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Internet Services, INC. d/b/a
Adult Virtual Hosting, REGISTRATION AGREEMENT
This Registration Agreement ("Agreement") sets forth
the terms and conditions of your use to register a domain name
on the Internet. Adult Virtual Hosting is a reseller for an accredited
registrar with the Internet Corporation for Assigned Names and
Numbers ("ICANN"). Hereinafter, Internet Services,
Inc. d/b/a Adult Virtual Hosting, will be refered to as Adult
Virtual Hosting. To complete the registration process, you must
read and agree to be bound by all terms and conditions of this
Agreement, the accompanying fee schedule and dispute policy,
and any rules or policies that are or may be published by BulkRegister.com.
This Agreement will become effective when accepted by BulkRegister.com.
You acknowledge that Adult Virtual Hosting may modify this Agreement
if necessary to comply with the ICANN Agreement, or for any other
business purpose.
1. Fees
As consideration for the domain name registration services provided
by Adult Virtual Hosting, you shall pay all applicable initial
registration fees and renewal fees. You will be notified when
renewal fees are due, and it shall be your responsibility to
ensure that such fees are paid. Should these fees go unpaid by
the time specified in the renewal notice, your registration will
be cancelled. You agree that Adult Virtual Hosting shall have
no liability whatsoever with respect to any such cancellation,
and that Adult Virtual Hosting may cancel or reassign the domain
name in the event of delinquency.
2. Dispute Policy
In applying for a domain name, you warrant that the registration
is not made in bad faith and that the name does not conflict
with another domain name. You agree to be bound by the current
Adult Virtual Hosting Domain Name Dispute Policy ("Dispute
Policy") which is incorporated into this Agreement by reference.
The Dispute Policy can be found at http://www.adultvirtualhosting/registration/disputepolicy.html.
Any disputes regarding the right to use your domain name will
be subject to the Dispute Policy. Adult Virtual Hosting may modify
the Dispute Policy in its sole discretion at any time. Your continued
registration of your domain name after modification to the Dispute
Policy becomes effective constitutes your acceptance of those
modifications. If you do not agree to such a modification, you
may request that your domain name be deleted. You agree that
you will be subject to the provisions specified in the Dispute
Policy in effect at the time your domain name is challenged by
a third party. You also agree that in the event a domain name
dispute arises with any third party, you will indemnify, defend
and hold Adult Virtual Hosting harmless.
3. Use of Your Information
As part of the registration process, you are required to provide
certain information and to update this information to keep it
current, complete and accurate. This information includes (i)
your full name, postal address, e-mail address, voice telephone
number, and fax number if available; (ii) the name of an authorized
person for contact purposes in the case of a registrant that
is an organization, association, or corporation; (iii) the IP
addresses of the primary nameserver and any secondary nameservers
for the domain name; (iv) the corresponding names of those nameservers;
(v) the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact
for the domain name; (vi) the full name, postal address, e-mail
address, voice telephone number, and fax number if available
of the administrative contact for the domain name; (vii) the
name, postal address, e-mail address, voice telephone number,
and fax number if available of the zone contact for the domain
name; and (viii) any remark concerning the registered domain
name that should appear in the Whois data. You acknowledge that
providing inaccurate information or failing to update information
promptly will constitute a material breach of this Agreement
and will be a basis for cancellation of your domain name. If
you license use of a domain name to a third party, you remain
responsible for providing your own full contact information and
for providing and updating accurate technical, administrative,
and zone contact information. You acknowledge that Adult Virtual
Hosting will make some of the information that you provide during
the registration process publicly available as required by ICANN.
Additionally, you acknowledge that ICANN may impose guidelines,
limits and/or requirements that relate to the amount and type
of information that Adult Virtual Hosting may or must make available
to the public or to private entities. Adult Virtual Hosting will
not otherwise disclose your information to any third party unless
it is required to maintain your domain name. You may request
a copy of your information in Adult Virtual Hosting's possession
to review, modify or update such information.
4. Use Policies
Adult Virtual Hosting reserves the right to suspend or cancel
your domain name in the event that you use the domain name to
send unsolicited commercial advertisements in contradiction to
either applicable laws or customary acceptable usage policies
of the Internet, or if you use your domain name in connection
with unlawful activity.
5. Agents and Licenses
You agree that, if your domain name is registered on your behalf
by anyone acting as your agent (e.g., an Internet Service Provider,
employee, etc.), you are nonetheless bound as a principal by
all terms and conditions provided herein, including the Dispute
Policy. You agree that if you license the use of your domain
name to a third party, you remain the domain name holder, and
remain responsible for all obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT Internet Services, INC. D/B/A Adult Virtual Hosting,
WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT
MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME,
(b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO Adult Virtual Hosting REGISTRATION SYSTEM; (d)
THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND Adult
Virtual Hosting; (e) EVENTS BEYOND Adult Virtual Hosting CONTROL;
(f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF
ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME,
(h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER;
OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, Adult
Virtual Hosting WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Adult Virtual
Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Adult Virtual Hosting MAXIMUM LIABILITY EXCEED
THE TOTAL AMOUNT PAID BY YOU TO Adult Virtual Hosting FOR REGISTRATION
OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE
STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM
EXTENT PERMITTED BY LAW.
7. Indemnity
You agree to defend, indemnify and hold harmless Internet Services,
Inc. d/b/a Adult Virtual Hosting and any applicable domain name
registry, including Network Solutions, Inc., and the directors,
officers, employees and agents of each of them, for any loss,
damages or costs, including reasonable attorneys' fees, resulting
from any third party claim, action, or demand related to your
domain name or the use thereof. This indemnification is in addition
to any indemnification required under the Dispute Policy.
8. Representations and Warranties
You represent and warrant that all information provided by you
in connection with your registration is complete and accurate.
Adult Virtual Hosting makes no representation or warranties of
any kind in connection with this Agreement. Adult Virtual Hosting
does not represent or warrant that registration of your domain
name will immunize you from challenges to your domain name.
9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must
be remedied by you within 30 days of notice by Adult Virtual
Hosting. If you fail to cure the breach, Adult Virtual Hosting
may revoke your registration of the domain name. You also agree
that at such time as Adult Virtual Hosting receives a properly
authenticated order from a court of competent jurisdiction, or
arbitration award, requiring the revocation, suspension, transfer
or modification of the domain name registration, Adult Virtual
Hosting shall have the right in its sole discretion to revoke,
suspend, transfer or otherwise modify a domain name registration.
10. Governing Law
This Agreement and all rights hereunder shall be governed by
the laws of the State of Virginia and/or the State of Maryland
at the discretion of Adult Virtual Hosting . Any action relating
to this Agreement or to your use of the Adult Virtual Hosting
site shall be brought exclusively in the courts of Virginia in
the USA.
11. General
This Agreement, the Adult Virtual Hosting fee schedule and the
Dispute Policy, together with all amendments or modifications
to any of them, constitute the complete and exclusive agreement
between you and Adult Virtual Hosting, and supersede and govern
all prior proposals, agreements, or other communications.
Nothing contained in this Policy shall be construed as creating
any agency, partnership, or other form of joint enterprise between
the parties. The failure of Adult Virtual Hosting to require
your performance of any provision hereof shall not affect the
right to require such performance thereafter; nor shall the waiver
by Adult Virtual Hosting of a breach of any provision hereof
be taken or held to be a waiver of the provision itself. In the
event that any provision of this Agreement is deemed unenforceable
or invalid, such unenforceability or invalidity shall not affect
the remainder of this Agreement. Adult Virtual Hosting may amend
or replace such provision with one that is valid and enforceable
and which achieves, to the extent possible, the original objectives
and intent of Adult Virtual Hosting as reflected in the original
provision.
No provision of this Agreement, including the Adult Virtual
Hosting fee schedule and the Dispute Policy, may be amended or
modified by you except by means of a written document signed
by Adult Virtual Hosting.
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