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Terms of Service
This service agreement ("Agreement") sets forth the terms and conditions of
your use of SPECTRALHOST.COM to register
a domain name and obtain services from
SPECTRALHOST.COM. To complete the registration process, you must
read and agree to be bound by all terms and conditions of this Agreement and
any rules or policies that are or may be published by
SPECTRALHOST.COM. By submitting your
registration and service request, you agree to be bound by all terms and
conditions of this Agreement. You acknowledge that
SPECTRALHOST.COM may modify or amend this Agreement at any time.
1. Domain
Name Registration
You understand and agree that SPECTRALHOST.COM
is providing domain name registration service.
SPECTRALHOST.COM agrees to collect information, format, and
submit your registration request to Parava Networks, Inc., which performs
the actual registration. You further understand that Parava Networks and
SPECTRALHOST.COM cannot guarantee the
success of your domain name registration. Problems for which Parava Networks
and SPECTRALHOST.COM cannot be
responsible include, but are not limited to, loss of your request enroute to
Parava Networks, loss of your request by Parava Networks, registration of
the same domain by another party prior to the processing of your request by
Parava Networks, or technical failure of Parava Networks and
SPECTRALHOST.COM 's system. You also agree
to indemnify and hold harmless Parava Networks, Inc., and it's successors
and assigns of any action based upon failure of your domain name to be
successfully registered.
2. Fees for
Services Provided by Parava Networks and
SPECTRALHOST.COM
Unless otherwise noted, all paid services expire one year from the time
request was submitted through Parava Networks and
SPECTRALHOST.COM. Parava Networks and
SPECTRALHOST.COM reserves the right to modify, consolidate, or
update these services. Customers will be notified of any significant changes
via the contact e-mail address provided by the customer. All fees are
non-refundable. You will be sent a renewal notice via e-mail specifying the
fees due at least 30 days prior to expiration of any services. If these fees
remain unpaid by the renewal date or the time specified in the renewal
invoice (whichever is later), all services will be terminated.
Upon initial
registration, the services you selected may not be set up until Parava
Networks and SPECTRALHOST.COM receives
payment. Payment may be made by credit card. Immediate payment via credit
card is recommended.
SPECTRALHOST.COM and Parava Networks may
suspend your account for any of the following reasons: Failure of Payment,
Illegal Activities such as spamming and any other activity we would see as
improper behavior. Reinstating accounts has a $25 charge.
3. Use of
Your Information
As part of the registration process, you agree to provide certain
information and to update this information to keep it current, complete and
accurate. You also agree and understand that some of this information is
provided to Parava Networks, Inc. as part of your domain name registration
request. As such, you understand and agree that this information may be
available to the public. You may request that Parava Networks and
SPECTRALHOST.COM not otherwise disclose
your information to any third party unless required to maintain your domain
name by submitting a signed written request to this effect to Parava
Networks and SPECTRALHOST.COM.
You
acknowledge that willfully providing inaccurate information or willfully
failing to promptly update your information constitutes a material breach of
this Agreement and is a basis for cancellation of your domain name
registration and any services provided by Parava Networks and
SPECTRALHOST.COM. You may request a copy of
the information about you in the possession of Parava Networks and
SPECTRALHOST.COM for your review or
modification. While you may make such a modification via our web site using
your specified account, you are responsible for verifying that Parava
Networks and SPECTRALHOST.COM receives
the modified information. You also agree to indemnify and hold harmless
Parava Networks and SPECTRALHOST.COM and
it's successors and assigns of any action based upon your failure to provide
correct and accurate information, whether or not this action was willful.
4.
Indemnification
Registrant agrees to indemnify, defend and hold harmless VeriSign, Inc.,
and its directors, officers, employees, agents and affiliates from and
against any and all claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses arising out of or relating to
the Registrant's Domain name registration.
5. Use
Policy
Parava Networks and SPECTRALHOST.COM
reserves the right to cancel or suspend your domain name registration and
any services provided by Parava Networks and
SPECTRALHOST.COM in the event that you use the domain name in
connection with any unlawful activity or in contradiction to the customary
acceptable usage policies of the Internet. You also agree to indemnify and
hold harmless Parava Networks and SPECTRALHOST.COM
, and it's successors and assigns of any action resulting from the use of
your domain name or any service provided by Parava Networks and
SPECTRALHOST.COM.
6. Agents
and Licenses
If you are acting as an agent on behalf of a third party, you
acknowledge that you can produce proof that the third party has read and
agreed to the terms of this Agreement. Your agree to be held liable for the
consequences of failing to produce such proof. Should you license or sell
rights for the use of your domain name to a third party, you agree to
continue to be bound by the terms of this Agreement unless the third party
agrees in writing to assume all obligations under this Agreement.
7.
Limitation of Liability
You agree that Parava Networks and
SPECTRALHOST.COM, and it's successors and assigns is not liable
for any loss resulting from any failure to provide services under this
agreement, whether or not such failure is willful. You further agree that
Parava Networks and SPECTRALHOST.COM is
not liable for any indirect, special, incidental, or consequential damages
of any kind (including but not limited to lost revenues) regardless of the
form of action whether in contract, tort (including negligence), or
otherwise, even if Parava Networks and
SPECTRALHOST.COM has been notified of the possibility of such
damages. In no event will Parava Networks and 'SPECTRALHOST.COM's
liability exceed the total current amount paid by you directly to Parava
Networks and SPECTRALHOST.COM for
services currently provided by Parava Networks and
SPECTRALHOST.COM. Because the exclusion or limitation of
liability for consequential or incidental damages may not be allowed in
certain jurisdictions, in such areas, our liability is limited to the extent
permitted by law.
8.
Indemnity
You agree to defend, indemnify and hold harmless Parava Networks and
SPECTRALHOST.COM, and it's successors and
assigns, for any loss, damages or costs, including reasonable attorneys'
fees, resulting from any third party claim, action, or demand related to the
use of your domain name and any services provided by Parava Networks and
SPECTRALHOST.COM. This indemnification is
in addition to any other indemnification included in this Agreement.
9.
Representations and Warranties
You represent and warrant that all information provided by you in
connection with your registration is accurate. Parava Networks and
SPECTRALHOST.COM makes no representation or
warranties of any kind in connection with this Agreement.
10. Breach
and Revocation
You must remedy any material breach of this Agreement within 30 days of
notice by Parava Networks and SPECTRALHOST.COM.
If you fail to cure such a breach, Parava Networks and
SPECTRALHOST.COM may revoke your domain
name registration and any services provided by Parava Networks and
SPECTRALHOST.COM.
11.
Governing Law
In the event of any dispute concerning this Agreement or the services sold
hereunder, suit may only be brought in the court of competent jurisdiction
located closest to the offices of Parava Networks, Inc. in the State of
Texas of the United States. This Agreement will be interpreted, construed
and enforced according to the laws of the State of Texas of the United
States of America, excluding that body of law known as conflicts of law.
12.
Independence of Parties
Nothing in this Agreement shall be construed as creating a partnership
or joint venture between the parties or making an agent or employee of the
other, but in all operations hereunder each party shall be an independent
contractor, shall conduct its business at its own cost and expense and shall
have no authority to make any representation or warranty on behalf of the
other party, except as specified in this Agreement.
13.
Assignment
This Agreement shall be binding upon and inure to the benefit of both
parties and their successors and assigns provided that the successor or
assign agrees in writing to be bound by all the terms, conditions and
obligations of this Agreement.
14.
Termination
Termination shall not extinguish any either parties obligations under
this Agreement which by their terms continue after the date of termination.
15. Force
Majeure
Neither party to this Agreement is in default hereunder by reason of its
delay in the performance of or failure to perform, in whole or in part, any
of its obligations hereunder, if such delay or failure results from acts of
God or other occurrences beyond its reasonable control and without its fault
or negligence. Such acts or occurrences shall include, but not be limited
to, earthquakes, floods, fire, power failures, communications failures,
epidemics, strikes, lockouts, war, terrorist activity, government
regulations which go into effect after the effective date of this Agreement
or a technical failure of the Internet.
16. Entire
Agreement
The parties agree that this Agreement is the complete and exclusive
statement of the agreement between the parties, which supersedes all
proposals or prior agreements, oral or written, and all other communications
between the parties relating to the subject matter of this Agreement.
No amendment,
change or modification of this Agreement shall be effective or enforceable
unless it is written and executed by an authorized representative of each
party to this Agreement.
Should any
clause, provision, or portion of this Agreement be ruled invalid, void,
illegal or otherwise unenforceable by any court, magistrate, referee,
arbitrator or by any other process or in any other proceeding, it shall be
deemed to be stricken and the remainder of this Agreement shall continue to
be in effect and fully enforceable. |
