Registration Agreement .com/.net
1. AGREEMENT
In this Registration Agreement ("Agreement") "you" and "your" refer to the registrant of each domain name registration,
"we", "us" and "our" refer to In2net Network Inc. and "Services"
refers to the domain name registration provided by us. This Agreement explains our obligations to you,
and explains your obligations to us for the Services.
2. SELECTION OF A DOMAIN NAME
You represent that, to the best of the your knowledge and belief, neither this registration of
a domain name nor the manner in which it is directly or indirectly to be used infringes upon
the legal rights of a third party and, further, that the domain name is not being registered
for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
3. FEES
As consideration for the Services, you agree to pay the applicable service(s) fees. All fees payable
hereunder are non-refundable. As further consideration for the Services, you agree to:
(1) provide certain current, complete and accurate information about you as required by the registration process, and
(2) maintain and update this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information ("Account Information").
By submitting this Agreement, you represent that the Account Information and all other statements
put forth in your application are true, complete and accurate. Both In2net and the Registry reserve
the right to terminate your domain name registration if: (i) information provided by you or your agent
is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii)
you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable.
You acknowledge that a breach of this Section 3 will constitute a material breach of our Agreement which will entitle
either us or the Registry to terminate this agreement immediately upon such breach without any refund and without notice to you.
4. TERM
This Agreement will remain in full force during the length of the term of your Domain Name Registration as selected,
recorded, and paid for upon registration of the Domain Name. Should you choose to renew or otherwise lengthen
the term of your Domain Name Registration, the term of this Registration Agreement will be extended accordingly.
Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.
5. MODIFICATIONS TO AGREEMENT
You agree that either we or the Registry may: (1) revise the terms and conditions of this Agreement; and (2)
change the services provided under this Agreement. You agree to be bound by any such revision or change which shall
be effective immediately upon posting on our website or upon notification to you by e-mail or your country's
postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted
on our web site periodically to maintain an awareness of any and all such revisions. If you do not agree with
any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail
or postal service pursuant to the Notices section of this Agreement. Notice of your termination shall be
effective after processing by us. You agree that, by continuing the use of Services following notice of
any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes.
You further agree to be bound by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as presently
written and posted on
http://www.icann.org/udrp/udrp-policy-24oct99.htm
and as such shall be
amended from time to time. You acknowledge that if you do not agree to any such modifications,
you may request that your domain name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT
In order to change any of your account information with us, you must use your Account Identifier and
Password that you selected when you opened your account with us. You agree to safeguard your Account
Identifier and Password from any unauthorized use. In no event shall we be liable for the
unauthorized use or misuse of your Account Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY
If you reserved or registered a domain name through us, or transferred a domain name to us from
another registrar, you agree to be bound by the Dispute Policy that is incorporated herein
and made a part of this Agreement by reference. The current version of the Dispute Policy
may be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm. Please take the time to familiarize
yourself with this policy.
8. DOMAIN NAME DISPUTES
You agree that, if the registration or reservation of your domain name is challenged by a third party,
you will be subject to the provisions specified in the Dispute Policy. You agree that in the event a
domain name dispute arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to
submit to the jurisdiction of the courts of the Province of British Columbia, Canada.
9. POLICY
You agree that your registration of the domain name shall be subject to suspension, cancellation, or
transfer pursuant to a In2net, Registry, ICANN or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a In2net, Registry, ICANN or government-adopted policy,
(1) to correct mistakes by us or the Registry in registering the name or (2) for the resolution
of disputes concerning the domain name.
10. AGENCY
Should you intend to license use of a domain name to a third party you shall nonetheless
be the domain name holder of record and are therefore responsible for providing your
own full contact information and for providing and updating accurate technical and
administrative contact information adequate to facilitate timely resolution of any problems
that arise in connection with the domain name. You shall accept liability for harm caused by
wrongful use of the domain name. You represent that you have provided notice of the terms and
conditions in this Agreement to any third party licensee and that the third party agrees to
the terms hereof.
11. ANNOUNCEMENTS
We reserve the right to distribute information to you that is pertinent to the quality or operation of
our services and those of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes, upgrades, new products or
other information to add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s)
provided under this Agreement and any breach of this Agreement is solely limited to the amount you
paid for such Service(s). We and our contractors shall not be liable for any direct, indirect,
incidental, special or consequential damages resulting from the use or inability to use any of
the Services or for the cost of procurement of substitute services. Because some states do not
allow the exclusion or limitation of liability for consequential or incidental damages, in such
states, our liability is limited to the extent permitted by law. We disclaim any and all loss
or liability resulting from, but not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability resulting from data non-delivery or data
mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your account identifier or password; (5) loss or liability
resulting from errors, omissions, or misstatements in any and all information or services(s)
provided under this Agreement; (6) loss or liability resulting from the interruption of your Service.
You agree that we will not be liable for any loss of registration and use of your domain name, or for
interruption of business, or any indirect, special, incidental, or consequential damages of any kind
(including lost profits) regardless of the form of action whether in contract, tort (including negligence),
or otherwise, even if we have been advised of the possibility of such damages.
13. INDEMNITY
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and
affiliates and VeriSign, Inc., and its directors, officers, employees, agents and affiliates harmless
from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or
arising under this Agreement, the Services provided hereunder or your use of the Services, including
without limitation infringement by you, or someone else using the Service with your computer, of any
intellectual property or other proprietary right of any person or entity, or from the violation of
any of our operating rules or policy relating to the service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.
When we are threatened with suit by a third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those assurances may be considered by us to be
a breach of your Agreement and may result in deactivation of your domain name. This indemnification obligation
will survive the termination or expiration of this Agreement.
14. TRANSFER OF OWNERSHIP
The person named as registrant on the WHOIS shall be the registered name holder. The person named as administrative
contact at the time the controlling user name and password are secured shall be deemed the designate of the
registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your
domain name to another person (the "Transferee") you shall require the Transferee to agree, in writing to be bound by all
the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written
assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this
Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable
transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion)
to the terms and conditions in this Agreement, any such transfer will be null and void.
15. BREACH
You agree that failure to abide by any provision of this Agreement, any operating rule or policy
or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide
a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice,
you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations
under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach
by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any
other breach by you.
16. NO GUARANTY
You acknowledge that registration or reservation of your chosen domain name does not confer
immunity from objection to the registration, reservation or use of the domain name.
17. DISCLAIMER OF WARRANTIES
You agree that your use of our Services is solely at your own risk. You agree that such Service(s)
is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet
your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor
do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to
the accuracy or reliability of any information obtained through the Service or that defects in the
Service will be corrected. You understand and agree that any material and/or data downloaded or
otherwise obtained through the use of Service is done at your own discretion and risk and that you
will be solely responsible for any damage to your computer system or loss of data that results from
the download of such material and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions entered into through the Service.
No advice or information, whether oral or written, obtained by you from us or through the
Service shall create any warranty not expressly made herein.
18. INFORMATION
As part of the registration process, you are required to provide us certain information and
to update us promptly as such information changes such that our records are current,
complete and accurate. You are obliged to provide us the following information:
- Your name and postal address (or, if different, that of the domain name holder);
- The domain name being registered;
- The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; and
- The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION
You agree and acknowledge that we will make domain name registration information you provide available to ICANN,
to the registry administrators, and to other third parties as applicable. You further agree and acknowledge that
we may make publicly available, or directly available to third party vendors, some, or all, of the domain name
registration information you provide, for purposes of inspection (such as through our WHOIS service) or other
purposes as required or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.
You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us.
We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.
You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us.
We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.
20. REVOCATION
Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update
information provided to us, or any failure to respond to inquiries by us addressed to the email address
of the registrant, the administrative, billing or technical contact appearing in the "WHOIS" directory
with respect to a domain name concerning the accuracy of contact details associated with the registration
shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name
registration. Any information collected by us concerning an identified or identifiable natural person
("Personal Data") will be used in connection with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by the ICANN Agreement or an ICANN/Registry Operator policy.
21. RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name
or register you for other Services. In the event we do not register or reserve your domain name or
register you for other Services, or we delete your domain name or other Services within such thirty
(30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be
liable to you for loss or damages that may result from our refusal to register, reserve, or delete
your domain name or register you for other Services.
We reserve the right to delete or transfer your domain name within a thirty (30) day period following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party.
We reserve the right to delete or transfer your domain name within a thirty (30) day period following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party.
22. SEVERABILITY
You agree that the terms of this Agreement are severable. If any term or provision is declared
invalid or unenforceable, that term or provision will be construed consistent with applicable
law as nearly as possible to reflect the original intentions of the parties, and the remaining
terms and provisions will remain in full force and effect.
23. NON-AGENCY
Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any
agency, partnership, or other form of joint enterprise between the parties.
24. NON-WAIVER
Our failure to require performance by you of any provision hereof shall not affect the full right to
require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.
25. NOTICES
Any notice, direction or other communication given under this Agreement shall be in writing and given
by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been
deemed to be given when an electronic confirmation of delivery has been obtained by the sender. In the
case of e-mail notification to us to registrar@in2net.com, in the case of notice to you, at the e-mail
address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if such date is a business day and such
delivery was made prior to 5:00 p.m. PST, otherwise it will be deemed to have been delivered on the next
business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and
effectively given 5 business days after the date of mailing and, in the case of notification to us shall be sent to:
In2net Network Inc.
Domain Division
Suite 210 - 3602 Gilmore Way,
Burnaby, B.C. V5G 4W9
Attention: Customer Service
and in the case of notification to you shall be to the address specified in the "Administrative Contact" in your WHOIS record.26. ENTIRETY
You agree that this Agreement, the rules and policies published by In2net, ICANN and/or the Registry
Operator and the Dispute Policy are the complete and exclusive agreement between you and us regarding our
Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether
established by custom, practice, policy or precedent.
27. GOVERNING LAW
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE
OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING
CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN BRITISH COLUMBIA AND YOU IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY
You attest that you are of legal age to enter into this Agreement.
29. FORCE MAJEURE
You acknowledge and agree that neither we nor the Registry shall be responsible for any
failures or delays in performing our respective obligations hereunder arising from any
cause beyond our reasonable control, including but not limited to, acts of God, acts of civil
or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
30. FOREIGN LANGUAGE
Controlling Language. In the event that you are reading this agreement in a language other than the
English language, you acknowledge and agree that the English language version hereof shall prevail in
case of inconsistency or contradiction in interpretation or translation.
31. ACCEPTANCE OF AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION
AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.










