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1. INTRODUCTION.
In this Service Agreement ("Agreement"), "you"
and"your" refer to each customer ("Customer") and "we", "us" and
"our" refer to Ulimit.com, Inc. ("Ulimit.com"). This Agreement explains our
obligations to you, and your obligations to us in relation to your use of
our services. By selecting Ulimit.com's 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 your account to register or otherwise acquire
access to additional Ulimit.com' service(s) or to modify or cancel
your Ulimit.com' service(s) (even if we were not notified of such
authorization), this Agreement covers any such service or actions.Any
acceptance of your application(s) for our services and the performance of
our services will occur at our offices in Mountain View, California, the
location of our principal place of business.
2. SECURITY.
When you register a domain name with us through
our application process, you are responsible for selecting a password to
protect your account registration records (including your contact records
and host records) from unauthorized changes. Please make sure you remember
your password and keep it secret.
3. VARIOUS SERVICES.
This entire Agreement is applicable to any and all
of the services you have chosen, including but not limited to domain name
registration services and email forwarding services.
4. TERM OF SERVICE.
As consideration for the services you have selected,
you do not have any fees to pay Ulimit.com. However, you must strictly
abide by our terms of service. Accounts that are not in respect of our
terms, can be deleted at any time. Unless otherwise specified,each
Ulimit.com' service is for a one-year initial term and renewable in
perpetuity there after for successive one year terms, as specified during
the renewal process. Any renewal of your services with us is subject to
our then current terms and conditions. We will provide you notice prior
to the renewal of your services at least fifteen (15) days in advance of the
renewal date. You are solely responsible for ensuring the services are
renewed. Ulimit.com 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.
5. ACCURATE INFORMATION.
As further consideration for the
Ulimit.com service(s), you agree to: (1) provide certain true,current,
complete and accurate information about you as required by the application
process; and (2) maintain and update this information as needed to keep it
current, complete and accurate.We rely on this information to send you
important information and notices regarding your account and our services.
Our privacy statement, located on our Web site at
http://www.ulimit.com/en/privacy.php and incorporated herein by
reference sets forth your and our rights and responsibilities with regard
to your personal information.You agree that we, in our sole discretion,
may modify our privacy statement. We will post such revised statement on
our Web site at least thirty (30) calendar days before it becomes
effective.You agree that, by using our services after modifications to the
privacy statement become effective, you have agreed to these modifications.
You acknowledge that if you do not agree to any such modification, you may
terminate this Agreement. We will not process the personal data that we
collect from you in a way incompatible with the purposes and other
limitations described in our privacy statement and we will take
reasonable precautions to protect your personal data from loss, misuse and
unauthorized access, disclosure, alteration or destruction.You represent
and warrant that you have provided notice to, and obtained consent from,
any third party individuals whose personal data you supply to us as part of
our services with regard to: (i) the purposes for which such third party's
personal data has been collected, (ii) the intended recipients or
categories of recipients of the third party's personal data, (iii)
which parts of the third party's data are obligatory and which parts,if
any, are voluntary; and (iv) how the third party can access and, if
necessary, rectify the data held about them. You further agree to provide
such notice and obtain such consent with regard to any third party personal
data you supply to us in the future.We are not responsible for any
consequences resulting from your failure to provide notice or receive
consent from such individuals nor for your providing outdated, incomplete
or inaccurate information.
6. MODIFICATIONS TO AGREEMENT.
Except as otherwise provided in
this Agreement, you agree, during the term of this Agreement, that we may:
(1) revise the terms and conditions of this Agreement; and/or(2) change
part of the services provided under this Agreement at any time. Any such
revision or change will be binding and effective immediately upon posting
of the revised Agreement or change to the service(s) on Ulimit.com's Web
sites, or upon notification to you by e-mail. You agree to
periodically review our Web sites, including the current version of this
Agreement available on our Web sites, 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. Notice of your
termination will be effective on receipt and processing by us. By
continuing to use Ulimit.com's services after any revision to this
Agreement or change in service(s), you agree to abide by and be bound by
any such revisions or changes. We are not bound by nor should you rely on
any representation by (i) any agent, representative or employee of any third
party that you may use to apply for our services; or in (ii) information
posted on our Web site of a general informational nature.No employee,
contractor, agent or representative of Ulimit.com is authorized to alter or
amend the terms and conditions of this Agreement.
7. MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account
information with us, you must use the Account Login and the Password that
you selected when you opened your account with us through our online
application process. Please safeguard your Account Login and Password from
any unauthorized use. In no event will we be liable for the
unauthorized use or misuse of your Account Login or Password.
8. FORWARDING SERVICE.
Description of Service. Ulimit.com is providing
you with the capability to forward users or visitors whom type in a
specific domain name to another domain name designated by you through our
services. You represent and warrant that you have the necessary rights to
use the forwarding service to forward, point,alias or resolve your domain
name(s) to the other domain name designated by you in ordering such
services.
9. 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 that 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:
www.ulimit.com/en/dispute-policy.php. Please take the time to
familiarize yourself with that policy.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS.
You agree that we, in our
sole discretion, may modify our dispute policy. We will post any such
revised policy on our Web site at least thirty (30) calendar days before
it becomes effective. 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 modification, you may terminate this
Agreement.
11. DOMAIN NAME DISPUTES.
You agree that, if your use of our domain name
registration services is challenged by a third party, you will be subject
to the provisions specified in our dispute policy in effect at the time of
the dispute. You agree that in the events domain name dispute arises with
any third party, you will indemnify and hold us harmless pursuant to the
terms and conditions set forth below in this Agreement. If we are notified
that a complaint has been filed with a judicial or administrative
body regarding your use of our domain name registration services, you agree
not to make any changes to your domain name record without our prior
approval. We may not allow you to make changes to such domain name record
until (i) we are directed to do so by the judicial or administrative body,
or (ii) we receive notification by you and the other party contesting your
registration and use of our domain name registration services that
the dispute has been settled. Furthermore, you agree that if you are subject
to litigation regarding your registration and use of our domain name
registration services, we may deposit control of your domain name record
into the registry of the judicial body by supplying a party with a
registrar certificate from us. You agree that we will comply with all court
orders, domestic or international,directed against you and/or the domain
name registration.
12. AGENTS.
You agree that, if your agent (e.g., an Internet
Service Provider, employee, etc.) signed up for our service(s) on your
behalf,you are nonetheless bound as a principal by all terms and
conditions herein, including the dispute policy. Your continued use of our
services shall ratify any unauthorized actions of your agent.By acting on
your behalf, your agent certifies that he or she is authorized to apply for
our services on your behalf, that he or she is authorized to bind you to
the terms and conditions of this Agreement and that he or she has apprised
you of the terms and conditions of this Agreement. In addition, you are
responsible for any errors made by your agent.
13. NOTICES AND ANNOUNCEMENTS.
You authorize us to notify you as our
customer of information that we deem is of potential interest to you.
Notices and announcements may include commercial e-mails and other notices
describing changes, upgrades, new products and services or other
information pertaining to Internet security or to enhance your identity on
the Internet and/or other relevant matters. If you do not wish to receive
bulk email solicitation notices or announcements please visit our pages at
http://www.ulimit.com/en/member.php
14. EXCLUSIVE REMEDY.
You agree that our entire liability, and
your exclusive remedy, in law, in equity, or otherwise, with respect to any
Ulimit.com's service(s) provided under this Agreement and/or for any breach
of this Agreement is solely limited to the amount you paid for such
service(s). Ulimit.com 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 Ulimit.com 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 Login and Password; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all information or
service(s) provided under this Agreement; (6) loss or liability relating to
the deletion of or failure to store e-mail messages; (7) loss or liability
resulting from the development or interruption of your Web site; (8) loss
or liability from your inability to use our e-mail forwarding service; (9)
loss or liability that you may incur in connection with our processing of
your application for our services, our processing of any authorized
modification to your domain name record or your agents;or (10) loss or
liability as a result of the application of our dispute policy.
15. INDEMNITY.
You agree to release, indemnify, defend and hold
Ulimit.com,in our capacities as the registry and a registrar,and the
applicable registry for any top-level domain in which you are applying for
services hereunder, and any of our or their contractors, agents, employees,
officers, directors, shareholders,affiliates and assigns harmless from all
liabilities,claims, damages, costs and expenses, including
reasonable attorneys' fees and expenses, of third parties relating to or
arising under this Agreement, the Ulimit.com services provided hereunder,
your domain name registration, or your use of the Ulimit.com services,
including without limitation infringement or dilution by you, or someone
else using our service(s) from your computer, of any intellectual property
or other proprietary right of any person or entity, or a violation of any of
our operating rules or policies relating to the service(s) provided.When
we are threatened with suit or sued by a third party,we may seek written
assurances from you concerning your promise to indemnify us; your failure
to provide those assurances maybe considered by us to be a material breach
of this Agreement.
16. BREACH.
You agree that your failure to abide by any provision of this
Agreement, any Ulimit.com operating rule or policy, the dispute policy, or
your willful provision of inaccurate or unreliable information as part of
the application process,or your failure to update your information to keep
it current,complete or accurate, or your failure to respond for over
ten(10) calendar days to inquiries from us concerning the accuracy of the
contact details associated with your domain name registration 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 five (5) 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 and/or terminate the other Ulimit.com service(s)you are using 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.
17. NO GUARANTY.
You agree that, by registration of your chosen
domain name, such registration does not confer immunity from objection to
either the registration or use of your domain name.
18. REPRESENTATIONS AND WARRANTIES.
You agree and warrant that:
(i) the information that you or your agent on your behalf provide to us
during the application process to register your domain name or to apply for
ther Ulimit.com 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, (ii) to the best of your knowledge and
belief neither the registration of your domain name nor the manner in which
you intend to use such domain name will directly or indirectly infringe the
legal rights of a third party, (iii) you have all requisite power and
authority to execute this Agreement and to perform your obligations
hereunder, (iv) you have selected the necessary security option(s) for your
domain name registration record,and (v) you are of legal age to enter into
this Agreement. You agree that your use of our service(s) is solely at
your own risk.You agree that all of our services are provided on an "as
is,"and "as available" basis.
19. 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 FORA 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; 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 OUR DOT COM MAIL
SERVICE.YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR DOT COM 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 ANY OF OUR
SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE
OR INFORMATION,WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR
THROUGH OUR DOT COM MAIL SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
20. REVOCATION.
You agree that we may terminate your contractual right to
use our service(s) if the information that you are obligated to provide to
register your domain name or register for other Ulimit.com service(s), or
that you subsequently modify, contains false or misleading information, or
conceals or omits any information we would likely consider material to our
decision to register your domain name or to continue to provide you domain
name registration services. Furthermore,you agree that we may suspend,
cancel or transfer your domain name registration services in order to: (i)
correct mistakes made by us or the registry in registering your chosen
domain name, or (ii) to resolve a dispute under our dispute policy.
21. RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to
refuse to register your chosen domain name or register you for other
Ulimit.com service(s), or to delete your domain name within the first
thirty (30) calendar days from receipt of your request for such services.
You agree that we shall not be liable to you for loss or damages that may
result from our refusal to register, the deletion your domain name or
refusal to register you for other Ulimit.com service(s).
22. SEVER ABILITY.
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.
23. ENTIRETY.
You agree that this Agreement, the rules and
policies published by us, the dispute policy and the privacy statement are
the complete and exclusive agreement between you and us regarding our
services. This Agreement, our rules and policies, the dispute policy and
the privacy statement supersede all prior agreements and understandings,
whether established by custom, practice,policy or precedent.
24. GOVERNING LAW.
You agree that this Agreement and any
disputes hereunder shall be governed in all respects by and construed in
accordance with the laws of the State of California,United States of
America, excluding its conflict of laws rules.Except for disputes
concerning or arising from your use of a domain name registered with us,
you and we each submit to exclusive subject matter jurisdiction, personal
jurisdiction and venue of the United States District Court for County of
San Mateo. Only for disputes concerning or arising from your use of a
domain name registered with us, you agree to submit to subject matter
jurisdiction,personal jurisdiction and venue of the United States Court for
the County of San Mateo.
25. AGREEMENT TO BE BOUND.
By applying for a Ulimit.com
service(s) through our online application process or by using the
service(s) provided by Ulimit.com 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 Ulimit.com.
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