Domain Name Registration Policy
up for IvcHosting's services, all customers agree to comply with IvcHosting'
IvcHosting 's services with due regard to the rights of other Internet users
and in conformity with the requirements of IvcHosting 's network environment.
In this Service Agreement ("Agreement") "you" and "your" refer to each customer
and "we", us" and "our" refer to IvcHosting. This Agreement explains our obligations
to you, and explains your obligations to us for our various services. By selecting
our service(s) you have agreed to establish an account with us for such services.
When you use your account or permit someone else to use it to purchase or
otherwise acquire access to additional service(s) or to cancel your IvcHosting
service(s) (even if we were not notified of such authorisation), this Agreement
covers such service or actions. By using the service(s) provided by IvcHosting
under this Agreement, you acknowledge that you have read and agree to be bound
by all terms and conditions of this Agreement and any pertinent rules or policies
that are or may be published by us.
of a Domain Name. We cannot and do not check to see whether the domain name
you select, or the use you make of the domain name, infringes legal rights
of others. We urge you to investigate to see whether the domain name you select
or its use infringes legal rights of others, and in particular we suggest
you seek advice of competent counsel. You may wish to consider seeking one
or more trademark registrations in connection with your domain name. You should
be aware that there is the possibility we might be ordered by a court to cancel,
modify or transfer your domain name. You should be aware that if we are sued
or threatened with lawsuit in connection with your domain name, we may turn
to you to hold us harmless and indemnify us.
3. Fees, Payment
and Term. As consideration for the services you have selected, you agree to
pay IvcHosting the applicable service(s) fees. Registration will not be processed
until payment for services is verified or received. All fees payable for domain
name thereunder are non refundable unless we provide otherwise. This section
does not apply to fees payable for IvcHosting's Web Hosting and Web Hosting
services. Payment policy for Web Hosting can be found at our Billing Policy
Documentation. As further consideration for the domain name service(s), 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 hereby grant IvcHosting the right to disclose to third parties such Account
Information. The Registrant, by completing and submitting the Domain Name
Registration Agreement ("Registration Agreement"), represents that the statements
in its application are true and that the registration of the selected Domain
Name, so far as the Registrant is aware, does not interfere with or infringe
upon the rights of any third party. The Registrant also represents that the
Domain Name is not being registered for any unlawful purpose.
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 IvcHosting's website, or on notification to you by e-mail
or by telephone or by mail. You agree to review IvcHosting's website, including
the Agreement, periodically to be aware of any such revisions. If you do not
agree with any revision to the Agreement, you may terminate this Agreement
at any time by providing us with notice by email or by fax. Notice of your
termination will be effective on receipt and processing by us. You agree that,
by continuing to use the IvcHosting services following notice of any revision
to this Agreement or change in service(s), you abide by any such revisions
or changes. You further agree that we, in our sole discretion, may modify
our Dispute Policy at any 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.
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 unauthorised use. In no event will we be liable for the
unauthorised use or misuse of your Account Identifier or Password.
6. 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 our current Domain Name Dispute Policy ("Dispute Policy") which is incorporated
herein and made a part of this Agreement by reference.
7. 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 your domicile, the courts of the geographic
location indicated by your WHOIS information for your domain name, and the
courts of the DuPage County, Illinois.
You agree that, if an agent for you (i.e., an Internet Service Provider, employee,
etc.) purchased Hostway service(s) on your behalf, you are nonetheless bound
as a principal by all terms and conditions herein, including the Dispute Policy.
We 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.
of Liability. You agree that our entire liability, and your exclusive remedy,
with respect to any IvcHosting services(s) provided under this Agreement and
any breach of this Agreement is solely limited to the amount you paid for
such service(s). IvcHosting shall not be liable for any direct, indirect,
incidental, special or consequential damages resulting from the use or inability
to use any of the IvcHosting 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 mis-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorised 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 development
or interruption of your website or email service. The registrant agrees that
IvcHosting will not be liable for any loss of registration and use of registrant's
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 IvcHosting has been advised of the possibility of such damages. In
no event shall IvcHosting's maximum liability exceed five hundred (USD 500.00)
11. No Guarantee.
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.
of Warranties. You agree and warrant that the information that you provide
to us to register or reserve your domain name or register for other IvcHosting
service(s) is, to the best of your knowledge and belief, accurate and complete,
and that any future changes to this information will be provided to us in
a timely manner according to the modification procedures in place at that
time. You agree that your use of our IvcHosting service(s) is solely at your
own risk. You agree that such service(s) is provided on an "as is," "as available"
basis. IvcHosting expressly disclaims 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. IvcHosting
makes no warranty that the IvcHosting service(s) will meet your requirements,
or that the service(s) will be uninterrupted, timely, secure, or error free;
nor does IvcHosting 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 IvcHosting email service or that defects
in the IvcHosting service(s) software will be corrected. You understand and
agree that any material and/or data downloaded or otherwise obtained through
the use of the IvcHosting 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.
IvcHosting makes no warranty regarding any goods or services purchased or
obtained through the service or any transactions entered into through service.
No advice or information, whether oral or written, obtained by you from IvcHosting
or through the service shall create any warranty not expressly made herein.
Some jurisdictions do not allow the exclusion of certain warranties, so some
of the above exclusions may not apply to you.
You agree that we may delete your domain name or terminate your right to use
other IvcHosting service(s) if the information that you provided to register
or reserve your domain name or register for other IvcHosting service(s), or
subsequently to modify it, contains false or misleading information, or conceals
or omits any information we would likely consider material to our decision
to register or reserve your domain name. You agree that we may, in our sole
discretion, delete or transfer your domain name at any time.
14. 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 IvcHosting service(s),
or to delete your domain name 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 IvcHosting service(s), or we delete
your domain name or other IvcHosting service(s) within such thirty (30) calendar
day period, we agree to refund your applicable fee(s) minus the credit card
processing fee and the domain ragistration fee (if any). You agree that we
shall not be liable to you for loss or damages that may result from our refusal
to register or reserve, or delete your domain name or register you for other
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.
The failure of IvcHosting to require performance by the Registrant of any
provision hereof shall not affect the full right to require such performance
at any time thereafter; nor shall the waiver by IvcHosting of a breach of
any provision hereof be taken or held to be a waiver of the provision itself.
You agree that this Agreement, the rules and policies published by IvcHosting
and the Dispute Policy are the complete and exclusive agreement between you
and us regarding our IvcHosting services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether established by
custom, practice, policy or precedent.
You attest that you are of legal age to enter into this Agreement.
of Agreement. You acknowledge that you have read this Agreement and agree
to all its terms and conditions. You have independently evaluated the desirability
of participating in the affiliate network and are not relying on any representation,
guarantee or statement other than as set forth in this Agreement.