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Terms and Conditions

Terms and Conditions
AGREEMENT. In this Registration and Hosting Agreement (“Agreement”) “You” and “your” refer to each customer, “we”, us” and “our” refer to Web Builders Design and “Services”
refers to the domain name registration provided by us as offered through Web Builders Design, the Registration Service Provider (“RSP”) and any web site building services referred to
herein. This Agreement explains our obligations to You, and explains
your obligations to us for various Services. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” means the
relevant domain names Registry. “Server” means the computer server equipment operated or licensed by us in connection with the provision of the Services. “Web Site” means the area
on the Server allocated by us to You for use by You as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during
the term of this agreement: By using any of our services, You hereby certify that You have read and agree to the following terms of service:
Please read the entire agreement.
This is a legal agreement between You and Web Builders Design (Web Builders Design). This agreement concerns your purchase of a service or services in which
Web Builders Design agrees to send visitors to a URL specified by You.
A. Domain Name Registrations
1. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge and belief, neither the registration of the Second Level Domain (“SLD”) name nor the manner
in which it is directly or indirectly used infringes the legal rights of a third party and that the Domain Name is not being registered for any unlawful purpose.
1.1 We make no representation that the domain name You wish to register is capable of being registered by or for You or that it will be registered in your name. You should therefore not
assume registration of your requested domain name(s) until You have been notified that it has or they have been registered. Any action taken by You before such notification is at your
risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority. You shall ensure that You are aware of those
terms and conditions and that You comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid
by You to us shall be non-refundable not withstanding refusal by the naming authority to register your desired name.
1.3 We shall have no liability in respect of the use by You of any domain name; any dispute between You and any other person must be resolved between the parties concerned in such
dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend, or cancel the domain name. We shall also be entitled to
make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.
2. FEES. As consideration for the services You have selected, You agree to pay to us, or your respective RSP who remits payment to us on your behalf, the applicable service(s) fees. All
fees payable here under 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”). You, by completing and submitting this Agreement represent that the statements in your application are true. All such information shall be submitted
to us via email.
3. TERM. You agree that the Registration Agreement will remain in full force during the length of the term of your Domain Name Registration. Should You choose to renew or otherwise
lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. 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, then the term of this Registration Agreement will be extended accordingly. Should You transfer your domain name or should the
domain name otherwise be transferred due to another Registrar, the terms and conditions of this Agreement regarding hosting the domain name only, shall cease and shall be replaced
by the contractual terms in force for the purpose of registering domain names then in force between SLD holders and the new Registrar. All other terms herein regarding services
provided for building or maintaining your website will remain in full force and effect.
4. 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 which 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.htm. Please take the time to familiarize yourself with this policy.
5. 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 in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, You will indemnify and hold 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 State of Oregon.
6. ICANN POLICY. You agree that your registration of the SLD name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of
disputes concerning the SLD name.
7. AGENCY. Should You intend to license use of a domain name to a third party You shall nonetheless be the SLD 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 SLD. You shall accept liability for harm caused by wrongful use of the SLD, unless You promptly disclose the identity of the licensee to the party providing You
reasonable evidence of actionable harm. You also represent that You have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees
to the terms of this Disclosure and Use of Registration Information.
8. ANNOUNCEMENTS. We and the RSP 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.
9. 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 ICANN and applicable laws may require or permit. 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 the 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 registrat ion 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 RSP. 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 access or disclosure, alteration or destruction of that information.
10. REVOCATION. Your willful provision of inaccurate or unreliable information, your willful 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 concernin g 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.
11. 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 within thirty (30)
calendar days from receipt of your payment for such 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.
B. Web Site Hosting And Email
1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or
damage to any data stored on the Server.
2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
3 You represent, undertake and warrant to us that You will use the Web Site allocated to You only for lawful purposes. In particular, You represent, warrant and undertake to us that.
3.1 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will You authorize or permit any other person to do
so.
3.2 You will not post, link to or transmit: (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way. (b) any material containing a virus or other hostile computer program. (c) any material which constitutes, or encourages the commission of, a criminal offence or
which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
3.3 You will not send bulk email whether opt-in or otherwise from our network. Nor will You promote a site hosted on our network using bulk email.
3.4 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
3.5 Any file You store on the Server will be reachable via a hyperlink from a page on your site.
4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Adult or illegal MP3 content.
5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized
use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other
customers.
7 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
8 In the case of an individual User, You warrant that You are at least 18 years of age and if the User is a company, You warrant that the Services will not be used by anyone under the
age of 18 years.
9 Any access to other networks connected to Web Builders Design must comply with the rules appropriate for those other networks.
10 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers
and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
C. Service Availability
1 We shall use our reasonable endeavors to make available to You at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or downtime
of the Server.
2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days You will be
notified of the reason.
3 The Services provided to You hereunder and your account with us cannot be transferred or used by anyone other than You. No more than one log-in session under any one account
may be used at any time by You. If You have multiple accounts, You are limited to one login session per system account at any time; user programs may be run only during log-in
sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this subclause, we shall have the right to cancel the account and
terminate the Services and/or this Agreement immediately. You may not resell web services to any other party.
D. Payment
1 All charges payable by You for all Services used by You shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due
and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
2 Payment is due each anniversary month or year following the date the Services were established until closure notice is given. If You choose to pay by credit or debit card You authorize
Web Builders Design to debit your account renewal fees from your card.
3 Payments may be made in U.S Dollars only.
4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the
provision of Services to You.
E. Termination
1 If You fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to You.
2 If You break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to You.
3 If You are a company and You go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your
creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to You.
4 No refunds will be made for Services suspended in accordance with E1, E2 and E3.
5 We reserve the right to suspend the Services and/or terminate this Agreement at any time.
6 You may cancel the Services at any time.
7 Refunds are subject to our sole approval which we need not give, should You decide to cancel/terminate your account.
8 Where payment has been made by credit or debit card, any authorized refund will only be issued to the same credit or debit card.
9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
F. General Provisions
1. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or
on notification to You by email or regular mail as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any
such revisions. If You do not agree with anyrevision to the Agreement, You may terminate this Agreement at any time by providing us with notice by email or regular mail as per the
Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any
revision to this Agreement or change in service(s), You shall abide by any such revisions or changes. You further agree to abide by the ICANN Uniform Dispute Resolution Policy
(“Dispute Policy”) as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become
effective, You have agreed to these modifications. 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.
2. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, You must use your Account Identifier and Password that You selected when You
opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
3. NOTICES. Any notice to be given by either party to the other may be sent by email and shall unless the contrary is proved be deemed to be received on the day it was sent. In the case
of email, 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 email notification to us
or to the RSP to sales@Web Builders Design or, in the case of notice to You, at the email address provided by You in your WHOIS record. Any email 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 2:00 p.m. PST, otherwise it will be
deemed to have been delivered on the next business day and in the case of notification to You shall be to the address specified in the “Administrative Contact” in your WHOIS record.
4. ECOMMERCE PROVISIONS. If You are selling anything from your site, You agree that You will abide by all laws, rules, and regulations regarding such sales, including but not limited
all agreements and rules set forth by PayPal, or any other credit card processor regarding keeping the privacy of such credit card information. You agree that it is your responsibility to
adhere to all agreements, rules and regulations regarding payments over the web, and to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and
affiliates harmless from all liabilities, claims and expenses, including without limitation VeriSign, Inc., and the directors, officers, employees and agents of each of them, including
attorney’s fees, of third parties relating to or arising under this Agreement particularly related to accepting money through your SLD. You are responsible for knowing and following the
terms of the PayPal order system and are responsible for creating and managing your PayPal account. Web Builders Design will not be responsible for any actions taken by PayPal
against You nor will we guarantee any fitness of use or availability of the PayPal system. You
will provide Web Builders Design with the email address to be used by the PayPal system in order for the shopping cart provided by Web Builders Design to interface with your
PayPal account.
5. COPA. You agree that the site You are setting up does not target children, and that if it does any information acquired by You about such children is being regulated and kept strictly in
compliance with the Children’s On-Line Privacy Act (“COPA”), and You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates
harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties relating to or arising under this Agreement particularly related to information regarding children
and COPA.
6. SECURITY The parties expressly recognize that it is impossible to maintain flawless security, but we shall take reasonable steps to prevent security breaches in our server interaction
with You and security breaches in our server interaction with resources or users outside of any firewall that may be built into our server. However, You is solely responsible for preventing
password protected pages within its Web Site from being automatically indexed and linked to search engine Robots or Spiders. You is solely responsible for any damage caused by such
unauthorized access, and You indemnifies and holds us harmless for any compromise of your security.
7. GENERAL 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 misdelivery; (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 (US).
8. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses,
including without limitation VeriSign, Inc., and the directors, officers, employees and agents of each of them, 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.
9. 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. : You expressly agree that You shall not permit any person or
entity which is not affiliated with You to maintain any Web Page within your Web Site.
10. 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.
11. NO GUARANTY. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the
registration, reservation, or use of the domain name.
12. 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 noninfringement.
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.
13. 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, postal address, and valid email address (or, if different, that of the domain name holder); ii) The domain name being registered iii) The name, postal address, email
address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name. iv) The name, postal address, email 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 such that we can continue to improve the products and services offered to You through your RSP.
14. 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.
15. 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.
16. 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.
17. HEADINGS Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
18. ENTIRE AGREEMENT These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter
covered and supersede any previous Agreements, arrangements, undertakings or proposals , written or oral: between us in relation to such matters. No oral explanation or oral
information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, You have not relied on any representation other than
those expressly stated in these terms and conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not been made expressly in this
Agreement.
19. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF STATE OF OREGON AND
THE LAWS OF THE UNITED STATES OF AMERICA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO
THIS AGREEMENT MUST BE BROUGHT IN OREGON AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
20. INFANCY. You attest that You are of legal age to enter into this Agreement.