DOMAIN REGISTRATION
AGREEMENT FOLLOWS
1.
AGREEMENT. In this Service Agreement ("Agreement") "you"
and "your" refer to each customer, "we", us" and "our" refer
to AMRAY NETWORK CORPORATION. and Services refers to the
services provide by us. This Agreement explains our obligations
to you, and explains your obligations to us for various
Services. By selecting our Services, you have agreed to
establish an account with us for such Services. When you
use your account or permit someone else to use it to purchase
or otherwise acquire access to additional Services or to
cancel your Services (even if we were not notified of such
authorization), this Agreement covers such service or actions.
By using the Services under this Agreement, you acknowledge
that you have read and agree to be bound by all terms and
conditions of this Agreement and any pertinent rules or
policies that are or may be published by us.
2.
SELECTION OF A DOMAIN NAME. We cannot and do not check to
see whether the domain name you select, or the use you make
of the domain name, infringes legal rights of others. We
urge you to investigate to see whether the domain name you
select or its use infringes legal rights of others, and
in particular, we suggest you seek advice of competent counsel.
You may wish to consider seeking one or more trademark registrations
in connection with your domain name. You should be aware
that there is the possibility we might be ordered by a court
to cancel, modify, or transfer your domain name. You should
be aware that if we are sued or threatened with lawsuit
in connection with your domain name, we may turn to you
to hold us harmless and indemnify us.
3.
FEES, PAYMENT AND TERM. As consideration for the services
you have selected, you agree to pay us the applicable service(s)
fees. All fees payable hereunder are non-refundable unless
we provide otherwise. As further consideration for the Services,
you agree to: (1) provide certain current, complete and
accurate information about you as required by the registration
process and (2) maintain and update this information as
needed to keep it current, complete and accurate. All such
information shall be referred to as account information
("Account Information"). You hereby grant us the right to
disclose to third parties such Account Information. The
Registrant, by completing and submitting the Domain Name
Registration Agreement ("Registration Agreement"), represents
that the statements in its application are true and that
the registration of the selected Domain Name, as far as
the Registrant is aware, does not interfere with or infringe
upon the rights of any third party. The Registrant also
represents that the Domain Name is has not registered for
any unlawful purpose.
4.
MODIFICATIONS TO AGREEMENT. You agree, during the period
of this Agreement, that we may: (1) revise the terms and
conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change
will be binding and effective immediately on posting of
the revised Agreement or change to the service(s) on our
web site, or on notification to you by e-mail or regular
mail as per the Notices section of this agreement, Section
20. You agree to review our web site, including the Agreement,
periodically to be aware of any such revisions. If you do
not agree with any revision to the Agreement, you may terminate
this Agreement at any time by providing us with notice by
e-mail or regular mail as per the Notices section of this
agreement, Section 20. Notice of your termination will be
effective on receipt and processing by us. You agree that,
by continuing to use the Services following notice of any
revision to this Agreement or change in service(s), you
abide by any such revisions or changes. You further agree
that we, in our sole discretion, may modify our Dispute
Policy at any time. You agree that, by maintaining the reservation
or registration of your domain name after modifications
to the Dispute Policy become effective, you have agreed
to these modifications. You acknowledge that if you do not
agree to any such modifications, you may request that your
domain name deleted from the domain name database.
5.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use your Account
Identifier and Password that you selected when you opened
your account with us. Please safeguard your Account Identifier
and Password from any unauthorized use. In no event will
we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
6.
DOMAIN NAME DISPUTE POLICY. If you reserved or registered
a domain name through us, or transferred a domain name to
us from another registrar, you agree to be bound by our
current Domain Name Dispute Policy ("Dispute Policy"), which
is incorporated herein and made a part of this Agreement
by reference. You may found the current version of the Dispute
Policy at the ICANN web site: http://www.icann.org/udrp/udrp.htm.
Please take the time to familiarize yourself with such policy.
7.
DOMAIN NAME DISPUTES. You agree that, if the registration
or reservation of your domain name is challenged by a third
party, you will be subject to the provisions specified in
the Dispute Policy in effect at the time of the dispute.
You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute
Policy. For any dispute, you agree to submit to the jurisdiction
of the courts of your domicile, the courts of the geographic
location indicated by your WHOIS information for your domain
name, and the courts of the PROVINCE OF MANITOBA.
8.
AGENTS. You agree that, if an agent for you (i.e., an Internet
Service Provider, employee, etc.) purchased our Services
on your behalf, you are bounded as a principal by all terms
and conditions herein, including the Dispute Policy.
9.
ANNOUNCEMENTS. We reserve the right to distribute information
to you that is pertinent to the quality or operation of
our services and those of our service partners. These announcements
will be predominately informative in nature and may include
notices describing changes, upgrades, new products or other
information to add security or to enhance your identity
on the Internet.
10.
LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s)
provided under this Agreement and any breach of this Agreement
is solely limited to the amount you paid for such Service(s).
Our contractors and we shall not be liable for any direct,
indirect, incidental, special or consequential damages resulting
from the use or inability to use any of the 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. We disclaim any and all loss or liability resulting
from, but not limited to: (1) loss or liability resulting
from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data amiss-delivery;
(3) loss or liability resulting from acts of God; (4) loss
or liability resulting from the unauthorized use or misuse
of your Account Identifier or Password; (5) loss or liability
resulting from errors, omissions, or misstatements in any
and all information or services(s) provided under this Agreement;
(6) loss or liability resulting from the development or
interruption of your Web site or email service. The registrant
agrees that we will not be liable for any loss of registration
and use of registrant's domain name, or for interruption
of business, or 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 we have been advised
of the possibility of such damages. In no event shall our
maximum liability exceed $500.00 (five hundred) dollars.
11.
INDEMNITY. You agree to release, indemnify, and hold us,
our contractors, agents, employees, officers, directors
and affiliates harmless from all liabilities, claims and
expenses, including attorney's fees, of third parties relating
to or arising under this Agreement, the Services provided
hereunder or your use of the Services, including without
limitation infringement by you, or someone else using the
E-mail Service with your computer, of any intellectual property
or other proprietary right of any person or entity, or from
the violation of any of our operating rules or policy relating
to the service(s) provided. You also agree to release, indemnify,
and hold us harmless pursuant to the terms and conditions
contained in the Dispute Policy. When we are threatened
with suit 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 breach of your Agreement and may result in deactivation
of your domain name.
12.
BREACH. You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the Dispute
Policy provided by us, 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 30 (thirty) 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 or reservation of your domain name
or terminate your e-mail account without further notice.
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.
13.
NO GUARANTY. You agree that, by registration or reservation
of your chosen domain name, such registration or reservation
does not confer immunity from objection to either the registration,
reservation, or use of the domain name.
14.
DISCLAIMER OF WARRANTIES. You agree and warrant that the
information that you provide to us to register or reserve
your domain name or register for other Services is, to the
best of your knowledge and belief, accurate and complete,
and that any future changes to this information will be
provided to us in a timely manner according to the modification
procedures in place at that time. You agree that your use
of our Services is solely at your own risk. You agree that
such Service(s) is provided on an "as is," "as available"
basis. We expressly disclaims 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 the Services will meet your requirements, or that the
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 the use of the Service(s) or as to
the accuracy or reliability of any information obtained
through the our e-mail service or that defects in the Services
software will be corrected. You understand and agree that
any material and/or data downloaded or otherwise obtained
through the use of the our e-mail service is done at your
own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that
results from the download of such material and/or data.
We make no warranty regarding any goods or services purchased
or obtained through the e-mail service or any transactions
entered into through the e-mail service. No advice or information,
whether oral or written, obtained by you from us or through
the e-mail service shall create any warranty not expressly
made herein. Some jurisdictions do not allow the exclusion
of certain warranties, so some of the above exclusions may
not apply to you.
15.
REVOCATION. You agree that we may delete your domain name
or terminate your right to use other Services if the information
that you provided to register or reserve your domain name
or register for other Services, or subsequently to modify
it, contains false or misleading information, or conceals
or omits any information we would likely consider material
to our decision to register or reserve your domain name.
You agree that we may, in our sole discretion, delete or
transfer your domain name at any time.
16.
RIGHT OF REFUSAL. We, in our sole discretion, reserve the
right to refuse to register or reserve your chosen domain
name or register you for other Services, or to delete your
domain name within 30 (thirty) calendar days from receipt
of your payment for such services. In the event we do not
register or reserve your domain name or register you for
other Services, or we delete your domain name or other Services
within such 30 (thirty) calendar day period, we agree to
refund your applicable fee(s). You agree that we shall not
be liable to you for loss or damages that may result from
our refusal to register or reserve, or delete your domain
name or register you for other Services.
17.
SEVERABILITY. You agree that the terms of this Agreement
are cease to exist if any term or provision is declared
invalid or unenforceable, that term or provision will be
construed consistent with applicable law as nearly as possible
to reflect the original intentions of the parties, and the
remaining terms and provisions will remain in full force
and effect.
18.
NON-AGENCY. Nothing contained in this Agreement or the Dispute
Policy shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties.
19.
NON-WAIVER. Our failure to require performance by the Registrant
of any provision hereof shall not affect the full right
to require such performance at any time thereafter; nor
shall the waiver by us of a breach of any provision hereof
be taken or held to be a waiver of the provision itself.
20.
NOTICES. Any notice, direction or other communication given
under this Agreement shall be in writing and given by sending
it via e-mail or via regular mail. In the case of e-mail,
valid notice shall only have been deemed to have been given
when an electronic confirmation of delivery has been obtained
by the sender, in the case of notice to us to here
or, in the case of notice to you, at the e-mail address
provided by you in your Affiliate Program application or
as updated from time to time.
Mail
shall be sent to Domain Registrar P.O.Box 343 Winnipeg,
MB. R3C 2H6 Canada
and
to you at the mailing address provided in your Affiliate
application or as updated from time to time. Any e-mail
communication shall be deemed to have been validly and effectively
given on the date of such communication, if such date is
a business day and such delivery was made prior to 4:00
p.m. (eastern standard time) and otherwise on the next business
day. Any communication sent via regular mail shall be deemed
to have been validly and effectively given five business
days after the date of mailing.
21.
ENTIRETY. You agree that this Agreement, the rules and policies
published us and the Dispute Policy is the complete and
exclusive agreement between you and us regarding our Services.
This Agreement and the Dispute Policy supersede all prior
agreements and understandings, whether established by custom,
practice, policy, or precedent.
22.
GOVERNING LAW. This Agreement shall be governed by and interpreted
and enforced in accordance with the PROVINCE OF MANITOBA
and the FEDERAL LAWS OF CANADA applicable therein without
reference to rules governing choice of laws. Any action
relating to this Agreement must be brought in the PROVINCIAL
courts located in WINNIPEG, MANITOBA, CANADA and you irrevocably
consent to the jurisdiction of such courts.
23.
INFANCY. You attest that you are of legal age to enter into
this Agreement. 24. Acceptance of Agreement. YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING
ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN
AS SET FORTH IN THIS AGREEMENT. ---------------------------------------------------
END OF AGREEMENT
