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SERVICE AGREEMENT
This Service Agreement ("Agreement")
sets forth the terms and conditions of your use of various
services of 15domains.com. By requesting
services from 15domains.com, you represent that you have read
and agreed to be bound by all terms and conditions of this
Agreement, including the Dispute Policy, and any rules or
policies that are or may be published by 15domains.com. 15domains.com is an accredited registrar with the Internet Corporation
for Assigned Names and Numbers ("ICANN") under an agreement
between 15domains.com and ICANN ("ICANN Agreement"). You acknowledge
that 15domains.com may modify this Agreement if necessary
to comply with its ICANN Agreement, or as otherwise provided
herein. In this Agreement, "you" and "your" refer to the
party requesting services from 15domains.com, and "we", "us"
and "our" refer to 15domains.com.
1. Dispute Policy
You agree to be bound by
the current 15domains.com Domain Name Dispute Policy ("Dispute
Policy") which is incorporated into this Agreement by reference.
The Dispute Policy can be found at http://www.15domains.com/dispute.html.
Any disputes regarding the right to use your domain name
will be subject to the Dispute Policy. 15domains.com may modify
the Dispute Policy in its sole discretion at any time. Your
continued designation of 15domains.com as the registrar of
your domain name after modification to the Dispute Policy
becomes effective constitutes your acceptance of those modifications.
You agree that you will be subject to the provisions specified
in the Dispute Policy in effect at the time a third party
challenges your domain name.
2. Use of Your Information
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As part of the registration
process, you are required to provide 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)
the IP addresses of the primary nameserver and any secondary
nameservers for the domain name; (iv) the corresponding
names of those nameservers; (v) the full name, postal address,
e-mail address, voice telephone number, and fax number if
available of the technical contact for the domain name;
(vi) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative
contact for the domain name; (vii) the name, postal address,
e-mail address, voice telephone number, and fax number if
available of the zone contact for the domain name; and (viii)
any remark concerning the registered domain name that should
appear in the Whois data.
You acknowledge that willfully
providing inaccurate information or willfully failing to
update information promptly will constitute a material breach
of this Agreement and will be a basis for cancellation of
your domain name. If you license use of a domain name to
a third party, you are nonetheless the holder of record
of the domain name and are responsible for providing your
own full contact information and for providing and updating
accurate technical, administrative, and zone contact information.
In the event that, in registering the domain name, you are
providing information about a third party, or license your
domain name registration to a third party, you hereby represent
and warrant that you have (a) provided notice to that third
party of the disclosure and use of that party's information
as set forth in this Agreement, and (b) that you have obtained
that third party's express consent to the disclosure and
use of that party's information as set forth in this Agreement.
You acknowledge and agree
that 15domains.com will make the registration information
that you provide or that we otherwise maintain available
to ICANN, the registry administrator(s) and to such other
parties as ICANN or applicable laws may require or permit.
You further agree that we may make publically available,
or directly available to third party vendors, some, or all,
of the domain name registration information you provide,
for purposes of inspection (such as through our WHOIS service)
or for targeted marketing and other purposes as required
or permitted by ICANN and applicable laws.
Additionally, you acknowledge
that ICANN may establish guidelines, limits and/or requirements
that relate to the amount and type of information that we
may or must make available to the public or to private entities,
and the manner in which such information is made available.
You hereby consent to any
and all such disclosures and use of, and guidelines, limits
and restrictions on disclosure or use of, information provided
by you in connection with the registration of a domain name
(including any updates to such information), whether during
or after the term of your registration of the domain name.
You hereby irrevocably waive any and all claims and causes
of action you may have arising from such disclosure or use
of your domain name registration information by us.
You may access your domain
name registration information in 15domains.com’s possession
to review, modify or update such information, by accessing
our domain manager service or profile manager service, or
similar service, made available at our Web site.
We will not process data
about any identified or identifiable natural person that
we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
We will take reasonable precautions
to protect the information it obtains from you from our
loss, misuse, unauthorized access or disclosure or use,
or alteration or destruction, of that information. 15domains.com shall have no liability to you or any third party to
the extent such reasonable precautions are taken.
3. Use Policies
You agree to use your domain
name only in accordance with applicable laws.
4. Fees
As consideration for the
services provided to you by 15domains.com, you agree to pay
to 15domains.com the applicable fees for such services. With
respect to domain name registration and related services,
if at any time any fees or other charges payable to the
registry for a domain name registered by 15domains.com on
your behalf, or fees or other charges payable to ICANN or
any other regulatory body on account of such domain name,
shall increase, or any additional fee, tax or charge shall
become due and payable to any third party related to a domain
name registered by 15domains.com on your behalf, fees payable
by you to 15domains.com under this Registration Agreement
will increase by such amount. All fees are non-refundable.
You will be notified when renewal fees are due. Should these
fees go unpaid by the time specified in the renewal notice,
15domains.com shall have the right to cancel your registration
and delete your domain name. Unless otherwise agreed, payment
shall be made by credit card and your domain name will not
be registered unless we receive appropriate authorization
from your credit card company. You agree that 15domains.com
shall have the exclusive right to act as registrar of your
domain name for the initial term of registration plus one
(1) year of renewal (but only if you renew the registration
of the domain name), and only if the renewal fee charged
by 15domains.com for the renewal term does not exceed the
annual registration fee for the initial registration, exclusive
of promotional discounts, plus any increase in fees charged
by the registry, ICANN or any other regulatory body.
In the event of a charge
back by a credit card company (or similar action by another
payment provider allowed by us) in connection with the payments
of the registration or renewal fee for your domain name
registration, you agree and acknowledge that the domain
name registration shall be transferred to 15domains.com as
the paying entity for that registration to the registry
and that we reserve all rights regarding such domain name
including, without limitation, the right to make the domain
name available to other parties for purchase. We will reinstate
your domain name registration solely at our discretion,
and subject to our receipt of the initial registration or
renewal fee and our then-current reinstatement fee, currently
set at US$200.
5. Agents and Licenses
You agree that if your domain
name is registered on your behalf by anyone acting as your
agent (e.g., an Internet Service Provider, employee, etc.),
you are nonetheless bound as a principal by all terms and
conditions provided herein, including the Dispute Policy.
You agree that if you license
the use of your domain name to a third party, you re-main
the domain name holder, and remain responsible for all obligations
under this Agreement.
6. Limitation of Liability
YOU AGREE THAT 15domains.com
WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS
THAT MAY OCCUR DUE TO (A) ANY LOSS OF REGISTRATION OF A
DOMAIN NAME, (B) THE USE OF YOUR DOMAIN NAME, (C) ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO 15domains.com’S REGISTRATION
SYSTEM; (D) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN
YOU AND 15domains.com; (E) EVENTS BEYOND P15domains.com'S REASONABLE
CONTROL; (F) THE PROCESSING OF YOUR APPLICATION; (G) THE
PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED
WITH YOUR DOMAIN NAME, (H) THE FAILURE OF YOU OR YOUR AGENT
TO PAY ANY FEES HEREUNDER; OR (I) THE APPLICATION OF THE
DISPUTE POLICY. FURTHER, 15domains.com 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 15domains.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL 15domains.com'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED
DOLLARS ($500.00 USD). 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.
7. Indemnity
You agree to defend, indemnify
and hold harmless 15domains.com, its affiliates and business
partners, and any applicable domain name registry, including
without limitation Network Solutions, Inc., and the directors,
officers, employees and agents of each of them, from and
against any and all claims, actions, losses, damages, expenses
and costs, including reasonable attorneys' fees and expenses,
arising out of or relating to (i) your domain name registration,
(ii) any breach by you of this Agreement, including the
Dispute Policy, or (iii) any third party claim, action,
or demand related to your domain name or the use thereof.
8. Representations and
Warranties
You represent that, to the
best of your knowledge and belief, neither the registration
of the domain name nor the manner in which it is directly
or indirectly used infringes the legal rights of a third
party. You represent and warrant that all information provided
by you in connection with your registration is complete
and accurate and that you have full capacity and authority
to enter into this Agreement. 15domains.com makes no representations
or warranties of any kind in connection with this Agreement.
15domains.com does not represent or warrant that registration
of your domain name will immunize you from challenges to
your domain name.
9. Breach and Revocation
You must remedy any breach
of your obligations under this Agreement within 30 days
after notice by 15domains.com. If you fail to cure the breach
within such period, 15domains.com shall have the right in
its sole discretion to delete, revoke, suspend, transfer
or otherwise modify your registration of the domain name.
You further acknowledge and
agree that your registration of a domain name is subject
to suspension, cancellation or transfer by any ICANN adopted
policy, or pursuant to any registrar or registry administrator
procedures not inconsistent with an ICANN-adopted policy,
(1) to correct mistakes by 15domains.com, another registrar
or the registry administrator in registering the name or
(2) for the resolution of disputes concerning the domain
name.
You also agree that 15domains.com shall have the right in its sole discretion to delete,
revoke, suspend, transfer or otherwise modify a domain name
registration at such time as 15domains.com receives a properly
authenticated order from a court of competent jurisdiction,
or arbitration award, requiring the deletion, revocation,
suspension, transfer or modification of the domain name
registration.
10. Right of Refusal
15domains.com use (i) to register
or reserve your chosen domain name and (ii) to provide any
other service requested. Further, 15domains.com reserves the
right to delete your domain name within thirty (30) days
after receipt by 15domains.com of payment for such services,
or the date of registration of your domain name, if later.
In the event that we do not register or reserve your domain
name or provide other requested services, or we delete your
domain name within such thirty (30) day period, we agree
to refund your applicable fees paid. You agree that 15domains.com shall not be liable to you for any loss or damages
that may result from our refusal to provide any such services,
or the deletion of your domain name.
11. Governing Law
This Agreement, your rights
and obligations and all actions contemplated by this Agreement
shall be governed by the laws of the United States of America
and the Commonwealth of Pennsylvania, as if the Agreement
was a contract wholly entered into and wholly performed
within the Commonwealth of Pennsylvania. Any action to enforce
this Agreement or any matter relating to your use of the
15domains.com site shall be brought exclusively in the United
States District Court for the Eastern District of Pennsylvania
or in the state courts of Northampton County, Pennsylvania.
Notwithstanding the foregoing, for the adjudication of disputes
concerning or arising from use of domain names registered
hereunder, you shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction
of the courts (a) of the domain name holder's domicile,
and (b) where 15domains.com’s headquarters are located, currently
Northampton County, Pennsylvania.
12. Modifications to Agreement
During the term of this Agreement,
you agree that 15domains.com may revise, amend or modify the
terms and conditions of this Agreement, including the Dispute
Policy. Any such change will be binding and effective immediately
on the date on which the revised Agreement is posted on
our web site at http://www.15domains.com/agreement.html,
or on which notification of such changes is sent to you
by e-mail or United States mail, as applicable. You agree
to review 15domains.com’s web site periodically to keep track
of any such changes to the Agreement. Such changes will
remain binding on you until such time as 15domains.com is
no longer the registrar of your domain name. If any such
change constitutes a materially adverse change to you, you
may change the term of this Agreement.
Except as otherwise expressly
provided above, no provision of this Agreement, including
the Dispute Policy, may be amended or modified by you except
by means of a written document signed by 15domains.com.
13. General
This Agreement, including
without limitation the fee schedule and the Dispute Policy,
together with all amendments or modifications to any of
them, constitutes the complete and exclusive agreement between
you and 15domains.com, and supersedes and governs all prior
proposals, agreements, or other communications.
If your domain name is parked
on 15domains.com's servers but not in active use, you agree
that 15domains.com may point such domain name to an under
construction or registered or reserved style page designated
by 15domains.com until you request otherwise.
Nothing contained in this
Agreement shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties. The
failure of 15domains.com to require your performance of any
provision hereof shall not affect the full right to require
such performance at any time thereafter; nor shall the waiver
by 15domains.com of a breach of any provision hereof be taken
or held to be a waiver of the provision itself. In the event
that any provision of this Agreement shall be unenforceable
or invalid under any applicable law or be so held by applicable
court decision, such unenforceability or invalidity shall
not render this Agreement unenforceable or invalid as a
whole. 15domains.com will amend or replace such provision
with one that is valid and enforceable and which achieves,
to the extent possible, the original objectives and intent
of 15domains.com as reflected in the original provision. All
provisions of this Agreement shall survive the termination
or other expiration of this Agreement
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