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Parava Networks Service Agreement
1. INTRODUCTION. In this Service Agreement
("Agreement"), "you" and "your" refer to
each customer ("Customer") and its designated agents,
including your administrative contact, and "we",
"us" and "our" refer collectively to Parava
Networks, Inc. and its wholly owned subsidiaries ("Parava
Networks"). This Agreement explains our obligations to you, and
your obligations to us in relation to the Parava Networks service(s) you
purchase. By purchasing Parava Networks's service(s) you agree to
establish an account with us for such services. When you use your
account or permit someone else to use your account to purchase or
otherwise acquire access to additional Parava Networks service(s) or to
modify or cancel your Parava Networks service(s) (even if we were not
notified of such authorization), this Agreement as amended covers any
such service or actions. Additionally, you agree that the administrative
contact for any services provided to you (including domain name
registration services) is your agent with full authority to act on your
behalf with respect to such services, including (but not limited to) the
authority to terminate, transfer (where transfer is permitted by the
Agreement), or modify such services, or purchase additional services.
Any acceptance of your application(s) or requests for our services and
the performance of our services will occur at our offices in Houston,
Texas the location of our principal place of business.
2. VARIOUS SERVICES. Sections 1 through 29 apply to
any and all Parava Networks services that you purchase. The terms and
conditions set forth in attached schedule of this Agreement apply
only to customers who have purchased the Parava Networks services
referenced in those Schedules. In the event of any inconsistency between
the terms of Sections 1 through 29 and the terms of attached schedule, the terms of
attached schedule shall control with regard to the
applicable Parava Networks service. IMPORTANT NOTICE CONCERNING BUNDLED
SERVICES: If you purchase Parava Networks services that are sold
together as a “bundled” package (e.g., you select a Web Site package
that includes both a domain name and a Parava Networks Web Site, as
opposed to your purchasing such services separately), termination of any
part of the services will result in termination of all Parava Networks
services provided as part of the bundled package. Please see Section
10.d of this Agreement for more information.
3. FEES, PAYMENT AND TERM OF SERVICE. As
consideration for the services you purchased, you agree to pay Parava
Networks the applicable service(s) fees set forth on our Web site at the
time of your selection, or, if applicable, upon receipt of your invoice
from Parava Networks. All fees are due immediately and are
non-refundable. At our sole discretion, we may extend payment terms to
you. If payments are not received within 10 (ten) days of Domain name
registration or if payment is subsequently revoked for any reason,
including but not limited to Credit Card charge backs or stop payment
orders on checks, we may in our sole discretion cancel Domain name
registrations, take ownership of Domain names or suspend the Account in
its entirety. Unless otherwise
specified herein, each Parava Networks service is for a one-year initial
term and renewable thereafter for successive one to ten-year terms, as
set forth during the renewal process. Any renewal of your services with
us is subject to our then current terms and conditions, including, but
not limited to, successful completion of any applicable authentication
procedure, and payment of all applicable service fees at the time of
renewal and in the case of domain name re-registration, the domain name
registry's acceptance of your domain name registration. Additional payment
terms may apply to the Parava Networks services you purchase, as set
forth in the applicable Schedules to this Agreement. You
are solely responsible for the credit card information you provide to
Parava Networks and must promptly inform Parava Networks of any changes
thereto (e.g., change of expiration date or account number). In
addition, you are solely responsible for ensuring the services are
renewed. Parava Networks shall have no liability to you or any third
party in connection with the renewal as described herein, including, but
not limited to, any failure or errors in renewing the services. You
agree to pay all value added, sales and other taxes (other than taxes
based on Parava Networks’s income) related to Parava Networks services
or payments made by you hereunder. All payments of fees for Parava
Networks services shall be made in U.S. dollars. Set up fees, if any,
will become payable on the applicable effective date for the applicable
Parava Networks services. All sums due and payable that remain unpaid
after any applicable cure period herein will accrue interest as a late
charge of 1.5% per month or the maximum amount allowed by law, whichever
is less.
4. ACCURATE INFORMATION. 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
according to our modification procedures the information you provided to
us when purchasing our services 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. You
agree that Parava Networks (itself or through its third party service
providers) is authorized, but not obligated, to use Coding Accuracy
Support System (CASS) certified software and/or the National Change of
Address program (and/or such other systems or programs as may be
recognized by the United States Postal Service or other international
postal authority for updating and/or standardizing address information)
to change any address information associated with your account (e.g.,
registrant address, billing contact address, etc.), and you agree that
Parava Networks may use and rely upon any such changed address
information for all purposes in connection with your account (including
the sending of invoices and other important account information) as
though such changes had been made directly by you.
5. PRIVACY. The applicable privacy statement 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. 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
refund any fees paid by you if you terminate your Agreement with us
except as otherwise expressly provided in one or more of the Schedules
attached hereto. 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. 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. OWNERSHIP. Except as otherwise set forth herein,
all right, title and interest in and to all, (i) registered and
unregistered trademarks, service marks and logos; (ii) patents, patent
applications, and patentable ideas, inventions, and/or improvements;
(iii) trade secrets, proprietary information, and know-how; (iv) all
divisions, continuations, reissues, renewals, and extensions thereof now
existing or hereafter filed, issued, or acquired; (v) registered and
unregistered copyrights including, without limitation, any forms,
images, audiovisual displays, text, software and (vi) all other
intellectual property, proprietary rights or other rights related to
intangible property which are used, developed, comprising, embodied in,
or practiced in connection with any of the Parava Networks services
identified herein (“Parava Networks Intellectual Property Rights”)
are owned by Parava Networks or its licensors, and you agree to make no
claim of interest in or ownership of any such Parava Networks
Intellectual Property Rights. You acknowledge that no title to the
Parava Networks Intellectual Property Rights is transferred to you, and
that you do not obtain any rights, express or implied, in the Parava
Networks or its licensors’ service, other than the rights expressly
granted in this Agreement. To the extent that you create any Derivative
Work (any work that is based upon one or more preexisting versions of a
work provided to you, such as an enhancement or modification, revision,
translation, abridgement, condensation, expansion, collection,
compilation or any other form in which such preexisting works may be
recast, transformed or adapted) such Derivative Work shall be owned by
Parava Networks and all right, title and interest in and to each such
Derivative Work shall automatically vest in Parava Networks. Parava
Networks shall have no obligation to grant you any right in any such
Derivative Work.
7. EXCLUSIVE REMEDY. YOU AGREE THAT OUR ENTIRE
LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE,
WITH RESPECT TO ANY PARAVA NETWORKS 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) DURING THE TERM OF THIS
AGREEMENT. IN NO EVENT SHALL PARAVA NETWORKS, ITS LICENSORS AND
CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING SERVICES AS PART OF THE
SUBSCRIPTION SERVICE FOR WEBSITES FROM PARAVA NETWORKS) BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF
PARAVA NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO
THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF
LIABILITY AS SET FORTH HEREIN PARAVA NETWORKS'S LIABILITY IS LIMITED TO
THE EXTENT PERMITTED BY LAW IN SUCH STATES. Parava Networks and its
licensors 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, password or security authentication option; (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 or your Parava Networks web site; (8) loss
or liability from your inability to use our e-mail service, web site
manager service or any component of the subscription service (for
websites from Parava Networks); (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 agent’s failure to pay any fees, including the initial
registration fee or reregistration fee; (10) loss or liability as a
result of the application of our dispute policy; or (11) loss or
liability relating to limitations, incompatibilities, defects, or other
problems inherent in xml, xkms, or any other standard not under Parava
Networks’s sole control, or relating to customer-requested generation
and transmission of a subscriber’s private key under xkms to the
extent Parava Networks adheres to the current version of the Parava
Networks cps as amended from time to time and industry-standard security
practices relating to xkms services.
8. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR
USE OF OUR SERVICE(S) OR OUR LICENSORS' SERVICES IS SOLELY AT YOUR OWN
RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS
IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED
IN THIS AGREEMENT. WE AND OUR LICENSORS 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. NEITHER PARAVA NETWORKS NOR OUR
LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DO WE OR OUR LICENSORS 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
SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES 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 SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU
MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR
AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES
PURCHASED BY YOU FROM A THIRD PARTY.
9. INDEMNITY. You agree to release, indemnify,
defend and hold harmless Parava Networks, (including in our capacities
as the registry or a registrar for domain names, 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 from all
liabilities, claims, damages, costs and expenses, including reasonable
attorneys' fees and expenses, of third parties relating to or arising
out of (a) this Agreement or the breach of your warranties,
representations and obligations under this Agreement, (b) the Parava
Networks services or your use of such services, including without
limitation infringement or dilution by you, or someone else using our
service(s) from your computer, (c) any intellectual property or other
proprietary right of any person or entity, (d) a violation of any of our
operating rules or policies relating to the service(s) provided, (e) any
information or data you supplied to Parava Networks, including, without
limitation, any misrepresentation in your application, if applicable,
(f) the inclusion of meta-tags or other elements in any website created
for you or by you via the Parava Networks services, or (g) any
information, material, or services available on your licensed Parava
Networks Web Site . 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 may be
considered by us to be a material breach of this Agreement. We shall
have the right to participate in any defense by you of a third-party
claim related to your use of any of the Parava Networks services, with
counsel of our choice at our own expense. We shall reasonably cooperate
in the defense at your request and expense. You shall have sole
responsibility to defend us against any claim, but you must receive our
prior written consent regarding any related settlement. The terms of
this paragraph will survive any termination or cancellation of this
Agreement.
10. TERMINATION.
By You. You may terminate this Agreement upon at
least thirty (30) days written notice to Parava Networks for any reason.
By Us. We may terminate this Agreement or any part
of the Parava Networks services at any time in the event you breach any
obligation hereunder, fail to respond within ten (10) calendar days to
an inquiry from us concerning the accuracy or completeness of the
information referred to in Section 4 of this Agreement, or if we
determine in our sole discretion that you have violated the Parava
Networks Acceptable Use Policy, incorporated herein and made part of
this Agreement by reference.
Effect of Termination. Parava Networks will cease
charging your credit card, if applicable, for any monthly service fees
as of the expiration of the monthly billing cycle in which the
termination is effective. Unless otherwise specified in writing by
Parava Networks, you will not receive any refund for payments already
made by you as of the date of termination, and, you may incur additional
fees (in the case of a monthly or annual subscription being paid over
time, as provided in various Schedules below). If termination of this
Agreement is due to your default hereunder, you shall bear all costs of
such termination, including any reasonable costs Parava Networks incurs
in closing your account. You agree to pay any and all costs incurred by
Parava Networks in enforcing your compliance with this Section. Upon
termination, you shall destroy any copy of the materials licensed to you
hereunder and referenced herein. You agree that upon termination or
discontinuance for any reason, we may delete all information related to
you on the Parava Networks service, if applicable. In addition to the
terms set forth herein, certain Parava Networks services may have
additional terms regarding termination, which are set forth in the
applicable Schedule.
Effect of Termination of Bundled Services. In
addition to the terms set forth in subsection 10(c) above, if you
purchase Parava Networks services which are sold together as part of a
“bundled” package of services, any termination relating to such
bundle will terminate all Parava Networks services included in such
bundle. For instance, any domain name registered with or maintained by
Parava Networks under this Agreement (but not including any domain names
you may have registered, either with Parava Networks or a third-party
registrar, other than as part of the E-Commerce Services provided under
this Agreement) will be cancelled and may thereafter be available for
registration by another party. Upon the effective date of termination,
Parava Networks will no longer provide the bundled services to you, any
licenses granted you shall immediately terminate, and you shall cease
using such services immediately; provided, however, that we may, in our
sole discretion and subject to your agreeing to be bound by the
applicable agreement(s) and to pay the applicable fees, allow you to
convert certain services included in the bundled services to stand alone
services.
11. REPRESENTATIONS AND WARRANTIES. You agree and
warrant that: (i) neither your registration nor use of the any of the
Parava Networks services nor the manner in which you intend to use such
Parava Networks services will directly or indirectly infringe the legal
rights of a third party, (ii) you have all requisite power and authority
to execute this Agreement and to perform your obligations hereunder,
(iii) you have selected the necessary security option(s) for your domain
name registration record, (iv) you are of legal age to enter into this
Agreement; and (vi) you agree to comply with all applicable laws and
regulations.
12. 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. 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. Notice of your termination will be
effective on receipt and processing by us. Any fees paid by you if you
terminate your Agreement with us are nonrefundable, except as noted in
one or more of attached schedule, but you will not incur any
additional fees. By continuing to use Parava Networks 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 Parava Networks is authorized to alter or amend the
terms and conditions of this Agreement.
13. ACCOUNT ACCESS. To access or use the Parava
Networks services or to modify your account, you may be required to
establish an account and obtain a login name, account number and
password. You authorize us to process any and all account transactions
initiated through the use of your login name, account number and
password. You are solely responsible for maintaining the confidentiality
of your login name, account number or password. You must immediately
notify us of any unauthorized use of your login name account number or
password and you are responsible for any unauthorized activities,
charges and/or liabilities made on or through your login name account
number or password. In no event will we be liable for the unauthorized
use or misuse of your login name, account number or password or security
authentication option.
14. AGENTS. You agree that, if your agent, (e.g.,
your administrative contact Internet Service Provider, employee)
purchased our service(s) on your behalf, you are nonetheless bound as a
principal by all terms and conditions herein, including the domain name
dispute policy. Your continued use of our services ratifies any
unauthorized actions of your agent. By using your login name, account
number or password, or otherwise purporting to act 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, that he or she has apprised you of the
terms and conditions of this Agreement, and that he or she is otherwise
authorized to act on your behalf. In addition, you are responsible for
any errors made by your agent.
15. PARKING PAGE. All domain names registered
through Parava Networks are pointed to a Parking ("odnr.com")
Web page which informs visitors that the registrant has recently
registered their domain name via Parava Networks. The Parking Web page
may be modified at any time by Parava Networks without prior notice to
you and may include such things as, without limitation (i) links to
additional products and services offered by Parava Networks, (ii)
advertisements for products and services offered by third-parties, and
(iii) an internet search engine interface. To see a sample Parking Web
page, please click here: Parking Page. If for any reason you do not wish
to have the domain name you have registered pointed to a Parking Web
page, please notify our Customer Support team by emailing us at:
support@10-Domains.com.
16. RIGHT OF REFUSAL. We, in our sole discretion,
reserve the right to refuse to register your chosen domain name, issue
you a digital certificate, or register you for other Parava Networks
service(s), or to delete your chosen domain name within the first thirty
(30) calendar days from receipt of your payment for such services. In
the event we do not register your chosen domain name, issue you a
digital certificate, or register you for other Parava Networks service(s),
or we delete your chosen domain name or other Parava Networks service(s)
within such thirty (30) calendar day period, we agree to refund any
applicable fee(s) you have paid. You agree that we shall not be liable
to you for loss or damages that may result from our refusal to register
your chosen domain name, refusal to issue a digital certificate, the
deletion of your chosen domain name or refusal to register you for other
Parava Networks service(s).
17. 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. All
notices must be sent either in writing (or by e-mail, but only to the
extent expressly provided herein). All written notices to Parava
Networks shall be delivered to Parava Networks, Inc., Attention: Legal
Department, 6009 Richmond Ave Ste. # 130, Houston, Tx 77057. All notices
to you shall be delivered to your mailing address or e-mail address as
provided in your account information (as updated by you pursuant to this
Agreement). Either of us may change our respective address by written
notice delivered to the other party. All notices delivered in writing
hereunder must be sent by either overnight courier or certified mail,
return receipt requested.
18. SEVERABILITY. You agree that the terms of this
Agreement are severable. If any term or provision is declared invalid or
unenforceable, in whole or in part, that term or provision will not
affect the remainder of this Agreement; this Agreement will be deemed
amended to the extent necessary to make this Agreement enforceable,
valid and, to the maximum extent possible consistent with applicable
law, consistent with the original intentions of the parties; and the
remaining terms and provisions will remain in full force and effect.
19. ENTIRE AGREEMENT. You agree that this
Agreement, the rules and policies incorporated by reference in this
Agreement (including, without limitation, the dispute policy and the
privacy statement) are the entire, complete and exclusive agreement
between you and us regarding our services and supersede all prior
agreements and understandings, whether written or oral, or whether
established by custom, practice, policy or precedent, with respect to
the subject matter of this Agreement, including, without limitation, any
purchase order provided by you for the Services.
20. ASSIGNMENT AND RESALE. Except as otherwise set
forth herein, your rights under this Agreement are not assignable or
transferable. Any attempt by your creditors to obtain an interest in
your rights under this Agreement, whether by attachment, levy,
garnishment or otherwise, renders this Agreement voidable at our option.
You agree not to resell any of the Services without Parava Networks’s
prior express written consent.
21. GOVERNING LAW.
Except as provided in Section 21(b) below, and as
set forth in Schedule A, Paragraph 7, concerning domain name disputes
brought by a third party, you and Parava Networks agree that this
Agreement and any disputes hereunder including disputes related to the
services provided under Schedules A through H, J, N and O, shall be
governed in all respects by and construed in accordance with the laws of
the state of Texas, United States of America, excluding its conflict of
laws rules. You and we each agree to submit to exclusive subject matter
jurisdiction, personal jurisdiction and venue of the United States
District Court for the state of Texas for any disputes between us under
or arising out of this Agreement. If there is no jurisdiction in the
United States District Court for the state of Texas, for any disputes
between us under or arising out of this Agreement you and we agree that
jurisdiction shall be in the Circuit Court of Houston, Texas.
The parties hereby waive any right to jury trial
with respect to any action brought in connection with this Agreement.
The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.
22. AGREEMENT TO BE BOUND. By applying for a Parava
Networks service(s) through our online application process or otherwise,
or by using the service(s) provided by Parava Networks under this
Agreement, you acknowledge that you have read and agree to be bound by
all terms and conditions of this Agreement and documents incorporated by
reference.
23. INDEPENDENT PARTIES. Neither party nor their
employees, consultants, contractors or agents are agents, employees or
joint ventures of the other party, and they do not have any authority to
bind the other party by contract or otherwise to any obligation. Each
party shall ensure that the foregoing persons shall not represent to the
contrary, either expressly, implicitly, by appearance or otherwise.
24. WAIVER. No waiver of any provision of this
Agreement shall be effective unless it is in writing and signed by an
authorized representative of Parava Networks. The remedies of Parava
Networks under this Agreement shall be cumulative and not alternative,
and the election of one remedy for a breach shall not preclude pursuit
of other remedies. The failure of a party, at any time or from time to
time, to require performance of any obligations of the other party
hereunder shall not affect its right to enforce any provision of this
Agreement at a subsequent time, and the waiver of any rights arising out
of any breach shall not be construed as a waiver of any rights arising
out of any prior or subsequent breach.
25. EXPORT RESTRICTIONS. You acknowledge and agree
that you shall not import, export, or re-export directly or indirectly,
any commodity, including your products incorporating or using any Parava
Networks services in violation of the laws and regulations of any
applicable jurisdiction.
26. U.S. GOVERNMENT USERS. In the event any
software is provided by Parava Networks to a U.S. Government User, the
software and accompanying documentation which are used as part of the
Parava Networks service are “commercial items,” as such terms are
defined at 48 C.F.R. 2.101 (Oct 1995), consisting of “commercial
computer software” and “commercial computer software
documentation,” as such terms are used in 48 C.F.R. 12.212 (Sep 1995)
and is provided to the U.S. Government only as a commercial end item.
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (Jun 1995), all U.S. Government entities acquiring the use of
the Service and accompanying documentation shall have only those rights
set forth herein.
27. FORCE MAJEURE. Neither party shall be deemed in
default hereunder, nor shall it hold the other party responsible for,
any cessation, interruption or delay in the performance of its
obligations hereunder due to earthquake, flood, fire, storm, natural
disaster, act of God, war, terrorism, armed conflict, labor strike,
lockout, or boycott, provided that the party relying upon this section (i)
shall have given the other party written notice thereof promptly and, in
any event, within five (5) days of discovery thereof and (ii) shall take
all steps reasonably necessary under the circumstances to mitigate the
effects of the force majeure event upon which such notice is based;
provided further, that in the event a force majeure event described in
this Section extends for a period in excess of thirty (30) days in the
aggregate, Parava Networks may immediately terminate this Agreement.
28. HEADINGS. The section headings appearing in
this Agreement are inserted only as a matter of convenience and in no
way define, limit, construe or describe the scope or extent of such
section or in any way affect such section.
29. SURVIVAL. In the event this Agreement
terminates as provided herein, Sections 1, 2, 3, 6, 7, 8, 9, 10(c),
10(d), 14, and 17 through 29 of this Agreement shall survive such
expiration or termination.
SERVICE SPECIFIC TERMS: The following terms apply
in addition to Sections 1 through 29 only if you have selected the
particular service described:
SCHEDULE A TO PARAVA NETWORKS SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO REGISTRANTS OF DOMAIN NAMES
1. Security. Parava Networks does not guarantee the
security of your domain name registration records, and you assume all
risks that the security option you select is compromised as a result of
fraudulent, unauthorized or illegal activity.
2. Fees and Payment. Initial domain name
registrations, and domain name registrations that have passed the
registration agreement's anniversary date, must be in a paid status to
transfer, delete, modify, or otherwise to request Parava Networks to
affect the domain name record or to provide domain name services. Domain
name registrations in an unpaid status are routinely deleted on a
regular basis.
3. Transfers and Licensing of Use. You agree that
you may not transfer your domain name registration to another domain
name registrar during the first sixty (60) days from the effective date
of your initial domain name registration with us. You may transfer your
domain name registration to a third party of your choice, subject to the
procedures and conditions, incorporated herein by reference. Even if you
license the use of our domain name registration services to a third
party, you remain responsible for complying with all terms and
conditions of this Agreement, and you accept liability for harm caused
by such licensee's wrongful use of our domain name registration
services, unless you promptly disclose the identity of such license upon
request by any person who provides reasonable evidence of actionable
harm.
4. Parava Networks's Disclosure of Certain
Information. Subject to the requirements of our privacy statement, in
order for us to comply the current rules and policies for the domain
name system, you hereby grant to Parava Networks the right to disclose
to third parties through an interactive publicly accessible registration
database the following mandatory information that you are required to
provide when registering or reserving a domain name: (i) the domain
name(s) registered by you; (ii) your name and postal address; (iii) the
name(s), postal address(es), e-mail address(es), voice telephone number
and where available the fax number(s) of the technical and
administrative contacts for your domain name(s); (iv) the Internet
protocol numbers of the primary nameserver and secondary nameserver(s)
for such domain name(s); (v) the corresponding names of those
nameservers; (vi) the original creation date of the registration; and
(vii) the expiration date of the registration. We, as are all accredited
domain name registrars, are also required to make this information
available in bulk form to third parties who agree not to use it to (a)
allow, enable or otherwise support the transmission of mass unsolicited,
commercial advertising or solicitations via telephone, facsimile, or
e-mail (spam) or (b) enable high volume, automated, electronic processes
that apply to our systems to register domain names.
5. Domain Name Dispute Policy. If you 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.
6. 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. We will not refund
any fees paid by you if you terminate your Agreement with us.
7. 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. For any dispute with, or challenge by, a third
party concerning or arising from your use of a domain name registered
with us or your use of our domain name registration services, you agree
to submit to subject matter jurisdiction, personal jurisdiction and
venue of the United States District Court for Houston, Texas and the
courts of your domicile. 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 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.
8. 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.
9. Revocation. You agree that we may suspend,
cancel or transfer your services, including, but not limited to, domain
name registration services in order to: (i) correct mistakes made by us,
another registrar or the registry in registering your chosen domain
name, or (ii) to resolve a dispute under our domain name dispute policy.
10. In the event the Agreement or this Schedule
terminates, Sections 4, 5, 6, 7, 9 and 10 of this Schedule shall survive
such expiration or termination.
SCHEDULE F TO PARAVA NETWORKS SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .BIZ TLD.
In addition to the terms set forth in Schedule A,
the following terms shall apply to .biz domain names.
1. Additional Representations and Warranties. If
you are applying for the registration of a domain name in the .biz
top-level domain ("TLD"), you also represent and warrant that:
(i) the domain name will be used primarily for bona fide business or
commercial purposes and not (a) exclusively for personal use or (b)
solely for the purposes of selling, trading or leasing the domain name
for compensation, or the unsolicited offering to sell, trade or lease
the domain name for compensation; and (ii) the domain name is reasonably
related to your business or intended commercial purpose at the time of
registration.
2. Acknowledgment of Dispute Policies and Rules.
The registrant acknowledges having read and understood and agrees to be
bound by the terms and conditions of the following documents, as they
may be amended from time to time, which are hereby incorporated and made
an integral part of this Agreement:
The Uniform Domain Name Dispute Policy, available
at http://www.icann.org/udrp/udrp.htm;
The Start-up Trademark Opposition Policy
("STOP"), available at http://www.neulevel.com/countdown/stop.html;
The Restrictions Dispute Resolution Criteria and
Rules, available at http://www.neulevel.com/countdown/rdrp.html.
If at the time of your application for services in
the .biz TLD, any of the above policies or rules (collectively
".biz Policies") have not yet been approved by ICANN (which
may mean the .biz Policies are not available for viewing via live
hyperlinks above), you agree to be bound by the terms of such .biz
Policies upon such approval and in the final form approved by ICANN, as
posted on our Web site or the ICANN Web site (located at www.icann.org).
You agree that, by maintaining the services provided hereunder (which
may include registration of a domain name) after such posting of any of
the ICANN approved .biz Policies, you have agreed to the terms and
conditions of the same. You acknowledge that if you do not agree to the
.biz Policies, you may terminate this Agreement. We will not refund any
fees paid by you if you terminate your Agreement with us.
3. Registry Actions or Inactions. Our ability to
provide services to you depends in part upon the provision of services
by third parties, such as the .biz registry. We cannot control and will
not be responsible for the actions or inactions of such third parties.
For example, the .biz registry has reserved the right to deny, cancel or
transfer any domain name registration under certain circumstances. You
acknowledge and agree that we shall not be liable to you or any other
party in connection with claims, damages, losses, expenses or costs
incurred or suffered by you as a result of actions taken or not taken by
third parties, including, but not limited to, the .biz registry.
4. Multiple Phases of Services. Your application or
registration (whether successful or not) for any .biz registry or .biz
TLD services hereunder does not guarantee, and we do not promise, that
you will be approved or eligible for any other services available or
that may become available through us or any third party. For example,
certain services in the .biz TLD are provided in sequential phases, and
participation in one phase, does not automatically qualify you for
participation in other phases, and any further participation is not
automatic. The .biz registry, and not Parava Networks, determines the
dates and times associated with the various service phases available in
the .biz TLD. You agree to review and become familiar with the
information available on our Web site and on the .biz Web site
concerning the various phases and descriptions of services available in
connection with .biz TLD, and to regularly check for modifications
and/or updates to such information, as the same may change from time to
time. You agree that you are solely responsible for applying and/or
registering for the service phases you desire to participate in.
Additionally, you acknowledge and agree that submission of an
application for domain name registration or any other services, does not
guarantee that you will ultimately be the registrant for a particular
domain name, even if you participated in some other service associated
with the domain name, such as an intellectual property notification
service or similar service.
5. Additional Acknowledgments Concerning Customer
Information. You also acknowledge and agree that Parava Networks will
share with the .biz registry certain information submitted by you in
your application(s) for our services, as required by our agreement(s)
with the .biz registry or to provide the services you have applied for.
You acknowledge and agree that any information we share with the .biz
registry may be used by them to fulfill the .biz registry's service
obligations to us or any third party. You hereby grant us and the .biz
registry a limited, royalty-free, non-exclusive worldwide license to use
all of the data contained in a Trademark
6. Disclaimer Concerning Intellectual Property
Notification Service. Your participation in an intellectual property
notification service or similar service DOES NOT PROVIDE YOU WITH ANY
INTELLECTUAL PROPERTY PROTECTIONS OR REGISTRATIONS, NOR DOES IT PROVIDE
YOU WITH ANY RIGHTS TO ANY PARTICULAR DOMAIN NAME REGISTRATION. THIS IS
A NOTIFICATION SERVICE ONLY. EVEN IF YOU PARTICIPATE IN THIS SERVICE,
YOU MUST STILL SUBMIT AN APPLICATION FOR DOMAIN NAME REGISTRATION
SERVICES TO BE ELIGIBLE TO BECOME THE REGISTRANT FOR THE DESIRED DOMAIN
NAME(S).
7. Survival of Terms. You agree that the indemnity
provisions set forth in this Schedule shall survive any termination of
the Agreement
8. Terms of Use for IP Claim Service. The following
additional terms apply specifically to the Intellectual Property Claim
Service (in this Section 8 of this Schedule, the "Claim
Service") made available in the .biz TLD. For purposes of this
Section 8, "Owner" shall mean the owner of a registered or
common law trademark or service mark and "Agent" shall mean
the duly authorized agent of an Owner (collectively "You"),
and "Registrar" shall mean Parava Networks. These Terms of Use
will continue to apply to all past use of the Claim Service by You, even
if You are no longer using the Claim Service. You acknowledge and agree
that Registrar may terminate or block Your use of all or part of the
Claim Service without prior notice for any reason, including, without
limitation, if Registrar believes You have engaged in conduct prohibited
by these Terms of Use.
The Claim Service. Registrar provides the Claim
Service to holders of both registered and common law trademarks or
service marks (collectively "Trademarks"). During the domain
name application process, applicants for a .biz domain name
("Applicants") will be notified of an Owner's alleged
intellectual property rights in a Trademark if the domain name contained
in the domain name application is an exact match of the Trademark
identified in an IP Claim (as defined below) submitted by Owner. You may
review frequently asked questions regarding the Claim Service by
reviewing our FAQs.
License to Use Data / Privacy. By submitting an IP
Claim, You hereby grant Registrar, as well as any of its agents or
subcontractors, and the .biz registry, a limited, royalty-free,
non-exclusive worldwide license to use all of the data contained in the
IP Claim solely for the purposes of implementing the Claim Service,
processing Your IP Claim, notifying Applicants of Your IP Claim, and for
notifying You of changes to the Claim Service, and for archival
purposes.
The IP Claim Process. In order to submit a claim
with respect to a Trademark or Trademarks ("IP Claim") through
the Claim Service, You must complete an IP Claim form for each
Trademark. For each IP Claim, You must submit complete contact
information, representative contact information and notification
details, and the details regarding the Trademark. You may specify in the
representative field that an Agent may receive legal correspondence
regarding the IP Claim. Once You have submitted an IP Claim, you will
receive a confirmation email and a claim number. You must retain the
claim number for each IP Claim You submit. Registrar will accept IP
Claims until July 9, 2001, or such later date as it may determine in its
sole discretion ("Close of Phase I") and no IP Claims will be
accepted after that date. From the Close of Phase I until September 25,
2001 ("Phase 2"), or such other later date as Registrar may
choose, in its sole discretion, the domain name applications from ICANN-approved
registrars ("Applications") will be compared with the database
of IP Claims processed through the Claim Service ("IP Claim
Database"). For each exact match between an IP Claim in the IP
Claim Database and a domain name application, the Registry Operator for
.Biz ("Registry Operator") will notify the Applicant that a
third party or third parties have submitted an IP Claim for the exact
Trademark. The email notification to the Applicant will include, among
other things, the information provided by Owner in the IP Claim,
instructions on how to proceed with the registration process, and that
if selected during the randomized name selection phase ("Name
Selection Phase"), the domain name will be placed on a temporary
thirty (30) day hold when the Registry goes "live." The
Applicant will have the option to proceed with the Application or cancel
the Application. If the Applicant does not respond to the email
notification, or elects to cancel the Application, the Applicant's
domain name application will not be processed during the Selection
Phase. If the Applicant chooses to proceed with the registration process
and the name is selected during the Name Selection Phase, that domain
name automatically will be placed on a thirty (30) day "hold
period" when the name is registered. After Name Selection, the
Owner will be notified by Registry Operator if an Applicant has
successfully registered the domain name. The Owner will then have the
option of contacting the Applicant and finding a solution or using the
guidelines set forth by a special dispute resolution process called the
Start-up Trademark Opposition Policy ("STOP") (formerly
referred to as the Start-up Dispute Resolution Policy or "SUDRP")
(information available at http://www.neulevel.com/countdown/stop.html),
or the Uniform Domain-Name Dispute Resolution Procedures ("UDRP")
(information is available at http://www.icann.org/udrp/udrp-policy-24oct99.htm).
You will not be notified if there are no Applications that exactly match
an IP Claim You submitted in the IP Claim Database.
USE OF THE SERVICE DOES NOT GUARANTEE THAT AN OWNER
WILL BE AWARDED THE .BIZ EXTENSION FOR ITS TRADEMARK. AN OWNER THAT
WISHES TO OBTAIN A .BIZ EXTENSION FOR ITS TRADEMARK MUST FILE A DOMAIN
NAME APPLICATION. DOMAIN NAME APPLICANTS WILL ONLY BE NOTIFIED OF
APPLICATIONS THAT ARE EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN AN IP
CLAIM FORM. REGISTRAR WILL NOT VERIFY WHETHER A TRADEMARK CLAIMED ON AN
IP CLAIM FORM CORRESPONDS WITH AN ACTUAL, LEGAL OR VALID TRADEMARK, NOR
WILL REGISTRAR PROVIDE ANY LEGAL OVERSIGHT OR ADJUDICATION FOR ANY
DISPUTED INTELLECTUAL PROPERTY IMPLICATED BY THE SERVICE.
Conduct. You agree to be bound by the applicable
provisions of the Parava Networks Acceptable Use Policy, incorporated
herein and made part of this Agreement by reference, in connection with
your use of the services described in this Schedule.
Fees. As consideration for the Claim Service,
Registrar, or its agents or subcontractors may require you to submit and
pay for each IP Claim individually or it may allow you store up a
certain number of IP Claims before submitting them for processing. Once
you have stored that number of IP Claims, you may not be able to store
any additional IP Claims and may need to submit them for processing and
pay the applicable fee before obtaining additional storage space. No
refunds are permitted.
Links. Some links on the Claim Service lead to
sites posted by independent site owners. Because Registrar has no
control over these sites, it cannot be responsible for such sites'
accessibility via the Internet and does not endorse products, services,
or information provided by such sites. As such, Registrar shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with, use or reliance
on any content, goods or services available on or through any other
site. Further, the inclusion of these links does not imply that the
other sites have given permission for inclusion of these links, or that
there is any relationship between Registrar and the linked sites.
Modifications to the Claim Service. Registrar
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Claim Service (or any part
thereof) with or without notice. You agree that will not be liable to
You or to any third party for any modification, suspension, or
discontinuation of the Claim Services.
Third Party Beneficiary. Registry Operator ("NeuLevel")
is an intended third party beneficiary of these Term and Conditions with
rights to enforce these Terms of Use. You will cooperate in good faith
with NeuLevel or Registrar in investigating instances of non-compliance
with these Terms of Use, if NeuLevel or Registrar believes in good faith
that you are not in compliance with these Terms of Use.
You agree that Registrar and Registry Operator are
not responsible for checking, verifying or editing message content or
completeness, or for detecting errors or anomalies, or for recreating or
re-transmitting data.
SCHEDULE G TO PARAVA NETWORKS SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .INFO TLD.
In addition to the terms set forth in Schedule A
above, the following terms shall apply to .info domain names.
1. Additional Provisions. You acknowledge and agree
to the following: (i) you acknowledge and agree that Parava Networks
will share with the .info registry certain information submitted by you
in your application(s) for our services, and you consent to the use,
copying, distribution, publication, modification and other processing of
your personal data by the .info registry and its designees and agents in
connection with the .info registry's service obligations to us or third
parties, or as otherwise deemed necessary by the .info registry; (ii)
you agree to submit to proceedings commenced under the Uniform Domain
Name Dispute Resolution Policy ("UDRP") and the Sunrise
Dispute Resolution Policy ("SDRP") (available at http://www.afilias.info/register/dispute_resolution/sunrise_challenge_overview),
as these may be modified from time to time; (iii) you agree to
immediately correct and update the registration information for any
domain name registered hereunder during the registration term for such
registered domain name; and (iv) you acknowledge that the .info registry
will have no liability of any kind for any loss or liability resulting
from the proceedings and processes relating to the Sunrise Period or the
Land Rush Period, including, without limitation: (a) the ability or
inability of a registrant to obtain a registered domain name during
these periods, and (b) the results of any dispute over a "Sunrise
Registration."
If at the time of your application for services in
the .info TLD, the SDRP has not yet been approved by ICANN (which may
mean the SDRP is not available for viewing via live hyperlink above),
you agree to be bound by the terms of the SDRP upon such approval and in
the final form approved by ICANN, as posted on our Web site or the ICANN
Web site (located at www.icann.org). You agree that, by maintaining the
services provided hereunder after such posting of any of the ICANN
approved SDRP, you have agreed to the terms and conditions of the same.
You acknowledge that if you do not agree to the SDRP, you may terminate
this Agreement. We will not refund any fees paid by you if you terminate
your Agreement with us.
2. Registry Actions or Inactions. Our ability to
provide services to you depends in part upon the provision of services
by third parties, such as the .info registry. We cannot control and will
not be responsible for the actions or inactions of such third parties.
For example, the .info registry has reserved the right to refuse or
cancel any Sunrise Registration at any time and to request additional
information relating to a Sunrise Registration. You acknowledge and
agree that we shall not be liable to you or any other party in
connection with claims, damages, losses, expenses or costs incurred or
suffered by you as a result of actions taken or not taken by third
parties, including, but not limited to, the .info registry.
3. No Guarantee on Registration. The .info
registry, and not Parava Networks, determines the dates and times
associated with the various service periods available in the .info TLD.
You agree to review and become familiar with the information available
on our Web site and on the .info Web site concerning the various periods
and descriptions of services available in connection with .info TLD, and
to regularly check for modifications and/or updates to such information,
as the same may change from time to time. You agree that you are solely
responsible for applying and/or registering for the service periods you
desire to participate in. You acknowledge and agree that submission of
an application for domain name registration or any other services
(regardless of when submitted), does not guarantee that you will
ultimately be the registrant for a particular domain name.
4. Disclaimer Concerning Intellectual Property
Protection. Your application for a Sunrise Registration DOES NOT PROVIDE
YOU WITH ANY INTELLECTUAL PROPERTY PROTECTIONS OR REGISTRATIONS.
5. Use of Other Registrars. You agree that we may,
but are not obligated to, submit your registration application and/or
information through another ICANN accredited registrar ("Third
Party Registrar") if we believe, in our sole discretion, that doing
so will provide you with a better opportunity for successfully
registering a .info domain name. Should our submission result in the
registration of a .info domain name for you, you acknowledge and agree
that you will also then be a customer of the Third Party Registrar
through which your domain name is registered. If we do submit your
registration application and/or information through a Third Party
Registrar, and a .info domain name is registered to you through that
Third Party Registrar, you agree that in addition to your agreement with
Parava Networks, you agree to be bound by the following terms and
conditions in the Agreement with respect to the Third Party Registrar
for so long as you are receiving registration services through that
Third Party Registrar:
Section 1 of the Agreement;
Sections 3 through 29;
Schedule A (except Section 1 of Schedule A); and
This Schedule.
You agree that Parava Networks shall have the
right, but not the obligation, to submit a change of registrar request
to the Third Party Registrar, if any, through which your domain name is
registered to transfer the sponsorship of your domain name to Parava
Networks at any time after the expiration of 60 calendar days from the
registration of the domain name, and you hereby authorize and direct
Parava Networks to effect such a transfer if Parava Networks decides, in
its sole discretion, that it wishes to effect such a transfer. You will
not be required to pay any transfer or new service fees to effect the
transfer.
SCHEDULE O TO PARAVA NETWORKS SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .NAME TLD.
In addition to the terms set forth in Schedule A
above, the following terms shall apply to .Name domain names.
1. Eligibility Requirements. You represent and
warrant that every registration you are applying for in the .name
top-level domain ("TLD") satisfies the eligibility
requirements ("Eligibility Requirements") established by
Global Name Registry Ltd., the registry for the .name TLD, which are
available at the following URL: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
2. Dispute Resolution Policies. You agree that
every service for which you register is subject to the Uniform Domain
Name Dispute Resolution Policy (the "UDRP") and the
Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
which are located at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
Without limiting the foregoing, you agree that (i) every Defensive
Registration is subject to challenge pursuant to the ERDRP; (ii) if a
Defensive Registration is successfully challenged pursuant to the ERDRP,
the Defensive Registration Holder will pay the challenge fees; (iii) if
a challenge to a Defensive Registration is successful, the Defensive
Registration will be subject to the procedures described in the ERDRP
and the Eligibility Requirements including, without limitation, the
cancellation of the Defensive Registration Holder's other Defensive
Registrations; and (iv) if a Phase I Defensive Registration (as defined
by the .name registry) is successfully challenged on the basis that it
does not meet the applicable eligibility requirements, the Defensive
Registration Holder will thereafter be required to demonstrate, at its
expense, that it meets the eligibility requirements for Phase I
Defensive Registrations for all other Phase I Defensive Registrations
that it registered within .name through any registrar. In the event the
Defensive Registration Holder is unable to demonstrate the foregoing
with respect to any such Phase I Defensive Registration(s), those
Defensive Registration(s) will be cancelled.
3. Limitation of Liability. In addition to the
other limitations of liability contained herein, you agree that neither
the .name registry nor Parava Networks shall have any liability of any
kind for any loss or liability resulting from (i) the processing of
registration requests prior to live SRS launch, including, without
limitation, your ability or inability to obtain a Registered Name, a
second-level domain e-mail address registration (an "SLD E-mail
Address"), a Defensive Registration, or a NameWatch Registration
using the services provided by Parava Networks or the .name registry; or
(ii) any dispute over any Registered Name, SLD E-mail Address, Defensive
Registration, or NameWatch Registration, including any dispute
resolution proceeding related to any of the foregoing.
4. Registry Actions or Inactions. Our ability to
provide services to you depends in part upon the provision of services
by third parties, such as the .name registry. We cannot control and will
not be responsible for the actions or inactions of such third parties.
You acknowledge and agree that we shall not be liable to you or any
other party in connection with claims, damages, losses, expenses or
costs incurred or suffered by you as a result of actions taken or not
taken by third parties, including, but not limited to, the .info
registry.
SCHEDULE B TO PARAVA NETWORKS SERVICE AGREEMENT
E- MAIL SERVICES
1. Description of Service. Parava Networks is
providing you with the capability of sending and receiving electronic
mail via the Internet. You must: (a) provide all equipment, including a
computer and modem, necessary to establish a connection to the Internet;
and (b) provide for your own connection to the Internet and pay any
telephone service fees associated with such connection. Parava Networks
has set no fixed upper limit on the number of messages you may send or
receive through the e-mail service; however, Parava Networks retains the
right, at Parava Networks's sole discretion, to restrict the volume of
messages transmitted or received by you in order to maintain the quality
of our services to other customers and to protect our computer systems.
We, in our sole discretion, will determine whether or not your conduct
is consistent with this Agreement and any Parava Networks operating
rules or policies and may suspend or terminate your e-mail service if
your conduct is found to be inconsistent with this Agreement or such
rules or policies. The e-mail service is subject to scheduled (from
12:01am eastern United States time to 2:00 am eastern United States time
every Saturday) and unscheduled outages that will impact your ability to
use the service. We will use commercially reasonable efforts to restore
the service after any unscheduled outages. Moreover, in order to receive
the e-mail service we (or our third party provider) must host your
domain name record. If you transfer your domain name record to a third
party in conjunction with a live web site or for any other reason or
allow your domain name registration to expire, you will no longer be
able to use the e-mail service. We will not refund the fees you paid for
our e-mail service if you elect to transfer your domain name record to a
third party.
2. Privacy. Parava Networks will not monitor, edit
or disclose the contents of your private communications with third
parties unless required to do so by law or in the good faith belief that
such action is necessary to: (a) conform to the law or comply with legal
process served on Parava Networks; (b) protect and defend the rights or
property of Parava Networks; or (c) act under exigent circumstances to
protect the personal safety of our customers or the public. You
acknowledge and agree that Parava Networks neither endorses the contents
of any of your communications nor assumes responsibility for such
content, including but not limited to 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: (a) send and receive messages; (b) conform to
connecting networks' technical requirements; (c) conform to the
limitations of the e-mail service; or (d) conform to other similar
requirements.
3. Customer Conduct. You agree to be bound by the
applicable provisions of the Parava Networks Acceptable Use Policy,
incorporated herein and made part of this Agreement by reference, in
connection with your use of the services described in this Schedule.
Parava Networks's outsourcing contractors for the e-mail services, or
their successors, shall be intended third party beneficiaries of the
e-mail service customer's obligations under this Agreement and thus
shall be entitled to enforce those obligations against you as if a party
to this Agreement.
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