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This Agreement
is between "Netzez Solution Provider", a California
Corporation and the party specified in the
"Contracts". Such party shall be referred to herein as the "Customer" and shall enter into this Agreement by clicking on the
submit button of the electronic Contract or by faxing, mail or
otherwise transmitting the Contract to Netzez Solution Provider
For good and valuable consideration, the parties agree as follows:
By
signing our contracts, you acknowledge and agree that the
prices, specifications, and conditions are satisfactory and are
hereby acceptable to you; and that Netzez Solution Provider
is hereby authorized to perform the work as specified; and that
you have read the terms and conditions; and that you hereby
agree and accept the terms and conditions.
Also by signing our contracts, you hereby authorize Netzez Solution Provider to charge your credit card or term account for the products and
services.
Also by signing our contracts, you hereby acknowledge and agree that if you
desire to make any changes to the scope of the work to be performed by Netzez Solution Provider on your behalf, which differs from the products and/or
services, then you must provide written notice of such changes to Netzez Solution Provider (either via written correspondence or e-mail
communication).
Also by signing our contracts, you hereby authorize Netzez Solution Provider to charge your credit card or term account for all additional products and
services, which result from your request to change the scope of the work to be
performed by Netzez Solution Provider on your behalf.
Also by signing our contracts, you hereby acknowledge and agree that if you are
ever in default of payment to Netzez Solution Provider, then Netzez Solution Provider shall have the right to de-activate your services, and Netzez Solution Provider shall not be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that results or have alleged to have resulted from such de-activation. In addition, once you are no longer in default and your account is brought current, Netzez Solution Provider shall have the right to charge you
a re-activation fee to re-activate your web
site.
Netzez Solution Provider will provide to Customer Internet facilities consisting of some or all of: connectivity, hardware management, software management,
application providing, web hosting, web design, website promotion, and/or related services described in the plan selected by Customer from Netzez Solution Provider's then published list of services offered.
The specific plan of Services to be provided initially to Customer shall be as selected in the Order
Form Contract and thereafter as established through correspondence between Customer and Netzez Solution Provider.
Netzez Solution Provider will provide to Customer standard technical support free of charge with no time or call frequency limit for
issues related to our products associated with normal operation of Customer's
website or service. Standard Support shall include only diagnosis and repair of any malfunction of standard network, equipment, and web server hardware or software
provided with Customer's plan of Services. Customers will
be notified if their support call is not free prior to incurring any expenses.
No support shall be provided for any issue not directly related to any Standard
Support described above, including but not limited to issues related to web design, third party
web design and software configuration or troubleshooting, and
training.
Customer may request additional support for items not covered by Standard Support, which would be billed at a specified hourly rate determined solely by Netzez Solution Provider.
The initial term of this Agreement shall be as stated in the Contract . The Initial Term shall begin upon commencement of Service to Customer, provided, however, no Service shall commence unless and until Netzez Solution Provider receives and accepts a completed
Contract from Customer, plus payment in full for Services to be rendered during the Initial Term and any setup charges.
Netzez Solution Provider reserves the right to reject any submitted
Contract for any or no reason prior to written acceptance thereof by Netzez Solution Provider.
After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically
terminate. Customer may renew upon notification up to 30 days
prior to renewal date without account de-activation. Renewal
fees are subject to the current published fee schedule.
The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term".
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5
- TERMINATION, CANCELLATION, DE-ACTIVATION AND
RE-ACTIVATION
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This Agreement may be terminated:
(1) by the
Customer at any time, without cause;
(2) by Netzez Solution Provider, without cause, by giving the other party
15 days prior notice;
(3) by Netzez Solution Provider, at any time, upon 20 days' prior notice if in the sole judgment of Netzez Solution Provider, Customer breaches any material provision of
this Agreement and has not cured same by the end of the 10
days;
(4) by Netzez Solution Provider at any time in the event of nonpayment by Customer
and
(5) by Netzez Solution Provider, at any time, without notice, if, in Netzez Solution Provider's sole judgment, Customer is in violation of any
terms or conditions of Netzez Solution Provider's Service Usage
Policy. If cancellation is due to your abuse of our policies, there will be no refund.
In the event Customer's account is terminated for cause, all files and data belonging to Customer will be permanently deleted upon termination without the possibility of recovery.
If a Customer voluntarily terminates his/her account, Netzez Solution Provider agrees to reimburse that Customer the unused portion of the pre-paid
service within 30 days of the initial valid cancellation notice. Partial
month refunds are not issued.
A cancellation notice shall only be deemed valid if
sent to info@netzez.com.
Customers residing outside of the U.S. shall only have their refund applied to a major credit card (currently Visa, MasterCard, American Express or Discover).
If a Customer's account is terminated for cause, refund will be issued at the sole discretion of Netzez Solution Provider. Netzez Solution Provider reserves the right to modify its refund policy at any time in accordance with current market conditions.
De-Activation
of service does not necessarily imply
termination of this Agreement and Services. Charges
will continue to accrue as if no De-Activation had occurred and
a Re-Activation Fee may be imposed.
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6
- PAYMENTS, FEES AND REFUNDS
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All fees for Services rendered or provided to Customer shall be in accordance with Netzez Solution Provider's fee schedule.
We provide the service of being able to pay for your purchases via Visa, MasterCard, Discover Card,
American Express, Debit Cards, Company Check and Cash. Your payment via credit card shall be done at your own risk. Netzez Solution Provider shall protect your credit card number within its business
office. However, Netzez Solution Provider shall not be liable for any unauthorized use of your credit card by persons other than Netzez Solution Provider, or its officers and employees.
Under no circumstances shall Netzez Solution Provider or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages that result or have alleged to have resulted from the unauthorized use of your credit card by persons other than Netzez Solution Provider, or its officers and employees.
All credit card charges will appear as Netzez Solution Provider on your bank card statement.
If you feel more secure with sending us your payment via check or money order offline, we have provided a way to do that via the U.S. Mail (see address below).
All sales must be paid in U.S. Dollars.
All sales are final unless otherwise specified.
All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Netzez Solution Provider) shall be paid by
Customer.
Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal
period and 30 days prior. Customer will receive an invoice for the charges for the
Services rendered or provided by Netzez Solution Provider for such renewal period, plus any additional Services rendered or provided by Netzez Solution Provider to Customer for the preceding month of the Term, and any other charges or fees then due hereunder. Payment in full of such invoiced amount is due upon receipt of the
invoice unless otherwise stated. Renewal fees are subject to
current published the fee schedule.
Payment Terms - Pre-Paid
If your account status is new with us, we require all services to be paid in full prior to the start of any work. There are no exceptions.
Payment Terms - Upon Receipt
If your terms are due upon receipt, payment is expected upon the receipt of the statement via credit card (or check if pre-arranged). If payment is not received within 24 hours of your statement date and time sent your account will be de-activated until all issues are satisfied. A re-activation fee
is required once de-activation occurs.
Payment Terms - Net 30
If your account is past due for thirty (30) or more days, then a late fee of Twenty Five Dollars ($25.00) shall be assessed against you. In addition, Netzez Solution Provider may impose a debt service charge equal to one and one-half percent (1½ %) of the past due balance for each month or fraction thereof that the past due amount remains unpaid. In addition, in the event that any amount due Netzez Solution Provider remains unpaid ten (10) days after presentation of an invoice
after the net term to the Customer, Netzez Solution Provider, in its sole discretion, may immediately terminate this Agreement,
and/or De-Activate Services.
If paying by check or credit card and your check is returned unpaid (NSF)
or a credit card charge is disputed you will incur a $50.00 processing fee for each occurrence. In addition to a processing fee you may be subject to other fees if necessary to collect monies that are due for services provided and your
service or website may be de-activated until all issues are satisfied. A re-activation fee
is required once de-activation occurs.
Payment by Mail Address
Netzez Solution Provider
ATTN: Accounts Receivable
31 El Portal Dr
Greenbrae, California, 94904 USA
Integration
Fees We charge an
Integration Fee for Net Member Services products and services. These fees are non refundable. Re-Activation
Fees If Customer account is
De-Activated (suspended) for
any reason a Re-Activation Fee of $99.95 may be imposed. Refunds We issue refunds for the unused portion of
any pre-paid service within 30 days, however partial month refunds are not
issued.
A cancellation notice shall only be deemed valid if
sent to billing.dept@netzez.com.
Customers residing outside of the U.S. shall only have their refund applied to a major credit card (currently Visa, MasterCard, American Express or Discover).
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- CREDIT
CARD CHARGE BACKS
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In the event a Customer disputes our charge with their bank or
credit card company for any reason resulting in a charge back to
us, we shall immediately De-Activate account along
with all web pages and e-mail messages without notice. A
charge back fee of up to $50.00 will be posted to your account.
In addition to a charge back fee you will also be responsible
for the actual charge disputed amount and a Re-activation fee.
If charge back is intentional we shall immediately terminate and delete the Customer's web pages and e-mail messages without
notice. All future account activations will be
denied.
Fraud orders are unacceptable and cost all of us plenty. With that in mind, prior to charging your credit card for purchases we
may require a card holder signature for verification. If
requested and we do not receive your signed, faxed contract within 24 hours of your submission your contract will be void and reported as a fraudulent charge to
Visa/MasterCard/Discover/American Express. If you choose not to fax a contract because you have changed your mind please notify us via email
at info@netzez.com
within 24
hours.
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- CUSTOMER'S RESPONSIBILITY AND CONTENT
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Netzez Solution Provider will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. Netzez Solution Provider shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason. Furthermore, Netzez Solution Provider shall not be held responsible for maintaining backups of Customer's data in the event of loss or corruption, and Customer accepts sole responsibility for maintaining any such backups.
(We do run daily back-ups of your
website and applications, you are ultimately responsible to maintain a current copy of your site other than the one on our
server). All content is
the responsibility of the Customer unless Customer is using our
Professional Content Creation Services. We only accept original
photos for web
sites. We will not use external links on websites that we design unless
requested. Existing Code with Additions From Us If your site is an existing site and we add any type of code we only warranty the code that we are creating. We do not warranty your source code as we have not created it. You acknowledge and understand that neither Netzez Solution Provider, nor any of its officers or employees, warrant existing source code not created by us. Netzez Solution Provider specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied. Under no circumstances, including negligence, shall Netzez Solution Provider or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use the existing code; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft or
destruction. User ID's and Passwords are needed for us to post your website if you choose that service. We recommend setting up a temporary user id and password if you feel strongly about security. Changing your user id and password is usually done with your Internet Service Provider and in some cases can be done on-line. We can arrange the date of your web posting and once your website is posted you can change your user id and password back to what it was.
Your User ID's and Passwords shall be provided by you to Netzez Solution Provider at your own risk. Netzez Solution Provider shall protect your User ID's and Passwords within its business office, but shall not be liable for any unauthorized use of your User ID's and Passwords by persons other than Netzez Solution Provider, or its officers and employees. Under no circumstances shall Netzez Solution Provider or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages that result or have alleged to have resulted from the unauthorized use of your User ID's and Passwords by persons other than Netzez Solution Provider, or its officers and employees. Virus
and File Coverage Although we scan for virus and file corruption after your website has been created, after it leaves our control whether via posting it for you, sending it via e-mail to you or sending you the hard copy on a compact disk we DO NOT guarantee that virus and/or file corruption will not occur. We recommend to run virus protection and scan disk before loading anything on your computer.
For
Customers contracting with us for web design services, all work
must be completed within 30 days unless Customer purchases
Professional Content Creation Services, Custom website
Solutions or has special circumstances pre-arranged with Netzez Solution Provider. Once
all services are created and posted to Customers account the
Customers project will be considered completed and closed.
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- ADVERTISING
AND PROMOTIONS
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Our
hosting and application service packages do not require the use
of external advertising in exchange for lowered costs for
services. Some
services include website promotion (website submission). Web
site submission is done through electronic means and there are
no guarantees of actual website acceptance or placement with
any particular search engine provider.
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- BROWSER
COMPATIBILITY STATEMENT
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This website and all the sites we provide are designed to work best with Microsoft's® Internet Explorer™, using version 4.0 or higher. Some
areas of some of our websites are designed for use only with Microsoft's® Internet Explorer™, using version 4.0 or
higher and not for use with Netscape Navigator or any non
IE browser type. We use some of the latest website technologies to give you the best Web browsing experience possible. To take advantage of these powerful features you must have JavaScript enabled in your browser's preferences.
The use of cookies is necessary to view this website and/or license a website from us. Please be sure you have cookies enabled in your browser's preferences.
AOL and Page Refresh Issues: America Online uses a proxy cache to deliver web pages through the AOL browser. This may cause problems when trying to view recent changes to your website. When connecting to the Internet with AOL, we recommend you use a separate Web browser for viewing changes that are taking place on your site during construction of changes.
AOL and Image Compression: America Online compresses images before they reach your computer to save on download time. This means of reducing the load on their network may degrade images found on most web pages. This feature is "on" by default, but here are instructions to turn image compression off.
There may be minor differences in how to correct this problem in various versions of AOL's software. The basic procedure is:
(1) Choose "My AOL" on the icon bar across the top of the window. (2) Select
"Preferences". (3) Click the "WWW" icon. (4) Click the "Web Graphics" tab.
(5) Uncheck "Use Compressed Graphics". (6) Click "OK". You should also delete your browser's cache (previously viewed pages/images):
(1) Choose "My AOL" on the icon bar across the top of the window. (2) Select "Preferences".
(3) Click the "WWW" icon. (4) Click the "Empty Cache Now" button on the bottom right of the window.
If there is no "Empty Cache Now" button: (1) Select the "Advanced" tab.
(2) In the section labeled "Temporary Internet files," click "Settings..."
(3) Click the "Empty Folder..." or "Purge Cache" button once. (4) Click "Yes" once to empty the folder and remove previously viewed files.
(5) Click "OK" to close the two windows. (6) Close the "Preferences" window.
You may have to quit and restart AOL for the above changes to take effect.
Customer shall not use Netzez Solution Provider's Services in violation of Netzez Solution Provider's "Service Usage
Policy".
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- DISCLAIMER
AND INDEMNIFICATION
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Customer agrees to use the contents in this website at Customer's own risk. Netzez Solution Provider shall not be held liable in any way for any improper or incorrect use of the contents in this website. Netzez Solution Provider specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, regarding the use of this website or it's services. Netzez Solution Provider is not responsible or liable for the content of links to other sites, or sites linking to us and does not endorse either. Netzez Solution Provider is not responsible or liable for any types of viruses or issues arising from viruses or malfunctioning computer code because of viruses. Submitting your worksheet/order form over the Internet is done at your own risk and discretion. Netzez Solution Provider holds has no liability if parties other then Netzez Solution Provider's officers and employees obtain the contents of your submission. Under no circumstances, including negligence, shall Netzez Solution Provider or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use this website or its services; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to this website. Netzez Solution Provider further shall have no responsibility whatsoever to you or any third party for the accuracy or quality of information obtained through or in connection with this website or
any of its services. Customer shall defend, indemnify, save and hold Netzez Solution Provider harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages asserted against Netzez Solution Provider, its officers and employees, that may arise or result from this website or it's services. Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the twelve (12) months immediately preceding the claim or the term of this Agreement, whichever is less.
Duplicating or copying any content from this or any Netzez Solution Provider website or any patent pending modularized database solution that we create is a direct violation of copyright law. Unauthorized copying, distribution or use is strictly prohibited without written consent from Netzez Solution Provider
All design, images, modular database solutions, control panel administration,
functionalities, applications and text are owned by Netzez Solution Provider and are subject to copyright protection.
©Netzez Solution Provider. All rights reserved. All other copyrights remain property of their respective owners. We reserve the right to revise our
terms and policies at any time.
This Agreement, and the performances due hereunder, shall be construed and governed in accordance with the laws of the State of California. Venue for purposes of any court action shall be in Hillsborough County, California. As such, all claims concerning this Agreement shall be brought exclusively in the State or Federal courts located in Hillsborough County, State of California. The parties hereby consent to submit to the jurisdiction of such courts located in Hillsborough County, State of California, and waive any personal jurisdiction or venue defenses concerning said forum.
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- DATABASE APPLICATION SERVICES
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Customer understands that
Net Member Services Applications, modularized database solutions, Control Panel Administration and its functionalities are concepts of Netzez Solution Provider and are patent pending programs that are licensed as a solution.
Net Member Services Applications, Control Panel Administration, Modular Database Solutions and Control Panel Functionality are trademarks of Netzez Solution Provider
©1999-2004 Netzez Solution Provider Net Member Services
Applications, Control Panel Administration, Modular Database Solutions and Control Panel Functionality
and Applications are owned by Netzez Solution Provider, and its structure, organization and code are the valuable proprietary information of Netzez Solution Provider, and are protected by the United States Copyright Laws. Netzez Solution Provider only grants to you a license to use the applications, but the code and functionality which is used in creating the website belongs to Netzez Solution Provider No license is granted to you for the purpose of reverse engineering from the source code, reverse compiling from the source code or for making derivative works from the source code. Unauthorized copying, distribution or use is strictly prohibited without written consent from Netzez Solution Provider
Although we run daily back-ups of your website, you are ultimately responsible to maintain a current copy of your
database other than the one on our servers.
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- WEB DESIGN PACKAGES SOURCE CODE OWNERSHIP &
WARRANTY
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The code that is being created for your
web design package is custom created just for your account. Ownership rights of the code purchased are transferred
to the Customer when the project is complete and closed. Because we are creating a program (website) code ownership allows you to make adjustments, transfer among servers if switching hosts an other general business
procedures. Code ownership does not include making derivative works from the source
code. Unauthorized copying, distribution or use is strictly prohibited without written consent from Netzez Solution Provider Basically we don't want you to take code that is written for a specific project and copy it to make another project with the same code. That would be like buying a copy of any off the shelf code (such as Microsoft Word) and copying it to multiple machines. You own the code for what is was written for, not to be copied over and over for personal or any type of gain.
We guarantee that the code written is ready to be posted to the World Wide Web and that there are no malfunctioning links providing we post your website to its proper directory. We DO NOT guarantee: That your website will work correctly if it is not posted by us. We do not have control over the file structure or code once we send you your website.
That you will not inadvertently change the file structure, lose files, corrupt your system or completely have to start from scratch with regards to your website. We have no way of knowing your technical expertise with regards to computer technology. If for some reason you do inadvertently mess up the entire thing, feel free to call us and we will resend your website to you. We do not mind helping out with technical questions. We would rather you contact us if there are any issues than try to fix it yourself, especially if you are not technical with regards to programming
technology. All
web design package website code is warranted for 30 days from
the completion date except for the following reasons: (1)
If Non WSC Inc. staff members access source code all warranties are null and void. Please understand that once a non WSC Inc. staff member enters a site created by WSC Inc., we have no way of knowing the technical ability of that person therefore we can not honor our warranty as that person may have changed the original
code. (2)
Changes in transaction methods from 3rd parties. (3)
Changes in 3rd party URL's. (4)
Unforeseen changes from any 3rd party that may break current connection paths (links) to said 3rd party services.
Time to fix any issues created by non WSC Inc. staff members will be billed at a specified hourly rate determined solely by Netzez Solution Provider.
Although we run daily back-ups of your website, you are ultimately responsible to maintain a current copy of your site other than the one on our
servers.
Netzez Solution Provider
may at it's own discretion contract with 3rd party hosting
companies to provide such hosting services. If
done, Netzez Solution Provider utilizes web hosting services from
only reputable companies. As you depend on us for service, we depend on them for
service. Due to circumstances beyond our control, downtime can occur. We
reserve the right to change carriers at any time without notice. If logins/passwords are
provided to Customer and changed by the Customer, we must be
notified immediately. If we are not notified we are not responsible for support.
Under no circumstances do we allow the contact record to be altered. Altering the contact record will result in account cancellation without
refund. You acknowledge and understand that neither Netzez Solution Provider, nor any of its officers or employees, warrant the hosting services offered or provided by
3rd party hosting companies. Netzez Solution Provider specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the hosting services. You shall be bound by the terms and conditions of the hosting company. Under no circumstances, including negligence, shall Netzez Solution Provider or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use the hosting services; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to the hosting service's records, programs or services.
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- RETURN
OF PERSONAL PROPERTY
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Because of the nature of our business, we receive massive amounts of pictures to be
scanned and electronic information. Because it impossible to administer the return of all the pictures we receive, we ask that you send us only pictures that you will not need because they will not be returned.
Your right to privacy is very important to
us. We recognize that providing us with personal information is an act of trust.
Our Privacy policy has been developed protect your personal information. Personal Information Collected When you visit any of our websites and access information you remain anonymous. We do not require you to register or provide personal information to us to view our
sites.
There are occasions when we will ask for additional information. We do this not
only to better understand and respond to your needs, and provide you with services that may be valuable to
you but also to set up your Customer account. Personally identifiable information will be collected in order for you to register a domain name or open a hosting account. We
will protect your personal information in storage through the
use of encryption.
You can help us maintain the accuracy of your information by notifying us of any changes to your address, title, phone number or e-mail address. To update your account file, click
here.
Use of Your Information We will not provide any of your personal information to other organizations or third parties unless required to do so by law. We do not sell our clients'
personal information to anyone. Security of Your Credit Card Information If you supply us with your credit card information, we will encrypt the card number during
transmission but ultimately you submission is done at your own
risk. Under no circumstances shall Netzez Solution Provider or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages that result or have alleged to have resulted from the unauthorized use of your credit card by persons other than Netzez Solution Provider, or its officers and employees.
Links to Third Party Sites We provide links to third party sites. Since we do not control those websites, we encourage you to review their
posted privacy policies.
| Cookies |
 |
"Cookies" are small files sent from a web server to your computer through your browser program. There are two types of cookies: non-persistent and persistent
cookies:
A non-persistent cookie enables a website to temporarily keep information on your computer as you travel from one page to another on our site. This cookie is automatically deleted from your machine when you close your browser. Because these cookies are necessary to provide some functions, failure to allow such cookies may make some of the functions on our website unavailable to you.
A persistent cookie is kept even when you close your browser. You can manually delete these cookies using commands specific to your browser and computer system. These cookies store information that would generally not change from session to session. They also contain information that would need to be reentered by you each time you visit the website. For example, we use persistent cookies to welcome our visitors to our website by displaying the date ad time of their last
visit.
| Use of Cookies |
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We use cookies for various reasons and only read cookies written by our site. We do not use cookies to obtain information on other websites that you may visit. We may use cookies to store some history about the parts of our sites that you have visited to help you navigate our site more easily or to alert you to related pages on our site that may interest you. E-Mail You may decide to send us personally identifying information, such as a message containing your domain name or login information for your account. We will only use this information to identify you as a client and to determine how to respond to your message. We will not use this information for any purpose other than to resolve the matter identified in your
message. Privacy Policy Updates We may occasionally update this policy.
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- WSC BRANDED HOSTING SERVICES USAGE POLICY
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The Netzez Solution Provider Service Usage Policy has been developed with the following
objectives:
(1)
Ensure security, reliability and privacy of our systems and network, and
the networks and systems of others.
(2)
Preserve the value of Internet resources as a conduit for free expression.
(3)
Encourage the responsible use of net resources and discourage practices
which degrade the usability of network resources and thus the value of
Internet services.
(4)
Avoid situations that may cause Netzez Solution Provider to incur civil liability.
(5)
Preserve the privacy and security of individual
users.
We expect our Customers to use the Internet with courtesy and responsibility
and to be familiar with and to practice good Internet etiquette. By adhering to
the following policies, our Customers are protecting the rights and privileges
of all Internet users.
VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND WILL
RESULT IN IMMEDIATE TERMINATION OF THE OFFENDING ACCOUNT AND MAY INCUR FINANCIAL
PENALTIES TO THE VIOLATOR. General
Conduct (1) Customers are prohibited from transmitting on or through any of
Netzez Solution Provider's facilities any material that is, in Netzez Solution Provider's sole
discretion, unlawful, threatening, abusive, libelous, or encourages conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise
violate any local, state, national or international law, statute or regulation. (2) Netzez Solution Provider's facilities may only be used for lawful purposes.
Transmission, distribution, or storage of any information, data or material in
violation of United States or state regulation or law, or by the common law, is
prohibited. This includes, but is not limited to, material protected by
copyright, trademark, trade secret, or any other statute. Netzez Solution Provider
reserves the right to remove such illegal material from its servers. (3) Customers may not engage in tortuous conduct including, but not limited to,
posting of defamatory, scandalous, or private information about a person without
their consent, intentionally inflicting emotional distress, or making physical
threats against another person via email, news, or any other electronic
media/service we provide. (4) Customers may not use abusive, unprofessional, or threatening language
towards any member of our staff. Definition of any such behavior is to be solely
at our discretion. (5) Customers must provide or update Netzez Solution Provider with accurate and up-to-date
contact and billing information. Furnishing false data on the signup form,
contract, or online application, including fraudulent use of credit card
numbers, is grounds for immediate termination, and may subject the offender to
civil or criminal liability. System
and Network Usage and Security (1) Customers may not attempt to circumvent user authentication or security of
any host, network, or account ("cracking"). This includes, but is not
limited to, accessing data not intended for the Customer, password sniffing,
security hole scanning, IP spoofing, logging into a server or account the
Customer is not expressly authorized to access, or probing the security of other
networks. (2) Customers may not attempt to interfere with service to any user, host, or
network ("denial of service attacks"). This includes, but is not
limited to, "flooding" of networks, deliberate attempts to overload a
service, and attempts to "crash" a host. (3) Customers may not use any kind of program/script/command, or send messages of
any kind, designed to interfere with a user's terminal session, via any means,
locally or by the Internet. (4) Customers must safeguard their account passwords to prevent unauthorized
access to their account. (5) Users who violate systems or network security may incur criminal or civil
liability. Netzez Solution Provider will cooperate fully with investigations of violations
of systems or network security at other sites, including cooperating with law
enforcement authorities in the investigation of suspected criminal violations. (6) Customers with shared hosting accounts shall not continuously use more than
33% of the CPU resources of their server during any 24 hour period. Prohibited
Use Although we do not have content restrictions, all content must be obtained
legally and used in a legal manner. Below are examples of what we consider to be
illegal content, and therefore prohibited use of service: (1) Utilize the service in connection with any illegal activity.
Without limiting the general application of this rule, Users may not:
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(a)
Utilize the service to copy material from third parties (including
text, graphics, music, videos or other copyrightable material) without
proper authorization;
(b)
Utilize the service to misappropriate or infringe the patents,
copyrights, trademarks or other intellectual property rights of any
third party;
(c)
Utilize the service to traffic in illegal drugs, illegal gambling,
obscene materials or other any products or services that are prohibited
under applicable law; or
(d)
Utilize the service in any manner that violates applicable law. |
(2) Utilize the service in connection with any tortious or actionable
activity. Without limiting the general application of this rule, Users may
not:
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(a)
Utilize the service to publish or disseminate information that
(#1)
constitutes slander, libel or defamation, (#2) publicizes the personal
information or likeness of a person without that person’s consent or (#3) otherwise violates the privacy rights of any person.
(a)
Utilize the service to threaten persons with bodily harm, to make
harassing or abusive statements or messages, or to solicit the
performance of acts or services that are illegal under applicable law. |
(3) Utilize the service in connection with any other disruptive or
abusive activity. Without limiting the general application of this rule,
Users may not:
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(a)
Utilize the service to cause denial of service attacks against
Netzez Solution Provider or other network hosts or Internet users or to otherwise
degrade or impair the operation of Netzez Solution Provider’s servers and
facilities or the servers and facilities of other network hosts or
Internet users.
(b)
Utilize the Services to subvert, or assist others in subverting, the
security or integrity of any Netzez Solution Provider systems, facilities or
equipment.
(c)
Utilize the Services to gain unauthorized access to the computer
networks of Netzez Solution Provider or any other person.
(d)
Utilize the Services to provide passwords or access codes to persons
not authorized to receive such materials by the operator of the system
requiring the password or access code.
(e)
Utilize the service to (#1) forge the signature or other identifying
mark or code of any other person, (#2) impersonate or assume the identity
or any other person, or (#3) engage in any other activity (including
"spoofing") to attempt to deceive or mislead other persons
regarding the true identity of the User (excluding the use of anonymous
re-mailers or Internet nicknames).
(f)
Utilize the service to distribute or post any virus, worm, Trojan
horse, or computer code intended to disrupt services, destroy data,
destroy or damage equipment, or disrupt the operation of the Services.
(g)
Utilize the service to conduct port scans or other invasive procedures
against any server (except any server for which the User is an
authorized system administrator).
(h)
Utilize the service to distribute, advertise or promote software or
services that have the primary purpose of encouraging or facilitating
unsolicited commercial e-mail or Spam.
(i)
Utilize the service in any manner that might subject Netzez Solution Provider to
unfavorable regulatory action, subject Netzez Solution Provider to any liability
for any reason, or adversely affect Netzez Solution Provider’s public image,
reputation or goodwill, including, without limitation, sending or
distributing illegal, hateful, vulgar, racially, ethnically or otherwise
objectionable materials as determined by Netzez Solution Provider in its sole
discretion.
(j)
Utilize the service in any other manner to interrupt or interfere with
the Internet usage of other persons. |
Email (1) Harassment, whether through language, frequency, or size of messages, is
prohibited.
(2) Customers may not send email to any person who does not wish to receive it.
If a recipient asks to stop receiving email, the Customer must not send that
person any further email.
(3) Customers are bound by the Netzez Solution Provider Spam Policy.
(4) Customers may not forward or otherwise propagate chain letters, whether or
not the recipient wishes to receive such mailings.
(5) Malicious email, including but not limited to "mail-bombing"
(flooding a user or site with very large or numerous pieces of email) and
"trolling" (posting outrageous messages to generate numerous
responses) is prohibited.
(6) Forging of header or any other information is not permitted.
(7) Subscribing someone else to a mail list or removing someone else from a mail
list without that person's permission is prohibited.
(8) Netzez Solution Provider accounts or services may not be used to collect replies to
messages sent from another Internet Service Provider, where those messages
violate this Usage Policy or the usage policy of that other provider.
(9) Netzez Solution Provider email servers are not to be used as a
storage facility for any types of mail including spam messages.
Email management is essential to keeping our servers running for
all users. Any account storing email which interrupts or
interferes with the usage of other users or server resources is
subject to email review and if necessary email deletion.
USENET
(1) Netzez Solution Provider is not responsible for the content of any USENET posting,
whether or not the posting was made by a Netzez Solution Provider Customer.
(2) Postings to USENET newsgroups must comply with the written charters or FAQs
for those newsgroups. Advertisements should only be posted in those newsgroups
whose charters/FAQs explicitly permit them. The poster is responsible for
determining the etiquette of a given newsgroup, prior to posting to it.
(3) Customers are prohibited from posting the same or similar message to large
numbers of newsgroups (excessive cross-posting or multiple-posting, also known
as "USENET spam").
(4) Customers are prohibited from posting binary files to newsgroups not
specifically named for that purpose.
(5) Customers are prohibited from canceling or superseding posts other than their
own, with the exception of official newsgroup moderators performing their
duties.
(6) Customers are prohibited from forging header information. This includes
attempting to circumvent the approval process for posting to a moderated
newsgroup.
(7) A Customer may not solicit mail for any other address, other than that of the
Customer's Netzez Solution Provider account or service, with the intent to harass or
collect replies after Netzez Solution Provider's service has been terminated.
IRC
(1) Netzez Solution Provider is not liable for the content of any communications made on
IRC.
(2) IRC robots ("bots" or "clones") or IRC sessions may
not be run from Netzez Solution Provider's shared server accounts.
(3) Customers may not attempt to impersonate others or use IRC anonymously by
disguising their hostname or username.
(4) Customers are prohibited from using IRC scripts or programs that interfere
with or deny service to other users on any server or host. Customers are also
prohibited from engaging in activities which harass other users. This includes,
but is not limited to, "flooding" (rapidly entering text with the
intent to fill the screens of others), "flashing" (disrupting terminal
emulation), "takeovers" (forcibly seizing operator privileges),
attempting to send private messages to those who do not wish to see them (via
"ignore"), attempting to return to a channel after being banned from
it, and other disruptive behaviors.
No Spam
Policy
As a provider of Internet network services and management, Netzez Solution Provider
considers it an obligation to put an end to Spam. We respect your need for
efficient, cost-effective and interruption-free services, and we pride ourselves
on offering you one of the most scalable, reliable and redundant networks
available today. To protect this service, we have the following Spam policy:
Any Netzez Solution Provider Customer willfully responsible for Chain Letters, Sourced
Spam or for Caused Spam will have their account terminated without notice and no
refund of pre-paid hosting fees will be issued for the offending account. No new
accounts will be permitted for any Customer previously found to be in violation
of our Spam policy.
For purposes of this policy, the following definitions apply:
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(a)
Excessive Volume: More than 100 email messages sent in a 1-hour period,
unless the software used to send such messages was Netzez Solution Provider's Mailing
List Manager.
(b)
"Chain" letters: Commercial solicitations where no prior
commercial relationship exists and where the recipient has not previously
initiated communication Religious, philosophical, or charitable
solicitations or fliers where the recipient has not previously initiated
communication.
(c)
Sourced Spam: Each and every Unsolicited Email Message that is sent
through a single Netzez Solution Provider supplied email account whenever that single
email account originates an Excessive Volume.
(d)
Caused Spam: Each and every Unsolicited Email Message, sent in an
Excessive Volume by any party over any network to any party, which
advertises or mentions a site hosted by a Netzez Solution Provider Customer on the
Netzez Solution Provider network, whenever directly caused by the actions of a
Netzez Solution Provider Customer. |
Material and Product Requirements
(1) Customers must ensure that all material and data placed on Netzez Solution Provider's
equipment is in a condition that is "server-ready," which is in a form
requiring no additional manipulation on Netzez Solution Provider's part. We shall make no
effort to validate this information for content, correctness or usability.
(2) Use of Netzez Solution Provider's facilities requires a certain level of knowledge in
the use of Internet languages, protocols, and software. This level of knowledge
varies depending on the anticipated use of the facilities. Customers are
responsible for having this level of expertise. It is not the responsibility of
Netzez Solution Provider to provide this knowledge or Customer support outside of the
service defined in the Service Agreement.
(3) Customers will use only legal and properly licensed software on any
equipment located on Netzez Solution Provider's premises.
(4) The space provided by Netzez Solution Provider is to be comprised of hypertext markup language (html) and associated files intended solely for the presentation of the Customer's website. Netzez Solution Provider defines archiving as the storage of files on our server(s) that are not linked or related to the purpose of the website. Violation can result in warning, suspension, or cancellation.
(5) Adult material is defined by Netzez Solution Provider as any photos or videos showing frontal nudity of either men or women. Adult material also consists of the sale of sexually explicit materials. Netzez Solution Provider reserves the right to determine what might be considered "sexually explicit" or "sexually related".
General
THE USAGE POLICY DEFINES THE ACTIONS WHICH Netzez Solution Provider CONSIDERS TO BE
ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY
ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO Web Services Corporation
Inc's. CUSTOMERS.
If you are unsure whether any contemplated use or activity is prohibited, please
contact us at web.admin@netzez.com
and
we will assist you.
Please note that the activities set forth above are also not
permitted from other Internet Service Providers on behalf of, or to advertise,
any service hosted by Netzez Solution Provider, or connected via our network. Furthermore,
such services may not be advertised via deceptive marketing policies, as defined
by the Federal Trade Commission Deception Policy Statement.
Netzez Solution Provider must further limit any exceptions made to the Service Usage
Policy as secondary in regards to server and network security, performance and
integrity. Any user, regardless of exception status, may have his or her service
disabled if it is interfering with our servers or network.
Please report any known violations of our policy
to acct.abuse@netzez.com
Bandwidth Usage & Overage
Each domain
that is active on our servers is allowed 1GB of transfer per
month (1st to 30th). Additional bandwidth will be billed at
$5.95 per gig with no incremental billing.
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22
- DOMAIN REGISTRATION POLICY |
Registration of
domain names are open to qualified organizations and individuals on a non-discriminatory, first-come first-served basis. There is no limit on the number of registered names one organization or person can hold. Domain
Types We offer all top level domain purchases including
.com, .net and .org. Service
Types We
offer Domain Name Management services to Customers using our
hosting services. Managed
domain services allow us to maintain the (DNS) Domain Name
Servers so that if a server goes down we can point the DNS to a
newly offered server. Management of domains is primarily for
less down time in case of emergency or loss of service due to
equipment failure.
With Domain Management Services, Customer's
site is guaranteed never to be down due to DNS issues for more
than 48 hours. If hosting with us we know when your site is down
due to DNS issues and can immediately make the changes on your
behalf so that you're site is back on line as fast as possible.
Fees We allow 3 domains per
Customer account number. You may have as many account numbers as you wish.
If Customer is purchasing our Total website Solution the first
domain is at no charge. Additional domains are $35.00 per domain
per year. All fees are due at the time of registration. Renewal fees are $35.00 per domain
per year.
Refunds Absolutely No Refunds. Please make sure
domain is spelled correctly before submitting the order.
Registration Information All domain name registrations require valid owner and technical contact information.
As your domain manager we are those contacts for a period of one
year. After one year of service Customer can either renew it's
Domain Service with Netzez Solution Provider, or transfer
domain to another service provider or open an account within our
current domain registrar system (currently GoDaddy.com) and have
domain transferred to said account. Once domain leaves our
domain service we are no longer responsible for the domain or
management of the domain. Customer
officially owns the domain(s) as stated on your paid
in full contract even though ownership shows Netzez Solution Provider
Renewal Notices Renewal notices will be sent via email 30 days prior to the expiration date of the registration.
Renewal fees are due prior to renewal date. It is your responsibility to make sure we have your correct email address for billing.
Activation A newly registered domain name will be activated within 24-48 hours of registration.
Acceptable Domain Names Domain names can be from 1 to 62 characters in length (we do not recommend more than 23 characters), and may not begin or end with a dash (-) or contain any spaces between characters. Except for the dash (-) character, only alphanumeric characters A-Z and 0-9 are accepted. We reserve the right to deny registration of a domain name we deem offensive or inappropriate for any reason.
Acceptable Use You agree to use your domain name in a lawful manner consistent with generally accepted business and moral standards. Although we will not restrict free speech, we reserve the right to require a
Customer to cease to use a registered domain name for a purpose that is deemed to be grossly offensive to a very large group of internet users.
Customer also agree that, to the best of their knowledge, the name they are registering does not infringe on any trademark or violate any trademark and intellectual property law. If it is later found that a trademark infringement may have occurred, and a dispute arises, the registrant must agree to be bound by our Domain Name Dispute Resolution
Policy.
Unacceptable Use Use of any domain name for a purpose unlawful in the United States of America and any of its states is prohibited, and could cause deletion of your domain name.
The sending of unsolicited bulk email (spam) is also prohibited and constitutes a violation of the registration
agreement.
Netzez Solution Provider can in its sole discretion revoke, suspend, transfer or otherwise modify a domain name registration upon seven
(1) calendar days prior notice, or at such time as we receive a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration. In the case of nonpayment,
charge back or other direct violation of these terms and conditions,
Customer agrees that we can at our sole discretion revoke, suspend, transfer or otherwise modify a domain name registration without
notice.
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23
- DOMAIN REGISTRATION AGREEMENT |
This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of Netzez Solution Provider's domain name registration services to register an Internet domain name, as well as your registration of that domain name. For purposes of this agreement, the term "Registrar" shall be construed to mean Netzez Solution Provider.
To complete the registration process, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying policies and procedures listed under
"Domain Registration Policy" and any rules or policies that are or may be published by Registrar from time to time. This Agreement will become effective when accepted by Registrar. Registrar may elect to accept or reject your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.
Fees As
consideration for the domain name registration services provided
by Registrar to you, you agree to pay Registrar, prior to the
effectiveness of the desired domain name registration, the
amounts set forth under "Domain Registration Policy"
for the initial registration of the domain name and, should you
choose to renew the registration, subsequent renewals of the
registration. All fees are non-refundable, in whole or in part,
even if your domain name registration is suspended, cancelled or
transferred prior to the end of your then current registration
term. Your requested domain name will not be registered unless
we receive actual payment of the registration fee, or reasonable
assurance of payment of the registration fee from some other
entity (such reasonable assurance as determined by Registrar in
its sole discretion).
You will be notified when renewal fees are due. Should these
fees go unpaid within the time specified in a second notice or
reminder regarding renewal, your registration will be cancelled.
Payment must be made by credit card or such other method as we
may indicate in the registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge you accordingly.
Dispute Policy
You agree to be bound by Registrar's Domain Dispute Resolution Policy ("Dispute Policy"), which is hereby incorporated and made a part of this Agreement by reference. This Dispute Policy can be found in its entirety
by clicking here. Certain disputes, as specified in the Dispute Policy, are subject to that Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by a third party, in the event such dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold Registrar harmless pursuant to the terms and conditions contained in the Dispute Policy.
Changes to Registration Agreement and Dispute Policy
You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that Registrar may modify this Agreement and the Dispute Policy if necessary to comply with its ICANN agreement, and any other Agreements that Registrar is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of the domain name registered to you shall constitute your acceptance of this Agreement and the Dispute Policy with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy.
Domain Name Registration Information and Its Use (1) Information You Are Required to Submit. As part of the registration process, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. The information you are obligated to provide in connection with the domain name you are registering is the
following:
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(A)
Your name and postal address (or if different, that of the domain name holder);
(B)
The domain name being registered;
(C) The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative contact for the domain name; and
(D) The name, postal address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name. |
You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed.
All other information which we may request from you at registration is voluntary. However, not providing this information may prevent you from obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.
(2) Additional Information Maintained About Your Registration. In addition to the information you provide, we maintain records relating to your domain name registration. These records may include:
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(A) The original creation date of the registration;
(B) The submission date and time of the registration application to us and by us to the proper registry;
(C) Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
(D) Records of account for your domain name registration, including dates and amounts of all payments and refunds;
(E) The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
(F)
The corresponding names of those name servers;
(G) The name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name;
(H) The name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name;
(I) The expiration date of the registration;
(J) Information regarding all other activity between you and us regarding your domain name registration and related services. |
(3) Obligations Relating to Provided Data. In the event that, in registering the domain name, you are providing information about a third party, you hereby represent that you have
(#1) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and
(#2) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
(4) Disclosure and Use of Registration Information. You agree and acknowledge that Registrar will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that Registrar may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws.
Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that Registrar may or must make available to the public or to private entities, and the manner in which such information is made available.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by Registrar.
We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
Registrar will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
Ownership of Data
You agree and acknowledge that Registrar owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works g | 
