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DOMAIN NAME REGISTRATION, DOMAIN REDIRECTION / URL FORWARDING & EMAIL SERVICE AGREEMENT
This version is effective from: 22 July, 2000
This Agreement (the "Agreement") is made between .com-2 (an InVenture Capital Limited subsidiary) of New Zealand and you, the Applicant/ Registrant for the domain name and associated services.
Terms such as "we", "our" and "us" in this Agreement refer to .com-2 (an InVenture Capital Limited subsidary) and our suppliers/licensors; terms such as "you" and "your" refer to you, the applicant/registrant for the domain name, and terms such as "both of us", "we both", "each of us", "either of us" and "our respective" refer to both you and us. Words or abbreviations which have well known or trade meanings are used herein in accordance with their recognized meanings. The words "include", "includes" or "including" shall mean "include without limitation", "includes without limitation" and "including without limitation" respectively.
You have applied to us to for registering a domain name and the associated URL forwarding and email service listed on your application form (Net Service). If this Registration Agreement is accepted by.com-2, and a domain name is registered in .com-2 domain name database and assigned to you the Registrant, you the Registrant ("Registrant") agrees to be bound by the terms of this Registration Agreement and the terms of .com-2's current Domain Name Dispute Policy ("Dispute Policy") if any, which can be found at www.yourname.com-2.net and made a part of this Registration Agreement. Registrant agrees that if this Registration Agreement is completed by an agent for the Registrant, such as an ISP or Administrative Contact/Agent, the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.
1. Acceptance by You
1.1 BY PRESSING THE SUBMIT (DONE) BUTTON ON THE APPLICATION FORM, YOU INDICATED THAT YOU ACCEPTED AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT SUBMIT THE APPLICATION FORM. IF YOU A MINOR (PERSON UNDER 18 YEARS OF AGE) YOU MUST INFORM A GUARDIAN WHO IS OVER THE AGE OF 18 AND ASK THAT PERSON TO READ THIS AGREEMENT FOR YOU. A GUARDIAN SHOULD PARTICIPATE IN A MINOR'S INTERNET ACTIVITIES AND SHOULD TAKE RESPONSIBILITY OF ANY ACTION OF THE MINOR.
2. Consideration
2.1 FREE domain name holder can not transfer the domain name to another party. To be able to transfer your domain name, your domain must be change to a pay domain for at least a year or is a pay domain from the start. The domain names are only free to web site owners or email users, domain name traders must use the pay option.
2.2 If the Registrant choose the pay option, he/she agrees to pay an annual registration fee if any as outlined in the application form as consideration for the registration of each new domain name or the applicable renewal (re-registration) fee and at the time of renewal (re-registration). The non-refundable fee covers a period of one years for each new registration, and one year for each renewal, and includes any permitted modification to the domain name record during the covered period. Payment is due to .com-2 within thirty (30) days from the date of the email invoice.
3. Use Policy. We encourage free speech. However we reserve the right to remove any forwarding web sites addresses and emails that hosted with us, that in our sole opinion and discretion, believe to be illegal, unethical or may subject us to liability or violate the law, such violations including but not limiting to the following:
(a) Illegal Purposes. You may not use your Net Service for the transmission, distribution or storage or material or conduct in violation of any applicable local, national and international laws and regulations.
(b) Hacking. You may not use your Net Service to attempt to access the accounts of others or to penetrate security measures of any systems.
(c) Spam, Virus, Unwanted Material. You may not use your Net Service to accept, distribute or transmit bulk e-mail such as any e-mail containing computer virus, invalid or forged headers, domain names or other means of deceptive advertising.
(d) Inactivity. We reserve the right to terminate your account at any time if in our sole opinion your account is inactive. You will remain fully responsible for any information you send or receive and we recommend you to use reasonable efforts to screen any unwanted material.
4 Dispute Policy
4.1. Registrant agrees, as a condition to submitting this Registration Agreement, and if the Registration Agreement is accepted by .com-2, that the Registrant shall be bound by .com-2's most current Dispute Policy from time to time. The current version of the Dispute Policy if any can be found at the IDS web site www.yourname.com-2.net If there's no current Dispute Policy, any disputes will be referred to the District Dispute Tribunal or District Court of Auckland.
4.2. Registrant agrees that, if the registration of its domain name is challenged by any third party, the Registrant will be subject to the provisions specified in the Dispute Policy.
5. Limitation of Liability We shall not under any circumstances be liable to you or any other party claiming through you for any indirect, special, consequential or incidental damages or expenses of any kind, in connection with .com-2's processing of any authorized modification to the domain name's record during the covered period, as a result of the Registrant's ISP's failure to pay either the initial registration fee or renewal fee, or as a result of the application of the provisions of the Dispute Policy. Registrant agrees that in no event shall the maximum liability of .com-2 under this Agreement for any matter exceed the registration fee paid by the Registrant. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. Indemnity Registrant agree, in the event the Registration Agreement is accepted by .com-2 and a subsequent dispute arises with any third party to indemnify and hold us harmless from any liability, cost, claim, demand or expense due to or arising out of your use of the Net Service including your domain name, your failure to comply with any laws and regulations or your violation of any person�s rights, including intellectual property rights, trademark (as covered above) through your use of the Net Service or otherwise. Registrant agrees that, by registration of a domain name, such registration does not confer immunity from objection to either the registration or use of the domain name or trademark.
7. Breach Registrant agrees that failure to abide by any provision of this Registration Agreement or the Dispute Policy may be considered by .com-2 in its sole discretion to be a material breach and that .com-2 may delete Registrant's registration of the domain name without notice and hold the user fully responsible for any damage they caused .com-2. Any such breach by a Registrant shall not be deemed to be excused simply because .com-2 did not act earlier in response to that, or any other, breach by the Registrant.
8. Revocation Registrant agrees that .com-2 may delete a Registrant's domain name if in the registration application form, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information .com-2 would likely consider material to its decision to approve this Registration Agreement.
9. Right of Refusal .com-2, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Registrant. Registrant agrees that the submission of the application form does not obligate .com-2 to accept. Registrant agrees that .com-2 shall not be liable for loss or damages that may result from .com-2's refusal to accept this Registration Agreement.
10. Severability Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the other terms or provisions which shall continue to be binding. Unless we direct otherwise, upon the termination or expiration of this Agreement for any reason, the provisions of Sections 4, 5, 6, 7, 10, 11, 12 shall survive expiration or any termination of this Agreement.
11. No Breach of Privacy We will not sell, trade or give away or in any way disclose individually identifying information about you to any third party, unless required to by law. We will not review the contents of email sent or received by you or the contents of files stored by you, unless
(a) you consent to us to do so;
(b) is required by law;
(c) needed to protect and defend our rights or property; or
(d) we are acting under exigent circumstances to protect the personal safety of our employees, customers or members of the public.
You agree and acknowledge that our collection and use of your information provided, and our operation and provision of the Net Service for/to you, as contemplated in this Agreement in no way constitutes an actionable breach of any privacy or other right, and you hereby waive any and all such claims or rights of any action against us.
12. Confidentiality You acknowledge that the Net Service and all non-public underlying ideas, algorithms, concepts, procedures, processes, principles, know-how, methods of operation, designs, programming techniques, source codes (including all underlying intellectual property) and input data formats and structures are trade secrets, confidential information and proprietary information of ours (collectively referred to as "Confidential Information"). You agree to keep the Confidential Information confidential and except as explicitly prescribed in this Agreement, you agree not to use, duplicate, disclose or distribute any Confidential Information, directly or indirectly, to any person.
13. Governing Law Registrant agrees that this Registration Agreement shall be governed in all respects by and construed in accordance with the laws of New Zealand. By submitting this Registration Agreement, Registrant consents to the exclusive jurisdiction and venue of the New Zealand District Court. If there is no jurisdiction in the New Zealand District Court, then jurisdiction shall be in the High Court of New Zealand.
14. Entirety
14.1 You acknowledge and agree that you have read and understand all the provisions contained in this Agreement. This Agreement, inclusive of any rules or regulations made by us from time to time as referenced in above sections, constitutes the entire agreement between both of us pertaining to all the matters herein and supersedes all prior agreements, understandings, and discussions in respect thereof, whether oral or written, express or implied. You may not amend this Agreement without our prior written approval. We may amend this Agreement as provided in Section 3. You agree and acknowledge that to the extent that this Agreement conflicts with, or is inconsistent with any provision contained in any invoice, document, e-mail or agreement provided by you to us, the provisions of this Agreement shall prevail.
14.2 This Domain Name Registration Agreement is only for registrations under domains: COM-1.net, COM-2.net, COM-3.net, COM-4.net, COM-5.net, COM-6.net, COM-7.net, COM-8.net, COM-9.net.
END OF AGREEMENT
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