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SERVICE AGREEMENT
This Service Agreement ("Agreement") sets forth the terms and conditions of your use of various services of RSH Web Services. ("RSH Web Services"). By requesting services from RSH Web Services, you represent that you have read and agreed to be bound by all terms and conditions of this Agreement, including the
Dispute Policy, and any
rules or policies that are or may be published by RSH Web Services. You acknowledge that RSH Web Services may modify this Agreement if necessary. In this Agreement, "you" and "your" refer to the party requesting services from RSH Web Services, and "we", "us" and "our" refer to RSH Web Services.
1.) Dispute Policy
You agree to be bound by the current RSH Web Services Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at
http://domain.rshweb.biz/dispute.html. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. RSH Web Services may modify the Dispute Policy in its sole discretion at any time. Your continued designation of RSH Web Services as the registrar of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time a third party challenges your domain name.
2.) 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 willfully providing inaccurate information or willfully 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 are nonetheless the holder of record of the domain name and are responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information.
You acknowledge that RSH Web Services 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 RSH Web Services may or must make available to the public or to private entities. Additionally, as further consideration for the services provided by RSH Web Services, we may disclose such information to other third parties. You may request a copy of your information in RSH Web Services possession to review, modify or update such information.
3.) Use Policies
You agree to use your domain name only in accordance with applicable laws.
4.) Fees
As consideration for the services provided to you by RSH Web Services, you agree to pay to RSH Web Services the applicable fees for such services. With respect to domain name registration and related services, if at any time any fees or other charges payable to the registry for a domain name registered by RSH Web Services on your behalf, or fees or other charges payable to ICANN or any other regulatory body on account of such domain name, shall increase, or any additional fee, tax or charge shall become due and payable to any third party related to a domain name registered by RSH Web Services on your behalf,
fee payable by you to RSH Web Services under this Registration Agreement will increase by such amount. All fees are non-refundable. You will be notified when renewal fees are due. Should these fees go unpaid by the time specified in the renewal notice, RSH Web Services shall have the right to cancel your registration and delete your domain name. Unless otherwise agreed, payment shall be made by credit card and your domain name will not be registered unless we receive appropriate authorization from your credit card company.
You agree that RSH Web Services shall have the exclusive right to act as registrar of your domain name for the initial term of registration.
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 re-main the domain name holder, and remain responsible for all obligations under this Agreement.
6.) Limitation of Liability
YOU AGREE THAT RSH WEB SERVICES 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 RSH WEB SERVICES REGISTRATION SYSTEM; (D) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND RSH WEB SERVICES; (E) EVENTS BEYOND RSH WEB SERVICES REASONABLE CONTROL; (F) THE PROCESSING OF YOUR 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, RSH WEB SERVICES 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 RSH WEB SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.) Indemnity
You agree to defend, indemnify and hold harmless RSH Web Services, its affiliates and business partners, and any applicable domain name registry, including without limitation Network Solutions, Inc., and the directors, officers, employees and agents of each of them, from and against any and all claims, actions, losses, damages, expenses and costs, including reasonable attorneys' fees and expenses, arising out of or relating to (i) your domain name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, or (iii) any third party claim, action, or demand related to your domain name or the use thereof.
8.) Representations and Warranties
You represent and warrant that all information provided by you in connection with your registration is complete and accurate and that you have full capacity and authority to enter into this Agreement. RSH Web Services makes no representations or warranties of any kind in connection with this Agreement. RSH Web Services does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.
9.) Breach and Revocation
You must remedy any breach of your obligations under this Agreement within 30 days after notice by RSH Web Services. If you fail to cure the breach within such period, RSH Web Services shall have the right in its sole discretion to delete, revoke, suspend, transfer or otherwise modify your registration of the domain name.
You also agree that RSH Web Services shall have the right in its sole discretion to delete, revoke, suspend, transfer or otherwise modify a domain name registration at such time as RSH Web Services receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the deletion, revocation, suspension, transfer or modification of the domain name registration.
10.) Right of Refusal
RSH Web Services, in its sole discretion, reserves the right (i) to refuse to register or reserve your chosen domain name and (ii) to provide any other service requested. Further, RSH Web Services reserves the right to delete your domain name within thirty (30) days after receipt by RSH Web Services of payment for such services, or the date of registration of your domain name, if later. In the event that we do not register or reserve your domain name or provide other requested services, or we delete your domain name within such thirty (30) day period, we agree to refund your applicable fees paid. You agree that RSH Web Services shall not be liable to you for any loss or damages that may result from our refusal to provide any such services, or the deletion of your domain name.
11.) Governing Law
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Ohio, as if the Agreement was a contract wholly entered into and wholly performed within the State of Ohio.
12.) Modifications to Agreement
During the term of this Agreement, you agree that RSH Web Services may revise, amend or modify the terms and conditions of this Agreement, including the Dispute Policy. Any such change will be binding and effective immediately on the date on which the revised Agreement is posted on our web site or on which notification of such changes is sent to you by e-mail or United States mail, as applicable. You agree to review RSH Web Services web site periodically to keep track of any such changes to the Agreement. Such changes will remain binding on you until such time as RSH Web Services is no longer the registrar of your domain name. If any such change constitutes a materially adverse change to you, you may change the term of this Agreement.
Except as otherwise expressly provided above, no provision of this Agreement, including the Dispute Policy, may be amended or modified by you except by means of a written document signed by RSH Web Services.
13.) General
This Agreement, including without limitation the fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitutes the complete and exclusive agreement between you and RSH Web Services, and supersedes and governs all prior proposals, agreements, or other communications. If your domain name is parked on RSH Web Services servers but not in active use, you agree that RSH Web Services may point such domain name to an under construction or registered or reserved style page designated by RSH Web Services until you request otherwise. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of RSH Web Services to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by RSH Web Services 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 shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. RSH Web Services will 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 RSH Web Services as reflected in the original provision. All provisions of sections 2 through 13 of this Agreement shall survive the termination or other expiration of this Agreement.
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