RegisterGator.Com Universal Terms of Service for RegisterGator.Com Software and Services |
|
This Agreement ("Agreement") is by and between RegisterGator.Com , Inc.
(" RegisterGator.Com ") an Arizona Corporation and You, Your heirs,
agents, successors and assigns ("You"), and is made effective as of the
date of electronic execution. This Agreement sets forth the terms and
conditions of Your use of RegisterGator.Com software (“Software”) and
services (“Services”) and explains RegisterGator.Com ’s obligations to
You and Your obligations to RegisterGator.Com in relation to the
Software and Services You purchase. This Agreement as
well as any additional RegisterGator.Com policies, together with all
modifications thereto, constitute the complete and exclusive agreement
between You and RegisterGator.Com concerning Your use of
RegisterGator.Com ’s Software and Services, and supersede and govern
all prior proposals, agreements, or other communications. All
RegisterGator.Com policies and agreements specific to particular
Software and Service are incorporated herein and made part of this
Agreement by reference, including the dispute policy
(“UDRP”). By purchasing RegisterGator.Com ’s Software or Services, You
acknowledge that You have read, understood, and agree to be bound by
all terms and conditions of this Agreement and any other policies or
agreements made part of this Agreement by reference, as well as any
new, different or additional terms, conditions or policies which
RegisterGator.Com may establish from time to time, and any agreements
that RegisterGator.Com is currently bound by or will be bound by in the
future. You may view the latest version of this Agreement online.
In addition to transactions entered into by You on Your behalf, You
also agree to be bound by the terms of this Agreement for transactions
entered into on Your behalf by anyone acting as Your Agent, and
transactions entered into by anyone who uses the account You've
established with RegisterGator.Com , whether or not the transactions
were in Your behalf. You acknowledge that RegisterGator.Com ’s
acceptance of any application made by You for Services provided by
RegisterGator.Com will take place at RegisterGator.Com ’s offices
located in Scottsdale, Arizona, USA. The General
Terms in Section A apply to all customers of RegisterGator.Com . The
Software and Services Specific Agreements incorporated in Section B
apply only to customers who have purchased those referenced Services. |
A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES
|
1. TERM OF AGREEMENT; MODIFICATIONS.
|
|
You agree that RegisterGator.Com may modify this Agreement and the
Services from time to time. You agree to be bound by any changes
RegisterGator.Com may reasonably make to this Agreement when such
changes are made. If You have purchased Services or Software from
RegisterGator.Com , the term of this Agreement shall continue in full
force and effect as long as You take advantage of and use the Software
or Services. In the event You terminate Your usage, RegisterGator.Com
will not refund any amounts You have paid. You agree that
RegisterGator.Com shall not be bound by any representations made by
third parties who You may use to purchase Services from
RegisterGator.Com , and that any statement of a general nature, which
may be posted on RegisterGator.Com ’s Web site or contained in
RegisterGator.Com ’s promotional materials, will not bind
RegisterGator.Com . RegisterGator.Com may, at times, offer certain
promotions with different charges and features. You
agree that You will be responsible for notifying RegisterGator.Com
should You desire to terminate Your use of RegisterGator.Com 's
Services. Notification of Your intent to terminate must be provided to
RegisterGator.Com no earlier than 10 days prior to Your billing date
but no later than three days prior to Your billing date. |
2. ACCURATE INFORMATION.
|
|
You agree to maintain accurate information by providing updates to
RegisterGator.Com , as needed, while You are using RegisterGator.Com ’s
Services. You agree You will notify RegisterGator.Com within five (5)
business days when any change of the information You provided as part
of the application and/or registration process changes. Failure by You,
for whatever reason, to respond within five (5) business days to any
inquiries made by RegisterGator.Com to determine the validity of
information provided by You will constitute a material breach of this
Agreement. You agree that RegisterGator.Com may use and
rely on any such information provided by You for all purposes in
connection with Your Services, subject to RegisterGator.Com ’s Privacy Policy
. If You provide any information that is inaccurate, not current,
false, misleading or incomplete, or if RegisterGator.Com has reasonable
grounds to suspect that Your information is inaccurate, not current,
false, misleading or incomplete, RegisterGator.Com has the absolute
right, in its sole discretion, to terminate its Services and close Your
account. |
3. PRIVACY.
|
| You can view RegisterGator.Com ’s Privacy Policy here
, which is incorporated herein by reference, as it is applicable to all
Company Software and Services. The Privacy Policy provides Your rights
and Company’s responsibilities with regard to Your personal
information. Company will not use Your information in any way
inconsistent with the purposes and limitations provided in the Privacy
Policy. |
4. ACCOUNT SECURITY.
|
|
You agree You are entirely responsible for maintaining the
confidentiality of Your password and account information. You agree You
are entirely responsible for any and all activities that occur under
Your account. You agree to notify RegisterGator.Com immediately of any
unauthorized use of Your account or any other breach of security. You
agree RegisterGator.Com will not be liable for any loss that You may
incur as a result of someone else using Your password or account,
either with or without Your knowledge. You further agree You could be
held liable for losses incurred by RegisterGator.Com or another party
due to someone else using Your account or password. For security
purposes, You should keep account access information in a secure
location and take precautions to prevent others from gaining access to
Your user name and password. You agree that You will be responsible for
all activity in Your account, whether initiated by You, or by others on
Your behalf, or by any other means. RegisterGator.Com specifically
disclaims liability for any activity in Your account, whether
authorized by You or not. |
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
|
|
As a condition of Your use of RegisterGator.Com ’s Software and
Services, You agree not to use them for any purpose that is unlawful or
prohibited by these terms and conditions, and You agree to comply with
any applicable local, state, federal and international laws, government
rules or requirements. You agree You will not be entitled to a refund
of any fees paid to RegisterGator.Com if, for any reason,
RegisterGator.Com takes corrective action with respect to Your improper
or illegal use of its Services. RegisterGator.Com
reserves the right at all times to disclose any information as
RegisterGator.Com deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part,
in RegisterGator.Com 's sole discretion. If You have
purchased Services, RegisterGator.Com has no obligation to monitor Your
use of the Services. RegisterGator.Com reserves the right to review
Your use of the Services and to cancel the Services in its sole
discretion. RegisterGator.Com reserves the right to terminate Your
access to the Services at any time, without notice, for any reason
whatsoever. RegisterGator.Com reserves the right to
terminate Services if Your usage of the Services results in, or is the
subject of, legal action or threatened legal action, against
RegisterGator.Com or any of its affiliates or partners, without
consideration for whether such legal action or threatened legal action
is eventually determined to be with or without merit. RegisterGator.Com
may review every account for excessive space and bandwidth utilization
and to terminate or apply additional fees to those accounts that exceed
allowed levels. RegisterGator.Com may also
cancel Your use of the Services, after thirty (30) days, if You are
using the Services in association with spam or morally objectionable
activities. Morally objectionable activities will include, but not be
limited to: activities designed to defame, embarrass, harm, abuse,
threaten, slander or harass third parties; activities prohibited by the
laws of the United States and/or foreign territories in which You
conduct business; activities designed to encourage unlawful behavior by
others, such as hate crimes, terrorism and child pornography;
activities that are tortious, vulgar, obscene, invasive of the privacy
of a third party, racially, ethnically, or otherwise objectionable;
activities designed to impersonate the identity of a third party;
illegal access to other computers or networks (i.e., hacking);
distribution of Internet viruses or similar destructive activities; and
activities designed to harm minors in any way. In the event
RegisterGator.Com cancels Your Services during the first thirty (30)
days after You purchase the Services, You will receive a refund of any
fees paid to RegisterGator.Com in connection with the Services being
canceled. In the event RegisterGator.Com deletes Your Services because
they are being used in association with spam or morally objectionable
activities, no refund will be issued. You agree You will not be
entitled to a refund of any fees paid to RegisterGator.Com if, for any
reason, RegisterGator.Com takes corrective action with respect to Your
improper or illegal use of its Services. |
6. NO SPAM; LIQUIDATED DAMAGES.
|
|
You agree RegisterGator.Com may immediately terminate any account which
it believes, in its sole discretion, is transmitting or is otherwise
connected with any spam or other unsolicited bulk email. In addition,
if actual damages cannot be reasonably calculated then You agree to pay
RegisterGator.Com liquidated damages of $1 for each piece of spam or
unsolicited bulk email transmitted from or otherwise connected with
Your account, otherwise You agree to pay RegisterGator.Com 's actual
damages. You acknowledge You have read and understand and agree to be
bound by the terms and conditions of RegisterGator.Com ’s Anti-spam
Policy, available here . Such terms and conditions are applicable to
the use of all RegisterGator.Com Software and Services and are
incorporated herein. |
7. INTELLECTUAL PROPERTY.
|
|
You agree that RegisterGator.Com holds all rights, title and interest
in all Software and Services and all intellectual property, including
other rights related to intangible property, unless otherwise
indicated. You acknowledge that no title or interest to
RegisterGator.Com ’s Intellectual Property Rights is transferred to You
and You agree to make no claim of interest in any RegisterGator.Com
Services or Software. You understand and agree that all
content and materials contained in this Agreement, other policies, the
RegisterGator.Com Web site, and any affiliated Web sites, are protected
by the various copyright, patent, trademark, service mark and trade
secret laws of the United States, as well as any other applicable
proprietary rights and laws, and that RegisterGator.Com expressly
reserves its rights in and to all such content and materials. You
further understand and agree that You are prohibited from using, in any
manner whatsoever, any of the content or materials described above
without the express written permission of RegisterGator.Com . No
license or right under any copyright, patent, trademark, service mark
or other proprietary right or license is granted to You or conferred
upon You by this Agreement or otherwise. |
8. USE OF RegisterGator.Com SOFTWARE.
|
|
If You have licensed software from RegisterGator.Com ,
RegisterGator.Com grants You a limited, non-exclusive, nontransferable
and non-assignable license to use the software for such purposes as are
ordinary and customary. You are free to use the software on any
computer, but not on two or more computers at one time.
You agree to not alter or modify the Software. You agree You are not
authorized to combine the Software with any other software program,
create derivative works based upon the Software, nor are You authorized
to integrate any plug-in or enhancement which uses or relies upon the
Software. You further agree not to reverse engineer, decompile or
otherwise attempt to uncover the source code.
RegisterGator.Com reserves all rights to the Software. The Software and
any copies You are authorized to make are the intellectual property of
RegisterGator.Com . The source code and its organization are the
exclusive property of RegisterGator.Com and the Software is protected
by copyright, including United States Copyright Law. Except as
expressly provided for in this section, this Agreement does not grant
You any rights in the Software and all rights are reserved by
RegisterGator.Com . RegisterGator.Com provides this
Software “as is” without warranty of any kind either express or
implied, including but not limited to the implied warranties or
conditions of merchantability or fitness for a particular purpose. |
9. FEES AND PAYMENT.
|
|
As consideration for the Software or Services purchased by You and
provided to You by RegisterGator.Com , You agree to pay
RegisterGator.Com at the time You order. All fees are due immediately
and are non-refundable unless otherwise expressly noted, even if Your
Services are suspended, terminated, or transferred prior to the end of
the Services term. RegisterGator.Com expressly reserves the right to
modify pricing through email notification and/or notice on its Web
site. Payment may be made by You by providing either a valid credit
card, an online check, a personal check , or using RegisterGator.Com ’s
prepaid service Good as Gold, (“Prepaid Services”) to establish a cash
reserve for charge by RegisterGator.Com (collectively, the "Payment
Method"). Your Prepaid Services account may be funded by a money order
or a personal check under as further described, below.
If You signed up for a monthly payment plan, Your monthly billing date
will be determined based on the day of the month You purchase the
Services unless that date falls after the 28th of the month in which
case Your billing date will be the 28th of each month. If You signed up
for an annual (or longer) payment plan, and You elected the automatic
renewal option, RegisterGator.Com will automatically renew Your
Services when they come up for renewal and will take payment from the
Payment Method You have on file with RegisterGator.Com , at
RegisterGator.Com 's then current rates. If for any
reason RegisterGator.Com is unable to charge Your Payment Method for
the full amount owed RegisterGator.Com for the Services provided, or if
RegisterGator.Com is charged a penalty for any fee it previously
charged to Your Payment Method, You agree that RegisterGator.Com may
pursue all available remedies in order to obtain payment. If You pay by
credit card and if for any reason RegisterGator.Com is unable to charge
Your credit card with the full amount of the Services provided, or if
RegisterGator.Com is charged back for any fee it previously charged to
the credit card You provided, You agree that RegisterGator.Com may
pursue all available remedies in order to obtain payment. You agree
that among the remedies RegisterGator.Com may pursue in order to effect
payment, shall include but will not be limited to, immediate
cancellation without notice to You of any domain names or Services
registered or renewed on Your behalf. RegisterGator.Com reserves the
right to charge a reasonable administrative fee for administrative
tasks outside the scope of its regular Services, including additional
costs that it may incur in providing the Services and pass along to
You. These include, but are not limited to, customer service issues
that cannot be handled over email but require personal service, fees
incurred by third parties You have elected to use as payment methods,
including PayPal and Certegy, Inc., and disputes that require legal
services. These charges will be billed to the Payment Method we have on
file for You. You may change Your Payment Method at any time by logging
into Your Account Manager.
You agree that You are solely liable for arranging that Your Services
are renewed, and that RegisterGator.Com shall not be liable to You or
any third party if it is unable to charge Your Payment Method in order
to renew Your Services. |
A. Good as Gold Prepaid Services
|
| Service Details.
By using RegisterGator.Com ’s Prepaid Services, You can transfer funds
to RegisterGator.Com in advance and use the balance of Your Prepaid
Services Account ("Account") as You please. You can use Your Account to
purchase any of the Software or Services of RegisterGator.Com . As
consideration for the Services purchased by You and provided to You by
RegisterGator.Com , You agree to pay RegisterGator.Com in advance for
the Services to be provided. Payment is to be made by You providing
either a valid credit card, wire transfer, a money order, or personal
check. Personal checks may only be used for payments of $100 or more,
and may not be made for less than the amount required at purchase.
Personal checks under $1,000 are subject to the same processing fees as
wire transfers. All personal checks will be delayed fourteen (14) days
until the money is credited, which may delay Your usage of the Software
or Services. You agree that if the EFT or bank draft is returned
unpaid, You will pay a service charge of $25.00 or the maximum amount
allowed by law, which may be debited from Your account using an EFT or
bank draft. You can verify the remaining funds in
Your Account at any time by logging in to Manage Your Account or
through the shopping cart on the RegisterGator.Com Web site. Should You
decide to terminate Your Account and seek a refund of Your Prepaid
Services, Your refund will be made by check net of any discounts,
including, but not limited to, reduced or waived wire transfer fees
and/or the Cash Discount. You acknowledge that
funds transferred to Your Account will be held in an account by
RegisterGator.Com , which will not accrue or pay interest for Your
benefit. To the extent interest may accrue, if any, You understand and
agree that RegisterGator.Com shall be entitled to receive and keep any
such amounts to cover costs associated with the Prepaid Services.
You acknowledge that all transactions using Prepaid Services will be
conducted in U.S. Dollars and that it is Your responsibility to arrange
for foreign currency translations prior to funding Your Account. Wire
transfers received by RegisterGator.Com in foreign currencies will be
returned and You will be responsible for the cost of returning such
funds. Your Account must be funded on an initial basis with no less
than one hundred dollars ($100.00), paid in U.S. funds. You agree that
You will be responsible for all wire transfer fees, both incoming and
outgoing, associated with Your Account. Any non-U.S. wire transfers may
be subject to fees by either Your bank, intermediary banks or
RegisterGator.Com ’s bank, which may reduce the amount of the money
received by RegisterGator.Com ’s bank and subsequently funded into Your
Prepaid Good as Gold Account. Customers funding a Good as Gold Account
who wire $1,000 or more shall not be subject to a $20 wire transfer
processing fee from RegisterGator.Com . You hereby expressly give
RegisterGator.Com permission to reduce Your Account by the amount of
wire transfer fees RegisterGator.Com incurs in order to receive Your
funds. All fees are subject to change and will be updated online in
this Agreement. Prepaid Services Accounts will
receive a 2% discount on purchases (the "Cash Discount"). The Cash
Discount will be reflected in Your Account balance. Thus, purchases
will reduce the balance of Your Account by 98% of the total purchase
price of each transaction. For example, if Your Account is funded with
an initial amount of $100.00 and You make a $10.00 purchase, Your
Account will be reduced by only $9.80. RegisterGator.Com reserves the
right to discontinue or change the Cash Discount at any time, without
notice. Your Use of Prepaid Services
Use of funds in Your Account can only be made through the
RegisterGator.Com purchase process at RegisterGator.Com ’s Web site.
Purchases may not be made unless there are sufficient, available funds
in Your Account at the time of purchase to cover the entire purchase
amount, including any related fees as set forth herein or in other
relevant agreements. Additional funds may be added
to Your Account at any time. The minimum increment for funds transfers
is one hundred dollars ($100.00). You will be able
to access Your Account activity and records from the Manage Your
Account link on RegisterGator.Com ’s Web site. Your Account will show
purchases and the amount of funds remaining in Your Account.
RegisterGator.Com reserves the right at all times to disclose any
information about Your Account as RegisterGator.Com deems necessary to
satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part from Your Account, in the sole
discretion of RegisterGator.Com . Specific Representations and Warranties
You agree that RegisterGator.Com makes no representations or warranties
of any kind in connection with Prepaid Services. RegisterGator.Com
expressly reserves the right to deny, cancel or transfer any Account
that it deems necessary, in its discretion, to protect the integrity
and stability of the Prepaid Services system, 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
RegisterGator.Com , as well as its affiliates, subsidiaries, officers,
directors and employees. RegisterGator.Com also reserves the right to
freeze an Account during resolution of a dispute. |
B. Payment By Check
|
|
By using RegisterGator.Com ’s pay by check option (“Pay By Check”), You
can purchase RegisterGator.Com Software and Services using a personal
check. In consideration for the Software and Services purchased by You
and provided to You by RegisterGator.Com , You agree to allow Certegy
Check Services, Inc. ("Certegy") to debit the full amount of this
transaction from Your checking account, which is non-refundable.
Certegy will create an electronic funds transfer (EFT) or bank draft
which will be presented to Your bank or financial institution for
payment from Your checking account. The checking account must be at a
financial institution in the United States, and the check must be
payable in U.S. dollars. It is Your responsibility to
keep Your checking account current, and to have available funds in it.
You agree that Certegy and RegisterGator.Com will not be responsible
for payments that fail to go through as a result of Your checking
account no longer existing, or holding insufficient funds. If for any
reason Certegy is unable to withdraw the full amount owed for the
Services provided, You agree that Certegy and RegisterGator.Com may
pursue all available remedies in order to obtain payment. You agree
that if the EFT or bank draft is returned unpaid, You will pay a
service charge of $25.00 or the maximum amount allowed by law, which
may be debited from Your account using an EFT or bank draft.
The check may not be for less than the full amount required at that
time. Personal checks under $1,000 are subject to the same processing
fees as wire transfers. All personal checks may be delayed up to
fourteen (14) days until the money is credited, which may delay Your
usage of the Software or Services. By clicking the box
labeled “I agree” to the terms of the Pay by Check terms, You authorize
the information provided to be used for the creation of an electronic
funds transfer (EFT) or bank draft, and You authorize a debit of THE
FULL AMOUNT of this order from Your checking account. |
C. Pay by PayPal
|
|
By using RegisterGator.Com ’s pay by PayPal, Inc. (“PayPal”) option
(“Pay by PayPal”), You can purchase RegisterGator.Com Software and
Services using PayPal. In consideration for the Software and Services
purchased by You and provided to You by RegisterGator.Com , You agree
to allow PayPal to debit the full amount of this transaction from Your
PayPal account balance or the Preferred Funding Source You established
with PayPal, which is non-refundable. It is Your
responsibility to keep Your PayPal Account current, and to have
available funds in it. You agree that PayPal and RegisterGator.Com will
not be responsible for payments that fail to go through as a result of
Your Funding Source no longer existing, or holding insufficient funds.
If for any reason PayPal is unable to withdraw the full amount owed for
the Services provided, You agree that PayPal and RegisterGator.Com may
pursue all available remedies in order to obtain payment. You agree
that if the transaction is returned unpaid, You will pay a service
charge of $25.00 or the maximum amount allowed by law, which may be
debited from Your account by PayPal or charged to Your Preferred
Funding Source. By clicking the box labeled “I agree” to
the terms of the Pay by PayPal terms, You authorize the information
provided to be used for the creation of an electronic funds transfer
(EFT), and You authorize a debit of THE FULL AMOUNT of Your order from
Your PayPal Account or Preferred Funding Source. |
10. REPRESENTATIONS AND WARRANTIES.
|
|
You, or the individuals who electronically execute this Agreement on
behalf of You hereby represent and warrant that they have the right,
power, legal capacity and appropriate authority to enter into this
Agreement, and that they own and have not transferred to any other
person or entity any of the rights, claims or interests that are the
subject of this Agreement. You represent and warrant that You are 18
years of age or older, or that You have an agent authorized by law to
represent You who is 18 years of age or older who is entering into this
Agreement on Your behalf. You warrant that each action You make is
being done so in good faith and that You have no knowledge of it
infringing upon or conflicting with the legal rights of a third party
or a third party's trademark or trade name.
RegisterGator.Com expressly reserves the right to deny, cancel or
transfer any domain name 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
RegisterGator.Com , as well as its affiliates, subsidiaries, officers,
directors and employees. RegisterGator.Com also reserves the right to
freeze a domain name during resolution of a dispute. |
11. LIMITATION OF LIABILITY .
|
| IN NO EVENT SHALL RegisterGator.Com
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS
OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS
ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH
OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT
OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE
SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF
RegisterGator.Com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on
liability for damages as contained herein. In such states,
RegisterGator.Com ’s liability is limited to the full extent permitted
by law. You agree that in no event shall RegisterGator.Com ’s maximum
aggregate liability exceed the total amount paid by You for the
particular Software or Service in dispute purchased from
RegisterGator.Com . |
12. DISCLAIMER OF WARRANTIES .
|
|
RegisterGator.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. Services are provided on an "As Is" and "As
Available" basis. RegisterGator.Com makes no warranty that its services
will meet your requirements, or that the services will be
uninterrupted, timely, secure, or error free, or that defects will be
corrected. RegisterGator.Com does not warrant, nor make any
representations regarding the use, or results of, any of the services
it provides, in terms of their correctness, accuracy, reliability, or
otherwise. Some jurisdictions do not allow the disclaimer
of implied warranties, in which event that foregoing disclaimer may not
apply to You. |
13. INDEMNIFICATION.
|
|
You agree to defend, indemnify and hold harmless RegisterGator.Com and
its contractors, agents, employees, officers, directors, shareholders,
and affiliates from any loss, liability, damages or expense, including
reasonable attorneys' fees, resulting from any third party claim,
action, proceeding or demand related to Your (including Your agents
affiliates, or anyone using Your account, software or services with
RegisterGator.Com whether or not on Your behalf, and whether or not
with Your permission) use of the Software or Services You purchased
from RegisterGator.Com or Your breach of this Agreement or incorporated
agreements and policies. In addition, You agree to indemnify and hold
RegisterGator.Com harmless from any loss, liability, damages or
expense, including reasonable attorneys' fees, arising out of any
breach of any representation or warranty provided herein, any
negligence or willful misconduct by You, or any allegation that Your
account infringes a third person's copyright, trademark or proprietary
or intellectual property right, or misappropriates a third person's
trade secrets. This indemnification is in addition to any
indemnification required of You elsewhere. Should RegisterGator.Com be
notified of a pending law suit, or receive notice of the filing of a
law suit, RegisterGator.Com may seek a written confirmation from You
concerning Your obligation to indemnify RegisterGator.Com . Your
failure to provide such a confirmation may be considered a breach of
this agreement. You agree that RegisterGator.Com shall have the right
to participate in the defense of any such claim through counsel of its
own choosing. You agree to notify RegisterGator.Com of any such claim
promptly in writing and to allow RegisterGator.Com to control the
proceedings. You agree to cooperate fully with RegisterGator.Com during
such proceedings. You agree to cooperate fully with
RegisterGator.Com during such proceedings. You agree You will not be
entitled to a refund of any fees paid to RegisterGator.Com if, for any
reason, RegisterGator.Com takes corrective action with respect to Your
improper or illegal use of its services. You also agree that if
RegisterGator.Com is notified that a complaint has been filed with a
governmental, administrative or judicial body, regarding a Traffic
Facts account of Yours with RegisterGator.Com , that RegisterGator.Com
, in its sole discretion, may take whatever action RegisterGator.Com
deems necessary regarding further modification, assignment of and/or
control of your account to comply with the actions or requirements of
the governmental, administrative or judicial body until such time as
the dispute is settled. |
14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
|
|
This agreement shall be deemed entered into in the State of Arizona.
Except for disputes concerning the user of a domain name registered
with RegisterGator.Com , the laws and judicial decisions of Maricopa
County, Arizona, shall be used to determine the validity, construction,
interpretation and legal effect of this Agreement. You agree that any
action relating to or arising out of this Agreement shall be brought in
the courts of Maricopa County, Arizona. For the adjudication of
disputes concerning the use of any domain name registered with
RegisterGator.Com , You agree to submit to jurisdiction and venue in
the U.S. District Court for the District of Arizona located in Phoenix,
Arizona. You agree to waive the right to trial by jury in
any proceeding that takes place relating to or arising out of this
Agreement. |
15. NOTICES.
|
|
You agree that all notices (except for notices concerning breach of
this Agreement) from RegisterGator.Com to You may be posted on our Web
site. Notices concerning breach will be sent either to the email or
postal address You have on file with RegisterGator.Com . In either
case, delivery shall be deemed to have been made five (5) days after
the date sent. Notices from You to RegisterGator.Com
shall be made either by email, sent to the address provided on the
RegisterGator.Com Web site, or first class mail to RegisterGator.Com ’s
address at: RegisterGator.Com , Inc. Attn: Legal Counsel 14455 North Hayden Rd. Suite 219 Scottsdale, AZ 85260 |
16. HEADINGS.
|
|
The headings in the Agreement are descriptive only and in the event of
a conflict between a heading and the underlying terms of this
Agreement, the terms of this Agreement shall control. |
17. ENTIRE AGREEEMENT.
|
|
You agree that this Agreement including the policies and agreements it
refers to (i.e. our Dispute Resolution Policy, etc.) constitute the
complete and only Agreement between You and RegisterGator.Com regarding
the Services contemplated herein. |
18. SEVERABILITY.
|
|
You agree that the terms of this Agreement are severable. If any part
of this Agreement is determined to be unenforceable or invalid, that
part of the agreement will be interpreted in accordance with applicable
law as closely as possible, in line with the original intention of both
parties to the Agreement. The remaining terms and conditions of the
Agreement will remain in full force and effect. |
19. WAIVER.
|
|
The failure of RegisterGator.Com to enforce any of the provisions
within this Agreement or its incorporated agreements and policies
against You or others shall not be construed to be a waiver of the
right of RegisterGator.Com thereafter to enforce such provisions. |
20. FORCE MAJEURE.
|
|
RegisterGator.Com will make every effort to keep its Web site and
Services operational. However, certain technical difficulties and other
factors outside of its control may, from time to time, result in
temporary service interruptions. You agree not to hold
RegisterGator.Com liable for any of the consequences of such
interruptions. |
21. SURVIVAL.
|
|
Sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall
survive any termination or cancellation of this Agreement. |
22. NO THIRD PARTY BENEFICIARIES.
|
|
Nothing in this Agreement, express or implied, is intended to confer
upon any third party any rights, remedies, obligations, or liabilities
under or by reason of this Agreement, except as expressly provided in
this Agreement. |
B. SOFTWARE AND SERVICES SPECIFIC AGREEMENTS
|
|
If You purchase Services from RegisterGator.Com , the following
Software and Services specific agreements shall apply and are
incorporated within this Agreement in addition to Sections 1-21: Domain Names Back Ordering and Monitoring Agreement Change of Registrant Agreement ConsoliDate Domain Name Proxy Agreement Domain Registration Agreement Parked Page Service Agreement Transfer Agreement E-mail Email Services User Agreement WebMail End User License Agreement Web Site Hosting Dedicated Hosting Agreement Hosting and Virtual Service Agreement Web Site Creation One Page Web Site Website Tonight ® End User License Agreement Other Software and Services Express Email Marketing™ End User License Agreement Fax Thru Email TM End User License Agreement Merchant Accounts Online Copyright Registration End User Agreement Online File Folder End User License Agreement Quick Shopping Cart™ End User License Agreement StealthRay™ End User License Agreement Traffic Blazer® End User License Agreement Traffic Facts Service Agreement Policies Anti-Spam Policy Civil Subpoena Policy ICANN Transfer Dispute Resolution Policy Privacy Policy Trademark and/or Copyright Infringement Policy Uniform Domain Name Dispute Policy Permissions Policy |
Revised: 4/25/05
Copyright ©
2005
All Rights Reserved.
|
|