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User AgreementRevision 2.0 29 September, 2000
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.
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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. | |
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. |
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. |
XIX. |
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. |
XX. |
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. |
XXI. |
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. | |
XXII. |
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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