Domain Name Service Agreement

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Introduction

This Policy explains the obligations of WebValence Internet Partners to our customers, and our customer’s obligations to us in relation to the domain name service(s) they purchase. Please indicate your acceptance by selecting the "Register" button at the bottom of this page.

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Domain Name Service Agreement Introduction This Policy explains the obligations of WebValence to our customers, and our customer’s obligations to us in relation to the domain name service(s) they purchase. Please indicate your acceptance by selecting the "Register" button at the bottom of this page. Definitions Registrant: The customer is the person or company listed as the domain name registrant. This person is the owner of the domain name and has the authority to register, terminate, transfer, renew and update the domain name. Changes in registrant contact can only be made by the registrant, by contacting WebValence. Administrator: The customer authorizes WebValence to be the administrator for all domain names registered for the customer by WebValence. In accordance with this, WebValence will appear as the administrative and technical contact for these domain names. Registrar The agency who is legally empowered to register domain names. WebValence’s primary registrar for domain registrations is Bulk Register LLC. Domain Name Server (DNS): This is an Internet service that translates domain names into numeric addresses which identify host computers providing services for the domain name. If one DNS server doesn't know how to translate a particular domain name, it asks another one, until the correct address is found. Our DNS are named NS1.WEBONREQUEST.COM, NS2.WEBONREQUEST.COM and NS3.WEBONREQUEST.COM. The NS stands for Name Server. Host: A host is a computer that is permanently connected to the Internet, with its own unique address. As a provider of Internet Services, WebValence provides host computers, software, and communications channels to provide these services. Transfer a Domain Name: The process of moving a domain name from one registrar to another registrar. This process will differ somewhat between registrars. Update a Domain Name: This process changes data associated with a domain name registration while remaining registered at a given Registrar. Examples are activating different name servers for a domain name, adding Private Whois Registration for a domain name, or renewing the Domain Name. Top Level Domain (TLD): Most of the domains registered are "normal" top level domains. We register .com, .net, .org, .biz, .info, .name, .us, .cn, .la, and .kids.us. These are all examples of TLDS. Country Code TLDs (cc-TLDs): Most countries allow non-residents to register domains with their country suffixes. WebValence offers registration services for the following cc-TLDs, including but not limited to Ascension Island (.ac), Austria (.at), Belgium (.be), British Indian Ocean (.io), Cocos (.cc), Germany (.de), France (.fr), Hong Kong (.hk), Italy (.it), Japan (.jp), Mexico (.mx), Netherlands (.nl), New Zealand (.nz), Tuvalu (.tv), Turkmenistan (.tm) United Kingdom (.uk) and St. Helena (.sh). Private Whois Registration: allows the registrant to keep personal information (name, address, phone number and email address) out of the public WHOIS database while still maintaining full control of the registrant's domain name. Domain Registry Policies These are policies that are set forth by registrars who control various types of domains. Country Code TLD Registrations: Registration of a domain name in any cc-TLD, is subject to policies established or revised from time to time by the registry for the TLD Domain Name. Each respective TLD Registry's current policies are available at each TLD's respective website. Domain Registrations: Eligibility requirements and additional policies may apply to top-level domains. Some TLDs require registration for more than one year. The customer agrees to be bound by and comply with the applicable TLD Registry Policies, including amendments and modifications. To the extent there is a conflict between the TLD Registry policies and the terms of this Agreement, the terms of this Agreement shall prevail. Cybersquatting and Bad Faith Registrations: By applying to register a domain name, or by asking WebValence to maintain or renew a domain name registration, the customer agrees that 1. to their knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; 2. they are not registering the domain name for an unlawful purpose; and 3. they will not knowingly use the domain name in violation of any applicable laws or regulations. It is the customer’s responsibility to determine whether their domain name registration infringes or violates someone else's rights. Circumstances that infringe upon or violate the rights of a third party include but are not limited to the following: 1. the domain name is identical or confusingly similar to a trademark or service mark. 2. the domain name acquisition is primarily for the purpose of selling, renting, or updating the domain name registration to the person or company who is the owner of the trademark or service mark or to a competitor of the person or company who is the owner of the trademark, in excess of your out-of-pocket costs directly related to the domain name. 3. the domain name is being registered in order to prevent the owner of the trademark or service mark from reflecting the mark in a domain name. 4. the domain name is registered primarily for the purpose of disrupting the business of a competitor. 5. by using the domain name, the customer has intentionally attempted to attract, for commercial gain, Internet users to their web site by creating a likelihood of confusion with a trademark or service mark. Fees and Payment: The customer is expected to pay WebValence for the registration or renewal of a domain name, or Private Whois Registration, upon receipt of an email invoice from WebValence. If a balance is due in the account at the time of a request for a domain registration renewal, transfer or modification, WebValence reserves the right to collect the balance due before complying with the domain name request. All payments of fees for WebValence services shall be made in U.S. dollars. Fees for transferring a domain name from another registrar to the WebValence Bulk Register account will be charged at the same fee as registering a new domain name and will result in extending the registration for an additional year. Updating the name server for a domain name to WebValence name servers will not result in a charge, unless WebValence helps the customer update to WebValence name servers by assisting them in discovering their user name and password. Refunds: All domain name fees are non-refundable. In the event that the customer cancels their domain name registration prior to the expiration date, they will not be entitled to a refund of any fees paid to WebValence. Domain Usage Domain Name Parking: At the time of domain name registration, the domain name will be parked unless the customer notifies WebValence that there is a web site to be uploaded to the domain name. Parked domain names are on hold and they do not function for email or web site usage. There is no fee for parking a domain name, and no limit on parking time. Under Construction Site: If the customer chooses to have an under construction page hosted at the domain name, a regular hosting fee will be charged. While the domain name resolves to an "under construction" or similar temporary web page, WebValence may place links to the WebValence Web site. Alias Domain Names: WebValence provides URL forwarding, also known as an alias domain name at a lower fee than regular web site hosting. WebValence provides the capability to forward users or visitors who type in a specific domain name to another domain name designated by the customer through our alias service. Full Service Domain Names: WebValence normally provides a full complement of services for each domain name, including name service, web service, mail service, bulk mail service, and so forth. Domain Renewals Renewal Notices: Customers with domain names administered by WebValence are emailed a renewal notice about sixty (60) days in advance of the renewal date. Customers request a renewal by replying to the renewal notice with the word RENEW added to the subject line. If there is no response to the first email within a one-week period, a second renewal notice will be sent. All renewals for domain names registered at the WebValence Bulk Register account must go through WebValence. Accurate Information: The customer is responsible for maintaining and updating the information provided to WebValence to keep it current, complete and accurate. WebValence relies on this information to register domain names and to send important information and notices regarding fees due and domain name renewals. The customer is also responsible for the credit card information provided to WebValence and must promptly inform WebValence of any changes of expiration date, account number or address. Automatic Renewal: Credit card customers will be given an option to request a automatic renewal by replying to the renewal notice with the word AUTO RENEW added to the subject line. This means that the customer’s credit card would be automatically charged at the time of expiration. If the credit card is not active, the domain name would not be renewed until the card was authorized. The renewal price may be higher or lower than the price paid for the prior domain renewal. WebValence will charge the credit card on file for the renewal of the domain name. For credit card customers with active web sites hosted by WebValence who have not responded to two renewal emails, a renewal notice by phone will be attempted. If no response, an automatic one-year renewal of the primary domain of the active web site will be initiated approximately seven (7) days prior to its expiration. Former Hosting Customers with No Web Site or Construction Page: Two renewal emails will be sent. If no response is received, WebValence will not renew the domain name. Former Hosting Customers with Active Web Site, Alias, or Construction Page: WebValence will notify the former customer by phone after receiving no response to two emails. If no response is received, WebValence will not renew the domain name. Length of Renewal: Domain names are registered and renewed for one-year unless the customer notifies WebValence in an email message that they wish to renew the name for additional years. In this case, the fee shall be paid to WebValence before the renewal is attempted. An exception to this policy is TLD’s that require registration for more than one year. Deactivation of Web Site : WebValence will deactivate the hosting of a domain name if there has been no payment for the hosting fee after 60 days of an emailed notice of payment due. Hosting may be re-activated after payment of the balance due. WebValence reserves the right to deactivate a site that has content which is illegal, unethical, or immoral, including pornographic, inflammatory, or demeaning content. Domain Transfers and Updates Domain Name Transfer to a Different Registrar: Registrar’s policies differ. WebValence recommends that if the domain is due to expire in 30 days or less, it is best to renew with the current registrar and then transfer the domain. The customer will not lose any paid registration time. Bulk Register and other major domain name registrars will not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration. If the customer is the administrator of a domain they choose to transfer, they must respond via email to a transfer confirmation request from the registrar where the domain is currently registered. If a customer wants WebValence to approve the transfer of a domain name from Bulk Register to another registrar, the customer must request this approval via email to WebValence. Registrar Lock: The customer’s domain name may be placed on registrar lock by the registrar to prevent unauthorized transfers of the domain name. Updating an Active Web Site to WebValence Name Servers: Your web site may not be operable or may appear differently on a new host. Registrant Name Change: At the time of relinquishing registration of the domain name, the current registrant discharges WebValence from all obligations under this Agreement. The current registrant agrees that they are not entitled to a refund of any fees they have paid to WebValence. Authorization for WebValence to take all steps necessary to register the domain name to the new registrant will be given to WebValence by the current registrant via email. Request for this registrant name change will be verified via email by the new registrant with an agreement to be bound by the terms and conditions of WebValence. A processing fee for setting up the new hosting arrangement will be immediately charged to the new registrant who will provide appropriate credit card information as requested. The term of the registration of the domain name(s) will be equal to the remaining term of the current registrant at the time of the registrant name change. Disclosure of Information: To comply with rules and policies for the domain name system, WebValence has the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that the customer is required to provide when registering a domain name: 1. the domain name(s) registered by the customer; 2. the customer name and postal address listed in the WebValence account; 3. the customer’s Email address and telephone number listed in the WebValence account 4. the original creation date of the registration; and 5. the expiration date of the registration. This information may also be available in bulk form to third parties who agree not to use it to 1. allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via telephone, facsimile, or Email (spam) or 2. enable high volume, automated, electronic processes that apply to systems to register domain names. Domain Name Changes: WebValence will cancel, transfer, update or otherwise make changes to domain name registrations under the following circumstances: 1. our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action; 2. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or 3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party. Involvement in Disputes: WebValence will not participate in any way in any dispute between the customer and any party regarding the registration and use of the customer’s domain name. The customer shall not name WebValence as a party or otherwise include WebValence in any such proceeding. Right of Refusal: WebValence, at our sole discretion, reserves the right to refuse to register the customer’s chosen domain name. WebValence shall not be liable to the customer for loss or damages that may result from our refusal to register a domain name. Legal Obligations: The customer acknowledges and agrees that WebValence shall not be responsible for any legal obligations the customer may owe to any third party, including the registrar. Hold Harmless: The customer agrees to release, indemnify, and hold WebValence and our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorneys fees, of third parties arising under this Agreement. Policy Modifications: WebValence reserves the right to modify this Agreement at any time. WebValence will post our revised Agreement at http://www.webvalence.com/register/domainPolicy.html All such changes will be binding upon the customer with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change.

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