Domain Name Registration Policy

Subject to your agreement during the ordering process to the applicable registration agreement established by third parties who provide domain name registration services to ValueWeb and the payment of applicable fees, the ValueWeb services that you purchase may include the acquisition and registration of a second-level domain name on your behalf. You hereby appoint ValueWeb and the relevant third party who provides domain name registration services to ValueWeb as your agents for the registration and ongoing administration of domain names on your behalf and you authorize ValueWeb and such third party providers to select and issue binding instructions to domain name registrars and registries used to acquire, register and administer domain names on your behalf. Valueweb provides this domain name service as a convenience to you only and you hereby waive any and all claims that you may have, or which may later arise, against ValueWeb or such third party provider for any and all damages, losses, claims or expenses arising out of or related to the registration and/or use of any such domain name. In addition, ValueWeb reserves the right, in ValueWeb's sole discretion, to refuse to register any domain name requested by you, and to discontinue the use of any domain name requested by you.

Domain Name Services

ValueWeb offers domain name registration services through third party registrars such as DomainPeople, Inc., an ICANN accredited registrar. Upon ValueWeb providing you domain name registration services and your payment of applicable fees, you hereby agree to the terms and conditions of DomainPeople's Registration Agreement, and the following terms and conditions applicable to all ValueWeb domain name registration services:

• You acknowledge and agree that ValueWeb cannot guarantee that you will obtain a desired domain name registration, even if an inquiry indicates that a domain name is available at the time of your application for same. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly to be used, infringes upon the legal rights of a third party and further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose.
• You acknowledge that registering or reserving a domain name does not guarantee immunity from objection, challenge, suspension, cancellation, transfer or revocation of that domain name by ValueWeb, the Internet Corporation for Assigned Names and Numbers (ICANN), government bodies, or any relevant third parties. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us.
• You acknowledge and agree to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") and comply with all other requirements set forth by ICANN, applicable registries, governing bodies, and agencies providing enforceable law, rules, and policies for domain name registrants. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable policy. If ValueWeb is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, ValueWeb may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) ValueWeb is directed to do so by the judicial or administrative body, or (ii) ValueWeb receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, ValueWeb may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.
• The person named as Registrant in the required "Whois" database of registered domain names managed by all registrars shall be the registered name holder. The person named as Administrative contact at the time the controlling Account Identifier and Password are secured, shall be deemed the designate of the Registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the "Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determined by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
• As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate at all times. You are obliged to provide us the following information:
  • your name, postal address, e-mail address, and voice and fax (if available) telephone numbers (or, if you are registering a domain name on behalf of someone else, the full contact information of the domain name holder/owner);
  • the domain name being registered;
  • the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
  • the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
  • the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.
• You agree and acknowledge that we may make domain name registration information you provide available to ICANN, to the registry administrators, law enforcement agencies and to other third parties as applicable. You further agree and acknowledge that we 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 the Whois service) or other purposes as required or permitted by ICANN and applicable laws. You hereby irrevocably waive any and all claims and causes of action you have arising from such disclosure or use of your domain name registration by ValueWeb.
• Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to us, or any failure to respond to inquiries by us addressed to the e-mail address of the registrant, the administrative, billing or technical contact appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration.
• You acknowledge that ValueWeb provides domain name services subject to its ICANN accreditation and are provided at ValueWeb's sole discretion. If ValueWeb for any reason ceases providing domain name services, your sole remedy shall be to transfer your domain name to another registrar.
• You acknowledge, understand, and agree that ValueWeb may change or cease using any or all of the domain name registrars that ValueWeb works with to provide domain name registration services to you. In this regard, you further agree that ValueWeb may transfer your domain name from one registrar to another as designated at ValueWeb's sole discretion and that you will cooperate with ValueWeb in executing such transactions and that you will be bound by the applicable registration agreement of the succeeding registrar. You hereby expressly consent to, and shall make no claim against ValueWeb or the succeeding registrar relating to, ValueWeb or the succeeding registrar replacing itself as the administrative contact for the domain name(s) being transferred but solely for the purpose of facilitating such transfer only. You will at all times remain the registrant of record (otherwise owner) of your domain name(s), subject to the terms of this Agreement.
• You hereby expressly consent to ValueWeb and/or the relevant third party provider sending you notices by email or other means for various matters, including, but not limited to, expiration of your domain name registration, promotional offers, and incorrect Whois data. However, you acknowledge, understand, and agree that ValueWeb provides expiration notices as a courtesy only and is not obligated to provide them. You are solely responsible, and ValueWeb is not responsible in any way, for ensuring that your domain name is renewed or restored before expiration or deletion.
• In consideration for providing further optional services for which ValueWeb does not charge an additional fee, including, but not limited to, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other services which ValueWeb may introduce from time to time but for which there is not a separate fee ("Free Services"), you agree that, if you use such Free Services, ValueWeb may display advertising in conjunction therewith through the use of links, pop-up or pop-under browser windows, banner advertisements, audio or video streams, appendices to emails, or other similar advertising means, and that ValueWeb may aggregate related usage data by means of cookies and other similar means. You agree that said advertising may be for or include but is not limited to ValueWeb's Web site, ValueWeb product and service offerings, third-party Web sites, third-party product and service offerings, and/or commercial search engines. You agree that ValueWeb may change the content and/or appearance of, or disable, said advertising at any time, in its sole discretion, and without prior notice. You agree that from time to time ValueWeb may provide you with free or low-cost domain name(s) services ("Promotional Name(s)"). If ValueWeb does so, the services for the Promotional Name(s) will be placed in the same account as your other domain name(s) and you will be listed as the registrant, though ValueWeb may point the Promotional Name to IP address(es) of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and agree to the terms of this Agreement with respect to such Promotional Name(s). If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and ValueWeb or a third party designated by us will be listed as the domain name registrant.
• Notwithstanding anything to the contrary, whether in this Agreement or any other agreement referenced herein, the following terms shall apply to you and you hereby agree to them:
  1. Upon expiration of your domain name(s), and even if it is before deletion of the domain name in the applicable registry's database, you acknowledge that ValueWeb may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that ValueWeb may either leave your Whois information intact or that ValueWeb may change the contact information in the Whois output for the expired domain name so that you are no longer the listed registrant of the expired domain name. Once your domain name expires, you agree that you relinquish any proprietary claim you may have over such domain name.
  2. You acknowledge that certain registry administrators may, but are not obligated to, provide procedures or redemption periods beyond the grace period provided by ValueWeb or its third party provider during which expired domain name registrations may be renewed at the registry level. You acknowledge that you assume all risks and all consequences if you wait until close to or after the end of a domain name registration term to attempt to renew the registration. You acknowledge that ValueWeb, for any reason and in its sole discretion, may choose not to participate in a post-expiration renewal of a domain name and that ValueWeb shall not be liable therefore. You acknowledge that post-expiration renewal or redemption processes, if any, involve additional fees which ValueWeb may determine. You acknowledge and agree that expired domain names may be made available to be registered or re-registered to any party at any time.
  3. Upon expiration of your domain name, ValueWeb or its third party provider may provide a grace period of twenty seven (27) days (the "Expiry Period"). You agree that during the Expiry Period ValueWeb or its third party provider may either i) remove the domain name from the zone of the top-level-domain (meaning that the domain name will no longer resolve); or ii) direct the domain to name-servers and IP address(es) of website(s) designated by us, including, without limitation, to IP address(es) which host a parking page or a commercial search engine that may display advertisements. If ValueWeb exercises its rights under this provision, you agree that you have abandoned the domain name and that you relinquish any and all rights that you may have had to the domain to ValueWeb.
  4. After the Expiry Period, you agree that ValueWeb may, if ValueWeb has not already done so under its rights during the Expiry Period, either (i) delete the domain name at any time thereafter; (ii) pay the registry's redemption fee or otherwise allow it to continue to be registered and that ValueWeb, or anyone designated by ValueWeb, may list itself or a third party as the registrant of the domain name in the Whois information and pointing the domain name to the name-server(s) and IP address(es) designated by ValueWeb; or (iii) put the domain name up for auction or otherwise sell the domain name, in which case you relinquish all rights and control over the domain name and related Services.
  5. Upon expiration of the aforementioned Expiry Period, and the redemption period provided by the relevant registry (if any), you acknowledge and agree that there will be no recourse for you to regain your domain name.

Proxy Services

For domain name registration services where a third party provider is named in your place (“Proxy Services”), you agree that if ValueWeb or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services. If ValueWeb provides the particular Proxy Services, then ValueWeb reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.

Revocation

ValueWeb reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this Agreement, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassments or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) ValueWeb’s receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to ValueWeb as determined at its sole reasonable discretion. You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.

Modifications to Your Account

In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

Domain Name Disputes

You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the standard domain name dispute policy of ValueWeb or the relevant third party domain name provider in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold ValueWeb harmless pursuant to the terms and conditions contained herein. For any dispute, you agree to submit to the jurisdiction of the courts of your domicile, the courts of the geographic location indicated by your WHOIS information for your domain name, and the courts of the DuPage County, Illinois.

Limitation of Liability

You agree that our entire liability, and your exclusive remedy, with respect to any domain name services(s) provided to you hereunder and any breach of these terms is solely limited to the amount you paid for such service(s). ValueWeb and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the domain name services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided herein; (6) loss or liability resulting from the development or interruption of your Web site or e-mail service. The registrant agrees that ValueWeb will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if ValueWeb has been advised of the possibility of such damages. In no event shall ValueWeb's maximum liability exceed five hundred ($500.00) dollars.

Indemnity

You agree to release, indemnify, and hold ValueWeb, its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under these terms, the domain name services provided thereunder or your use of the domain name services, including without limitation infringement by you, or someone else using the ValueWeb e-mail service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any ValueWeb operating rule or policy relating to the domain name service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions above. When ValueWeb is threatened with suit by a third party, ValueWeb may seek written assurances from you concerning your promise to indemnify ValueWeb; your failure to provide those assurances may be considered by ValueWeb to be a breach of your agreement and may result in deactivation of your domain name.

Breach

You agree that failure to abide by any provision of these terms and conditions or any ValueWeb operating rule or policy may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

Disclaimer of Warranties

You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other ValueWeb service(s) is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of the ValueWeb service(s) is solely at your own risk. You agree that such service(s) is provided on an "as is," "as available" basis. ValueWeb expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. ValueWeb makes no warranty that the ValueWeb service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free; nor does ValueWeb make any warranty as to the results that may be obtained from the use of the service(s) or as to the accuracy or reliability of any information obtained through the ValueWeb e-mail service or that defects in the ValueWeb service(s) software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the ValueWeb service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. ValueWeb makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through service. No advice or information, whether oral or written, obtained by you from ValueWeb or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.