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Terms of Service
SERVICE AGREEMENT SERVICES This Service Agreement ("Agreement") applies to the purchase VERDIGRID and its affiliates (collectively, "VERDIGRID") of all services (collectively, the "Services") selected by Customer on the Order Form and the Domain Name Registration Form, as applicable, incorporated by reference and attached hereto, if any except that if Customer is also ordering collocation and/or web site production services, Customer is also required to sign the agreements specific to those services. VERDIGRID reserves the right to modify its network and facilities used to provide the Services for purposes including but not limited to accommodating evolving technology and increased network demand, and providing enhanced services. VERDIGRID shall use reasonable efforts to notify Customer of any planned changes to VERDIGRID's network or facilities that may adversely affect the Services provided hereunder. TERM This Agreement shall be for the term specified by Customer on the Order Form or Domain Name Registration Form, as applicable (the "Initial Term"). Except in the case of Hosting, this Agreement will be automatically renewed, at the end of the Initial Term, on a month to month, quarterly or annual basis unless either party provides sixty (60) days written notice to the other of termination of this Agreement prior to the end of the then current term. The Initial Term and all month to month extensions thereof are collectively referred to herein as the "Term" of this Agreement. BILLING AND PAYMENT Pricing: During the term of this Agreement, Customer shall pay the fees for the Services that are set forth on the Order Form and Domain Name Registration Form, as applicable. Such fees may include taxes, fees or assessments by governmental agencies and VERDIGRID shall have the right, at any time, to pass through and invoice to Customer any new or increased taxes, fees, assessments or other charges imposed on or required to be collected by VERDIGRID by any governmental agency. Terms Of Payment: Invoices are due and payable upon receipt. All payments shall be made in U.S. currency. Service Continuation After Initial Term: The fees set forth in the Order Form or Domain Name Registration Form are guaranteed during the Initial Term of this Agreement. If Customer continues to receive the Services after the Initial Term without entering into a new agreement or agreement extension, the fees charged after the Initial Term shall be at the then standard VERDIGRID rates for such services, without discount, determined month to month. Service Charge: Customer will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever Is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due. Suspension Or Interruption Of Service For Non-Payment: In the event Customer's account becomes past due, or is otherwise deemed insecure, VERDIGRID may, in its sole discretion, suspend, interrupt or disconnect the Services. In the event of such suspension, interruption or disconnection, Customer may be required to post a deposit or such other security, as VERDIGRID deems necessary in order to resume receiving the Services. In addition, if VERDIGRID in its sole discretion, deems Customer to be financially insecure, VERDIGRID may require such other action of Customer, including letters of credit, security deposit(s), restrictions on available credit or other action as VERDIGRID may require from time to time regardless of Customer’s then-current status or payment history. Failure to satisfy VERDIGRID's request for such action within timelines set by VERDIGRID may result in immediate termination of service without further notice. ACCEPTABLE USES Customer shall at all times adhere to the VERDIGRID Acceptable Use Policy located at www.verdigrid.com/aup as amended from time to time by VERDIGRID effective upon posting of the revised policy at the URL. Notwithstanding anything to the contrary contained herein, VERDIGRID may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by Customer of the VERDIGRID Acceptable Use Policy. In the event VERDIGRID takes corrective action due to a violation of the VERDIGRID Acceptable Use Policy, VERDIGRID shall not refund to Customer any fees paid in advance of such corrective action. CANCELLATION POLICY Customer may terminate this Agreement by giving VERDIGRID at least sixty (60) days prior written notice. However, Customer remains obligated to pay all amounts remaining in the Initial Term, and if VERDIGRID has purchased equipment on behalf of Customer, including but not limited to circuit and router, Customer shall assume responsibility for payments for such equipment, until paid in full. In order to terminate early, Customer’s primary contact person on the account should notify VERDIGRID of such request to do so. In the case of credit card orders, all termination requests should be signed by Customer’s primary contact person on the account who must provide the last four digits of the credit card on file with VERDIGRID. However, VERDIGRID shall not be liable for unauthorized termination of an account. Any termination by VERDIGRID or Customer shall not relieve Customer of any obligations to pay fees accrued prior to such termination. In the event that a Dial-up Customer primary account holder cancels service, service will be cancelled immediately, and the remainder of the monthly payment forfeited. VERDIGRID reserves the right to terminate this Agreement without cause prior to the end of the term upon sixty (60) days written notice to Customer. IP ADDRESS OWNERSHIP VERDIGRID shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by VERDIGRID and VERDIGRID reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. CACHING Customer expressly (i) grants to VERDIGRID a license to cache the entirety of Customer’s Web Site, including content supplied by third parties, hosted by VERDIGRID under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer intellectual property rights or any third party’s intellectual property rights. BANDWIDTH AND/OR DISK USAGE Customer agrees that bandwidth and/or disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. VERDIGRID shall monitor the customer’s usage. If bandwidth or disk usage exceeds the agreed upon number of megabytes per month, VERDIGRID, in its sole discretion, may assess additional standard charges, disconnect or discontinue any and all Services, or terminate this Agreement. In the event that VERDIGRID elects to take such action, Customer shall not be entitled to a refund of any fees paid in advance of such corrective action. EQUIPMENT VERDIGRID is acting only as a reseller and/or provider of any hardware, software, circuit and equipment (collectively, the "Equipment") offered under this Agreement that was manufactured by a third party. VERDIGRID shall not be responsible for any changes in Service(s) that cause Equipment to become obsolete, require modification or alteration, or otherwise affect the performance of the Service(s). Any malfunction or manufacturer’s defects of Equipment either sold or provided by VERDIGRID to Customer or purchased directly by Customer used in connection with the Service(s) will not be deemed a breach of VERDIGRID’s obligations under this Agreement. Any rights or remedies Customer may have regarding the performance or compliance of Equipment are limited to those rights extended to Customer by the manufacturer of such Equipment. Customer is entitled to use any Equipment supplied by VERDIGRID only in connection with Customer permitted use of the Service(s). Customer shall not resell, transfer, export or re-export any Equipment, or any technical data derived there from, in violation of any applicable United States or foreign law. DISCLAIMER OF WARRANTY Customer acknowledges and agrees that VERDIGRID exercises no control over, and accepts no responsibility for, the content of the information passing through VERDIGRID’s host computers, network hubs and points of presence (the "VERDIGRID Network") or the Internet. NEITHER VERDIGRID, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT VERDIGRID PROVIDES. NEITHER VERDIGRID, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. VERDIGRID IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CLIENTELE VIA THE SERVICE(S) PROVIDED BY VERDIGRID. INDEMNIFICATION Customer will indemnify, save harmless, and defend VERDIGRID and all directors, officers, employees, and agents of VERDIGRID (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to the use of the Services by Customer, including any violation of the VERDIGRID Acceptable Use Policy. Such claims shall include, but shall not be limited to, claims based upon trademark ,service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business. LIMITATION OF LIABILITY IN NO EVENT SHALL VERDIGRID BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF VERDIGRID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will VERDIGRID’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by Customer for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to Customer. In such jurisdictions, VERDIGRID’s liability (and the liability of its affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law. FORCE MAJEURE VERDIGRID shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. INTELLECTUAL PROPERTY Customer represents and warrants that Customer’s use of the Services shall not infringe the intellectual property or other proprietary rights of VERDIGRID or any third party. Customer further acknowledges that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of VERDIGRID (collectively, "VERDIGRID Intellectual Property") is vested in VERDIGRID and/or in VERDIGRID’s licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the VERDIGRID Intellectual Property. Customer may not copy, modify or translate the VERDIGRID Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the VERDIGRID Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, Customer is not authorized to distribute or to authorize others to distribute the VERDIGRID Intellectual Property in any manner without the prior written consent of VERDIGRID; provided, however, that nothing in this sentence would preclude Customer from using the VERDIGRID Intellectual Property as incorporated in the Services. This paragraph shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which Customer may now have or hereafter acquires in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to Customer. CONFIDENTIAL INFORMATION Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of the other party ("Confidential Information"). Except as provided in VERDIGRID’s Acceptable Use Policy (AUP), each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this Agreement. Upon request of either party or on termination or expiration of this Agreement, each party shall return the Confidential Information of the other party then in its possession. Nothing in this Agreement shall prohibit or limit either party’s use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in receiving party’s possession, as evidenced by receiving party’s records; (c) is disclosed to the receiving party without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose provided by the disclosing party; or (f) is required by law to be disclosed. Customer further agrees and acknowledges that VERDIGRID may disclose Customer account information in accordance with VERDIGRID’s AUP and Privacy Policy, located at www.verdigrid.com/tos as amended from time to time by VERDIGRID effective upon posting of the revised policy at the URL. CUSTOMER DATA Customer is responsible for its content residing on VERDIGRID servers, and except as otherwise agreed with VERDIGRID, for the backup thereof. SERVICES DOMAIN NAME REGISTRATION A. Registrar Services. VERDIGRID has entered into an agreement with an accredited domain name registrar, MelbourneIT Ltd. dba Internet Names WorldWide ("MelbIT" dba Internet Names WorldWide) to provide Customer with domain name registration services, for any requests by Customer to VERDIGRID to register an Internet domain name. As consideration for the domain name registration services provided by MelbIT to Customer, on behalf of VERDIGRID, Customer agrees to pay VERDIGRID, prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the VERDIGRID price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer’s domain name registration is suspended, cancelled or transferred prior to the end of Customer’s then current registration term. VERDIGRID reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer’s requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer’s registration in an email from VERDIGRID to the email address indicated in Customer’s registration application. B. Cancellation; Reinstatement. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by VERDIGRID) in connection with the payments of the registration fee for Customer’s domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to VERDIGRID 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. VERDIGRID will reinstate Customer’s domain name registration solely at VERDIGRID’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. C. Renewal. Customer will be notified when renewal fees are due. Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, Customer’s registration will be cancelled. Payment must be made by credit card or such other method as VERDIGRID may indicate in the registration application or renewal form. VERDIGRID will renew Customer’s name for Customer provided Customer’s credit card or other billing information is available and up to date, unless Customer instructs VERDIGRID otherwise within the time specified. If Customer’s billing information is not accurate and Customer wishes to renew Customer’s domain name registration, we will contact Customer to update this information and charge Customer accordingly. D. Transfer. Customer will be responsible for all costs and fees associated with the registration of Customer’s domain name including, but not limited to, all costs and fees for moving or transferring such domain name. Under no circumstances shall VERDIGRID be responsible for this cost. E. Use of Personal Information; Updated Information. MelbIT dba Internet Names WorldWide and/or VERDIGRID will collect certain personal information (including, without limitation, contact information such as name, address, email address and telephone number) ("Personal Information") from Customer during the registration process. Customer agrees and acknowledges that MelbIT dba Internet Names WorldWide will share Personal Information that Customer provide (or that is gathered about Customer during the registration process, including, for example, Customer’s primary domain name server and the like), or that MelbIT dba Internet Names WorldWide or VERDIGRID otherwise maintains, with one another, with the Internet Corporation for Assigned Names and Numbers ("ICANN"), with registry administrator(s), and with other third parties as ICANN and applicable laws and/or policy may require or permit. Customer further agrees and acknowledges that MelbIT dba Internet Names WorldWide and/or VERDIGRID shall be permitted (and in some cases may be required) to make publicly available, or directly available to third party vendors, some, or all, of the Personal Information or domain name registration information Customer provides, 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. Customer may access Customer’s Personal Information and/or domain name registration information in MelbIT dba Internet Names WorldWide’s or VERDIGRID's possession to review, modify or update such information, by contacting VERDIGRID. We will not process data about any identified or identifiable natural person that we obtain from Customer in a way incompatible with the purposes and other limitations which we describe in this Agreement. MelbIT dba Internet Names WorldWide will take reasonable precautions to protect the information it obtains from Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction. Customer hereby irrevocably waives any and all claims and causes of action Customer may have arising from such disclosure or use of Customer’s Personal Information and/or domain name registration information by MelbIT dba Internet Names WorldWide or VERDIGRID. F. ICANN Guidelines. Additionally, Customer acknowledges that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that MelbIT dba Internet Names WorldWide or VERDIGRID may or must make available to the public or to private entities, and the manner in which such information is made available. Customer hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Customer in connection with the registration of a domain name (including any updates to such information), whether during or after the term of Customer’s registration of the domain name. G. Third Party Data. In the event that, in registering the domain name, Customer is providing information about a third party, Customer hereby represents that Customer has (1) provided notice to that third party of the disclosure and use of the party's information as set forth in this Agreement, and (2) that Customer has obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. H. Accuracy of Data. Customer acknowledges that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer’s domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether Customer may have violated the trademark rights of another party in registering a domain name confusingly similar to such party's trademark.) Customer further agrees that Customer’s failure to respond for over fifteen (15) calendar days to inquiries by MelbIT dba Internet Names WorldWide and/or VERDIGRID concerning the accuracy of contact details associated with Customer’s registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer’s domain name registration. I. Country Code Domain Names: .TO and .CC Domains. If Customer has in the past or wishes now to register a domain name for the Cocos Islands (.CC) or Tonga (.TO), Customer’s registration and use of these respective domains is governed by Customer’s agreement with the national registry in each country. By applying for the domain name and through the use or continued use of the domain name, Customer agrees to be bound by the terms of the relevant national DNS registration authority for the countries of Cocos Islands (.CC) and Tonga (.TO), respectively. Registration does not guarantee the ability to use, or that a third party will not object to the use of, a domain name. Additional information about .CC and .TO domains may be found at http://www.nic.cc/policies.html and http://www.tonic.to/faq.htm. For .CC or .TO domains, Customer will be charged an additional $100 by VERDIGRID for the first two years' national registration fees, at $50 per year. The national DNS registration authorities for the countries of Cocos Islands (.CC) and Tonga (.TO) require payment of these fees at the time of registration. VERDIGRID is authorized by the national registration authorities of Cocos Islands and Tonga to collect these fees on their behalf. J. Third-Party Proprietary Rights: VERDIGRID makes no representations concerning and does not guarantee that Customer’s domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer agrees to be bound by the terms of the Domain Name Registration Agreement, Domain Name Dispute Policy which is posted at http://www.icann.org/udrp, and related agreements that Customer will be asked to review and indicate Customer’s acceptance of during the domain name registration process. L. Welcome Page. Customer consents to VERDIGRID's activation ("parking") of the registered domain name on a "Welcome Page" containing a notice, "Welcome to my Future Website." Such "Welcome Page" indicates that VERDIGRID registered the domain name, and links to VERDIGRID websites. This "Welcome Page" may be replaced by the Customer when the Customer contracts for web hosting and posts Customer's own content. MISCELLANEOUS GOVERNING LAW. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts . ENFORCEMENT OF AGREEMENT In the event it is necessary for VERDIGRID to enforce its rights under this agreement, Customer agrees to pay all fees incurred by VERDIGRID (including, but not limited to, attorney's fees and collection agency fees) AMENDMENT OR WAIVER Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of Customer and an officer of VERDIGRID. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself. ASSIGNMENT AND SEVERABILITY This Agreement shall be binding upon and inure to the benefit of Customer, VERDIGRID and our respective successors, and assigns. Customer may not assign this Agreement without the prior written consent of VERDIGRID, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. NOTICES All notices to Customer hereunder shall be given at the Billing Address provided on the signature page hereto. All notices to VERDIGRID hereunder shall be given to: Legal Department VERDIGRID 8 Faneuil Hall Marketplace 3rd Floor Boston, MA 02109 Facsimile: 617-674-2473 Any notice hereunder shall be in writing and shall be given by registered, certified or Express mail, or reliable overnight courier addressed to the addresses in this Agreement, or by facsimile. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days after it has been sent, properly addressed and with postage prepaid. ENTIRE AGREEMENT This Agreement, and any other document or agreements specifically identified in this Agreement, supercedes all previous representations, understandings or agreements. ACCEPTANCE OF SERVICES ACCEPTANCE OF THIS AGREEMENT BY VERDIGRID MAY BE SUBJECT, IN VERDIGRID’S ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF SERVICE SHALL INDICATE VERDIGRID’S ACCEPTANCE OF THIS AGREEMENT. USE OF THE VERDIGRID NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER represents and warrants that Customer HAS full authority and right to enter into this Agreement. Customer further represents and warrants that Customer IS at least 18 years of age. -------------------------------------------------------------------------------------------------------------------- Domain Name Registration AgreementYou have requested domain name services from VERDIGRID, Inc. ("VERDIGRID"). VERDIGRID has selected MelbourneIT Limited (ACN 073 716 793). ("MelbIT") as a provider of domain name registrar services for VERDIGRID customers, in the .com, .net and .org top-level domains. There is no additional charge for the services provided under this Registration Agreement ("Agreement") other than the fees payable by you to VERDIGRID ("VERDIGRID Fees"), as set forth in VERDIGRID's Service Agreement ("VERDIGRID Agreement") and disclosed to you when you initiated your request for domain name services. If you have already registered your domain name with another registrar and are currently requesting only Internet hosting services from VERDIGRID, this Agreement will apply only to future requests from you to VERDIGRID for future domain name registrations. You hereby agree to be bound by this Agreement for any future domain .com, net., or .org domain names that you may register through MelbIT. Any domain names you currently hold that are registered with another registrar are governed by your agreement with that registrar. Further, if you registered a .com, .net, or .org domain name through VERDIGRID prior to December 20, 1999, and you asked us to register the domain name for you, such domain names are subject to the agreement you entered into with Network Solutions, Inc. ("NSI"), who was then VERDIGRID's exclusive provider of domain name registration services. If you have in the past or wish now to register a domain name for the Cocos Islands (.CC) or Tonga (.TO), your registration and use of these respective domains is governed by your agreement with the national registry in each country, and is subject to your payment of the applicable Fees as disclosed to your during the registration process. By applying for the domain name and through the use or continued use of the domain name, you agree to be bound by the terms of the relevant national DNS registration authority for the countries of Cocos Islands (.CC) and Tonga (.TO), respectively. Registration does not guarantee the ability to use, or that a third party will not object to the use of, a domain name. Additional information about .CC and .TO domains may be found at http://www.nic.cc/policies.html and http://www.tonic.to/faq.htm. This Agreement is between you ("you" or "Registrant") and MelbIT ("MelbIT" or "we"). It sets forth the terms and conditions of your use of the domain name registration services of MelbIT to register an Internet domain name, as well as your registration and use of that domain name. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of the VERDIGRID Agreement, this Agreement, the Domain Name Dispute Policy and any rules or policies relating to domain name and related Internet services that are or may become effective when published by MelbIT or VERDIGRID. 1. About MelbIT MelbIT dba Internet Names WorldWide is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net, and .org Top Level Domains ("TLD") ICANN oversees the .com, .net and .org TLDs. You agree that MelbIT may modify this Agreement as necessary to comply with its agreement with ICANN. No domain name registrations that you seek to register for .com, .net and .org will be effective until (a) we have delivered the domain name registration information you provide us to the registry administrator for the .com, .net or .org TLDs, as applicable, (b) VERDIGRID has accepted your registration following your payment of the VERDIGRID Fees, and (c) the registry administrator puts into effect your domain name registration. MelbIT may elect to accept or reject your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name. You agree and acknowledge that neither MelbIT dba Internet Names WorldWide or VERDIGRID is liable or responsible in any way for any errors, omissions or any other actions by the registry administrator (currently Network Solutions, Inc.) arising out of or related to your application and receipt of, or failure to receive, a domain name registration.
2. Selection of a Domain Name
C. Additional Information Maintained About Your Registration. In addition to the information you provide, we maintain records relating to your domain name registration. These records may include:
E. Inaccurate Information. 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 sufficient basis for cancellation of your domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether you have violated the trademark rights of another party.) You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by MelbIT concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. F. Disclosure and Use of Registration Information. You agree and acknowledge that MelbIT will make available domain name registration information you provide, or that we otherwise maintain, to VERDIGRID, to ICANN, to registry administrator(s), and to other third parties as ICANN and applicable laws and/or policy may require or permit. You further agree and acknowledge that MelbIT shall be permitted (and in some cases is required, pursuant to its agreement with ICANN) to make publicly 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. However, you may elect to have your personal data concerning your registration not made available for bulk access. In order to exercise your option to "opt-out", you should make that election in the relevant section of the application form or it will be deemed waived. Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that MelbIT 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 MelbIT or VERDIGRID. You may access your domain name registration information in MelbIT's possession to review, modify or update such information, by requesting the information from VERDIGRID pursuant to the VERDIGRID Agreement. 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. MelbIT will take reasonable precautions to protect the information it obtains from you from loss, misuse, unauthorized access or disclosure, alteration or destruction.
4. Fees and Payment
5. Dispute Policy | |||||||||||||||||||||||||||||||||||||||||||||||
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