|
CDSSCorp.com WebHosting - Terms of Use - Overview |
|
|
|
Upon signing up for CDSSCorp.com WebHosting's services, all customers agree to comply with CDSSCorp.com WebHosting's Terms of Use. The spirit of this policy is to ensure our customers are using CDSSCorp.com WebHosting's services with due regard to the rights of other Internet users and in conformity with the requirements of CDSSCorp.com WebHosting's network environment. Please note that asterisked items (*) are not applicable to Dedicated Server customers. All references to "we", "us", "our" and "CDSSCorp.com" refer to Computer Development Services and Supply Corporation. CDSSCorp.com WebHosting is a wholly owned service of Computer Development Services and Supply Corporation. |
|
All shared web hosting accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge. Any web hosting account deemed to be adversely affecting server
performance or network integrity will be shut down without prior notice.
|
|
Actions Taken by CDSSCorp.com WebHosting When CDSSCorp.com WebHosting becomes aware of an
alleged violation of its Terms of Use, CDSSCorp.com WebHosting will initiate
an investigation. During the investigation, CDSSCorp.com WebHosting may
restrict a customer's access in order to prevent further potentially
unauthorized activity. Depending on the severity of the violation,
CDSSCorp.com WebHosting may, at its sole discretion, restrict, suspend, or
terminate a customer's web hosting account and/or pursue other civil
remedies. If such violation is a criminal offense, CDSSCorp.com WebHosting
will notify the appropriate law enforcement authorities of such violation. CDSSCorp.com WebHosting does not issue credits
for outages incurred through service disablement resulting from Terms of Use
violations. CDSSCorp.com WebHosting customers agree to
indemnify and hold harmless CDSSCorp.com WebHosting from any claims resulting
from the use of our services that damages them or any other party. |
|
|
|
CDSSCorp.com WebHosting - Billing Policy - Overview |
|
|
|
|
|
Billing Periods CDSSCorp.com WebHosting bills on a yearly or two year cycle, depending on what option and plan have been selected. Account and billing anniversary information will be sent to you after we have processed your order. Prompt payment is necessary to ensure uninterrupted service of your account. Payments For credit card customers, you will be automatically charged the appropriate amount at the beginning of your account's billing period. For check/money order customers, CDSSCorp.com WebHosting must receive your check/money order by the beginning of your billing period. Check or money order should be made out to CDSSCorp.com and should include you Website Address. Late payments, credit card refusals, expirations, chargebacks, disputes are subject to fines, suspensions and account terminations at CDSSCorp.com WebHosting's discretion. All unpaid balances incurred during period of service by CDSSCorp.com WebHosting are subject to collection. Fees NOTE: CDSSCorp.com WebHosting charges a $25.00 fee for returned checks as well as chargebacks. For international customers, if you are sending a check/money order the amount must be drawn in US dollars. All T/T(wire) payments must include a $15 processing fee with each payment. Cancellations Any request for cancellations must be received via the Webform , regular mail or fax and you'll receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email cancellations are not accepted. Submission of the cancellation form does not automatically complete the cancellation request- your account may be past due or delinquent in which case the balance must be settled before cancellation of an account can be processed. Domain name transfers, non-usage, Internic problems, ISP problems, or any other secondary issues not directly related to CDSSCorp.com WebHosting's services does not qualify an account for cancellation. Customers are urged to make sure that they receive a cancellation confirmation from CDSSCorp.com WebHosting, indicating the closure of a domain and/or an account has been completed. 10 Day Money Back The 10 day money back applies to all CDSSCorp.com WebHosting plans. Following services do not qualify for 10 day money back guarantee: Setup Fee; Time and Material Consulting; additional items and services; dedicated servers; items and dedicated services ordered; Overage on usage based resources, domain parking plus; domain name registration fees. If you are not completely satisfied with our services within the first 10 days of your initial activation date, you will be given a full refund of the contract amount excluding setup fees and overages. Refunds Full refunds are only available within the 10 day money back period (excluding setup fees- see above); Annual prepayments (or higher payment cycles) are given prorated refunds, to the next closest full month.
|
|
Limitation of Liabilities & Legal Jurisdiction |
|
|
|
Limitation of Liabilities & Legal Jurisdiction 1. User agrees to use all : CDSSCorp.com WebHosting services and facilities at User's own risk. CDSSCorp.com WebHosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Computer Development Services and Supply Corporation be liable for any loss, or loss of data, or any other damages. 2. User agrees to use all CDSSCorp.com WebHosting services and facilities at User's own risk. CDSSCorp.com WebHosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall CDSSCorp.com WebHosting be liable for any loss, or loss of data, or any other damages. 3. User is solely responsible for usage of CDSSCorp.com WebHosting and any statement User makes on CDSSCorp.com WebHosting 's system may be deemed a "publication " of the information entered. Acknowledging the foregoing, User specifically agrees not to use CDSSCorp.com WebHosting 's service in any manner that is illegal, libelous, or against any CDSSCorp.com WebHosting policy. 4. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, United States of America, and the courts of the judicial district of county of Rockland shall have exclusive jurisdiction in respect of any proceeding in connection with this Agreement.
|
|
Domain Name Registration Agreement and Uniform Domain
Name Dispute Resolution Policy |
|
|
|
and Uniform Domain Name Dispute Resolution Policy
|
|
Registration Agreement 1. Agreement. In this Service Agreement
("Agreement") "you" and "your" refer to each
customer and "we", us" and "our" refer to Computer
Development Services and Supply Corporation dba CDSSCorp.com. This Agreement
explains our obligations to you, and explains your obligations to us for our
various services. By selecting our service(s) you have agreed to establish an
account with us for such services. When you use your account or permit
someone else to use it to purchase or otherwise acquire access to additional
service(s) or to cancel your CDSSCorp.com WebHosting service(s) (even if we
were not notified of such authorization), this Agreement covers such service
or actions. By using the service(s) provided by CDSSCorp.com under this
Agreement, you acknowledge that you have read and agree to be bound by all
terms and conditions of this Agreement and any pertinent rules or policies
that are or may be published by us. 2. Selection of a Domain Name. We cannot
and do not check to see whether the domain name you select, or the use you
make of the domain name, infringes legal rights of others. We urge you to
investigate to see whether the domain name you select or its use infringes
legal rights of others, and in particular we suggest you seek advice of
competent counsel. You may wish to consider seeking one or more trademark
registrations in connection with your domain name. You should be aware that
there is the possibility we might be ordered by a court to cancel, modify, or
transfer your domain name. You should be aware that if we are sued or
threatened with lawsuit in connection with your domain name, we may turn to
you to hold us harmless and indemnify us. 3. Fees, Payment and Term. As consideration
for the services you have selected, you agree to pay CDSSCorp.com the
applicable service(s) fees. Registration will not be processed until payment
for services is verified or received. All fees payable for domain name
thereunder are nonrefundable unless we provide otherwise. This section does
not apply to fees payable for CDSSCorp.com Web Hosting and Web Hosting
services. Payment policy for Web Hosting can be found at:
http://www.CDSSCorp.com CDSSCorp.com/support/billingpolicy.htm. As further
consideration for the domain name service(s), you agree to: (1) provide
certain current, complete and accurate information about you as required by
the registration process and (2) maintain and update this information as
needed to keep it current, complete and accurate. All such information shall
be referred to as account information ("Account Information"). You
hereby grant CDSSCorp.com WebHosting the right to disclose to third parties
such Account Information. The Registrant, by completing and submitting the
Domain Name Registration Agreement ("Registration Agreement"),
represents that the statements in its application are true and that the
registration of the selected Domain Name, so far as the Registrant is aware,
does not interfere with or infringe upon the rights of any third party. The
Registrant also represents that the Domain Name is not being registered for
any unlawful purpose. 4. Modifications to Agreement. You agree,
during the period of this Agreement, that we may: (1) revise the terms and
conditions of this Agreement; and (2) change the services provided under this
Agreement. Any such revision or change will be binding and effective
immediately on posting of the revised Agreement or change to the service(s)
on CDSSCorp.com's web site, or on notification to you by e-mail or by
telephone or by mail. You agree to review CDSSCorp.com's web site, including
the Agreement, periodically to be aware of any such revisions. If you do not
agree with any revision to the Agreement, you may terminate this Agreement at
any time by providing us with notice by e-mail or by fax. Notice of your termination
will be effective on receipt and processing by us. You agree that, by
continuing to use the CDSSCorp.com Webhosting services following notice of
any revision to this Agreement or change in service(s), you abide by any such
revisions or changes. You further agree that we, in our sole discretion, may
modify our Dispute Policy at any time. You agree that, by maintaining the
reservation or registration of your domain name after modifications to the
Dispute Policy become effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modifications, you may
request that your domain name be deleted from the domain name database. 5. Modifications to your Account. In order
to change any of your account information with us, you must use your Account
Identifier and Password that you selected when you opened your account with
us. Please safeguard your Account Identifier and Password from any
unauthorized use. In no event will we be liable for the unauthorized use or misuse
of your Account Identifier or Password. 6. Domain Name Dispute Policy. If you
reserved or registered a domain name through us, or transferred a domain name
to us from another registrar, you agree to be bound by our current Domain
Name Dispute Policy ("Dispute Policy") which is incorporated herein
and made a part of this Agreement by reference. The current version of the
Dispute Policy may be found at our web site:
http://www.CDSSCorp.com/support/registrationanddispute.htm. Please take the
time to familiarize yourself with such policy. 7. Domain Name Disputes. 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 of the dispute. You 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 contained in the Dispute
Policy. For any dispute, you agree to submit to the jurisdiction of the
courts of your domicile, the courts of the geographic location indicated by
your WHOIS information for your domain name, and the courts of the Rockland
County, New York. 8. Agents. You agree that, if an agent for
you (i.e., an Internet Service Provider, employee, etc.) purchased
CDSSCorp.com WebHosting service(s) on your behalf, you are nonetheless bound
as a principal by all terms and conditions herein, including the Dispute
Policy. 9. Announcements. We reserve the right to distribute
information to you that is pertinent to the quality or operation of our
services and those of our service partners. These announcements will be
predominately informative in nature and may include notices describing
changes, upgrades, new products or other information to add security or to
enhance your identity on the Internet. 10. Limitation of Liability. You agree that
our entire liability, and your exclusive remedy, with respect to any
CDSSCorp.com WebHosting.com services(s) provided under this Agreement and any
breach of this Agreement is solely limited to the amount you paid for such
service(s). CDSSCorp.com WebHosting and its contractors shall not be liable
for any direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the CDSSCorp.com WebHosting
services or for the cost of procurement of substitute services. Because some
states do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states, our liability is limited
to the extent permitted by law. We disclaim any and all loss or liability
resulting from, but not limited to: (1) loss or liability resulting from
access delays or access interruptions; (2) loss or liability resulting from
data non-delivery or data mis-delivery; (3) loss or liability resulting from
acts of God; (4) loss or liability resulting from the unauthorized use or
misuse of your Account Identifier or Password; (5) loss or liability
resulting from errors, omissions, or misstatements in any and all information
or services(s) provided under this Agreement; (6) loss or liability resulting
from the development or interruption of your Web site or e-mail service. The
registrant agrees that CDSSCorp.com WebHosting will not be liable for any
loss of registration and use of registrant's domain name, or for interruption
of business, or 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 CDSSCorp.com
WebHosting has been advised of the possibility of such damages. In no event
shall CDSSCorp.com WebHosting's maximum liability exceed five hundred
($500.00) dollars. 11. Indemnity. You agree to release,
indemnify, and hold CDSSCorp.com, its contractors, agents, employees,
members, officers, directors and affiliates harmless from all liabilities,
claims and expenses, including attorney's fees, of third parties relating to
or arising under this Agreement, the CDSSCorp.com WebHosting services
provided thereunder or your use of the CDSSCorp.com WebHosting services,
including without limitation infringement by you, or someone else using the
CDSSCorp.com WebHosting E-mail Service with your computer, of any
intellectual property or other proprietary right of any person or entity, or
from the violation of any CDSSCorp.com WebHosting operating rule or policy
relating to the service(s) provided. You also agree to release, indemnify and
hold us harmless pursuant to the terms and conditions contained in the
Dispute Policy. When CDSSCorp.com is threatened with suit by a third party,
CDSSCorp.com may seek written assurances from you concerning your promise to
indemnify CDSSCorp.com; your failure to provide those assurances may be
considered by CDSSCorp.com to be a breach of your Agreement and may result in
deactivation of your domain name. 12. Breach. You agree that failure to abide
by any provision of this Agreement, any CDSSCorp.com operating rule or policy
or the Dispute Policy, may be considered by us to be a material breach and
that we may provide a written notice, describing the breach, to you. If
within thirty (30) calendar days of the date of such notice, you fail to
provide evidence, which is reasonably satisfactory to us, that you have not
breached your obligations under the Agreement, then we may delete the
registration or reservation of your domain name or terminate your account
without further notice. Any such breach by you shall not be deemed to be excused
simply because we did not act earlier in response to that, or any other
breach by you. 13. No Guarantee. You agree that, by
registration or reservation of your chosen domain name, such registration or
reservation does not confer immunity from objection to either the
registration, reservation, or use of the domain name. 14. Disclaimer of Warranties. You agree and
warrant that the information that you provide to us to register or reserve
your domain name or register for other CDSSCorp.com service(s) is, to the
best of your knowledge and belief, accurate and complete, and that any future
changes to this information will be provided to us in a timely manner
according to the modification procedures in place at that time. You agree
that your use of our CDSSCorp.com service(s) is solely at your own risk. You
agree that such service(s) is provided on an "as is," "as
available" basis. CDSSCorp.com expressly disclaims all warranties of any
kind, whether express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
CDSSCorp.com makes no warranty that the CDSSCorp.com WebHosting service(s)
will meet your requirements, or that the service(s) will be uninterrupted,
timely, secure, or error free; nor does CDSSCorp.com make any warranty as to
the results that may be obtained from the use of the service(s) or as to the
accuracy or reliability of any information obtained through the CDSSCorp.com
WebHosting e-mail service or that defects in the CDSSCorp.com WebHosting
service(s) software will be corrected. You understand and agree that any
material and/or data downloaded or otherwise obtained through the use of the
CDSSCorp.com WebHosting service is done at your own discretion and risk and that
you will be solely responsible for any damage to your computer system or loss
of data that results from the download of such material and/or data.
CDSSCorp.com WebHosting makes no warranty regarding any goods or services
purchased or obtained through the service or any transactions entered into
through service. No advice or information, whether oral or written, obtained
by you from CDSSCorp.com WebHosting or through the service shall create any
warranty not expressly made herein. Some jurisdictions do not allow the
exclusion of certain warranties, so some of the above exclusions may not
apply to you. 15. Revocation. You agree that we may
delete your domain name or terminate your right to use other CDSSCorp.com
WebHosting service(s) if the information that you provided to register or
reserve your domain name or register for other CDSSCorp.com WebHosting
service(s), or subsequently to modify it, contains false or misleading
information, or conceals or omits any information we would likely consider
material to our decision to register or reserve your domain name. You agree
that we may, in our sole discretion, delete or transfer your domain name at
any time. 16. Right of Refusal. We, in our sole
discretion, reserve the right to refuse to register or reserve your chosen
domain name or register you for other CDSSCorp.com WebHosting service(s), or
to delete your domain name within thirty (30) calendar days from receipt of
your payment for such services. In the event we do not register or reserve
your domain name or register you for other CDSSCorp.com WebHosting.com
service(s), or we delete your domain name or other CDSSCorp.com WebHosting
service(s) within such thirty (30) calendar day period, we agree to refund
your applicable fee(s). You agree that we shall not be liable to you for loss
or damages that may result from our refusal to register or reserve, or delete
your domain name or register you for other CDSSCorp.com WebHosting
service(s). 17. Severability. You agree that the terms
of this Agreement are severable. If any term or provision is declared invalid
or unenforceable, that term or provision will be construed consistent with
applicable law as nearly as possible to reflect the original intentions of
the parties, and the remaining terms and provisions will remain in full force
and effect. 18. Non-Agency. Nothing contained in this
Agreement or the Dispute Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties. 19. Non-Waiver. The failure of CDSSCorp.com
WebHosting to require performance by the Registrant of any provision hereof
shall not affect the full right to require such performance at any time
thereafter; nor shall the waiver by CDSSCorp.com WebHosting of a breach of
any provision hereof be taken or held to be a waiver of the provision itself. 20. Notices. Any notice, direction or other
communication given under this Agreement shall be in writing and given by
sending it via e-mail or via regular mail. In the case of e-mail, valid
notice shall only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender, in the case of
notice to us to Info@CDSSCorp.com. Mail shall be sent to: Computer
Development Services and Supply Corporation, 119 Rockland Center, No. 278,
Nanuet, NY 10954-2954, and to you at the mailing address provided in your
application or as updated from time to time. Any e-mail communication shall
be deemed to have validly and effectively given on the date of such
communication, if such date is a business day and such delivery was made
prior to 3:00 p.m. EST and otherwise on the next business day. Any
communication sent via regular mail shall be deemed to have been validly and
effectively given 5 business days after the date of mailing. 21. Entirety. You agree that this
Agreement, the rules and policies published by CDSSCorp.com WebHosting and
the Dispute Policy are the complete and exclusive agreement between you and
us regarding our CDSSCorp.com WebHosting services. This Agreement and the Dispute
Policy supersede all prior agreements and understandings, whether established
by custom, practice, policy or precedent. 22. Governing Law. You agree that this
Agreement shall be governed in all respects by and interpreted in accordance
with the laws of the State of Illinois and the federal laws of the Unites
States of America applicable therein without reference to rules governing
choice of laws. Any action relating to this agreement must be brought in the
County of DuPage courts located in DuPage County, Illinois and you
irrevocably consent to the jurisdiction of such courts. 23. Infancy. You attest that you are of
legal age to enter into this Agreement. 24. Acceptance of agreement. You
acknowledge that you have read this agreement and agree to all its terms and
conditions. You have independently evaluated the desirability of
participating in the affiliate network and are not relying on any
representation, guarantee or statement other than as set forth in this
agreement. Uniform Domain Name Dispute Resolution Policy (As
Approved by ICANN on October 24, 1999) 1. Purpose. This Uniform Domain Name
Dispute Resolution Policy (the "Policy") has been adopted by the
Internet Corporation for Assigned Names and Numbers ("ICANN"), is
incorporated by reference into your Registration Agreement, and sets forth
the terms and conditions in connection with a dispute between you and any
party other than us (Computer Development Services and Supply Corporation)
over the registration and use of an Internet domain name registered by you.
Proceedings under Paragraph 4 of this Policy will be conducted according to
the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules
of Procedure"), and the selected administrative-dispute-resolution
service provider's supplemental rules. 2. Your Representations. By applying to
register a domain name, or by asking us to maintain or renew a domain name
registration, you hereby represent and warrant to us that (a) the statements
that you made in your Registration Agreement are complete and accurate; (b)
to your knowledge, the registration of the domain name will not infringe upon
or otherwise violate the rights of any third party; (c) you are not
registering the domain name for an unlawful purpose; and (d) you will not
knowingly use the domain name in violation of any applicable laws or
regulations. It is your responsibility to determine whether your domain name
registration infringes or violates someone else's rights. 3. Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain name
registrations under the following circumstances: a. subject to the provisions
of Paragraph 8, our receipt of written or appropriate electronic instructions
from you or your authorized agent to take such action; b. our receipt of an
order from a court or arbitral tribunal, in each case of competent
jurisdiction, requiring such action; and/or c. our receipt of a decision of
an Administrative Panel requiring such action in any administrative
proceeding to which you were a party and which was conducted under this
Policy or a later version of this Policy adopted by ICANN. (See Paragraph
4(i) and (k) below.) We may also cancel, transfer or otherwise make changes
to a domain name registration in accordance with the terms of your
Registration Agreement or other legal requirements. 4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to
submit to a mandatory administrative proceeding. These proceedings will be conducted
before one of the administrative-dispute-resolution service providers listed
at http://www.icann.org/udrp/approved-providers.htm (each, a
"Provider"). a. Applicable Disputes. You are required to submit to
a mandatory administrative proceeding in the event that a third party (a
"complainant") asserts to the applicable Provider, in compliance
with the Rules of Procedure, that (i) your domain name is identical or
confusingly similar to a trademark or service mark in which the complainant has
rights; and (ii) you have no rights or legitimate interests in respect of the
domain name; and (iii) your domain name has been registered and is being used
in bad faith. In the administrative proceeding, the complainant must prove
that each of these three elements are present. b. Evidence of Registration
and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following
circumstances, in particular but without limitation, if found by the Panel to
be present, shall be evidence of the registration and use of a domain name in
bad faith: (i) circumstances indicating that you have registered or you have
acquired the domain name primarily for the purpose of selling, renting, or
otherwise transferring the domain name registration to the complainant who is
the owner of the trademark or service mark or to a competitor of that
complainant, for valuable consideration in excess of your documented
out-of-pocket costs directly related to the domain name; or (ii) you have
registered the domain name in order to prevent the owner of the trademark or
service mark from reflecting the mark in a corresponding domain name,
provided that you have engaged in a pattern of such conduct; or (iii) you
have registered the domain name primarily for the purpose of disrupting the
business of a competitor; or (iv) by using the domain name, you have
intentionally attempted to attract, for commercial gain, Internet users to
your web site or other on-line location, by creating a likelihood of
confusion with the complainant's mark as to the source, sponsorship,
affiliation, or endorsement of your web site or location or of a product or
service on your web site or location. c. How to Demonstrate Your Rights to
and Legitimate Interests in the Domain Name in Responding to a Complaint.
When you receive a complaint, you should refer to Paragraph 5 of the Rules of
Procedure in determining how your response should be prepared. Any of the
following circumstances, in particular but without limitation, if found by
the Panel to be proved based on its evaluation of all evidence presented,
shall demonstrate your rights or legitimate interests to the domain name for
purposes of Paragraph 4(a)(ii): (i) before any notice to you of the dispute,
your use of, or demonstrable preparations to use, the domain name or a name
corresponding to the domain name in connection with a bona fide offering of
goods or services; or (ii) you (as an individual, business, or other
organization) have been commonly known by the domain name, even if you have
acquired no trademark or service mark rights; or (iii) you are making a
legitimate noncommercial or fair use of the domain name, without intent for
commercial gain to misleadingly divert consumers or to tarnish the trademark
or service mark at issue. d. Selection of Provider. The complainant shall
select the Provider from among those approved by ICANN by submitting the
complaint to that Provider. The selected Provider will administer the
proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative
Panel. The Rules of Procedure state the process for initiating and conducting
a proceeding and for appointing the panel that will decide the dispute (the
"Administrative Panel"). f. Consolidation. In the event of multiple
disputes between you and a complainant, either you or the complainant may
petition to consolidate the disputes before a single Administrative Panel.
This petition shall be made to the first Administrative Panel appointed to
hear a pending dispute between the parties. This Administrative Panel may
consolidate before it any or all such disputes in its sole discretion,
provided that the disputes being consolidated are governed by this Policy or
a later version of this Policy adopted by ICANN. g. Fees. All fees charged by
a Provider in connection with any dispute before an Administrative Panel
pursuant to this Policy shall be paid by the complainant, except in cases
where you elect to expand the Administrative Panel from one to three
panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in
which case all fees will be split evenly by you and the complainant. h. Our
Involvement in Administrative Proceedings. We do not, and will not,
participate in the administration or conduct of any proceeding before an
Administrative Panel. In addition, we will not be liable as a result of any
decisions rendered by the Administrative Panel. i. Remedies. The remedies
available to a complainant pursuant to any proceeding before an
Administrative Panel shall be limited to requiring the cancellation of your
domain name or the transfer of your domain name registration to the
complainant. j. Notification and Publication. The Provider shall notify us of
any decision made by an Administrative Panel with respect to a domain name
you have registered with us. All decisions under this Policy will be
published in full over the Internet, except when an Administrative Panel
determines in an exceptional case to redact portions of its decision. k.
Availability of Court Proceedings. The mandatory administrative proceeding
requirements set forth in Paragraph 4 shall not prevent either you or the
complainant from submitting the dispute to a court of competent jurisdiction
for independent resolution before such mandatory administrative proceeding is
commenced or after such proceeding is concluded. If an Administrative Panel
decides that your domain name registration should be canceled or transferred,
we will wait ten (10) business days (as observed in the location of our principal
office) after we are informed by the applicable Provider of the
Administrative Panel's decision before implementing that decision. We will
then implement the decision unless we have received from you during that ten
(10) business day period official documentation (such as a copy of a
complaint, file-stamped by the clerk of the court) that you have commenced a
lawsuit against the complainant in a jurisdiction to which the complainant
has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In
general, that jurisdiction is either the location of our principal office or
of your address as shown in our Whois database. See Paragraphs 1 and
3(b)(xiii) of the Rules of Procedure for details.) If we receive such
documentation within the ten (10) business day period, we will not implement
the Administrative Panel's decision, and we will take no further action,
until we receive (i) evidence satisfactory to us of a resolution between the
parties; (ii) evidence satisfactory to us that your lawsuit has been
dismissed or withdrawn; or (iii) a copy of an order from such court
dismissing your lawsuit or ordering that you do not have the right to
continue to use your domain name. 5. All Other Disputes and Litigation. All
other disputes between you and any party other than us regarding your domain
name registration that are not brought pursuant to the mandatory
administrative proceeding provisions of Paragraph 4 shall be resolved between
you and such other party through any court, arbitration or other proceeding
that may be available. 6. Our Involvement in Disputes. We will not
participate in any way in any dispute between you and any party other than us
regarding the registration and use of your domain name. You shall not name us
as a party or otherwise include us in any such proceeding. In the event that
we are named as a party in any such proceeding, we reserve the right to raise
any and all defenses deemed appropriate, and to take any other action
necessary to defend ourselves. 7. Maintaining the Status Quo. We will not
cancel, transfer, activate, deactivate, or otherwise change the status of any
domain name registration under this Policy except as provided in Paragraph 3
above. 8. Transfers During a Dispute. a. Transfers
of a Domain Name to a New Holder. You may not transfer your domain name
registration to another holder (i) during a pending administrative proceeding
brought pursuant to Paragraph 4 or for a period of fifteen (15) business days
(as observed in the location of our principal place of business) after such
proceeding is concluded; or (ii) during a pending court proceeding or
arbitration commenced regarding your domain name unless the party to whom the
domain name registration is being transferred agrees, in writing, to be bound
by the decision of the court or arbitrator. We reserve the right to cancel
any transfer of a domain name registration to another holder that is made in
violation of this subparagraph. b. Changing Registrars. You may not transfer
your domain name registration to another registrar during a pending
administrative proceeding brought pursuant to Paragraph 4 or for a period of
fifteen (15) business days (as observed in the location of our principal
place of business) after such proceeding is concluded. You may transfer
administration of your domain name registration to another registrar during a
pending court action or arbitration, provided that the domain name you have
registered with us shall continue to be subject to the proceedings commenced
against you in accordance with the terms of this Policy. In the event that
you transfer a domain name registration to us during the pendency of a court
action or arbitration, such dispute shall remain subject to the domain name
dispute policy of the registrar from which the domain name registration was
transferred. 9. Policy Modifications. We reserve the
right to modify this Policy at any time with the permission of ICANN. We will
post our revised Policy at at least thirty (30) calendar days before it
becomes effective. Unless this Policy has already been invoked by the
submission of a complaint to a Provider, in which event the version of the
Policy in effect at the time it was invoked will apply to you until the
dispute is over, all such changes will be binding upon you with respect to any
domain name registration dispute, whether the dispute arose before, on or
after the effective date of our change. In the event that you object to a
change in this Policy, your sole remedy is to cancel your domain name
registration with us, provided that you will not be entitled to a refund of
any fees you paid to us. The revised Policy will apply to you until you
cancel your domain name registration. |
|
Domain Name Registration Agreement for .info Domain Names Form of Registration Agreement 119 Rockland Center, No. 278 Nanuet, NY 10954-2954
|