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SCHEDULE
B - Form of Registration Agreement - .biz Domain Registrations
AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant
of each domain name registration, "we", us"
and "our" refer to PressAid Inc. and Services
refers to the domain name registration provided by us as offered
through (PressAid, Inc.). This Agreement explains our obligations
to you, and explains your obligations to us for various Services.
SELECTION
OF A DOMAIN NAME. You represent that:
(i) the data provided in the domain name registration application
is true, correct, up to date and complete,
(ii) 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;
(iii)
that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose
whatsoever
(iv) the
registered domain name will be used primarily for bona fide
business or commercial purposes and not (a) exclusively for
personal use, or (b) solely for the purposes of (1) selling,
trading or leasing the domain name for compensation, or (2)
the unsolicited offering to sell, trade or lease the domain
name for compensation;
(v) you
have the authority to enter into this Registration Agreement;
and
(vi) the
registered domain name is reasonably related to your business
or intended commercial purpose at the time of registration.
FEES. As consideration for the Services you have selected,
you agree to pay PressAid, Inc. 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 statements in your Application are
true, complete and accurate.
TERM.
This Agreement shall remain in full force during the length
of the term of your domain name registration(s) 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, then the term of this Registration
Agreement shall be extended accordingly. Should the domain
name be transferred to another Registrar, the terms and conditions
of this contract shall cease.
MODIFICATIONS
TO AGREEMENT. You agree that we 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 will which shall be effective immediately
upon posting on our web site or upon notification to you by
e-mail or your countrys 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.opensrs.org/legal/udrp.shtml
and as 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.
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.
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.opensrs.org/legal/udrp.shtml. Please take
the time to familiarize yourself with this policy.
DOMAIN
NAME DISPUTES. You acknowledge having read and understood
and agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which
are hereby incorporated and made an integral part of this
Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy (Dispute
Policy), available at http://www.icann.org/udrp/udrp.htm;
(ii) The
Start-Up Dispute Resolution Policy (SUDRP), available
at http://www.neulevel.com/countdown/stop.html; and
(iii)
The Restrictions Dispute Resolution Criteria and Rules (RDRP),
available at http://www.neulevel.com/;
(collectively,
Dispute Policies).
The SUDRP
sets forth the terms and conditions in connection with a dispute
between a registrant of a .biz domain name (Registrant)
with any third party (other than Neulevel, Inc. (Registry
Operator) or PressAid over the registration or use of
a .biz domain name registered by you that is subject to the
Start-up Intellectual Property Notification Service (SIPNS).
SIPNS is a service introduced by Registry Operator to notify
a trademark or service mark holder (Claimant)
that a second-level domain name has been registered in which
that Claimant claims intellectual property rights. In accordance
with the SUDRP and its associated Rules, those Claimants will
have the right to challenge registrations through independent
ICANN-accredited dispute resolution providers.
The Dispute
Policy sets forth the terms and conditions in connection with
a dispute between a Registrant and any party other than the
Registry Operator or Registrar over the registration and use
of an Internet domain name registered by Registrant.
he RDRP
sets forth the terms under which any allegation that a domain
name is not used primarily for business or commercial purposes
shall be endorsed on a case-by-case, fact specific basis by
an independent ICANN-accredited dispute provider.
POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer
pursuant to any PressAid, Registry Operator, ICANN or government-adopted
policy, or pursuant to any registrar or registry procedure
not inconsistent with an ICANN or government-adopted policy,
(1) to correct mistakes by us or the applicable Registry in
registering the name or (2) for the resolution of disputes
concerning the domain name.
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 a third party licensee and that the third
party agrees to the terms hereof.
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). Neither
we nor our contractors or third party beneficiaries shall
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 jurisdictions do not
allow the exclusion or limitation of liability for consequential
or incidental damages, in such jurisdictions, 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 miss-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. In no event shall our maximum liability exceed
five hundred ($500.00) dollars.
INDEMNITY.
You agree to release, indemnify, and hold us, our contractors,
agents, employees, officers, directors, affiliates and third
party beneficiaries 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 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 shall be a breach of your Agreement and may result
in deactivation of your domain name.
BREACH.
You agree that failure to abide by any provision of 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.
NO
GUARANTY. You acknowledge that registration or reservation
of your chosen domain name does not confer immunity from objection
to either the registration, reservation, or use of the domain
name.
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.
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:
(i) Your name and postal address (or, if different, that of
the domain name holder);
(ii) The
domain name being registered;
(iii)
The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the administrative contact
for the domain name;
(iv) The
name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the
domain name.
Any other
information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected
for the purpose of improving the products and services offered
to you through your PressAid, Inc..
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 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 through your PressAid, Inc..
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.
REVOCATION. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly to update
information provided to us, or your failure to respond for
over fifteen (15) calendar days to inquiries by us concerning
the accuracy of contact details associated with the your registration
shall constitute a material breach of this Agreement and be
a basis for cancellation of the domain name registration.
RIGHT
OF REFUSAL. We, and/or Registry Operator, 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
following registration if we believe the registration has
been made possible by a mistake, made either by us or by a
third party. We also reserve the right to suspend a domain
name during resolution of a dispute.
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.
NON-AGENCY.
Nothing contained in this Agreement or the Dispute Policies
shall be construed as creating any agency, partnership, or
other form of joint enterprise between the parties.
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.
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 postal service. In the case of e-mail, valid
notice shall only have been deemed to have been given when
an electronic confirmation of delivery has been obtained by
the sender. In the case of e-mail, notifications must be sent
to us at lhutz@PressAid.com, or in the case of notification
to you, to 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 4:00 p.m. EST, 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 or to PressAid, Inc.
shall be sent to:
Our address:
PressAid
Inc.
96
Mowat Avenue
Toronto,
Ontario
M6K
3M1
Attention:
Legal Affairs |
PressAid, Inc.
Suite
307, 475 Howe Street
Vancouver,
BC
V6C
2B3
Attention:
Registrar |
and in
the case of notification to you shall be to the address specified
in the Administrative Contact in your WHOIS record.
ENTIRETY. You agree that this Agreement, the rules
and policies published by us 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.
GOVERNING
LAW. This Agreement shall be governed by and interpreted
and enforced in accordance with the LAWS OF Province of ontario
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 ontario and you irrevocably
consent to the jurisdiction of such courts.
INFANCY.
You attest that you are of legal age to enter into this Agreement.
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.
SIGNED:
_______________________________
NAME: _________________________________
DATE: _________________________________
The above
agreement must be signed, dated and delivered to PressAid prior to any .biz domain registrations being entered on your
behalf.
PressAid,
Inc.
Suite 307, 475 Howe Street
Vancouver, BC
V6C 2B3
Attention: Registrar
fax: 604-662-7396
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