User Agreement

Revision 2.0
29 September, 2000

[Note: Version 1.0 was actually submitted in the paper version of the application.]

I. INTRODUCTION. This user agreement ("Agreement") is a contract between "us," Image Online Design, Inc. (a.k.a. "we" and "our") and "you," the registrant, (a.k.a. "your"). This Agreement defines the relationship between you and us pursuant to your registering a .Web domain name with Image Online Design, Inc. and sets forth the rights and responsibilities of both parties accordingly.
II. SELECTION OF A DOMAIN NAME. You may only register a .Web domain name that has not already been registered. To check whether your domain name is still available, please click here.
III.
FEES.
A. Domain name will not be registered until all fees have been paid. Fees vary based upon the term of service you select from the price schedule in effect at the time you register. All fees are due immediately and are non-refundable.
B. Should you choose to renew your service with us, renewal fees will be based on the price schedule in effect at the time of renewal.
IV.
DOMAIN REGISTRATION INFORMATION.
A. Domain name registration requires that the following information be provided by you at the time of registration: (1) the domain name to be registered by you; (2) your name and postal address; (3) the Internet protocol addresses and corresponding names of the primary nameserver and secondary nameserver(s) for the domain.
B. All information must be accurate and complete. Your domain name registration information must be updated when it changes. Changes can be made online.
V.
PRIVACY.
A. Our Privacy Statement is part of this Agreement. It is available online. This document regulates our handling of your information and describes your rights and obligations.
B. Image Online Design will take reasonable precautions to protect your personal data.
VI. DATA OWNERSHIP. Image Online Design owns all database compilations; collective and similar rights, title & interests worldwide in our domain name database. However, we do not have any ownership interest in your specific personal information, aside from our rights to our domain name database.
VII.
MODIFICATIONS OF THIS AGREEMENT.
A. You agree that we may revise the Agreement, including the dispute policy and privacy statement, and the services provided under this Agreement at any time. Any changes that we make are binding and effective immediately after we post the changes to our web site or have notified you by e-mail.
B. If you do not agree with any revision to the Agreement, you may terminate this Agreement by providing us with notice either by e-mail or United States mail. If you continue to use our services after any revision to the Agreement or in service you will be deemed to have accepted the revisions.
VIII.
DOMAIN NAME DISPUTE POLICY.
A. If you registered a domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. The current version of the dispute policy may be found at our web site.
B. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration service, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until we are directed to do so by the judicial or administrative body, or we receive notification by you and the other party contesting your registration that the dispute has been settled.
C. You agree that if you are subject to a complaint or other judicial or administrative proceeding regarding your registration or use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body.
IX. AGENTS. You agree to be bound as a principal by this Agreement, including the Dispute Policy and Privacy Statement, if your agent purchased our service(s) on your behalf. If you continue to use our services, this shall serve to ratify any unauthorized actions by your agent. By acting on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprized you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund fees paid by you or your agent on your behalf for any reason.
X. NOTICES AND ANNOUNCEMENTS. You give us permission to notify you as our customer of information that we deem of potential interest to you. If you do not want to receive bulk e-mail solicitation notices or announcements, please notify us either by e-mail or United States.
XI. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Image Online Design service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s). Image Online Design and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of Image Online Design's services or for the cost of procurement of substitute services. 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.
XII. INDEMNITY. You agree to release, indemnify, and hold Image Online Design, in our capacities as the registry, and our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising under this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement.
XIII. BREACH. You agree that your failure to abide by any provision of this Agreement, any Image Online Design operating rule or policy, the Dispute Policy, the Privacy Statement, or your willful submission of inaccurate or unreliable information as part of the application process, or your failure to update your information to keep it current, complete or accurate, or your failure to respond for over fifteen (15) calendar days to inquiries from us concerning the accuracy of the contact details associated with your domain name registration may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration of your domain name and/or terminate our other service(s) you are using without notice. We will not refund any fees paid by you if we terminate your Agreement due to breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.
XIV. NO GUARANTY. You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your chosen domain name.
XV. DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM 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. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICE(S). WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OR FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XVI. REVOCATION. You agree that we may terminate your contractual right to use our service(s) if the information that you are obligated to provide to register your domain name or register for other Image Online Design service(s), or that you subsequently modify, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your domain name or to continue to provide your domain name registration services. Furthermore, you agree that we may suspend, cancel or transfer your domain name registration services in order to correct mistakes made by us in registering your chosen domain name, or to resolve a dispute under our dispute policy.
XVII. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register your chosen domain name or register you for other Image Online Design's service(s), or to delete your domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we do not register your domain name or register you for other Image Online Design service(s), or we delete your domain name or other Image Online Design service(s) within thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, the deletion of your domain name or refusal to register you for other Image Online Design service(s).
XVIII. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register your chosen domain name or register you for other Image Online Design's service(s), or to delete your domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we do not register your domain name or register you for other Image Online Design service(s), or we delete your domain name or other Image Online Design service(s) within thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, the deletion of your domain name or refusal to register you for other Image Online Design service(s).
XIX. ENTIRETY. You agree that this Agreement, the rules and policies published by us, the Dispute Policy and the Privacy Statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the Dispute Policy and the Privacy Statement supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
XX. TRANSFER AND ASSIGNMENT. You may transfer your domain name registration to a third party of your choice, subject to the restrictions stated in this Agreement. Your rights under this Agreement are not assignable and any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.
XXI. CHOICE OF FORUM, CHOICE OF LAW. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of California, United States of America, excluding its conflict of laws rules. Except for disputes concerning or arising from your use of a domain name registered with us, you and we each submit to exclusive personal jurisdiction and venue of the United States District Court for the Central District of California. Only for disputes concerning or arising from your use of a domain name registered with us, you agree to submit to personal jurisdiction and venue of the United States District Court for the Central District of California and the courts of your domicile. In the event the United States District Court for the Central District of California is unable to hear the matter, you agree to submit to exclusive personal jurisdiction and venue of the California Superior Court in Los Angeles, California.
XXII.
CALIFORNIA. California Civil Code, Section 1789.3 requires that the following consumer rights information be provided for California residents:
A. Pricing Information. Current rates for our services are available on our web site. We reserve the right to change fees, surcharges, renewal fees or to institute new fees at anytime.
B. Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
XXIII. ACKNOWLEDGMENT. To complete the registration process, you must acknowledge that you have read, understood and agree to be bound by all terms and conditions of this Agreement, the accompanying appropriate Dispute Policy, Privacy Statement and any registration rules or policies that are or may be published by Image Online Design and the Internet Corporation for Assigned Names and Numbers (ICANN). This agreement governs the use, purchase or cancellation of your service or additional services by you or a party authorized by you to make such alterations, even if Image Online Design is not notified of such authorization.