SAMANA Service Agreement / Terms of Use
1. ACCEPTANCE OF TERMS
The services that SAMANA Digital Marketing (SAMANA) provides to User are subject to the following Terms of Use ("TOU"). SAMANA reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
A. This Agreement, which incorporates by reference other provisions applicable to use of SAMANA SYSTEM (accessible at http://www.SAMANA.WS and defined by the dynamic content therein), including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in SAMANA SYSTEM, sets forth the terms and conditions that apply to use of SAMANA SYSTEM websites created by User. By using SAMANA SYSTEM (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use SAMANA SYSTEM is personal to User and is not transferable to any other person or entity, except as provided for within SAMANA SYSTEM. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
B. SAMANA shall have the right at any time to change or discontinue any aspect or feature of SAMANA SYSTEM including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
SAMANA shall have the right at any time to change or modify the terms and conditions applicable to User's use of SAMANA SYSTEM, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on SAMANA SYSTEM, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of SAMANA SYSTEM by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, SAMANA SYSTEM provides User with access to a variety of resources, including, but not limited to, download areas, website builder, content management, ecommerce functionality, social networking, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of SAMANA SYSTEM and all charges related thereto.
5. USER CONDUCT
A. User shall use SAMANA SYSTEM for lawful purposes only. User shall not post or transmit through SAMANA SYSTEM any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SAMANA's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User that in SAMANA's discretion restricts or inhibits any other User from using or enjoying SAMANA SYSTEM will not be permitted. User shall not use SAMANA SYSTEM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with SAMANA.
B. SAMANA SYSTEM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of SAMANA SYSTEM copyrighted. SAMANA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SAMANA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on SAMANA SYSTEM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of SAMANA SYSTEM, User automatically grants, or warrants that the owner of such material has expressly granted SAMANA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store, or reproduce the material for that User's personal use. User hereby grants SAMANA the right to edit, copy, publish and distribute any material made available on SAMANA SYSTEM by User.
D. The foregoing provisions of Section 5 are for the benefit of SAMANA, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
SAMANA has no obligation to monitor the Communication Services. However, SAMANA reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. SAMANA reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. SAMANA reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SAMANA's sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. SAMANA does not control or endorse the content, messages or information found in any Communication Services and, therefore, SAMANA specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized SAMANA spokespersons, and their views do not necessarily reflect those of SAMANA
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing SAMANA with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify SAMANA immediately of any unauthorized use of User’s account or any other breach of security. SAMANA will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by SAMANA or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services ("Software") is the copyrighted work of SAMANA and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SAMANA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, SAMANA MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE. SAMANA DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
SAMANA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SAMANA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SAMANA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SAMANA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL SAMANA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO SAMANA OR POSTED AT ANY OF ITS WEBSITES
SAMANA does not claim ownership of the materials User provide to SAMANA (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting SAMANA, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all SAMANA Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. SAMANA is under no obligation to post or use any Submission User may provide and SAMANA may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
12. Disclaimer of Warranty; Limitation of Liability
A. USER EXPRESSLY AGREES THAT USE OF SAMANA SYSTEM IS AT USER'S SOLE RISK. NEITHER SAMANA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SAMANA SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SAMANA SYSTEM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SAMANA SYSTEM.
B. SAMANA SYSTEM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT SAMANA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL SAMANA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SAMANA SYSTEM OR THE SAMANA SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SAMANA SYSTEM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SAMANA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SAMANA SYSTEM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. SAMANA, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, SAMANA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE SAMANA'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SAMANA AND SAMANA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SAMANA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SAMANA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SAMANA OF THE SITE.
SAMANA is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, SAMANA has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of SAMANA SYSTEM, are those of the respective author(s) or distributor(s) and not of SAMANA. Neither SAMANA nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through SAMANA SYSTEM represents the opinions and judgments of the respective information provider, User, or other user not under contract with SAMANA. SAMANA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on SAMANA SYSTEM by anyone other than authorized SAMANA employee spokespersons while acting in their official capacities. Under no circumstances will SAMANA be liable for any loss or damage caused by a User's reliance on information obtained through SAMANA SYSTEM. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through SAMANA. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
SAMANA OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SAMANA'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SAMANA. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SAMANA OR ANYONE AT SAMANA. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SAMANA MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
15. MONITORING
SAMANA shall have the right, but not the obligation, to monitor the content of SAMANA SYSTEM, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by SAMANA and to satisfy any law, regulation or authorized government request. SAMANA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on SAMANA SYSTEM. Without limiting the foregoing, SAMANA shall have the right to remove any material that SAMANA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
16. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless SAMANA, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of SAMANA by User or User's Account.
17. TERMINATION
Either SAMANA or User may terminate this Agreement at any time. Without limiting the foregoing, SAMANA shall have the right to immediately terminate User's Account in the event of any conduct by User which SAMANA, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The User has time to examine SAMANA prior to publishing and making payment; if the User decides to cancel the service for any reason, no refund of remaining funds will be issued. In addition, should any acts of God, hacker intrusions, or any other unforeseen force interrupt service for any length of time, no refunds shall be made.
18. MISCELLANEOUS
This Agreement and any operating rules for SAMANA SYSTEM established by SAMANA constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of SUDANA, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
19. COPYRIGHT NOTICE
SAMANA logos are trademarks of SAMANA. All rights reserved. All other trademarks appearing on SAMANA are the property of their respective owners.
20. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE SAMANA'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SAMANA AND SAMANA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SAMANA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SAMANA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SAMANA OF THE SITE.
SAMANA is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, SAMANA has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of SAMANA SYSTEM, are those of the respective author(s) or distributor(s) and not of SAMANA. Neither SAMANA nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through SAMANA SYSTEM represents the opinions and judgments of the respective information provider, User, or other user not under contract with SAMANA. SAMANA neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on SAMANA SYSTEM by anyone other than authorized SAMANA employee spokespersons while acting in their official capacities. Under no circumstances will SAMANA be liable for any loss or damage caused by a User's reliance on information obtained through SAMANA SYSTEM. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through SAMANA. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
SAMANA OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SAMANA'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SAMANA. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SAMANA OR ANYONE AT SAMANA. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SAMANA MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
15. MONITORING
SAMANA shall have the right, but not the obligation, to monitor the content of SAMANA SYSTEM, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by SAMANA and to satisfy any law, regulation or authorized government request. SAMANA shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on SAMANA SYSTEM. Without limiting the foregoing, SAMANA shall have the right to remove any material that SAMANA, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
16. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless SAMANA, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of SAMANA by User or User's Account.
17. TERMINATION
Either SAMANA or User may terminate this Agreement at any time. Without limiting the foregoing, SAMANA shall have the right to immediately terminate User's Account in the event of any conduct by User which SAMANA, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The User has time to examine SAMANA prior to publishing and making payment; if the User decides to cancel the service for any reason, no refund of remaining funds will be issued. In addition, should any acts of God, hacker intrusions, or any other unforeseen force interrupt service for any length of time, no refunds shall be made.
18. MISCELLANEOUS
This Agreement and any operating rules for SAMANA SYSTEM established by SAMANA constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of SUDANA, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
19. COPYRIGHT NOTICE
SAMANA logos are trademarks of SAMANA. All rights reserved. All other trademarks appearing on SAMANA are the property of their respective owners.
20. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
When Buying a domain(s) you agree with the
DOMAIN NAME REGISTRATION SERVICE AGREEMENT
This DOMAIN NAME REGISTRATION SERVICE AGREEMENT (“Agreement”) is made by and between SAMANA , a Sudanese business name , (“Company”) and you and your heirs, agents, successors and assigns (collectively, “Customer”), and is made effective as of the date of acceptance. This agreement sets forth the terms and conditions of your use of Company’s domain name registration services (“Services”).
SAMANA, (“Company”) provides the Services under this Agreement in conjunction with 101domain, , an ICANN-Accredited Registrar (“101domain”). Your acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by these terms and conditions along with all other applicable 101domain agreements which are incorporated herein by reference.
The terms “we”, “us”, or “our” shall refer to Company. The terms “you”, “your”, “user”, or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Company reserves the right, in its sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and without notice. Any such changes or modification shall be effective immediately upon posting to this website (“Site”). If you do not agree to be bound by this Agreement as last revised as indicated by the “Last Revised” date located at the bottom of this Agreement, do not use or continue to use the Services or the Site. Company may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep your account information current and up to date. Company is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.
1. Generic Top Level Domain Name Registration
101domain is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for generic top level domain names ("gTLDs") such as .com, .net, .org, .info, biz, .jobs, and more and various sponsored top-level domain names (“sTLDs”). Company provides the Services under this Agreement in conjunction with 101domain. 101domain may, at its sole discretion, accept registration applications in non-ASCII character languages such as Chinese, Korean, and more (“Internationalized Domain Names” or “IDNs”). ICANN oversees registrations and other aspects of gTLDs policies and operations of accredited registrars like 101domain. You acknowledge and agree that your rights to any domain names registered or renewed through 101domain are subject to the policies and regulations of ICANN, the related registry and various laws. You agree to abide by the terms in this Agreement to register and renew domain names as well as all terms and conditions of ICANN governing the registration or renewal of such domain names including, but not limited to, dispute resolution policies such as the Uniform Domain Name Dispute Resolution Policy (“UDRP”) or the Uniform Rapid Suspension Policy (“URS”) as well as all current and future policies related to those domain names including any WHOIS data policies.
Domain name registrations are not effective until the registry administrator (“Registry”) puts them into effect. For a list of Registries and for more information on TLDs, see http://www.icann.org/tlds/. Domain name registrations are created and renewed for specified terms, terms which end on the specified expiration date if not renewed. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry. You agree that we are not liable or responsible in any way for any errors, omissions, or any other actions by the Registry arising out of, or related to a request to register, renew, modify, transfer, or renew a domain name. The registration or renewal is only effective once the Registry creates the registration or accepts the renewal.
2. Country Code Top Level Domain Name Registration
In additional to gTLDs, sTLDS, and IDNs, Company also registers country code top-level domain names (“ccTLDs”). There are additional agreements that you must agree to should you desire to apply for registration of a domain name in any ccTLD. Each ccTLD Registry creates and enforces its own rules, regulations, policies and procedures governing various aspects of ccTLDs registered in their respective namespace or zone, including, but not limited to, dispute resolution policies which may be different than those promulgated by ICANN and WHOIS data policies which also may vary from ICANN’s WHOIS policies.
Links to information on each ccTLD Registry policy can be found here: http://www.iana.org/root-whois/.
When you register a ccTLD with Company or one of its subsidiaries or affiliates, you acknowledge and agree to, and are bound by, the respective ccTLD Registry’s rules, regulations, policies and procedures.
Company may publish portions of each ccTLD Registry’s policies on the Site, or portions thereof, including information on requirements, renewal policies, redemption policies, and other information from time to time. Company is not liable in any way whatsoever for any errors, omissions, or mistakes published on the Site. ccTLD Registry policies change from time to time and it is your responsibility to verify the rules, regulations, policies and procedures of each ccTLD Registry.
3. Premium Domain Name Registration
You acknowledge that Company provides premium domain name registration services (“Premium Domains”) on the Site under separate agreements with 3rd parties unrelated to Company (“3rd Party Services”). Company acts as an intermediary for the purchase of Premium Domains and Company is not responsible for the performance, completeness, correctness, or failure of the 3rd Party Services. Additionally, you agree to abide by the terms and conditions required by the 3rd parties for the use of the 3rd Party Services.
4. Domain Name Recovery & Acquisition
Company may, from time to time, offer domain name recovery and acquisition services including, but not limited to, drop-catching, backordering, UDRP filing services, and anonymous acquisition negotiation (“Recovery Services”). You acknowledge that Recovery Services are non-refundable, at your own risk, and Company does not guarantee the success of any Recovery Services.
5. Pre-registration, Sunrise, and Landrush
In the event that Company makes pre-registration available for a gTLD, sTLD, IDN, or ccTLD whether in a sunrise, landrush, general pre-registration phases, or other pre-registration phrases, we do not guarantee the successful registration of a pre-registration application or your immediate access to the domain name if successfully secured. Company may use 3rd Party Services for pre-registrations. Pre-registration fees, setup fees, and application fees are strictly non-refundable regardless of success or outcome.
6. No Guarantee of Registration or Renewal
No domain registration under this Agreement shall be deemed effective until we deliver the domain name application or renewal application to the appropriate Registry and the Registry accepts your application and activates your domain name registration or renewal. Submitting your application to Company, and Company accepting Fees for your application, by itself does not constitute a successfully registered application or renewal.
You acknowledge that Company can never guarantee, and is in no way responsible, that the domain name you are applying for is not being applied for by another party or with another registrar, that there are no inaccuracies in the Registry’s WHOIS or other databases, that the search availability results are correct, or that there are errors, omissions, or inaccuracies that occur during the registration or renewal process which affect the result of your registration or renewal application.
You further acknowledge and agree that you are solely responsible for ensuring that your registration or renewal has been properly processed. Company may elect to accept or reject your application for registration or renewal at any time for any reason at its sole and absolute discretion, including, but not limited to, pricing errors, attempts to apply for domain names that are prohibited, improper, unavailable, infringe on 3rd party intellectual property or other rights, are questionable or violate any other agreements or terms and conditions with Company contained in this Agreement or other agreements. You also acknowledge and agree that Company is not liable or responsible in any way for errors, omissions, acts, inaccuracies related to the Site, or actions by any 3rd parties including any gTLD, sTLD, IDN, or ccTLD Registry arising out of your application or potential application for, and registration or renewal of, a particular domain name.
7. Your Obligations
You acknowledge that Company does not check, unless it is explicitly required to do so by a Registry, to see whether the domain names you select, or your use of the domain name, or other services provided by Company or unrelated 3rd parties in relation to the domain name, infringes on the intellectual property or other legal rights of others, violates the rules, regulations, policies, or procedures of the respective Registry, or violates local, state, national or international laws. It is your sole responsibility to ensure that your application for registration or renewal, and subsequent use, of the domain name does not violate any of these terms.
You represent to Company that:
You are at least 18 years of age and are legally capable of entering into this Agreement with Company;
You will not violate this Agreement and will comply with all local, state, national and international laws;
You will not use the Site or the Services for any unlawful purpose.
You will not represent yourself as another person or entity, or submit information on behalf of another person or entity without their express prior written consent;
You will not provide false, inaccurate, or incomplete information in your application for the Services;
You will maintain complete and accurate information with Company at all times in relation to the Services;
You will not violate 3rd party trade or service marks, copyrights, patents or other intellectual property rights;
Your use of the Services does not result in excess use of Company resources or overloading of Company DNS, server or network resources;
You will not use the Services as a source or destination of packet flooding, mail bombs, packet corruption, denial of service, or other illegal or abusive cyber activities;
You will not conduct server hacking or promote hacking, cracking, or other cyber crimes or activities;
You will not deploy software or scripts to run on Company servers that cause overload of resources or threaten the stability of the network;
You will not disseminate or transmit SPAM email in violation of Company’s SPAM policy;
You will not disseminate illegal, hateful, harmful, violent, racially or ethnically intolerant, abusive, obscene, pornographic, defamatory, harassing, malicious, protected material, or content that otherwise violates the intellectual property rights of others;
Company may terminate or suspend the Services at any time, at its sole discretion and without limitation, if it finds that you have violated any terms of this Agreement or other agreements with Company. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option.
8. Domain Name Registrant
When applying for and registering a domain name with Company, you will be asked to designate a registrant for the domain name (“Registrant”). The Registrant is granted all rights under this Agreement to act in respect to the domain name and any other services obtained from Company in connection with the domain name, including, but not limited to, the authority to terminate, delete, transfer, renew, or otherwise modify the Services, or obtain additional services in relation to the domain name.
The Registrant is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information under this Agreement. A Registrant that licenses the use of a domain name shall accept liability for harm caused by wrongful use of the domain name, unless the Registrant discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing Registrant reasonable evidence of actionable harm.
If you, acting as the Account holder, are providing Registrant information on Registrant’s behalf, you represent that you have obtained consent from the Registrant and notice has been given to them sufficient to enter the terms of this Agreement on their behalf. Failure to do so it a material breach of this Agreement.
9. Administrative Contact
When applying for and registering a domain name with Company, you will be asked to designate an administrative contact for the domain name (“Administrative Contact”) to confer certain rights to under this Agreement, including, but not limited to, purchasing additional services, transferring the domain name to another registrar where allowable by the applicable Registry, and updating the domain name settings. The Administrative Contact may be the same as the Registrant. The Registrant is responsible for all actions, errors or omissions of the Administrative Contact.
10. Trustee Services
Company may, from time to time, offer administrative, registrant, agent, or local presence services to you (“Trustee Services”) in connection with the Services under this Agreement. Trustee Services may grant certain rights, access, duties and responsibilities to the grantee (“Trustee”) with respect to the domain name. Trustee Services may designate another party as Registrant or Administrative Contact for your domain name, however, you retain all rights to the domain name granted to you under this Agreement until the termination of this Agreement, expiration, cancellation, or deletion of the domain name or transfer to another registrar, including the right to terminate the Trustee Agreement at any time.
In rare cases, for certain ccTLDs, the use of, and subscription to, our Trustee Services may be required in order for us to manage your domain name regardless of whether you are able to satisfy the Registry requirements (for example, including, but not limited to: .CW, .COM.AR, .EE, .RS, .AL, .BG, .GE, .COM.BN, .IQ, .SK, .CL, .SY). In these cases, the Site will clearly state this requirement.
By ordering Trustee Services, you agree to be bound by the terms of the Trustee Services Agreement, which are incorporated herein and made part of this Agreement by reference.
You may, at your complete and sole discretion, revoke such designation and Trustee Services without notice by submitting a request in writing to Company through the support ticket system or other written method. In no case will you be entitled to a refund in full or pro-rata for any part of the term of the Trustee Service not fulfilled.
11. Private Registration
Company may, from time to time, make available private registration services (“Private Registration Services”). Private Registration provides you with the option of registering a domain name in TLDs that allow such registration, in the name of a 3rd party whose contact information will be displayed in the public WHOIS database instead of your contact information. By ordering Private Registration Services, you agree to be bound by the terms of the Private Domain Registration Agreement, which is incorporated herein and made part of this Agreement by reference.
You may, at your complete and sole discretion, revoke such Private Registration Service without notice by submitting a request in writing to Company through the support ticket system or other written method. In no case, will you be entitled to a refund in full or pro-rata, for any part of the term of the Private Registration Services not fulfilled.
12. IDNs, Accuracy and Functionality of non-Latin Characters
You acknowledge and agree that Company cannot guarantee the accuracy and functionality of non-ASCII character languages such as Chinese, Korean, and more (“Internationalized Domain Names” or “IDNs”). Company cannot guarantee that IDNs will be accessible by internet users or that they will be translated properly by the internationalized domain name system into readable punycode. Further, Company makes available on the Site translation tools provided by 3rd parties such as Google and that these tools are treated as 3rd Party Services under your agreements with Company. Company will in no way be liable for the use of 3rd Party Services used for translation. Company will also not be liable for suspension, modification, or cancellation of your IDNs in order to comply with current or future ICANN or the Internet Engineering Task Force (“IETF”) rules, regulations, or technical standards that apply to IDN registrations or renewals.
13. Website forwarding
Company offers website forwarding services (“Website Forwarding”) which allow you to forward visitor traffic intended for your domain name to another destination on the internet. You acknowledge that you may not use Website Forwarding for unlawful purposes or for any purpose which violates the terms of this Agreement or any other agreement with Company.
14. Parking Pages
By default, Company activates domain names to point to our default parking page (“Site Announcement Page”). We may modify the Site Announcement Page at any time, without prior notice and may include on the page advertisements, links to additional Company services, or 3rd Party Services, or other pages. If you do not want your domain name pointed to our Site Announcement Page, you may change the DNS settings of your domain name at any time.
15. Hosting and Email Services
Company offers hosting and email services for domain names registered under this Agreement which give you the ability to publish a website on your domain name and/or use its email systems for sending and receiving email messages. By ordering Hosting or Email Services, you agree to be bound by the terms of the Unified Hosting Agreement and/or the Unified Email Services Agreement, which are incorporated herein and made part of this Agreement by reference.
16. SSL Certificates
Company offers SSL Certificates which are secure socket layer certificates for use with your domain name. These SSL Certificates are issued by 3rd Parties and are considered 3rd Party Services under your agreements with Company. Company is not a Certificate Authority with respect to SSL Certificates. By ordering SSL Certificates through Company, you agree to be bound by the terms of the SSL Certificate Service Agreement, which are incorporated herein and made part of this Agreement by reference.
17. Transfers
You are able to transfer domain names to or from Company according to the terms and transfer policies of the respective Registry for the TLD of the domain name you wish to transfer. Each Registry has its own unique transfer policy which Company adheres to. For all TLDs under ICANN sponsorship, you may find more information on the transfer policy that Company is required to follow for all TLDs under ICANN sponsorship here:
http://www.icann.org/en/resources/registrars/transfers
In order to determine who the sponsoring registrar currently is for your domain name, please visit: http://www.internic.net/whois.html
In order to protect your domain names, we place a transfer lock on domain names in many TLDs automatically when they are registered or renewed with us. In order to transfer to another registrar, you must remove this transfer lock. You are able to do this from your account on the Site.
If you purchased Trustee Services or Private Registration Services from Company when registering or renewing the domain name you would like to transfer out, we must cancel these services, and you are required to replace any of our information, documentation, or our Trustee’s information and/or documentation in relation to these services with your own information, before the transfer out will be approved by us.
You acknowledge that when canceling these services, this action may qualify as an ownership change or other update to the domain name which may incur additional fees or require you to renew the domain name with us prior to transferring the domain name to another registrar. There will be no refund for partially fulfilled terms for Trustee Services or Private Registration Services.
In no event, shall Company be liable for the failure of a transfer or loss of your domain name if the transfer is initiated close to the end of the registration term, the transfer is not approved by the Registrant or Administrative Contact of the domain name, the Fees for the Service remain unpaid or are in dispute, or any other reason outlined in ICANN or the Registry’s transfer policies.
18. Fees
All Services under this Agreement are provided on a pre-paid or advanced basis.
The fees imposed by Company under this Agreement are subject to change at any time, without notice, at the sole discretion of Company. Such change shall be posted to the Site, with or without notice, and are effective as of the date of publication.
All fees under this Agreement are non-refundable, in whole or in part, unless the application for domain name registration or renewal is rejected due to the following reasons, regardless of whether the domain name is suspended, terminated, cancelled, or transferred:
(a) the domain name is unavailable because it is already registered to another party, prohibited by the Registry’s policies, or prohibited due to the violation of terms found in this Agreement or the Master Service Agreement;
(b) Requirements to register the domain name imposed by the Registry or Company are not able to be met by you; or
(c) the TLD in which the domain name belongs has been discontinued, restricted due to OFAC or other government regulations or is no longer offered by Company.
Company reserves the right to charge a processing fee or setup fee in the case that you submit a domain name registration or renewal application and disregard, ignore, overlook, mistake, or attempt to otherwise circumvent, the requirements imposed by the Registry or Company which cause your application to be incomplete or rejected.
Additionally, Company reserves the right to charge processing fees for modifications (“Modification Fees”) to your domain name, including, but not limited to, DNS changes, Contact information changes to WHOIS information, and web forwarding changes. Generally, Modification Fees are not charged in relation to gTLDs, sTLDs, and IDNs under ICANN sponsorship. Modification Fees are common in relation to many ccTLDs and Company will confirm the amount of the Modification Fees with you prior to making any modifications
19. Renewal and Expiration of Services
You acknowledge that, even though Company may provide an auto-renewal service for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire to ensure that your Renewal Fees are paid for the Services prior to the due date.
With respect to domain name registration services, we will send at least two expiration notices to the primary email address of the Account holder and the Registrant email address on record prior to expiration beginning 60 days in advance of expiration. In addition, if the domain name expires, we will send a final expiration notice within five (5) days after expiration.
If you ordered additional services, including, but not limited to, Trustee Services, Private Registration Services, or any other services from Company in conjunction with a domain name under this Agreement, those services shall be renewed at the same time as your domain name.
For certain ccTLDs, the due date of your Renewal Fees may be up to 60 days prior to the expiration date of the underlying domain name registration. Certain Registries require renewal up to 60 days in advance of the domain name expiration date. It is your responsibility to pay for your Renewal Fees in advance of the due date specified by Company regardless of the domain name expiration date. Failure to pay your Renewal Fees prior to the due date may result in additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name according to the ccTLD registry’s respective policy.
Additionally, you acknowledge that payment of certain ccTLDs exactly on the due date may also incur additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name.
Company is not liable for your failure to pay the Renewal Fees prior to the due date specified by Company.
Immediately after the expiration of a domain name and before the deletion of the domain name in the applicable Registry's database, you acknowledge that Company may direct the domain name to name servers and/or IP addresses designated by us, including, without limitation, to no IP address or to an IP address which hosts a parking page or a search engine page that may display advertisements or other content, and you acknowledge that we may either leave your information intact or that we may change your information for the expired domain name so that you are no longer the listed as the Registrant or Administrative Contact of the expired domain name.
Renewal and Redemption Process for TLDs under ICANN Sponsorship: For a period of 44 days after the expiration of the term of your domain name, you acknowledge that Company may provide a procedure by which your expired domain name may be renewed. You acknowledge and agree that Company may, but is not obligated to, offer this process, called the Renewal Period (“RP”).
You acknowledge that you assume all risks and all consequences if you wait until close to, or after, the expiration of the original term of the domain name, to attempt to renew the domain name. You acknowledge and agree that we may make expired domain names available to third parties and that expired domain names may be re-registered to any party at any time. After the RP, you acknowledge that all gTLD registries, with the exception of sponsored gTLD registries, must provide a 30 day Redemption Grace Period (“RGP”) immediately following the RP during which you may pay Company a redemption fee to redeem and renew your domain name. The RGP fee charged by Company is $150.00 USD equivalent plus any applicable registration or renewal fees. You agree that we are not obliged to contact you to alert you that the Services are being terminated if you choose not to pay this fee. After the end of the RGP, if you do not exercise your rights under this section, you agree that you have abandoned the domain name, and relinquish all rights to, and use of, the domain name.
You acknowledge that the renewal, redemption, and restoration processes available from ccTLD Registries are varied and are subject to each respective Registry’s policies and procedures. In any case, Company may or may not provide access to these processes, at its sole and absolute discretion. In any case, the fee charged by Company is $150.00 USD equivalent plus any applicable registration or renewal fees for all ccTLDs paid after the due date if any Redemption Period, Redemption Grace Period, reactivation or restoration process is available from the ccTLD Registry.
20. Auto-Renewal
You acknowledge that, even though Company may provide an auto-renewal service to you for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire to ensure that your Renewal Fees are paid for the Services prior to the due date, including any services provided for under the Master Service Agreement or any other agreement with Company. Company is in no way liable or responsible for failure of the auto-renewal service to pay your Renewal Fees to renew the Services by the due date.
21. Dispute Policies
As a condition to entering into this Agreement with Company, you must agree to the Registry’s policies and procedures for the applicable TLD for which you are submitting an application for domain name registration or renewal, and if applicable, the policies and procedures of ICANN. As such, you agree to be governed by the dispute resolution policies adopted and promulgated by each respective Registry which you enter into an agreement with under this Agreement.
By entering into this Agreement by submitting an application to us for any TLD under ICANN’s sponsorship, you agree to be bound by the terms of ICANN’s UDRP and URS Policies, which are incorporated herein and made part of this Agreement by reference.
22. Up to Date Information and its Use
You agree to provide current, complete, and accurate information about you, both with respect to your account information with Company (“Account”) and with respect to the WHOIS information for your domain names under this Agreement. You agree to maintain and update this information within seven (7) days of change as needed to keep it current, complete, and accurate. With respect to the administrative, technical, and billing contacts for your domain names, you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you acknowledge that, if you do not provide the newly required information, your Services under this Agreement may be suspended or terminated or may not be renewed. Failure to provide complete and accurate information may prevent you from obtaining the Services. You may provide information regarding the name servers assigned to your domain names and, if we are providing name server services to you, the DNS settings for the domain name. If you do not provide complete name server information, you agree that we may supply this information for you (and point your domain name to a website or IP address of our choosing) until such time as you elect to supply name server information.
You further agree that 101domain shall publish a public WHOIS database, as required by ICANN and various Registries as part of their adopted WHOIS policies, containing the information you provide above in relation to this Agreement. Our WHOIS database (http://www.101domain.com/whois_search.htm) may publish information beyond many Registry requirements. You understand and acknowledge that a number of Registries, such as CIRA and Nominet, limit your information to be publicly displayed in their WHOIS databases; 101domain’s public WHOIS database does not. You acknowledge and agree that we will make available the Account information that you provide or that we otherwise maintain to the following parties: ICANN, various Registries, and other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name under this Agreement. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information.
Additionally, you acknowledge that ICANN, or various Registries, may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make publicly available some, or all, of the information you provide, for purposes of inspection (such as through the WHOIS service), and other purposes as required or permitted by applicable laws.
You agree that your willful submission of inaccurate or unreliable information, failure to update your information within seven (7) days or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of your Account information and WHOIS contact information or violations of any terms of this Agreement shall constitute a material breach of this Agreement and will be sufficient basis for suspension, cancellation, or termination of the domain name registration Services, including suspension, cancellation or deletion of the domain name, under this Agreement.
You understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding your domain name or other related services, you may lose your rights to the domain name or your right to receive the Services if you do not respond appropriately to an email sent in conjunction therewith.
DOMAIN NAME REGISTRATION SERVICE AGREEMENT
This DOMAIN NAME REGISTRATION SERVICE AGREEMENT (“Agreement”) is made by and between SAMANA , a Sudanese business name , (“Company”) and you and your heirs, agents, successors and assigns (collectively, “Customer”), and is made effective as of the date of acceptance. This agreement sets forth the terms and conditions of your use of Company’s domain name registration services (“Services”).
SAMANA, (“Company”) provides the Services under this Agreement in conjunction with 101domain, , an ICANN-Accredited Registrar (“101domain”). Your acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by these terms and conditions along with all other applicable 101domain agreements which are incorporated herein by reference.
The terms “we”, “us”, or “our” shall refer to Company. The terms “you”, “your”, “user”, or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Company reserves the right, in its sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and without notice. Any such changes or modification shall be effective immediately upon posting to this website (“Site”). If you do not agree to be bound by this Agreement as last revised as indicated by the “Last Revised” date located at the bottom of this Agreement, do not use or continue to use the Services or the Site. Company may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep your account information current and up to date. Company is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.
1. Generic Top Level Domain Name Registration
101domain is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for generic top level domain names ("gTLDs") such as .com, .net, .org, .info, biz, .jobs, and more and various sponsored top-level domain names (“sTLDs”). Company provides the Services under this Agreement in conjunction with 101domain. 101domain may, at its sole discretion, accept registration applications in non-ASCII character languages such as Chinese, Korean, and more (“Internationalized Domain Names” or “IDNs”). ICANN oversees registrations and other aspects of gTLDs policies and operations of accredited registrars like 101domain. You acknowledge and agree that your rights to any domain names registered or renewed through 101domain are subject to the policies and regulations of ICANN, the related registry and various laws. You agree to abide by the terms in this Agreement to register and renew domain names as well as all terms and conditions of ICANN governing the registration or renewal of such domain names including, but not limited to, dispute resolution policies such as the Uniform Domain Name Dispute Resolution Policy (“UDRP”) or the Uniform Rapid Suspension Policy (“URS”) as well as all current and future policies related to those domain names including any WHOIS data policies.
Domain name registrations are not effective until the registry administrator (“Registry”) puts them into effect. For a list of Registries and for more information on TLDs, see http://www.icann.org/tlds/. Domain name registrations are created and renewed for specified terms, terms which end on the specified expiration date if not renewed. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry. You agree that we are not liable or responsible in any way for any errors, omissions, or any other actions by the Registry arising out of, or related to a request to register, renew, modify, transfer, or renew a domain name. The registration or renewal is only effective once the Registry creates the registration or accepts the renewal.
2. Country Code Top Level Domain Name Registration
In additional to gTLDs, sTLDS, and IDNs, Company also registers country code top-level domain names (“ccTLDs”). There are additional agreements that you must agree to should you desire to apply for registration of a domain name in any ccTLD. Each ccTLD Registry creates and enforces its own rules, regulations, policies and procedures governing various aspects of ccTLDs registered in their respective namespace or zone, including, but not limited to, dispute resolution policies which may be different than those promulgated by ICANN and WHOIS data policies which also may vary from ICANN’s WHOIS policies.
Links to information on each ccTLD Registry policy can be found here: http://www.iana.org/root-whois/.
When you register a ccTLD with Company or one of its subsidiaries or affiliates, you acknowledge and agree to, and are bound by, the respective ccTLD Registry’s rules, regulations, policies and procedures.
Company may publish portions of each ccTLD Registry’s policies on the Site, or portions thereof, including information on requirements, renewal policies, redemption policies, and other information from time to time. Company is not liable in any way whatsoever for any errors, omissions, or mistakes published on the Site. ccTLD Registry policies change from time to time and it is your responsibility to verify the rules, regulations, policies and procedures of each ccTLD Registry.
3. Premium Domain Name Registration
You acknowledge that Company provides premium domain name registration services (“Premium Domains”) on the Site under separate agreements with 3rd parties unrelated to Company (“3rd Party Services”). Company acts as an intermediary for the purchase of Premium Domains and Company is not responsible for the performance, completeness, correctness, or failure of the 3rd Party Services. Additionally, you agree to abide by the terms and conditions required by the 3rd parties for the use of the 3rd Party Services.
4. Domain Name Recovery & Acquisition
Company may, from time to time, offer domain name recovery and acquisition services including, but not limited to, drop-catching, backordering, UDRP filing services, and anonymous acquisition negotiation (“Recovery Services”). You acknowledge that Recovery Services are non-refundable, at your own risk, and Company does not guarantee the success of any Recovery Services.
5. Pre-registration, Sunrise, and Landrush
In the event that Company makes pre-registration available for a gTLD, sTLD, IDN, or ccTLD whether in a sunrise, landrush, general pre-registration phases, or other pre-registration phrases, we do not guarantee the successful registration of a pre-registration application or your immediate access to the domain name if successfully secured. Company may use 3rd Party Services for pre-registrations. Pre-registration fees, setup fees, and application fees are strictly non-refundable regardless of success or outcome.
6. No Guarantee of Registration or Renewal
No domain registration under this Agreement shall be deemed effective until we deliver the domain name application or renewal application to the appropriate Registry and the Registry accepts your application and activates your domain name registration or renewal. Submitting your application to Company, and Company accepting Fees for your application, by itself does not constitute a successfully registered application or renewal.
You acknowledge that Company can never guarantee, and is in no way responsible, that the domain name you are applying for is not being applied for by another party or with another registrar, that there are no inaccuracies in the Registry’s WHOIS or other databases, that the search availability results are correct, or that there are errors, omissions, or inaccuracies that occur during the registration or renewal process which affect the result of your registration or renewal application.
You further acknowledge and agree that you are solely responsible for ensuring that your registration or renewal has been properly processed. Company may elect to accept or reject your application for registration or renewal at any time for any reason at its sole and absolute discretion, including, but not limited to, pricing errors, attempts to apply for domain names that are prohibited, improper, unavailable, infringe on 3rd party intellectual property or other rights, are questionable or violate any other agreements or terms and conditions with Company contained in this Agreement or other agreements. You also acknowledge and agree that Company is not liable or responsible in any way for errors, omissions, acts, inaccuracies related to the Site, or actions by any 3rd parties including any gTLD, sTLD, IDN, or ccTLD Registry arising out of your application or potential application for, and registration or renewal of, a particular domain name.
7. Your Obligations
You acknowledge that Company does not check, unless it is explicitly required to do so by a Registry, to see whether the domain names you select, or your use of the domain name, or other services provided by Company or unrelated 3rd parties in relation to the domain name, infringes on the intellectual property or other legal rights of others, violates the rules, regulations, policies, or procedures of the respective Registry, or violates local, state, national or international laws. It is your sole responsibility to ensure that your application for registration or renewal, and subsequent use, of the domain name does not violate any of these terms.
You represent to Company that:
You are at least 18 years of age and are legally capable of entering into this Agreement with Company;
You will not violate this Agreement and will comply with all local, state, national and international laws;
You will not use the Site or the Services for any unlawful purpose.
You will not represent yourself as another person or entity, or submit information on behalf of another person or entity without their express prior written consent;
You will not provide false, inaccurate, or incomplete information in your application for the Services;
You will maintain complete and accurate information with Company at all times in relation to the Services;
You will not violate 3rd party trade or service marks, copyrights, patents or other intellectual property rights;
Your use of the Services does not result in excess use of Company resources or overloading of Company DNS, server or network resources;
You will not use the Services as a source or destination of packet flooding, mail bombs, packet corruption, denial of service, or other illegal or abusive cyber activities;
You will not conduct server hacking or promote hacking, cracking, or other cyber crimes or activities;
You will not deploy software or scripts to run on Company servers that cause overload of resources or threaten the stability of the network;
You will not disseminate or transmit SPAM email in violation of Company’s SPAM policy;
You will not disseminate illegal, hateful, harmful, violent, racially or ethnically intolerant, abusive, obscene, pornographic, defamatory, harassing, malicious, protected material, or content that otherwise violates the intellectual property rights of others;
Company may terminate or suspend the Services at any time, at its sole discretion and without limitation, if it finds that you have violated any terms of this Agreement or other agreements with Company. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option.
8. Domain Name Registrant
When applying for and registering a domain name with Company, you will be asked to designate a registrant for the domain name (“Registrant”). The Registrant is granted all rights under this Agreement to act in respect to the domain name and any other services obtained from Company in connection with the domain name, including, but not limited to, the authority to terminate, delete, transfer, renew, or otherwise modify the Services, or obtain additional services in relation to the domain name.
The Registrant is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information under this Agreement. A Registrant that licenses the use of a domain name shall accept liability for harm caused by wrongful use of the domain name, unless the Registrant discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing Registrant reasonable evidence of actionable harm.
If you, acting as the Account holder, are providing Registrant information on Registrant’s behalf, you represent that you have obtained consent from the Registrant and notice has been given to them sufficient to enter the terms of this Agreement on their behalf. Failure to do so it a material breach of this Agreement.
9. Administrative Contact
When applying for and registering a domain name with Company, you will be asked to designate an administrative contact for the domain name (“Administrative Contact”) to confer certain rights to under this Agreement, including, but not limited to, purchasing additional services, transferring the domain name to another registrar where allowable by the applicable Registry, and updating the domain name settings. The Administrative Contact may be the same as the Registrant. The Registrant is responsible for all actions, errors or omissions of the Administrative Contact.
10. Trustee Services
Company may, from time to time, offer administrative, registrant, agent, or local presence services to you (“Trustee Services”) in connection with the Services under this Agreement. Trustee Services may grant certain rights, access, duties and responsibilities to the grantee (“Trustee”) with respect to the domain name. Trustee Services may designate another party as Registrant or Administrative Contact for your domain name, however, you retain all rights to the domain name granted to you under this Agreement until the termination of this Agreement, expiration, cancellation, or deletion of the domain name or transfer to another registrar, including the right to terminate the Trustee Agreement at any time.
In rare cases, for certain ccTLDs, the use of, and subscription to, our Trustee Services may be required in order for us to manage your domain name regardless of whether you are able to satisfy the Registry requirements (for example, including, but not limited to: .CW, .COM.AR, .EE, .RS, .AL, .BG, .GE, .COM.BN, .IQ, .SK, .CL, .SY). In these cases, the Site will clearly state this requirement.
By ordering Trustee Services, you agree to be bound by the terms of the Trustee Services Agreement, which are incorporated herein and made part of this Agreement by reference.
You may, at your complete and sole discretion, revoke such designation and Trustee Services without notice by submitting a request in writing to Company through the support ticket system or other written method. In no case will you be entitled to a refund in full or pro-rata for any part of the term of the Trustee Service not fulfilled.
11. Private Registration
Company may, from time to time, make available private registration services (“Private Registration Services”). Private Registration provides you with the option of registering a domain name in TLDs that allow such registration, in the name of a 3rd party whose contact information will be displayed in the public WHOIS database instead of your contact information. By ordering Private Registration Services, you agree to be bound by the terms of the Private Domain Registration Agreement, which is incorporated herein and made part of this Agreement by reference.
You may, at your complete and sole discretion, revoke such Private Registration Service without notice by submitting a request in writing to Company through the support ticket system or other written method. In no case, will you be entitled to a refund in full or pro-rata, for any part of the term of the Private Registration Services not fulfilled.
12. IDNs, Accuracy and Functionality of non-Latin Characters
You acknowledge and agree that Company cannot guarantee the accuracy and functionality of non-ASCII character languages such as Chinese, Korean, and more (“Internationalized Domain Names” or “IDNs”). Company cannot guarantee that IDNs will be accessible by internet users or that they will be translated properly by the internationalized domain name system into readable punycode. Further, Company makes available on the Site translation tools provided by 3rd parties such as Google and that these tools are treated as 3rd Party Services under your agreements with Company. Company will in no way be liable for the use of 3rd Party Services used for translation. Company will also not be liable for suspension, modification, or cancellation of your IDNs in order to comply with current or future ICANN or the Internet Engineering Task Force (“IETF”) rules, regulations, or technical standards that apply to IDN registrations or renewals.
13. Website forwarding
Company offers website forwarding services (“Website Forwarding”) which allow you to forward visitor traffic intended for your domain name to another destination on the internet. You acknowledge that you may not use Website Forwarding for unlawful purposes or for any purpose which violates the terms of this Agreement or any other agreement with Company.
14. Parking Pages
By default, Company activates domain names to point to our default parking page (“Site Announcement Page”). We may modify the Site Announcement Page at any time, without prior notice and may include on the page advertisements, links to additional Company services, or 3rd Party Services, or other pages. If you do not want your domain name pointed to our Site Announcement Page, you may change the DNS settings of your domain name at any time.
15. Hosting and Email Services
Company offers hosting and email services for domain names registered under this Agreement which give you the ability to publish a website on your domain name and/or use its email systems for sending and receiving email messages. By ordering Hosting or Email Services, you agree to be bound by the terms of the Unified Hosting Agreement and/or the Unified Email Services Agreement, which are incorporated herein and made part of this Agreement by reference.
16. SSL Certificates
Company offers SSL Certificates which are secure socket layer certificates for use with your domain name. These SSL Certificates are issued by 3rd Parties and are considered 3rd Party Services under your agreements with Company. Company is not a Certificate Authority with respect to SSL Certificates. By ordering SSL Certificates through Company, you agree to be bound by the terms of the SSL Certificate Service Agreement, which are incorporated herein and made part of this Agreement by reference.
17. Transfers
You are able to transfer domain names to or from Company according to the terms and transfer policies of the respective Registry for the TLD of the domain name you wish to transfer. Each Registry has its own unique transfer policy which Company adheres to. For all TLDs under ICANN sponsorship, you may find more information on the transfer policy that Company is required to follow for all TLDs under ICANN sponsorship here:
http://www.icann.org/en/resources/registrars/transfers
In order to determine who the sponsoring registrar currently is for your domain name, please visit: http://www.internic.net/whois.html
In order to protect your domain names, we place a transfer lock on domain names in many TLDs automatically when they are registered or renewed with us. In order to transfer to another registrar, you must remove this transfer lock. You are able to do this from your account on the Site.
If you purchased Trustee Services or Private Registration Services from Company when registering or renewing the domain name you would like to transfer out, we must cancel these services, and you are required to replace any of our information, documentation, or our Trustee’s information and/or documentation in relation to these services with your own information, before the transfer out will be approved by us.
You acknowledge that when canceling these services, this action may qualify as an ownership change or other update to the domain name which may incur additional fees or require you to renew the domain name with us prior to transferring the domain name to another registrar. There will be no refund for partially fulfilled terms for Trustee Services or Private Registration Services.
In no event, shall Company be liable for the failure of a transfer or loss of your domain name if the transfer is initiated close to the end of the registration term, the transfer is not approved by the Registrant or Administrative Contact of the domain name, the Fees for the Service remain unpaid or are in dispute, or any other reason outlined in ICANN or the Registry’s transfer policies.
18. Fees
All Services under this Agreement are provided on a pre-paid or advanced basis.
The fees imposed by Company under this Agreement are subject to change at any time, without notice, at the sole discretion of Company. Such change shall be posted to the Site, with or without notice, and are effective as of the date of publication.
All fees under this Agreement are non-refundable, in whole or in part, unless the application for domain name registration or renewal is rejected due to the following reasons, regardless of whether the domain name is suspended, terminated, cancelled, or transferred:
(a) the domain name is unavailable because it is already registered to another party, prohibited by the Registry’s policies, or prohibited due to the violation of terms found in this Agreement or the Master Service Agreement;
(b) Requirements to register the domain name imposed by the Registry or Company are not able to be met by you; or
(c) the TLD in which the domain name belongs has been discontinued, restricted due to OFAC or other government regulations or is no longer offered by Company.
Company reserves the right to charge a processing fee or setup fee in the case that you submit a domain name registration or renewal application and disregard, ignore, overlook, mistake, or attempt to otherwise circumvent, the requirements imposed by the Registry or Company which cause your application to be incomplete or rejected.
Additionally, Company reserves the right to charge processing fees for modifications (“Modification Fees”) to your domain name, including, but not limited to, DNS changes, Contact information changes to WHOIS information, and web forwarding changes. Generally, Modification Fees are not charged in relation to gTLDs, sTLDs, and IDNs under ICANN sponsorship. Modification Fees are common in relation to many ccTLDs and Company will confirm the amount of the Modification Fees with you prior to making any modifications
19. Renewal and Expiration of Services
You acknowledge that, even though Company may provide an auto-renewal service for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire to ensure that your Renewal Fees are paid for the Services prior to the due date.
With respect to domain name registration services, we will send at least two expiration notices to the primary email address of the Account holder and the Registrant email address on record prior to expiration beginning 60 days in advance of expiration. In addition, if the domain name expires, we will send a final expiration notice within five (5) days after expiration.
If you ordered additional services, including, but not limited to, Trustee Services, Private Registration Services, or any other services from Company in conjunction with a domain name under this Agreement, those services shall be renewed at the same time as your domain name.
For certain ccTLDs, the due date of your Renewal Fees may be up to 60 days prior to the expiration date of the underlying domain name registration. Certain Registries require renewal up to 60 days in advance of the domain name expiration date. It is your responsibility to pay for your Renewal Fees in advance of the due date specified by Company regardless of the domain name expiration date. Failure to pay your Renewal Fees prior to the due date may result in additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name according to the ccTLD registry’s respective policy.
Additionally, you acknowledge that payment of certain ccTLDs exactly on the due date may also incur additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name.
Company is not liable for your failure to pay the Renewal Fees prior to the due date specified by Company.
Immediately after the expiration of a domain name and before the deletion of the domain name in the applicable Registry's database, you acknowledge that Company may direct the domain name to name servers and/or IP addresses designated by us, including, without limitation, to no IP address or to an IP address which hosts a parking page or a search engine page that may display advertisements or other content, and you acknowledge that we may either leave your information intact or that we may change your information for the expired domain name so that you are no longer the listed as the Registrant or Administrative Contact of the expired domain name.
Renewal and Redemption Process for TLDs under ICANN Sponsorship: For a period of 44 days after the expiration of the term of your domain name, you acknowledge that Company may provide a procedure by which your expired domain name may be renewed. You acknowledge and agree that Company may, but is not obligated to, offer this process, called the Renewal Period (“RP”).
You acknowledge that you assume all risks and all consequences if you wait until close to, or after, the expiration of the original term of the domain name, to attempt to renew the domain name. You acknowledge and agree that we may make expired domain names available to third parties and that expired domain names may be re-registered to any party at any time. After the RP, you acknowledge that all gTLD registries, with the exception of sponsored gTLD registries, must provide a 30 day Redemption Grace Period (“RGP”) immediately following the RP during which you may pay Company a redemption fee to redeem and renew your domain name. The RGP fee charged by Company is $150.00 USD equivalent plus any applicable registration or renewal fees. You agree that we are not obliged to contact you to alert you that the Services are being terminated if you choose not to pay this fee. After the end of the RGP, if you do not exercise your rights under this section, you agree that you have abandoned the domain name, and relinquish all rights to, and use of, the domain name.
You acknowledge that the renewal, redemption, and restoration processes available from ccTLD Registries are varied and are subject to each respective Registry’s policies and procedures. In any case, Company may or may not provide access to these processes, at its sole and absolute discretion. In any case, the fee charged by Company is $150.00 USD equivalent plus any applicable registration or renewal fees for all ccTLDs paid after the due date if any Redemption Period, Redemption Grace Period, reactivation or restoration process is available from the ccTLD Registry.
20. Auto-Renewal
You acknowledge that, even though Company may provide an auto-renewal service to you for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire to ensure that your Renewal Fees are paid for the Services prior to the due date, including any services provided for under the Master Service Agreement or any other agreement with Company. Company is in no way liable or responsible for failure of the auto-renewal service to pay your Renewal Fees to renew the Services by the due date.
21. Dispute Policies
As a condition to entering into this Agreement with Company, you must agree to the Registry’s policies and procedures for the applicable TLD for which you are submitting an application for domain name registration or renewal, and if applicable, the policies and procedures of ICANN. As such, you agree to be governed by the dispute resolution policies adopted and promulgated by each respective Registry which you enter into an agreement with under this Agreement.
By entering into this Agreement by submitting an application to us for any TLD under ICANN’s sponsorship, you agree to be bound by the terms of ICANN’s UDRP and URS Policies, which are incorporated herein and made part of this Agreement by reference.
22. Up to Date Information and its Use
You agree to provide current, complete, and accurate information about you, both with respect to your account information with Company (“Account”) and with respect to the WHOIS information for your domain names under this Agreement. You agree to maintain and update this information within seven (7) days of change as needed to keep it current, complete, and accurate. With respect to the administrative, technical, and billing contacts for your domain names, you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you acknowledge that, if you do not provide the newly required information, your Services under this Agreement may be suspended or terminated or may not be renewed. Failure to provide complete and accurate information may prevent you from obtaining the Services. You may provide information regarding the name servers assigned to your domain names and, if we are providing name server services to you, the DNS settings for the domain name. If you do not provide complete name server information, you agree that we may supply this information for you (and point your domain name to a website or IP address of our choosing) until such time as you elect to supply name server information.
You further agree that 101domain shall publish a public WHOIS database, as required by ICANN and various Registries as part of their adopted WHOIS policies, containing the information you provide above in relation to this Agreement. Our WHOIS database (http://www.101domain.com/whois_search.htm) may publish information beyond many Registry requirements. You understand and acknowledge that a number of Registries, such as CIRA and Nominet, limit your information to be publicly displayed in their WHOIS databases; 101domain’s public WHOIS database does not. You acknowledge and agree that we will make available the Account information that you provide or that we otherwise maintain to the following parties: ICANN, various Registries, and other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name under this Agreement. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information.
Additionally, you acknowledge that ICANN, or various Registries, may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make publicly available some, or all, of the information you provide, for purposes of inspection (such as through the WHOIS service), and other purposes as required or permitted by applicable laws.
You agree that your willful submission of inaccurate or unreliable information, failure to update your information within seven (7) days or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of your Account information and WHOIS contact information or violations of any terms of this Agreement shall constitute a material breach of this Agreement and will be sufficient basis for suspension, cancellation, or termination of the domain name registration Services, including suspension, cancellation or deletion of the domain name, under this Agreement.
You understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding your domain name or other related services, you may lose your rights to the domain name or your right to receive the Services if you do not respond appropriately to an email sent in conjunction therewith.