Domain Registration Agreement
Uniform Domain Name Dispute Resolution Policy
Registration Agreement
1. Agreement:
In this Service Agreement ("Agreement") "you" and "your" refer to each customer and "we", us" and "our" refer to Baystatehost. This Agreement explains our obligations to you, and explains your obligations to us for our various services. By selecting our service(s) 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 service(s) or to cancel your Baystatehost service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the service(s) provided by Baystatehost 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 domai name, we may turn to you to hold us harmless and indemnify us.
3. Fees:
As Baystatehost provides you services you will agree to pay service charges as posted on the website at the time of service that is provided. Registration will not be processed until payment for services is verified or received. All fees payable for domain name are nonrefundable unless we provide otherwise. This section does not apply to fees for Baystatehost 's Web Hosting services. As consideration for the domain name service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the domain name 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 Baystatehost 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. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose under international, federal, and local laws applicable.
4. Modifications to Agreement:
You agree, during the period of this Agreement, that we may: (1) revise the terms and use of this Agreement; and (2) change any of the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreements or change to the service(s) on Baystatehost web site, or on notification to you by e-mail or by telephone or by mail. You agree to review Baystatehost web site at http://www.Baystatehost.com, including the Agreement, periodically to be made aware of any such revisions done by Baystatehost. 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 fax. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Baystatehost 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 be deleted from the domain name database.
5. 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. The current version of the Dispute Policy may be found at our web site. Please take the time to familiarize yourself with such policy. The current version of the Dispute Policy may be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm. Please take the time to familiarize yourself with this policy.
6. 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 Cook County, Illinois.
7. Limitation of Liability:
You agree that our entire liability, and your exclusive remedy, with respect to any Baystatehost.com services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). Baystatehost 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 the Baystatehost 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 miss-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 e-mail service. The registrant agrees that Baystatehost 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 Baystatehost has been advised of the possibility of such damages. In no event shall Baystatehost's maximum liability exceed five hundred ($200.00) dollars.
8. Transfer of Ownership:
The person named as registrant on the WHOIS shall be the registered name holder. The person named as administrative contact at the time the controlling user name and password are secured shall be deemed the designate of the registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the "Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
9. Indemnity:
You agree to release, indemnify, and hold Baystatehost, its 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 Baystatehost services provided thereunder or your use of the Baystatehost services, including without limitation infringement by you, or someone else using them Baystatehost 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 Baystatehost operating rule 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 Baystatehost is threatened with suit by a third party, Baystatehost may seek written assurances from you concerning your promise to indemnify Baystatehost; your failure to provide those assurances may be considered by Baystatehost to be a breach of your Agreement and may result in deactivation of your domain name.
10. Information:
As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:
- Your name and postal address (or, if different, that of the domain name holder);
- The domain name being registered;
- The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; and
- The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.
Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you through Baystatehost.
11. 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 thirty (30) 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. 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.
12. No Guarantee:
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.
13. Disclosure and Use of Registration Information:
You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.
You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller.
We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.
14. Disclaimer of Warranties:
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 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 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 Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of 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 Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
15. Revocation:
Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the "WHOIS" directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or an ICANN/Registry Operator policy.
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 Baystatehost service(s), or to delete your domain name within thirty (30) 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 Baystatehost service(s), or we delete your domain name or other Baystatehost service(s) within such thirty (30) 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 Baystatehost service(s).
17. Severability:
You agree that the terms of this Agreement are severable. 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. Transfer of Ownership:
The person named as registrant on the WHOIS shall be the registered name holder. The person named as administrative contact at the time the controlling user name and password are secured shall be deemed the designate of the registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the "Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
19. 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.
20. Non-Waiver:
The failure of Baystatehost 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 Baystatehost of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
21. 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 . Mail shall be sent to: Baystatehost, 7 Spring Lane, Rockport, MA 01966, and to you at the mailing address provided in your 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. EST and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.
22. Entirety:
You agree that this Agreement, the rules and policies published by Baystatehost and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Baystatehost.com services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
23. Governing Law:
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO 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 ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
24. Infancy:
You attest that you are of legal age to enter into this Agreement.
25. Force Majeure:
You acknowledge and agree that neither we nor the Registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
26. Foreign Language:
Controlling Language. In the event that you are reading this agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
27. 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.
28. Agency:
Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you have provided notice of the terms and conditions in this Agreement to any third party licensee and that the third party agrees to the terms hereof.
29. Modifications to your Account:
In order to change any of your account information with us, you must use your Account ID and Password that was provided to you when you opened your account with us. Please safeguard your Account ID and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account ID or Password. Unauthorized use of an Account ID and password to change information and ownership will not be the responsibility of Baystatehost to protect. It is the sole responsibility of the current owner to protect his password.
30. 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 THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Rockport, MA 01966
