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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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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