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Registration Agreement Wild
West Domains, Inc. This is an agreement between "you" and Wild West Domains, Inc. ("Wild West") an Arizona Corporation. This agreement explains the basis upon which the domain registration transactions between you and Wild West will take place and our responsibilities toward each other. The term "you" shall refer to yourself. By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you've established with Wild West, whether or not the transactions were in your behalf. To complete the registration process, you must read this entire agreement, as well as our dispute policy and agree to be bound by all the terms and conditions. You acknowledge that Wild West is a registrar bound by an agreement between Wild West and the Internet Corporation for Assigned Names and Numbers ("ICANN"). You agree that Wild West may modify this agreement in order to comply with applicable law and the terms and conditions set forth by ICANN. You acknowledge that Wild West's acceptance of any application made by you for services provided by Wild West will take place at Wild West's offices located in Scottsdale, Arizona, USA. Your domain name is being registered through an agreement between Wild West and KoreDomains: Cheap Domain Registration. KoreDomains: Cheap Domain Registration is not an ICANN accredited registrar, but is entitled to offer domain name registrations as a reseller of Wild West’s services. 1. FEES In consideration for the services and products ("service") purchased by you and provided to you by Wild West, you agree to pay Wild West at the time service is provided. Payment is to be made by you providing a valid credit card for charge by Wild West, and is non-refundable. If for any reason Wild West is unable to charge your credit card with the full amount owed Wild West for the service provided, or if Wild West is charged back for any fee it previously charged to the credit card you provided, you agree that Wild West may pursue all available remedies in order to obtain payment. You agree that among the remedies Wild West may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names registered or renewed on your behalf. Domain Name Renewals. When You register a domain name, You have the option to elect that the domain name be automatically renewed upon reaching the expiration date. If You elect the automatic renewal option, Wild West will automatically renew, for a period of one year, any domain name that is up for renewal and will charge the credit card you have on file with Wild West, at Wild West's then current rates. Domain name renewals will be non refundable. If for any reason Wild West is not able to charge the credit card you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your credit card information current, including the expiration date. If You do not elect that the domain name be automatically renewed, You have the responsibility of logging into your account manager for that domain name and manually implementing the renewal by the expiration date (should you in fact want the domain name to be renewed). In this case, if you fail to manually implement the renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that name. You agree that Wild West will not be responsible for cancelled domain names that You fail to renew, either automatically or manually. In any case, if you fail to renew Your domain name in a timely fashion, additional charges may apply. 2. TERM OF AGREEMENT; MODIFICATIONS The term of this agreement shall continue in full force and effect as long as you have any domain name registered through Wild West. You agree that you will not transfer any domain name registered through Wild West to another domain name registrar during the first sixty (60) days from its initial registration date. You agree that Wild West may modify this agreement from time to time. Wild West may also discontinue services it provides under this agreement. You agree to be bound by any changes Wild West may reasonably make to this agreement when such changes become effective. Should you elect to cancel your agreement with Wild West you will not receive a refund for any fees you may have paid to Wild West. You agree that Wild West shall not be bound by any representations made by third parties who you may use to purchase services from Wild West, and that any statements of a general nature, which may be posted on Wild West's web site or be contained in Wild West's promotional materials, will not bind Wild West. 3. UP TO DATE INFORMATION; USE OF INFORMATION You agree to notify Wild West within 5 business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Wild West with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Wild West to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement. You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement: The
domain name You agree that, to the extent permitted by ICANN, Wild West may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names you agree to provide any individuals whose personal information you've obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide. 4. DISPUTE RESOLUTION POLICY You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this agreement. Our current dispute policy can be found on our web site at: http://www.secureserver.net/dispute_policy.asp. You agree that Wild West may from time to time modify its Dispute Resolution Policy. Wild West will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining your domain name registrations with Wild West after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review Wild West's web site periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel your agreement with Wild West as a result of the modified Dispute Resolution policy no fees will be refunded to you. You agree that if a dispute arises as a result of one or more domain names you have registered using Wild West, you will indemnify, defend and hold Wild West harmless as provided for in this agreement. You also agree that if Wild West is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using Wild West, that Wild West, in its sole discretion, may take whatever action Wild West deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold Wild West harmless for any action taken by Wild West. 5. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES If you transfer any domain name you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement. You may view the current version of our Domain Transfer Agreement at: http://www.secureserver.net/xfrAgreement.asp?generateBlank=yes You agree to inform any customer of yours, who may be acquiring a domain name through you using Wild West's registration services, that they are in fact registering their domain name through Wild West and that Wild West is an accredited registrar with ICANN. You agree not to represent that you are an ICANN accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your web site. You agree to obtain each of your customers' acceptances of Wild West's then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customer's accept additional terms and conditions that are not required by Wild West, you agree that such additional terms and conditions shall not conflict with Wild West's Domain Registration Agreement and the policies and business procedures adopted by ICANN. You agree that Wild West is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to Wild West's registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database. You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within 5 business days, provide such information to Wild West so Wild West may update its registration records. You will retain copies of all communications between you and your customers and will upon request provide Wild West copies of same. 6. SUSPENSION OF SERVICES; BREACH OF AGREEMENT You agree that, in addition to other events set forth in this agreement, your ability to use any of the services provided by Wild West is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN. You agree that your failure to comply completely with the terms and conditions of this agreement and any Wild West rule or policy may be considered by Wild West to be a material breach of this agreement and that Wild West may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide Wild West with material evidence that you have not breached your obligations to Wild West within ten (10) business days, Wild West may terminate its relationship with you and take any remedial action available to Wild West under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, canceling the registration of any of your domain names and discontinuing any services provided by Wild West to you. No fees will be refunded to you should your agreement be cancelled or services be discontinued because of a breach. Wild West's failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach. 7. RESTRICTION OF SERVICES; RIGHT OF REFUSAL You
agree not to use the services provided by Wild West, or to allow or
enable others, to use the services provided by Wild West for the purposes
of: You agree that Wild West, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. Wild West also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place. Wild West may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event Wild West refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to Wild West in connection with the registration either being canceled or refused. In the event Wild West deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued. 8. LIMITATION OF LIABILITY You agree that Wild West's entire liability to you under this agreement, and your only remedy, in connection with any service provided by Wild West to you under this agreement, and for any breach of this agreement by Wild West, shall be limited to the fees you paid to Wild West for the particular service in contention. WILD WEST AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF WILD WEST'S SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, WILD WEST'S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. WILD WEST DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM: access
delays or interruptions to our web site or domain name registration
system You agree to release, defend, indemnify and hold harmless Wild West and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with Wild West whether or not on your behalf, and whether or not with your permission) use of the services provided by Wild West. Should Wild West be notified of a pending law suit, or receive notice of the filing of a law suit, Wild West may seek a written confirmation from you concerning your obligation to indemnify Wild West. Your failure to provide such a confirmation may be considered a breach of this agreement. 10. REPRESENTATIONS AND WARRANTIES You warrant that all information provided by you as part of the registration process is complete and accurate. You also warrant that each registration you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity. You agree that Wild West makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to you against the possibility of objection to, or challenge of, the registration or use of any domain name you register with Wild West. Wild West expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Wild West, as well as its affiliates, subsidiaries, officers, directors and employees. Wild West also reserves the right to freeze a domain name during resolution of a dispute. 11. DISCLAIMER OF WARRANTIES. 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 OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 12. SEVERABILITY; ENTIRETY You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect. You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between you and Wild West regarding the services contemplated herein. 13. VENUE; WAIVER OF TRIAL BY JURY THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF ARIZONA. EXCEPT FOR DISPUTES CONCERNING THE USE OF A DOMAIN NAME REGISTERED WITH WILD WEST, THE LAWS AND JUDICIAL DECISIONS OF MARICOPA COUNTY, ARIZONA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF MARICOPA COUNTY, ARIZONA. FOR THE ADJUDICATION OF DISPUTES CONCERNING THE USE OF ANY DOMAIN NAME REGISTERED WITH WILD WEST, YOU AGREE TO SUBMIT FOR JURISDICTION AND VENUE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF ARIZONA LOCATED IN PHOENIX, ARIZONA. YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT. 14. NOTICES You agree that all notices (except for notices concerning breach of this agreement) from Wild West to you may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address you have on file with Wild West or mailed first class postage to the postal address you have on file with Wild West. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices
from you to Wild West shall be made either by email, sent to the address
we provide on our web site, or first class mail to our address at:
Delivery shall be deemed to have been made by you to Wild West five (5) days after the date sent. 15. PROVISIONS SPECIFIC TO .COM, .NET, .ORG, and .CC REGISTRATIONS Indemnification. You agree to indemnify, defend and hold harmless VeriSign, Inc. and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. 16. PROVISIONS SPECIFIC TO .WS (WebSite) REGISTRATIONS Indemnification. You agree to indemnify, defend and hold harmless Global Domains International, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. 17. ADDITIONAL REQUIREMENTS FOR .INFO REGISTRANTS If
you are registering a .info domain name you also agree to: (i) consent
to the use, copying, distribution, publication, modification and other
processing of Registered Name Holder's Personal Data by the .info
Registry Operator and its designees and agents; 18.
ADDITIONAL REQUIREMENTS FOR .BIZ REGISTRANTS BIZ
RESTRICTIONS
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes. DOMAIN
NAME DISPUTE POLICY MODIFICATIONS. DOMAIN
NAME DISPUTES RESERVATION
OF RIGHTS 19. PROVISIONS SPECIFIC TO .US REGISTRATIONS You, the Registrant, shall indemnify and hold harmless NeuStar, the .US Registry, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant’s (i) .US domain name registration and (ii) use of any .US registered domain name. The Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a .US domain name. A. Registrants must be either:
1. A natural person (i) who is a United States citizen, (ii) who is
a permanent resident of the United States of America or any of its
possessions or territories, or (ii) whose primary place of domicile
is in the United States of America or any of its possessions, or;
B. The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories. Registrant further certifies that Wild West Domains, Inc. has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willing volunteered such information. Registrant understands and agrees that such information will be verified and will be shared with the .US Registry. Registrant understands and agrees that if such information cannot be verified, or if Registrant fails to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.
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