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| InterNIC AGREEMENT A. AGREEMENT. In this Service Agreement ("Agreement") "you" and "your" refer to each customer and "we", us" and "our" refer to Network Solutions, Inc. ("NSI"). This Agreement explains our obligations to you, and explains your obligations to us for various Network Solutions services. By selecting our Network Solutions 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 Network Solutions service(s) or to cancel your Network Solutions 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 NSI 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 NSI. The terms and conditions marked with an (*) apply to customers of the Network Solutions E-mail Service only. The terms and conditions marked with an (**) apply only to the Network Solutions dot com biz card service. The terms and conditions marked with an (***) apply only to the Network Solutions dot com forwarding service. B. FEES, PAYMENT AND TERM. As consideration for the services you have selected, you agree to pay Network Solutions the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Network Solutions service(s), 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 NSI the right to disclose to third parties such Account Information. *C. DESCRIPTION OF E-MAIL SERVICE. NSI is providing you with a capability to send and receive electronic mail ("Network Solutions E-mail Service") via the World Wide Web ("Web") and on NSI's system. You must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; and (2) provide for your own connection to the Web and pay any telephone service fees associated with such connection. NSI has set no fixed upper limit on the number of messages you may send or receive through the Network Solutions E-mail Service; however, NSI retains the right, at NSI's sole discretion, to determine whether or not your conduct is consistent with this Agreement and NSI's operating rules or policies and may terminate the Network Solutions E-mail Service if your conduct is found to be inconsistent with this Agreement, such rules or policies. Your right to use the Network Solutions E-mail Service is personal to you. You agree not to resell the E-mail Service, without the prior express written consent of NSI. *D. PRIVACY POLICY. E-mail is private correspondence between the sender and the recipient. It is NSI's policy to respect the privacy of its customers. Therefore, NSI will not monitor, edit or disclose the contents of your private communications unless required to do so by law or in the good faith belief that such action is necessary to; (1) conform to the law or comply with legal process served on NSI; (2) protect and defend the rights or property of NSI; or (3) act under exigent circumstances to protect the personal safety of its customers or the public. You acknowledge and agree that NSI neither endorses the contents of any of your communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. You acknowledge and agree that certain technical processing of e-mail messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Network Solutions E-mail Service; or (4) conform to other similar requirements. *E. CUSTOMER CONDUCT. You are solely responsible for the content of your transmissions through the Network Solutions E-mail Service. Your use of the Network Solutions E-mail Service is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with U.S. law regarding the transmission of technical data exported from the United States through the Network Solutions E-mail Service; (2) not to use the Network Solutions E-mail Service for illegal purposes: (3) not to interfere with or disrupt networks connected to the Network Solutions E-mail Service: and (4) to comply with all regulations, policies and procedures of networks connected to the Network Solutions E-mail Service. The Network Solutions E-mail Service makes use of the Internet to send and receive certain messages. Your conduct is therefore subject to applicable Internet regulations, policies and procedures. You agree not to use the Network Solutions E-mail Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. You agree not to transmit through the Network Solutions E-mail Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You agree not to interfere with another customer's use and enjoyment of the Network Solutions E-mail Service or another entity's use and enjoyment of similar services. NSI's contractor, Critical Path, Inc. shall be an intended third party beneficiary of the Network Solutions E-mail Service customers' obligations under this Agreement and thus shall be entitled to enforce those obligations against such customers as if a party to this Agreement. NSI may, at its sole discretion, immediately terminate Network Solutions E-mail Service if your conduct fails to conform with these terms and conditions. You agree that NSI shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict access to or availability of material that it or any user of the Network Solutions E-mail Service considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. *F. PROPRIETARY RIGHTS TO CONTENT. You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either advertisements or e-mail-distributed, or other commercially produced information presented to you by the Network Solutions E-mail Service ("Content') by NSI or NSI's advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You therefore agree to use this content as expressly authorized by the Network Solutions E-mail Service or the advertiser. You agree not to copy, reproduce, distribute or create derivative works from this content without express authorization to do so by NSI or the advertiser. G. 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 at any time. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on NSI's homepages, or on notification to you by e-mail or United Sates mail. You agree to review NSI's homepages, 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 United States mail at the addresses listed on the cover page of this Agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Network Solutions services following notice of any revision to this Agreement or change in service(s), you agree to abide by any such revisions or changes. H. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your Account Number and Password that you selected when you opened your account with us. Please safeguard your Account Number and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Number or Password. I. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us 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: http://www.networksolutions.com/legal/dispute-policy.html. Please take the time to familiarize yourself with such policy. J. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You 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. K. 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. L. AGENTS. You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased our Network Solutions service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. M. 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. N. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Network Solutions services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). NSI 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 Network Solutions 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 mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number 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 relating to the deletion of or failure to store e-mail messages; and (7) loss or liability resulting from the development or interruption of your Web site. O. INDEMNITY. You agree to release, indemnify, and hold NSI, 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 Network Solutions services provided hereunder or your use of the Network Solutions services, including without limitation infringement by you, or someone else using the Network Solutions 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 NSI 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 NSI is threatened with suit by a third party, NSI may seek written assurances from you concerning your promise to indemnify NSI; your failure to provide those assurances may be considered by NSI to be a breach of your Agreement. P. BREACH. You agree that failure to abide by any provision of this Agreement, any NSI operating rule or policy or the Dispute Policy, 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 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. Q. 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. R. 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 Network Solutions service(s) 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 Network Solutions service(s) is solely at your own risk. You agree that such service(s) is provided on an "as is," "as available" basis. NSI 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. NSI MAKES NO WARRANTY THAT THE NETWORK SOLUTIONS SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NSI 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 NETWORK SOLUTIONS E-MAIL SERVICE OR THAT DEFECTS IN THE NETWORK SOLUTIONS SERVICE(S) SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NETWORK SOLUTIONS 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. NSI MAKES 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 NSI 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. S. REVOCATION. You agree that we may delete your domain name or terminate your right to use other Network Solutions service(s) if the information that you provided to register or reserve your domain name or register for other Network Solutions service(s), 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. T. 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 Network Solution 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 Network Solution service(s), or we delete your domain name or other Network Solution 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 Network Solution service(s). U. 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. V. ENTIRETY. You agree that this Agreement, the rules and policies published by NSI and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Network Solutions services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent. W. GOVERNING LAW. You agree that this Agreement shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, excluding its conflict of laws rules. You and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the Eastern District of Virginia, Alexandria Division. If there is no jurisdiction in the United States District Court for the Eastern District of Virginia, Alexandria Division, then jurisdiction shall be in the Circuit Court of Fairfax County, Fairfax, Virginia. **X. dot com biz card Content. You are solely responsible for the content you furnish for inclusion in your dot com biz card. NSI cannot and does not design, review or screen content provided in dot com biz cards by you and does not assume any obligation to monitor such content. HOWEVER, YOU AGREE THAT WE MAY REVIEW YOUR DOT COM BUSINESS CARD IN RESPONDING TO A THIRD PARTY COMPLAINT, AND NSI RESERVES THE RIGHT AT ITS SOLE DISCRETION TO REMOVE ANY DOT COM BUSINESS CARD, WITHOUT NOTICE AND WITH NO OBLIGATION TO REFUND FEES PAID, WHICH IN OUR JUDGMENT WE DETERMINE TO BE UNSUITABLE OR OTHERWISE UNLAWFUL OR HARMFUL. The content in your dot com biz card may be deemed by us to be unsuitable if, in our view, it: a.contains, promotes or links to sexually explicit or violent material;
b.promotes, depicts or links to material that promotes or depicts discrimination
based on race, gender, religion, national origin, physical or mental disability,
sexual orientation, or age; c.contains unlawful material, including but
not limited to materials that may violate another's intellectual property
rights, or links to a site that contains such material; d.contains information
regarding, promotes or links to a site that provides information or promotes
illegal activity; e.is considered by us or any person with access to such
content to be obscene, lewd, lascivious, filthy, excessively violent,
harassing or otherwise objectionable, whether or not such material is
constitutionally protected; or f.is deemed by us to be unsuitable for
any other reason. You understand that we reserve the right to conclude that your dot com
biz card has content that is unsuitable in accordance with our standards,
and we may come to such a conclusion even if it is based upon our opinion
or mere suspicion or belief, without any duty to prove that our opinion
or suspicion is well-founded and even if our opinion or suspicion is proven
not to be well-founded or if we provide other customers dot com biz cards
despite such web pages having the same or similar characteristics as your
dot com biz card. You also understand that by providing you the Network
Solutions service for the dot com biz card, NSI in no way endorses your
dot com biz card or deems your content to be suitable under the terms
of this Agreement. ***Y. dot com forwarding. You represent
and warrant that you have the necessary rights to use the dot com forwarding
service to forward, point, alias or resolve your domain name(s) to the
other domain name designated by you in ordering such services. Z. Infancy. You attest that you are of legal age to enter into this Agreement. This is NSI Service Agreement Version Number 3.0. This Service Agreement is for all Network Solutions services offered by NSI. |
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