Terms of Service - Acceptable Use Policy: This agreement represents the complete agreement and understanding between Domain Name Registry and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Upon notice published on-line via Domain Name Registry services, Domain Name Registry may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. USE OF YOUR ACCOUNT shall constitute your approval. 13.1. Domain Name Registry makes no warranties of any kind, whether expressed or implied, for the service it is providing. Domain Name Registry also disclaims any warranty of merchantability or fitness for a particular purpose. Domain Name Registry will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties. 13.2. Services provided to the Customer by Domain Name Registry may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Domain Name Registry reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. 13.3. Customer agrees to defend, hold harmless and expeditiously indemnify Domain Name Registry from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service. 13.4. Domain Name Registry accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy. Customer may allow ftp access to its server and host web sites for its customers without violating this Policy. Network bandwidth charges in excess of allocated amount will be assessed from access log reports generated by the HTTPD server. 13.5. Domain Name Registry reserves the right to cancel service for any reason without prior notice. If a customer re-registers after Domain Name Registry 's cancellation of the account without Domain Name Registry 's written consent, Domain Name Registry will cancel Customer's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable. 16. All fees are not refundable. 7. At the time of account cancellation, a Cancellation Code will be provided. If accounts are billed in error after the Cancellation date, credits will only be issued with a valid Domain Name Registry Cancellation Code. If cancellation is done in writing, it will be the responsibility of the Customer to contact Domain Name Registry for the Cancellation Code. 8. Additionally, CUSTOMER agrees not to utilize the Domain Name Registry service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message(spam) to 50 or more recipients or eight or more newsgroups in a single day. CUSTOMERS responsible for violating this clause of the Domain Name Registry Acceptable Use Policy will be fined $200 per message. Payment by CUSTOMER under this provision shall not prevent Domain Name Registry from seeking other legal remedies against CUSTOMER. 9. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements. 10. Domain Name Registry requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Domain Name Registry cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age. 11. Customer shall ensure that its use of Domain Name Registry 's network services shall not disrupt Domain Name Registry , its associated networks or equipment forming part of the systems. In instances in which an excessive amount of system resources are utilized by a subscriber, Domain Name Registry reserves the right to place CPU process limits on the Customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Domain Name Registry user or to any directly or indirectly attached network. Use of Domain Name Registry 's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Domain Name Registry shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Domain Name Registry 's service, Domain Name Registry 's equipment or any site hosted on any Domain Name Registry network. 12. Customer warrants that any material submitted for publication on Domain Name Registry does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Domain Name Registry reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. 13. If Domain Name Registry becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, Domain Name Registry , at its discretion, may, at any time deny access to the challenged material of Customer. 14. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies. 15. Limited Warranty/Security. Domain Name Registry warrants only that it shall, subject to the terms and conditions of this Agreement, provide Customer the Service. CUSTOMER AGREES THAT THE SERVICE IS BEING PROVIDED “AS AVAILABLE” AND “AS IS,” WITH ALL FAULTS ACCEPTED. Domain Name Registry MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THIS AGREEMENT AND THE SERVICES DERIVED THEREUNDER AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. Domain Name Registry FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE INTERNET AND INFORMATION DERIVED THEREFROM. Domain Name Registry DOES NOT WARRANT THAT THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL CONTENT AND ACTIVITY. IT IS THE CUSTOMER’S SOLE RESPONSIBILITY TO PERFORM ANTI-VIRUS SCANS, SECURE THE CONTENT OF HOSTED SITES AGAINST HACKERS AND OTHER SECURITY INTRUSIONS (INCLUDING PROTECTION OF CREDIT CARD OR PERSONAL INFORMATION BELONGING TO CUSTOMER’S CUSTOMERS), AND OTHERWISE MONITOR WHAT MAY BE HARMFUL OR OFFENSIVE CONTENT ON YOUR SITES OR RUNNING THROUGH YOUR CONNECTION TO THE INTERNET. YOU MUST DETERMINE THE SUITABILITY OF THE Domain Name Registry SERVICES FOR THE AFOREMENTIONED TASKS, GIVEN YOUR PARTICULAR USE OF THE INTERNET. IF THE SERVICES, AS PROVISIONED, DO NOT ENABLE YOU TO FULFILL THESE RESPONSIBILITIES, IT IS YOUR RESPONSIBILITY TO SECURE PRODUCTS OR SERVICES, AT YOUR EXPENSE, THAT PERMIT YOU TO MEET THESE SECURITY OBLIGATIONS. 16.Limitation of Liability. YOU AGREE THAT DOMAIN NAME REGISTRY WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO DOMAIN NAME REGISTRY'S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND DOMAIN NAME REGISTRY; (e) EVENTS BEYOND DOMAIN NAME REGISTRY's CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, DOMAIN NAME REGISTRY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF DOMAIN NAME REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DOMAIN NAME REGISTRY'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO DOMAIN NAME REGISTRY FOR REGISTRATION OF YOUR DOMAIN NAME. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.BR> 17. Although all hosting plans permit a certain amount of data transfer, each plan is subject to a surcharge in the event usage exceeds the allotted free bandwidth for that plan. Customer is responsible for charges related to bandwidth exceeding the plan's allotted data transfer. 18. Illegality/Adult Content Policy. Absolutely no "adult" material whatsoever is allowed on the server. What is considered "adult material" will be completely at the discretion of Domain Name Registry . Domain Name Registry neither sanctions nor permits hosted site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity. Domain Name Registry reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Services rendered to Customer by Domain Name Registry are an appropriate recompense to Domain Name Registry for the time required to respond to and address issues created by Customer’s illegal or obscene site/content, and Customer agrees not to seek recovery of those fees. Further, should Customer violate this policy, Domain Name Registry will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer’s site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content. 18a. Compliance and Indemnification. Customer agrees to use the Service in compliance with all applicable laws, and to host files or content, if at all, only with the consent of the copyright, trademark, domain name, or patent owner. Customer shall be charged for all costs incurred by Domain Name Registry , including reasonable attorney fees, for any claim, loss, or damage arising out of Customer’s use or misuse of the Internet or the Services. Customer specifically agrees to defend, indemnify, and hold harmless Domain Name Registry , its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Customer under this Agreement or its use of the Service. Domain Name Registry specifically agrees to defend, indemnify, and hold harmless Customer, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Domain Name Registry under this Agreement or its use of the Service. 19. Governing Law and Venue. This Agreement shall be construed under the laws of the State of California. California courts shall have jurisdiction and venue over this Agreement and the parties, and the exclusive venue for all litigation hereunder shall be commenced and maintained in California. 20. Customer Files - Domain Name Registry is not responsible for back ups of Customer’s personal files or other information. Domain Name Registry reserves the right to delete Customer information and files upon termination of the Service. Any IP addresses assigned to Customer are considered loaned by Domain Name Registry and will revert back to Domain Name Registry after cessation of the Service. E-mail inboxes have size limits set by Domain Name Registry . Once that size limit is reached or exceeded, Customer will receive notification, and no more e-mail will be delivered to that inbox until the size of the inbox is reduced by Customer to below the limit for that account. 21. Payment - CUSTOMER HEREBY AUTHORIZES CHARGES TO BE MADE IN ADVANCE TO THE IDENTIFIED CREDIT CARD EACH MONTH FOR THE DURATION OF THIS AGREEMENT IN THE AMOUNT OF THE SELECTED SERVICE SET FORTH BELOW OR AS CHANGED BY Domain Name Registry AFTER NOTICE TO CUSTOMER. Payment may be made by check or purchase order only by key accounts and only upon prior authorization by Domain Name Registry . Customer additionally authorizes periodic verification of credit worthiness. Domain Name Registry , in its sole discretion and judgment, may discontinue credit at any time without notice. 22. Any party seeking to report any other potential violations of this Agreement may contact Domain Name Registry via e-mail at abuse@DomainNameRegistry.com. 23. On occasion, Domain Name Registry may have a need to communicate with its customers through e-mail issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check e-mail sent to the primary login e-mail address on the account. 24. It is the responsibility of the customer to contact Domain Name Registry of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.