (ii) if transferring an SLD name on behalf of a Customer, you have been granted the authority by such Customer to effect each such transfer.
9.2. To initiate a transfer of sponsoring registrars from a Losing Registrar to us, you shall notify us of the SLD name(s) you wish to transfer to us and we will, upon receipt of such transfer request, forward to you a Confirmation of Transfer. You agree to confirm the accuracy of the Confirmation of Transfer and assent to the Confirmation of Transfer before being permitted to continue.
9.3. We will effect the proposed transfer of sponsoring registrars from the Losing Registrar only after the following conditions have been met:
(i) We have received evidence of your assent to the Confirmation of Transfer and all transfer fees associated with the transfer(s) have been paid in full; and
(ii) If the transfer involves an SLD name held by an SLD Holder other than you and we have notified such SLD Holder via the Administrative Contact of the proposed transfer and provided such Administrative Contact with a period of time to confirm or object to such transfer, not to exceed 10 business days, such waiting period shall have expired or the express consent of such Administrative Contact shall have been obtained.
9.4. You agree and understand that we will effect the registration using the registration data on file with the Losing Registrar immediately prior to transfer, and understand that we may, at our discretion, limit your ability to make post-transfer changes to registration data for a reasonable period of time following transfer, not to exceed 15 business days.
9.5. When we make a request to the Losing Registrar (via the Registry) to transfer an SLD name registration to us from the Losing Registrar, you agree to pay us the applicable fee(s) as then in effect with respect to such transfer and agree to comply with the Verisign Change in Registrar Policy.
The Following Paragraphs(10 through 13) Apply to .Biz Domain Registrations
10. BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
(a) To exchange goods, services, or property of any kind; (b) In the ordinary course of trade or business; or (c) To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.
11. BIZ CERTIFICATION. As a .biz domain name registrant, you hereby certify to the best of your knowledge that:
(a) The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
(b) The domain name registrant has the authority to enter into the registration agreement; and
(c) The registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.
12. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.
13. RESERVATION OF RIGHTS. Awellconnected.com and the .biz Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Awellconnected.com and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. BulkRegister.com and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
The Following Paragraphs(14 through 17) Apply to .INFO Domain Registrations
14. Registrant consents to the use, copying, distribution, publication, modification, and other processing of Registered Domain Name Holder's Personal Data by Afilias, the .INFO Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract.
15. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification.
16. Registrant acknowledges that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
17. Registrar and Afilias, the registry operator for .INFO, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and Afilias also reserve the right to freeze a domain name during resolution of a dispute
18. PROHIBITED KEYWORD REGISTRATIONS. Keyword Affiliate agrees to comply with, and to cause any Second-Tier Resellers to agree to comply with, any policies of RealNames that apply to all Keyword Affiliates and that prohibit the registration of certain Keywords in the Keyword Registration Platform, which are not allowed to be registered.
19. INDEMNIFICATION REQUIRED OF REGISTRANTS AND SECOND-TIER RESELLERS. Keyword Affiliate shall require each Registrant and Second-Tier Reseller to indemnify, defend and hold harmless Verisign GRS and its respective directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registrant's registration Basic Keywords, Keywords Plus, and Review Services. Keyword Affiliate shall cause each Second-Tier Reseller to require each Registrant to provide such indemnification, defense and hold harmless obligations.
20. VERISIGN-SPECIFIC POLICIES APPLICABLE TO REGISTRANTS. Keyword Affiliate, and any of its resellers, affiliates, partners or agents, shall require all Registrants to accept VeriSign GRS's policies applicable to Keyword registrations and renewals. Keyword Affiliate and any of its resellers, affiliates, partners or agents shall make such policies available on its website for viewing and acceptance by all Registrants.
21. REALNAMES UNIFORM POLICIES RELATING TO KEYWORD AFFILIATE'S REGISTRATION OF KEYWORDS. Keyword Affiliate, and any of its resellers, affiliates, partners, or agents, accept and agree to be bound by RealNames' Uniform Policies applicable to Keyword Affiliates, incorporated herein by reference. Keyword Affiliate and any of its resellers, affiliates, partners or agents shall make such policies available on its website for viewing and acceptance by all Registrants. The current versions of the Uniform Policies are or will be posted publicly at Keyword: Registrar Policies. RealNames may change the Uniform Policies from time to time in its sole discretion and promulgate additional Uniform Policies, each upon reasonable notice to Keyword Affiliate, which notice may be provided by posting such new Uniform Policies at Keyword: Registrar Policies. Keyword Affiliate's continued use of the Keyword Registration Platform for purposes of processing Keyword registrations shall constitute Keyword Affiliate's acceptance of such revised or additional Uniform Policies.
22. REALNAMES KEYWORDS DISPUTE POLICY. Keyword Affiliate accepts and agrees to abide by, and shall cause it's Second-Tier Resellers to accept and agree to abide by, the RealNames Uniform Keyword Dispute Resolution Policy ("Dispute Policy"), as may be amended from time to time by RealNames. The Dispute Policy is incorporated by reference into this Agreement. The current version of the dispute policy is located at the following Keyword: Keyword Dispute Resolution Policy. Keyword Affiliate shall require all Registrants to accept and agree to be bound by the Dispute Policy.
a. REALNAMES KEYWORDS DISPUTE POLICY MODIFICATION. Keyword Affiliate agrees that RealNames, in its sole discretion, may modify the Dispute Policy. RealNames will post any such revised policy at Keyword: Keyword Dispute Resolution Policy and such revised policy will become effective immediately upon posting, Keyword Affiliate agrees to require Registrants to accept any modifications to the dispute policy in order to maintain the Keyword.
23. TERM OF KEYWORD REGISTRATIONS.
Keyword Affiliate shall register Keywords to Registrants solely for one (1) year terms.
24. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES.
24.1. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY ACT OR OMISSION OF YOU OR YOUR AGENT (WHETHER AUTHORIZED OR UNATHORIZED) (a) ANY LOSS OF REGISTRATION OF ANY SLD NAME, (b) THE USE OF YOUR SLD NAME OR PASSWORD, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND US; (e) EVENTS BEYOND OUR CONTROL; (f) THE PROCESSING OF ANY SLD NAME REGISTRATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR SLD NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, WE 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. IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR REGISTRATION OF THE SLD NAME IN CONTROVERSY DURING THE PRIOR ONE (1) YEAR PERIOD. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
24.2 DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SOFTWARE OR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SOFTWARE OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR WEBSITE WILL BE CORRECTED. WE DO NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR SOFTWARE OR WEBSITE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
You agree to defend, indemnify and hold us harmless and any applicable SLD name registry, and the shareholders, directors, officers, employees, affiliates and agents of us and them, from and against any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action, proceeding, suit or demand arising out of or related to (i) any SLD name registered by you or the transfer or use thereof, (ii) any dispute concerning an SLD name, (iii) your breach (or the breach by any of your officers, agents, employees or other representatives) of any agreement contained in this Agreement, or (iv) any cancellation, suspension (e.g. registrar lock or hold) or transfer of any SLD name in accordance with this Agreement. This indemnification is in addition to any indemnification required under the Dispute Policy.
26. Representations and Warranties.
You represent and warrant that all information provided by you in connection with your registration is complete and accurate. You represent and warrant each time you register an SLD name that, to the best of your knowledge and belief, neither the registration of the SLD name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. In applying for an SLD name, you represent and warrant that the registration is not made in bad faith and that the name does not conflict with another SLD name. We make no representation or warranties of any kind in connection with this Agreement. Specifically but without limitation, we do not represent or warrant that registration of your SLD name will immunize you from challenges to your SLD name. We are not bound by nor should you rely on any representation or warranty made by any agent, representative or employee of any third party that you may use to apply for our services.
27. Breach and Revocation; Notice of Cancellation, Etc.
Except as otherwise specified in this Agreement, any breach by you of this Agreement or the Dispute Policy must be remedied by you within five (5) business days following e-mail notice by us to you. Such notice shall be deemed delivered when sent to the e-mail address then on record for your administrative contact in the Whois directory. If you fail to cure the breach within such cure period, we may terminate this Agreement, cancel your registration of the SLD name(s), transfer such SLD names to another person or entity and/or seek any remedy available at law or in equity including but not limited to obtaining an injunction or specific performance. Our remedies shall not be deemed exclusive and effecting any one or more of the foregoing remedies shall not be deemed an election of remedies. Except as otherwise specified in this Agreement, notice of revocations, suspensions, transfers, or cancellations of your SLD name(s) by us pursuant to this section will be provided to you within five (5) business days following the taking of such action.
28. Cancellation During Preliminary 30 Day Period; Right of Refusal to Register.
Pursuant to ICANN/NSI Registry Policy, we reserve the right to refuse to register any SLD name(s), or to cancel, transfer or suspend any SLD name(s) registered with us within the first thirty (30) calendar days following receipt of your payment for such registration(s). In the event we do not register an SLD name or we cancel or transfer an SLD name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) with respect to such SLD name which you have paid to us. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register any SLD name(s) or the cancellation or transfer of any SLD name(s).
29. Governing Law; Jurisdiction; Waiver of Trial by Jury.
THIS AGREEMENT AND ALL RIGHTS HEREUNDER SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO SUCH STATE'S POLICIES RELATING TO CONFLICT OF LAWS. ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT OR TO YOUR OR YOUR AGENT'S USE OF OUR SERVICES SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF MARYLTHE DISTRICT OF MARYLAND (NORTHERN DIVISION) LOCATED IN BALTIMORE, MARYLAND. FOR THE ADJUDICATION OF DISPUTES CONCERNING OR ARISING FROM THIS AGREEMENT OR THE USE OF ANY SLD NAME(S), YOU AGREE TO SUBMIT, WITHOUT PREJUDICE TO OTHER POTENTIALLY APPLICABLE JURISDICTIONS, TO THE JURISDICTION OF THE COURTS (I) OF YOUR DOMICILE, AND (II) OF MARYLAND, USA, OR THE U.S. DISTRICT COURT FOR THE DISTRICT OF MARYLAND (NORTHERN DIVISION) LOCATED IN BALTIMORE, MARYLAND. YOU WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH PROCEEDING.
Except as otherwise specifically stated herein, you agree that all notices from us to you shall be delivered by posting such notices on our website and shall be deemed delivered and effective fifteen (15) calendar days after such posting. Notices from you to us shall be by e-mail to our appropriate e-mail address as specified on our website, and shall be deemed delivered when received by e-mail, or notices shall be in writing by first class mail to Awellconnected.com Box 445 TQ1 9AU UK, and shall be deemed delivered five days after deposit in the UK. mail. The foregoing notwithstanding, you understand and agree that any e-mails received by us from any e-mail address provided to us or set forth as a contact address (whether billing, technical or administrative) with respect to your SLD name shall be deemed to have been sent by you or your duly authorized agent having the actual and apparent authority to act to bind you. We intend to rely on any such correspondence.
This Agreement, our fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior or concurrent proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us. Our failure to require your performance of any provision hereof shall not affect the right to require such performance 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 is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement, but such provision shall be automatically amended and replaced with a provision that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. No provision of this Agreement, including our fee schedule and the Dispute Policy, may be amended or modified by you except by means of a written document signed by us. We may modify this Agreement at any time by posting such modification(s) on our website. Such modifications will become effective 15 calendar days after posting. Your continued use of our registration services after such modification(s) become(s) effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your SLD name(s) be cancelled or transferred to another registrar. This Agreement shall not confer any benefits upon any person or entity other than you and Awellconnected.com, and shall not be construed to create any obligation by Awellconnected.com to any non-party.
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