TERMS OF SERVICE

These terms parallel our company philosophies and are a result of client feedback as well as server admin conditions. These terms are enforced in order ensure you the most reliable web/internet service in the industry.

< WEB HOSTING>

HostNed.com provides World Wide Web page hosting. HostNed.com reserves the right to suspend or cancel a customer's access to any or all services provided by HostNed.com when HostNed.com decides that the account has been inappropriately used or otherwise.

// SERVER USE
Accounts are to be used by the primary owner only (single domain name) unless otherwise contracted with us. Accounts may be bought by a developer or reseller and resold, in which case the usage is for the end user only.  As the purchaser of service, you are solely responsible for the activities and usage of your account.  Your usage must operate in a manner that does not interfere with the service of others.  HostNed.com reserves the right to refuse service and /or access to its servers to anyone at our sole discretion.

// DISK SPACE USAGE POLICY
Disk space is provided for the purpose of displaying of web sites on the internet.  We do not allow space for storing personal files, file sharing, IRC, gaming, or any purpose other than content for displaying of your web site unless otherwise contracted (i.e. Purchasing a streaming media add-on account.) 
HostNed.com does not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation, or content or communications intended to be malicious. This also includes any information PHISHING or attempts to extract information from others in an unethical way.
"Adult Only" Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult only material" is left entirely to the discretion of HostNed.com
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

If any of the above is found on your account, the entire account can be terminated immediately.

// BANDWIDTH USAGE POLICY
HostNed offers bandwidth (data transfer) for communicating on the internet.  Unless otherwise contracted, hosting accounts are to be used for one domain name only.  We do offer reseller, dedicated, or advanced hosting options for those who wish to host many domain names on one account.  Some services may offer "unlimited" data transfer per these terms of service; however only for the display of a web site only, not for data storage space, file sharing, game serving, mass mailing, or any other purpose unless otherwise contracted.  In rare cases, HostNed.com may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In instances when a website is found to be monopolizing the resources available HostNed.com reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse or damage of our servers. Customers may be offered an option whereby HostNed.com continues hosting the website under a different plan such as dedicated server type.

// PAYMENT POLICIES
All accounts are set up on a prepay basis. Although HostNed.com reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment unless the customer exceeds posted limitations of the purchased plan, in which case we would recommend you upgrade your account and bill you for the difference. Recurring payment is due at the end of each period of billing.
All payment is in US dollars unless otherwise noted.
Some credit card and e-check purchases will be sold by 2Checkout.com Inc. - Ohio, U.S.A; PayPal, or other payment service provider
; Products or services provided by HostNed.com

// CANCELLATION AND REFUNDS
HostNed.com reserves the right to cancel the service at any time. In this event customers may be entitled to a pro rata refund based upon the remaining period of membership; however this right is to the discretion of HostNed.com. If a customer contravenes HostNed.com's terms of service a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time.
Some fees charged on a prepay basis are non-refundable. A partial refund may be issued if under our discretion. Setup fees, domain name registration fees and optional components charges are non-refundable.

<DOMAIN NAMES>

This is an agreement between "you" and HostNed, ("HostNed") a DynaWeb Designs subsidiary, Wild West Domains (or other official registrar) partner in association with ICANN organization. This agreement explains the basis upon which the domain registration transactions between you and HostNed will take place and our responsibilities toward each other.

The term "you" shall refer to yourself. By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you've established with HostNed, whether or not the transactions were in your behalf.

To complete the registration process, you must read this entire agreement, as well as our dispute policy and agree to be bound by all the terms and conditions. You acknowledge that HostNed is a registrar bound by an agreement between HostNed and the Internet Corporation for Assigned Names and Numbers ("ICANN"). You agree that HostNed may modify this agreement in order to comply with applicable law and the terms and conditions set forth by ICANN.

You acknowledge that HostNed's acceptance of any application made by you for services provided by HostNed will take place at the office of the registrar and not physically at the office of HostNed.com.

Your domain name is being registered through an agreement between you, HostNed and the official registrar. HostNed is not an ICANN accredited registrar, but is entitled to offer domain name registrations as a reseller of services.

1. FEES

In consideration for the services and products ("service") purchased by you and provided to you by HostNed, you agree to pay HostNed at the time service is provided. Payment is to be made by you providing a valid credit card for charge by HostNed, and is non-refundable. If for any reason HostNed is unable to charge your credit card with the full amount owed HostNed for the service provided, or if HostNed is charged back for any fee it previously charged to the credit card you provided, you agree that HostNed may pursue all available remedies in order to obtain payment. You agree that among the remedies HostNed may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names registered or renewed on your behalf.

Domain Name Renewals. When You register a domain name, You may have the option to elect that the domain name be automatically renewed upon reaching the expiration date. If You elect the automatic renewal option, HostNed will automatically renew, for a period of one year, any domain name that is up for renewal and will charge the credit card you have on file with HostNed, at HostNed's then current rates. Domain name renewals will be non refundable. If for any reason HostNed is not able to charge the credit card you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your credit card information current, including the expiration date. If You do not elect that the domain name be automatically renewed, You have the responsibility of logging into your account manager for that domain name and manually implementing the renewal by the expiration date (should you in fact want the domain name to be renewed). In this case, if you fail to manually implement the renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that name. You agree that HostNed will not be responsible for cancelled domain names that You fail to renew, either automatically or manually. In any case, if you fail to renew Your domain name in a timely fashion, additional charges may apply.

2. TERM OF AGREEMENT; MODIFICATIONS

The term of this agreement shall continue in full force and effect as long as you have any domain name registered through HostNed. You agree that you will not transfer any domain name registered through HostNed to another domain name registrar during the first sixty (60) days from its initial registration date.

You agree that HostNed may modify this agreement from time to time. HostNed may also discontinue services it provides under this agreement. You agree to be bound by any changes HostNed may reasonably make to this agreement when such changes become effective. Should you elect to cancel your agreement with HostNed you will not receive a refund for any fees you may have paid to HostNed.

You agree that HostNed shall not be bound by any representations made by third parties who you may use to purchase services from HostNed, and that any statements of a general nature, which may be posted on HostNed's web site or be contained in HostNed's promotional materials, will not bind HostNed.

3. UP TO DATE INFORMATION; USE OF INFORMATION

You agree to notify HostNed within 5 business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide HostNed with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by HostNed to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement.

You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:

The domain name
Your name and postal address
The email address, postal address, voice and fax numbers for technical and administrative contacts
The Internet protocol numbers for the primary and secondary name servers
The corresponding names of the name servers
The original date of registration and expiration date

You agree that, to the extent permitted by ICANN, HostNed may make use of the publicly available information you provided during the registration process.

If you engage in the reselling of domain names you agree to provide any individuals whose personal information you've obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

4. DISPUTE RESOLUTION POLICY

You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this agreement. Our current dispute policy can be found on our web site at: http://www.secureserver.net/dispute_policy.asp.

You agree that HostNed may from time to time modify its Dispute Resolution Policy. HostNed will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining your domain name registrations with HostNed after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review HostNed's web site periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel your agreement with HostNed as a result of the modified Dispute Resolution policy no fees will be refunded to you.

You agree that if a dispute arises as a result of one or more domain names you have registered using HostNed, you will indemnify, defend and hold HostNed harmless as provided for in this agreement. You also agree that if HostNed is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using HostNed, that HostNed, in its sole discretion, may take whatever action HostNed deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold HostNed harmless for any action taken by HostNed.

5. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES

If you transfer any domain name you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement. You may view the current version of our Domain Transfer Agreement at: http://www.secureserver.net/xfrAgreement.asp?generateBlank=yes

You agree to inform any customer of yours, who may be acquiring a domain name through you using HostNed's registration services, that they are in fact registering their domain name through HostNed and that HostNed is an accredited registrar with ICANN. You agree not to represent that you are an ICANN accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your web site.

You agree to obtain each of your customers' acceptances of HostNed's then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customer's accept additional terms and conditions that are not required by HostNed, you agree that such additional terms and conditions shall not conflict with HostNed's Domain Registration Agreement and the policies and business procedures adopted by ICANN.

You agree that HostNed is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to HostNed's registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database.

You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within 5 business days, provide such information to HostNed so HostNed may update its registration records. You will retain copies of all communications between you and your customers and will upon request provide HostNed copies of same.

6. SUSPENSION OF SERVICES; BREACH OF AGREEMENT

You agree that, in addition to other events set forth in this agreement, your ability to use any of the services provided by HostNed is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN.

You agree that your failure to comply completely with the terms and conditions of this agreement and any HostNed rule or policy may be considered by HostNed to be a material breach of this agreement and that HostNed may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide HostNed with material evidence that you have not breached your obligations to HostNed within ten (10) business days, HostNed may terminate its relationship with you and take any remedial action available to HostNed under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, canceling the registration of any of your domain names and discontinuing any services provided by HostNed to you. No fees will be refunded to you should your agreement be cancelled or services be discontinued because of a breach. HostNed's failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.

7. RESTRICTION OF SERVICES; RIGHT OF REFUSAL

You agree not to use the services provided by HostNed, or to allow or enable others, to use the services provided by HostNed for the purposes of:
The transmission of unsolicited email (SPAM)
Repetitive, high volume inquires into any of the services provided by HostNed (i.e. domain name availability, etc.).

You agree that HostNed, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. HostNed also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place. HostNed may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event HostNed refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to HostNed in connection with the registration either being canceled or refused. In the event HostNed deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.

8. LIMITATION OF LIABILITY

You agree that HostNed's entire liability to you under this agreement, and your only remedy, in connection with any service provided by HostNed to you under this agreement, and for any breach of this agreement by HostNed, shall be limited to the fees you paid to HostNed for the particular service in contention.

HostNed AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF HostNed'S SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, HostNed'S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

HostNed DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:

access delays or interruptions to our web site or domain name registration system
data non-delivery or misdelivery between you and HostNed
events beyond our control (i.e. acts of God)
the loss of registration or processing of a domain name or the use of a domain name
the failure for whatever reason to renew a domain name registration
the unauthorized use of your account with HostNed or any of the services provided to you by HostNed
errors, omissions or misstatements
deletion of, failure to store, or failure to process or act upon email messages
processing of updated information to your registration record
development or interruption of your web site
errors taking place with regard to the processing of your application
application of HostNed's Dispute Resolution Policy
any act or omission caused by you or your agent (whether authorized by you or not)
9. INDEMNITY

You agree to release, defend, indemnify and hold harmless HostNed and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with HostNed whether or not on your behalf, and whether or not with your permission) use of the services provided by HostNed. Should HostNed be notified of a pending law suit, or receive notice of the filing of a law suit, HostNed may seek a written confirmation from you concerning your obligation to indemnify HostNed. Your failure to provide such a confirmation may be considered a breach of this agreement.

10. REPRESENTATIONS AND WARRANTIES

You warrant that all information provided by you as part of the registration process is complete and accurate. You also warrant that each registration you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.

You agree that HostNed makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to you against the possibility of objection to, or challenge of, the registration or use of any domain name you register with HostNed.

HostNed expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of HostNed, as well as its affiliates, subsidiaries, officers, directors and employees. HostNed also reserves the right to freeze a domain name during resolution of a dispute.

11. DISCLAIMER OF WARRANTIES.

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 OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

12. SEVERABILITY; ENTIRETY

You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect.

You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between you and HostNed regarding the services contemplated herein.

13. VENUE; WAIVER OF TRIAL BY JURY

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF . EXCEPT FOR DISPUTES CONCERNING THE USE OF A DOMAIN NAME REGISTERED WITH HostNed, THE LAWS AND JUDICIAL DECISIONS OF MARICOPA COUNTY, , SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF MARICOPA COUNTY, .

FOR THE ADJUDICATION OF DISPUTES CONCERNING THE USE OF ANY DOMAIN NAME REGISTERED WITH HostNed, YOU AGREE TO SUBMIT FOR JURISDICTION AND VENUE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF LOCATED IN PHOENIX, .

YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

14. NOTICES

You agree that all notices (except for notices concerning breach of this agreement) from HostNed to you may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address you have on file with HostNed or mailed first class postage to the postal address you have on file with HostNed. In both cases, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from you to HostNed shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:

Domain Transfers
C/O Wild West Domains ,
14455 North Hayden Rd
Suite 219
Scottsdale, AZ 85260


Delivery shall be deemed to have been made by you to HostNed five (5) days after the date sent.

15. PROVISIONS SPECIFIC TO .COM, .NET, .ORG, and .CC REGISTRATIONS

Indemnification. You agree to indemnify, defend and hold harmless VeriSign, 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 Registered Name holder's domain name registration.

16. PROVISIONS SPECIFIC TO .WS (WebSite) REGISTRATIONS

Indemnification. You agree to indemnify, defend and hold harmless Global Domains International, , 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 Registered Name holder's domain name registration.

17. ADDITIONAL REQUIREMENTS FOR .INFO REGISTRANTS

If you are registering a .info domain name you also agree to: (i) consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the .info Registry Operator and its designees and agents;
(ii) submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
(iii) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
(iv) acknowledge that the Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.

18. ADDITIONAL REQUIREMENTS FOR .BIZ REGISTRANTS
If you are registering a .biz domain name you also agree to:

BIZ RESTRICTIONS
Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions (“Restrictions”), “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
(a) To exchange goods, services, or property of any kind;
(b) In the ordinary course of trade or business; or
(c) To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain name 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 shall not constitute a "bona fide business or commercial use" of that domain name.


BIZ CERTIFICATION
As a .biz domain name registrant, you hereby certify to the best of your knowledge that:
(a) The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) 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. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
(b) The domain name registrant has the authority to enter into the registration agreement; and
(c) The registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.


DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have 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, available at http://www.secureserver.net/dispute_policy.asp.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.biz/stop_overview/index.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.biz/ardp/docs/rdrp.html.


The STOP 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 Registry Operator or Registrar) over the registration or use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service 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 STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.

The UDRP 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.

The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

DOMAIN NAME DISPUTE POLICY MODIFICATIONS.
You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. 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 modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our 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 set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.

RESERVATION OF RIGHTS
HostNed, and the .biz Registry Operator, NeuLevel, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of HostNed, and/or NeuLevel, , as well as their affiliates, subsidiaries, officers, directors and employees. HostNed, and NeuLevel, also reserve the right to freeze a domain name during resolution of a dispute.

19. PROVISIONS SPECIFIC TO .US REGISTRATIONS

You, the Registrant, shall indemnify and hold harmless NeuStar, the .US Registry, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant’s (i) .US domain name registration and (ii) use of any .US registered domain name.

The Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a .US domain name.

A. Registrants must be either:

1. A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or;
2. An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the district of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions (including a federal, state, orlocal government of the United States, or a political subdivision thereof, and non-commercial organizations based in the United States), or;
3. A foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories that also (i) regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the Unites States, or (ii) maintains an office or other property within the United States.

B. The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories.

Registrant further certifies that HostNed, has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willing volunteered such information. Registrant understands and agrees that such information will be verified and will be shared with the .US Registry.

Registrant understands and agrees that if such information cannot be verified, or if Registrant fails to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.

 

< GENERAL>

1. Waiver of Damages; Limited Liability.
a. CLIENT AGREES THAT NEITHER COMPANY NOR COMPANY'S AFFILIATES SHALL BE LIABLE OR OBLIGATED (EXCEPT AS SET FORTH HEREIN) UNDER THIS AGREEMENT OR UNDER PRINCIPLES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DAMAGES WHATSOEVER, INCLUDING INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO COMPANY'S SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. Client acknowledges that Pursuant to Section 512 of the Digital Millennium Copyright Act, Company has a policy providing for termination of account holders who are repeat offenders. However, CLIENT ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.

c. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $500.00 U.S.

d. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.

e. If you have chosen the virus scanner, please be advised that this virus scanner may not be able to detect or repair all viruses and variants, as new viruses and variants frequently appear. Please be aware that there is a risk involved whenever downloading email attachments to your computer or sending email attachments to others and that, as provided in the Terms of Service, neither HostNed.com nor its licensors are responsible for any damages caused by your decision to do so.
 

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold HostNed.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HostNed.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostNed.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostNed.com's web hosting accounts; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from HostNed.com's webhosting package.

DISCLAIMER
HostNed.com will not be responsible for any damages your business may suffer. HostNed.com makes no warranties of any kind, expressed or implied for services we provide. HostNed.com disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HostNed.com and its employees. HostNed.com reserves the right to revise its policies at any time.

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