Terms Of Use
YOU AGREE THAT UDL WILL NOT BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF A DOMAIN NAME
REGISTRATION; (B) USE OF YOUR DOMAIN NAME; (C) INTERRUPTION OF BUSINESS OR BUSINESS LOSSES; (D) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO ANY REGISTRATION SYSTEM; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION BETWEEN YOU AND UDL ; (F) EVENTS BEYOND US DOMAIN LICENSING'S REASONABLE CONTROL; (G) THE PROCESSING OF THIS APPLICATION; (H) THE PROCESSING OF ANY MODIFICATION TO YOUR ACCOUNT ASSOCIATED WITH YOUR DOMAIN NAME; (I) LOSS OR LIABILITY FROM ACTS OF GOD; (J) LOSS OF LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT; OR (K) APPLICATION OF THE DISPUTE POLICY, UDL 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 UDL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT US DOMAIN LICENSING'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY SERVICES PROVIDED BY US DOMAIN LICENSING UNDER THIS AGREEMENT AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR INITIAL REGISTRATION OF THE DOMAIN NAME, AND ANY RENEWALS THEREOF IN THE PAST FIVE YEARS.BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITED BY LAW.
INDEMNIFICATION
You hereby agree to defend, indemnify and hold harmless US DOMAIN LICENSING and the domain name Registry, their respective officers, directors, employees, agents, subsidiaries, parents and affiliated companies, (collectively the "Indemnified Parties"), from any and all claims, demands, loss, errors, omissions, causes of action, judgments or awards, including attorney's fees and expenses resulting from any claim, demand or action arising out of or in any way related to the registration, claim to or use of the domain name. Such claims shall include, but shall not be limited to , claims based upon trademark or service mark infringement, trade name infringement, dilution, tortuous interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or any other claim of damage to business. UDL Legal Issue Form FBAC 98/01
The Indemnified Parties shall provide written notice to you of any such claim; demand or action and you shall thereafter promptly assume the above obligations. The failure of any Indemnified Party to give notice shall not affect the rights of the other Indemnified Party.
UDL105A98/01
REPRESENTATIONS AND WARRANTES
You represent to US DOMAIN LICENSING that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain name registration is accurate. You also attest that you are of legal age to enter into this Agreement.
UDL Legal Issue Form FBAC 98/01
By applying to register this domain name, or by asking US DOMAIN LICENSING to maintain or renew a domain name registration, you hereby represent and warrant to US DOMAIN LICENSING that (a) the information set out above is complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
FEES AND PAYMENT
As consideration for the domain name registration services provided by US DOMAIN LICENSING to you, you agree to pay US DOMAIN LICENSING, at the time of submitting your application for registration, the fee as set forth in the payment confirmation and invoice document, which is incorporated into this Agreement by reference, for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name is suspended, canceled or transferred prior to the end of your then current registration term.
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by US DOMAIN LICENSING in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to US DOMAIN LICENSING as the paying entity for that registration. US DOMAIN LICENSING 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.
You will be notified when renewal fees are due. Should renewal fees go unpaid within the time specified in a notice regarding renewal, your registration may be canceled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. We will renew your domain name for you provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew your domain name registration, we will attempt to contact you to update this information and charge you accordingly.
DISPUTE POLICY
You agree that any disputes regarding the right to use your chosen domain name are subject to the Uniform Domain Name Dispute and Resolution Policy in effect at the time your domain name registration is disputed by a third party, in the event such a dispute arises. You also agree that, in the event a domain name dispute arises with a third party, you will indemnify and hold US DOMAIN LICENSING harmless pursuant to the indemnification provision below.
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