Terms and Conditions for Domain Registration
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AGREEMENT
In this Service Agreement ("Agreement") "you" and
"your" refer to each customer, "we", us" and
"our" refer to RBz World/Hosting and "Services"
refers to the services provide by us. This Agreement explains our obligations
to you, and explains your obligations to us for various Services. By
selecting our Services 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 Services
or to cancel your Services (even if we were not notified of such authorization),
this Agreement covers such service or actions. By using the Services
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.
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 domain name, we may turn to you to hold us harmless and indemnify
us.
FEES, PAYMENT AND TERM
As consideration for the services you have selected, you agree to pay
us the applicable service(s) fees. All fees payable hereunder are non-refundable
unless we provide otherwise. As further consideration for the Services,
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 us 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 and that the registration of the selected Domain Name, so far
as the Registrant is aware, does not interfere with or infringe upon
the rights of any third party. The Registrant also represents that the
Domain Name is not being registered for any unlawful purpose.
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. Any such revision or change will be binding
and effective immediately on posting of the revised Agreement or change
to the service(s) on our web site, or on notification to you by e-mail
or regular mail as per the Notices section of this agreement, Section
20. You agree to review our web site, 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 regular mail as per the Notices section
of this agreement, Section 20. Notice of your termination will be effective
on receipt and processing by us. You agree that, by continuing to use
the 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.
MODIFICATIONS TO YOUR ACCOUNT
In order to change any of your account information with us, you must
use your Account Identifier and Password that you selected when you
opened your account with us. Please safeguard your Account Identifier
and Password from any unauthorized use. In no event will we be liable
for the unauthorized use or misuse of your Account Identifier or Password.
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:
Dispute Policy Link here
Please take the time to familiarize yourself with such policy.
- 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 United States of America.
AGENTS
You agree that, if an agent for you (i.e., an Internet Service Provider,
employee, etc.) purchased our Services on your behalf, you are nonetheless
bound as a principal by all terms and conditions herein, including the
Dispute Policy.
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.
LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with
respect to any Services(s) provided under this Agreement and any breach
of this Agreement is solely limited to the amount you paid for such
Service(s). We and our 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 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 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 email
service. The registrant agrees that we 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 we have been advised of the possibility of such damages. In
no event shall our maximum liability exceed five hundred ($500.00) dollars.
INDEMNITY
You agree to release, indemnify, and hold us, our 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 Services provided hereunder
or your use of the Services, including without limitation infringement
by you, or someone else using the 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 of our operating rules 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 we are threatened with suit by a third party,
we may seek written assurances from you concerning your promise to indemnify
us; your failure to provide those assurances may be considered by us
to be a breach of your Agreement and may result in deactivation of your
domain name.
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 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.
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 the registration, reservation, or use of the domain name.
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 Services
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 Services is solely at your
own risk. You agree that such Service(s) is provided on an "as
is," "as available" basis. we 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. 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 our e-mail service or that defects in the Services software will
be corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of the our 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. We make 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
us 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.
REVOCATION
You agree that we may delete your domain name or terminate your right
to use other Services if the information that you provided to register
or reserve your domain name or register for other Services, 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. You agree that we may, in our
sole discretion, delete or transfer your domain name at any time.
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 Services,
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 Services, or we
delete your domain name or other Services 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 Services.
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.
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.
NON-WAIVER
Our failure 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 us of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.
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 admin@rbzworld.com
or, in the case of notice to you, at the e-mail address provided
by you in your Affiliate Program application or as updated from time
to time.
Mail shall be sent to
RBz World PVT. Limited
Privacy Department
office #2, Sheraz Market,
Khambi,
Sara-i-Alamgir, Gujrat - 50001,
Pakistan
and to you at the mailing address provided in your Affiliate 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. (PST time) and otherwise on the next business day. Any communication
sent via regular mail shall be deemed to have been validly and effectively
given 15 business days after the date of mailing.
ENTIRETY
You agree that this Agreement, the rules and policies published us and
the Dispute Policy is the complete and exclusive agreement between you
and us regarding our Services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether established
by custom, practice, policy or precedent.
GOVERNING LAW
This Agreement shall be governed by and interpreted and enforced in
accordance with the Laws of the State of California and the FEDERAL
LAWS OF the United States of America applicable therein without reference
to rules governing choice of laws. Any action relating to this Agreement
must be brought in the Santa Barbara courts located in Santa Barbara,
California, USA and you irrevocably consent to the jurisdiction of such
courts.
INFANCY
You attest that you are of legal age to enter into this Agreement.
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 PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
