Соглашение между Адграфикс и Покупателем домена Tucows
This Registration Agreement ("Agreement") sets forth
the terms and conditions of your use of Adgrafics inc. domain name
registration services, Adgrafics.net, to register an Internet domain
name, as well as your registration of that domain name. In this Agreement,
"you" and "your" refer to each customer ("Customer") and "we", "us"
and "our" refer to Adgrafics.net. Service is referred to as ("Domain
Name Services) This Agreement explains our obligations to you, and your
obligations to us in relation to your use of our services. By selecting
Adgrafics.net 's domain service(s) you have agreed to establish
an account with us for such services. 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
dispute policy and any rules or policies that are or may be published
by Adgrafics.net from time to time. This Agreement will become
effective when accepted by Adgrafics.net. We may elect to accept
or reject your domain name registration application for any reason at
its sole discretion, such rejection including, but not limited to, rejection
due to a request for registration of a prohibited domain name.
1. WHAT WE DO
Adgrafics.net is an accredited registrar with the
Internet Corporation for Assigned Names and Numbers ("ICANN") for the
.com, .net and .org Top Level Domains (TLDs). ICANN oversees the .com,
.net and .org TLDs. As an accredited domain name registrar, Allegiance
Telecom is, upon accepting your domain name registration application,
your sponsor for that application. All domain name registrations we
register for .com, .net and .org are not effective until we have delivered
the domain name registration information you provide us to the registry
administrator for the .com, .net or .org TLDs, as applicable, and the
registry administrator puts into effect your domain name registration.
You agree and acknowledge that Adgrafics.net
is not liable or responsible in any way for any errors, omissions or
any other actions by the registry administrator arising out of or related
to your application and receipt of, or failure to receive, a domain
name registration.
You further agree to indemnify, defend and hold
harmless the registry administrator and its directors, officers, employees,
and agents from and against any and all claims, damages, liabilities,
costs, and expenses (including reasonable legal fees and expenses) arising
out of, or related to, your domain name registration.
2. USE OF A DOMAIN NAME.
You represent that, to the best of the your knowledge
and belief, neither the registration of the domain name nor the manner
in which it is directly or indirectly used infringes the legal rights
of a third party and that the domain name is not being registered for
any unlawful purpose. Furthermore, you understand that we 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. If you are ordered by
a court to cancel, modify, or transfer your domain name, or Allegiance
Telecom is threatened with legal action in connection with your domain
name, we may turn to you to hold us harmless and to indemnify us.
3. ACCOUNT ACCESS AND MODIFICATIONS TO YOUR ACCOUNT
Adgrafics.net considers the entity named as the
administrative contact for the domain name the controlling party when
you register a domain name through our application process. At the time
of registration, you are responsible for selecting a user name and password
to protect your domain name registration records (including your contact
records and host records) from unauthorized changes. In order to change
any of your account information with us, you must use your user name
and password. Please safeguard your this information from any unauthorized
use. In no event will Adgrafics.net be liable for the unauthorized
use or misuse of your username or password.
4. PAYMENT, FEES, AND TERM OF SERVICE
As consideration for the domain name registration
services provided by Adgrafics.net to you, you agree to pay Adgrafics inc.,
prior to the effectiveness of the desired domain name registration,
the then-current amounts set forth in our price schedule,
for the initial registration of the domain name and, should you choose
to renew the registration, subsequent renewals of the registration.
All fees are non-refundable, in whole or in part, even if your domain
name registration is suspended, cancelled or transferred prior to the
end of your then current registration term. Adgrafics.net reserves
the right to amend, increase, or decrease fees, surcharges, renewal
fees or to institute new fees at any time, for any reason, at its sole
discretion. You agree the requested domain name will not be registered
unless we receive and process payment of the registration fee.
Registration Term:
You agree that the Registration Agreement will remain
in full force during the length of the term of your Domain Name
Registration as selected, recorded, and paid for upon registration
of the Domain Name. Should you choose to renew or otherwise lengthen
the term of your Domain Name Registration, then the term of this
Registration Agreement will be extended accordingly. Should you
transfer your domain name or should the domain name otherwise be
transferred due to another Registrar, the terms and conditions of
this contract shall cease and shall be replaced by the contractual
terms in force for the purpose of registering domain names then
in force between Domain name holders and the new Registrar.
Registrar Transfers
i. You represent and warrant that: (a) the information
provided to Alegiance Telecom in connection with your registrar
transfer application is accurate and complete; (b) you are the rightful
holder of the registration for the domain name; (c) the registrar
of record for the domain name as of the date of this request is
the current registrar; (d) you are not in default on any obligations
you may owe to the current registrar; (e) you are not the subject
of any pending bankruptcy proceedings; (f) you are not party to
any dispute resolution proceeding concerning your use or registration
of the domain name; (g) the domain name is not the subject of any
collection proceedings, including garnishment, attachment, levy
or otherwise. The individual submitting this request represents
and warrants that they are authorized to request a change of registrar
and to apply for our registrar services.
ii. You authorize us to take all actions necessary
to become the registrar for the domain name, including transmitting
to the appropriate Registry a request to change the Registry database
to reflect Adgrafics.net as the registrar of record. You acknowledge
and agree that we shall not be responsible for any legal obligations
you may owe to any third party, including the current registrar.
You further acknowledge and agree that that in order to transfer
your domain to the Adgrafics.net registrar , the domain owner,
or initiating party, must have completed a transfer application
and acknowledges the domain meets all registrar transfer requirements.
Once a transfer request is completed, a confirmation email will
be sent to the owner on file on the current domain contact record.
A domain name transfer shall only take place when the domain owner
confirms the intentions of the transfer as set forth in the form
sent by the registrar. You further understand that some loosing
registrars require additional confirmation from the domain owner.
If, for any reason, the domain owner fails to confirm any information
contained in the form, the domain name transfer shall not occur,
the party initiating the transfer shall not be entitled to a return
of the fee associated with the attempted transfer, however, we will
reprocess the transfer for a period of up to 90 days.
iii.. You agree that you may not transfer your domain
name registration to another registrar during the first sixty (60)
days from the effective date of your initial domain name registration
with Adgrafics.net.
Renewals:
i.Renewal notices are provided by e-mail at least
sixty (60) days in advance of the renewal date sent to the billing
contact on record, or via your Domain Manager when renewal fees
are due. Should these fees go unpaid within the time specified in
a second notice or reminder regarding renewal, your registration
will be cancelled. Payment must be made by credit card or such other
method as we may indicate in the registration application or renewal
form You are solely responsible for ensuring the services are renewed.
Adgrafics.net shall have no liability to you or any third party
in connection with the renewal, including, but not limited to, any
failure or errors in renewing the services.
Refunds, returns, allowances and charge backs:
You agree that all domain name sales are final. You
understand there are no refunds, returns,allowances, or credits
on any domain names purchased by you. Furthermore, you agree that
you will not charge back any amounts previously charged to your
credit card by us. If you charge back a credit card charge for a
payment initiated by you, or any third party, you agree that we
may recover the amount of the charge back, as well as the charge
back fee by any means we deem necessary, including but not limited
to re-charging your credit card for the charge back. If you initiate
a charge back of a previous credit card charge, access to your account
may be denied until payment is made and your account may be terminated,
both at the sole discretion of us. In the event of a charge back
in connection with the payments of the registration fee for your
domain name, you agree and acknowledge that the domain name registration
shall be transferred to Adgrafics.net as the paying entity
for that registration to the registry and that we reserve all rights
regarding such domain name including, without limitation, the right
to make the domain name available to other parties for purchase.
Adgrafics.net will reinstate your domain name registration
solely at our discretion, and subject to our receipt of the initial
registration or renewal fee and our then-current reinstatement fee
of $200.00 US.
5. DISPUTE POLICY
You acknowledge that you have read, understood,
and agree to be bound by all terms and conditions of ICANN's Uniform
Domain Name Dispute Resolution Policy (the "UDRP"), as amended from
time to time, which is hereby incorporated and made a part of this Agreement
by reference for all domain name registrations or renewals. Certain
disputes, as specified in the Dispute Policy, are subject to that Policy.
You agree that you will be subject to the provisions specified in the
Dispute Policy in effect at the time your domain name registration is
disputed by a third party, in the event such dispute arises.
(You also agree that, in the event a domain name dispute arises with
any third party, you will indemnify and hold Adgrafics.net harmless
pursuant to the terms and conditions contained in the Dispute Policy.)
6. CHANGES TO AGREEMENT AND DISPUTE POLICY
You acknowledge that we may modify this Agreement and
the Dispute Policy if necessary to comply with our ICANN agreement,
and any other Agreements that Adgrafics.net is currently bound
by, or, will be bound by in the future, as well as to adjust to changing
business circumstances. You agree that, by continuing to use the Allegiance
Telecom services relating to domain name registration, that following
notice of any revision to this Agreement or change in service(s), you
shall constitute your acceptance of this Agreement and the Dispute Policy
with the new modifications. You agree that any such revision or change
will be binding and effective immediately upon posting of the revised
Agreement or change to the service(s) on Adgrafics.net 's web sites,
or upon notification to you by e-mail or United States mail. You agree
to periodically review our web sites, including the current version
of this Agreement available at http://domains.adgrafics.net/agree_registrationagreement.php,
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 addressed as follows:
Adgrafics inc.
Adgrafics.net Domain Registrar
Ukraine
Khmelnitsky 29000
Kamenetska 74
You may also request your domain name registration
be cancelled, or, at the expense of the domain registrant, transferred
to a different domain name registrar. You agree that such cancellation
or request for transfer will be your exclusive remedy if you do not
wish to abide by any changes to this Agreement or the Dispute Policy.
7. DOMAIN NAME REGISTRATION INFORMATION AND ITS USE
A. Accurate Record Keeping. As part of the registration process,
you are required to provide certain
information and to update promptly this information as requested by
Adgrafics.net to keep it current, complete and accurate. The
information you are obligated to provide in connection with the domain
name you are registering is the following:
i. Your name, postal address, and physical address (or if different, that of the domain name holder);
ii. The domain name being registered;
iii. The name, postal address, physical address,
e-mail address, voice telephone number, and where available, fax
number of the administrative contact for the domain name; and
iv. The name, postal address, physical address,
e-mail address, voice telephone number, and where available, fax
number of the billing contact for the domain name.
You agree and acknowledge that when you renew
your domain name registration, the type of information you are required
to provide may have changed. If you do not wish to provide the new
required information, your registration may not be renewed.
All other information which we may request
from you at registration is voluntary. However, not providing this
information may prevent you from obtaining all products and services
made available to domain name registrants by us, other than registration
of the domain name.
B. Additional Information Maintained About Your Registration.
In addition to the information you provide, we
maintain records relating to your domain name registration. These
records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration
application to us and by us to the proper registry;
iii. Communications (electronic or paper form)
constituting registration orders, modifications, or terminations
and related correspondence between you and us;
iv. Records of account for your domain name
registration, including dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver
and any secondary nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, physical address,
e-mail address, voice telephone number, and where available, fax
number of the technical contact for the domain name;
viii. The name, postal address, physical address,
e-mail address, voice telephone number, and where available, fax
number of the zone contact for the domain name;
ix. The expiration date of the registration;
x. Miscellaneous information regarding all other
activity between you and us regarding your domain name registration
and related services.
C. Obligations Relating to Registration Data.
In the event that, in registering the
domain name, you are providing information about a third party, you
hereby represent that you have (a) provided notice to that third party
of the disclosure and use of that party's information as set forth
in this Agreement, and (b) that you have obtained that third party's
express consent to the disclosure and use of that party's information
as set forth in this Agreement. You
acknowledge that willfully providing inaccurate information or willfully
failing to update information promptly will constitute a material
breach of this Agreement and will be sufficient basis for cancellation
of your domain name registration. You further agree that your failure
to respond within fifteen (15) calendar days to inquiries by Allegiance
Telecom concerning the accuracy of contact details associated with
your registration shall constitute a material breach of this Agreement
and will be sufficient basis for cancellation of your domain name
registration.
D. Disclosure and Use of Registration Information.
You agree and acknowledge that Adgrafics.net
will make available domain name registration information you provide
or that we otherwise maintain to ICANN, to the registry administrator(s),
and to other third parties as ICANN and applicable laws may require
or permit. You further agree and acknowledge that Adgrafics.net
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 for targeted marketing and other purposes as required
or permitted by ICANN and applicable laws.
Additionally, you acknowledge that ICANN may
establish guidelines, limits and/or requirements that relate to
the amount and type of information that Adgrafics.net may or
must make available to the public or to private entities, and the
manner in which such information is made available.
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 Adgrafics.net.)
You may access your domain name registration
information in Adgrafics.net possession to review, modify or
update such information, by accessing our domain manager service,
made available at (manage.php).
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.
Adgrafics.net will take reasonable precautions
to protect the information it obtains from you from our loss, misuse,
unauthorized access or disclosure, alteration or destruction of
that information.
8. OWNERSHIP OF DATABASE
You agree and acknowledge that Adgrafics.net owns
all database, compilation, collective , title and interests in our domain
name database, and all information and derivative works generated from
the domain name database. You further agree and acknowledge that we
own the following information for those registrations for which we are
the registrar: (a) the original creation date of the registration, (b)
the expiration date of the registration, (c) the name, postal address,
e-mail address, voice telephone number, and where available fax number
of the technical contact, administrative contact, zone contact and billing
contact for the domain name registration, (d) any remarks concerning
the registered domain name that appear or should appear in the WHOIS
or similar database, and (e) any other information we generate or obtain
in connection with the provision of domain name registration services,
other than the domain name being registered, the IP addresses of the
primary nameserver and any secondary nameservers for the domain name,
and the corresponding names of those nameservers. Adgrafics.net
does not have any ownership interest in your specific personal registration
information outside of its rights in Adgrafics.net domain name
database, or other rights specifically set out elsewhere herein.
9. AGENTS AND LICENSES
You agree that, if you are registering a domain name
for someone else, you represent that you have the authority to bind
that person as a principal to all terms and conditions provided herein,
including the Dispute Policy. You agree that if you license the use
of the domain name registered to you to a third party, you nonetheless
remain the domain name holder of record, and remain responsible for
all obligations under this Agreement, including but not limited to payment
obligations, and providing (and updating, as necessary) both your own
full contact information, and accurate technical, administrative, billing
and zone contact information adequate to facilitate timely resolution
of any problems that arise in connection with the domain name and domain
name registration.
10. LIMITATION OF LIABILITY
YOU AGREE THAT ADGRAFICS.NET WILL NOT
BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION
IN YOUR NAME, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION
OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE
OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR
NAME; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION; (f) EVENTS BEYOND ADGRAFICS.NET’S REASONABLE
CONTROL; (g) THE PROCESSING OF THIS APPLICATION; OR (h) APPLICATION
OF THE DISPUTE POLICY. YOU FURTHER AGREE THAT ADGRAFICS.NET ALSO
WILL NOT BE LIABLE FOR 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 Adgrafics.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL ADGRAFICS.NET'S MAXIMUM AGGREGATE LIABILITY
EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME,
IN THE SUM OF FIVE HUNDRED DOLLARS ($500.00). IN THE EVENT THAT SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THEN IN SUCH STATES, OUR LIABILITY IS LIMITED
TO THE EXTENT PERMITTED BY LAW.
11. INDEMNIFICATION OF Adgrafics.net
You agree to defend, indemnify and hold Adgrafics.net,
its subsidiaries, affiliates, successors and assigns, and their respective,
shareholders, directors, officers, employees and agents harmless from
and against any and all claims, damages, costs and expenses, including
attorneys' fees, arising from or related to your use of the Site. This
indemnification is in addition to any indemnification required under
the Dispute Policy.
12. REPRESENTATIONS AND WARRANTIES
You represent that, to the best of your knowledge and
belief, neither the registration of the domain name nor the manner in
which it is directly or indirectly used infringes the legal rights of
a third party. You further represent and warrant that all information
provided by you in connection with your domain name registration is
accurate.
ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS."
Except for our statement
regarding our accreditation as an ICANN-approved domain name registrar
in the introductory paragraph of this Agreement,
ADGRAFICS.NET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR
ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS
SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT
ANY LIMITATION TO THE FOREGOING, Adgrafics.net MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN
NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO
YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER
OF THE DOMAIN NAME REGISTERED TO YOU.
13. TRANSFER OF OWNERSHIP:
The person named as administrative contact at the time
the controlling user name and password are secured shall be the owner
of 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.
14. BREACH AND REVOCATION:
Adgrafics.net reserves the right to suspend, cancel,
transfer or modify your domain name registration in the event (a) you
materially breach this Agreement (including the Dispute Policy) and
do not cure such breach within thirty (30) days of notice by Allegiance
Telecom, (b) you use the domain name registered to you to send unsolicited
commercial advertisements in contradiction to either applicable laws
or customary acceptable usage policies of the Internet, (c) you use
your domain name in connection with unlawful activity, or (d) grounds
arise for such suspension, cancellation, transfer or other modification
as provided for in this Agreement.
You further acknowledge and agree that your registration
of a domain name is (a) subject to suspension, cancellation or transfer
by any ICANN procedure, by any registrar (including Adgrafics.net)
or registry administrator procedures approved by an ICANN-adopted policy,
or by any other ccTLD registry administrator procedures as the case
may be, (b) to correct errors by Adgrafics.net, another registrar
or the registry administrator in administering the name or (c) for the
resolution of disputes concerning the domain name.
You also agree that Adgrafics.net shall have the
right in its sole discretion to suspend, cancel, transfer or otherwise
modify a domain name registration upon seven (7) calendar days prior
written notice, or at such time as Adgrafics.net receives a properly
authenticated order from a court of competent jurisdiction, or arbitration
requiring the suspension, cancellation transfer or modification of the
domain name registration.
15. CONTROLLING LAW AND VENUE
Except as stated in the Dispute Policy with respect to
disputes, this Agreement, your rights and obligations and all actions
contemplated by this Agreement shall be governed by the laws of the
United States of America and the State of Texas, as if the Agreement
was a contract wholly entered into and wholly performed within the State
of Texas. Except as in the Dispute Policy with respect to disputes,
any action to enforce this Agreement or any matter relating to your
use of the Adgrafics.net site shall be brought exclusively in the
United States District Court for the District of Texas, or if there
is no jurisdiction in the United States District Court, then jurisdiction
shall be in the Circuit Court of Dallas County, Dallas, Texas.
16. NOTICES
You agree that any notices required to be given
under this Agreement by Adgrafics.net to you will be deemed to
have been given if delivered in accordance with the contact information
you have provided.
17. ENTIRETY
This Agreement and the Dispute Policy, together
with all modifications, constitute the complete and exclusive agreement
between you and Adgrafics.net, and supersede and govern all prior
proposals, agreements, or other communications.
18. GENERAL
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.
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