• Fee Policy
  As consideration for the WebHostingSpace.Net's domain name registration, administration, and renewal services, you agree to pay all initial registration fees and applicable renewal fees with respect to each TLD name registered in US Dollars at the time of registration or renewal. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled, or transferred prior to the end of your then current registration term. We also reserve the right to change domain name registration and renewal fees at any time for any reason at our sole discretion. If you do not pay any initial fees or renewal fees when due or your credit card charge is not accepted for any reason within three (3) business days after any initial fee is due or within ten business days after any renewal fee is due, or in the event of any charge back of any payment at any time, we will have the right to immediately cancel all TLD names for which payment was not received, without further notice. In the case of renewals, we will notify the billing contact on the WHOIS directory with respect to the TLD name eligible for renewal, and it shall be your responsibility to ensure that all such fees are paid prior to the expiration of the term of registration of each TLD name you wish to renew. You agree that we shall have no liability whatsoever with respect to any such cancellation. We reserve the right to adjust our registration and renewal fees prospectively upon fifteen (15) calendar days prior notice.
  
• No Guarantee of Registration or Renewal
  By signing this agreement, you agree that WebHostingSpace.Net cannot guarantee you will be able to register or renew any specific domain name, even if your inquiry indicates that domain name is available. Even if a domain name appears to be available, you acknowledge that WebHostingSpace.Net cannot know with certainty whether or not another party is simultaneously seeking the domain name you are seeking to register, or whether there are any inaccuracies or errors in the domain name registration or renewal process or in the WHOis and other databases. You also agree that WebHostingSpace.Net may elect to accept or reject your application for registration or renewal for any reason at its sole discretion. Such rejection may include, but is not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also agree that WebHostingSpace.Net is not liable or responsible in any way for any omissions, errors or any other actions by any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You also agree to indemnify, defend and hold harmless the applicable registry administrator and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, expenses, and costs (including reasonable legal fees and expenses) arising out of, or related to, your submission for and registration, renewal, or failure to register or renew a particular domain name or names.
  
• Term & Registration Period.
  The term of this Agreement will continue to be in force during the time in which you have any TLD name registered through us. At your discretion, we will register each TLD name for a period of one (1) to ten (10) years for .com, .net and .org.
  
• Overview of Dispute Policy.
  By signing this agreement, you agree to be bound by Uniform Domain Name Dispute Resolution Policy . This dispute policy is incorporated into this Agreement by reference. Any disputes regarding the right to use your TLD name will be subject to the Uniform Domain Name Dispute Resolution Policy (the Dispute Policy). WebHostingSpace.Net may modify the Dispute Policy at our sole discretion at any time in accordance with the ICANN Agreement or any ICANN/Registry Policy. Your continued use of our registration services after modification to the Dispute Policy effectively constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your TLD name be cancelled or transferred to another registrar. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your TLD name is challenged by a third party.
  
• Registration Data.
  When you register or transfer a domain name, you are required to provide us with certain information. This information includes:
  1. Your full name, postal address, e-mail address, voice telephone number, and fax number if available;
  2. The name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
  3. The IP addresses of the primary nameserver and any secondary nameserver(s) for the TLD name;
  4. The corresponding names of those nameservers;
  5. The full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the TLD name;
  6. The full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the TLD name;
  7. The name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the TLD name; and
  8. Any remark concerning the registered TLD name that should appear in the WHOIS directory.
  
  You agree to update this information to keep it current, complete and accurate. You also agree and understand that the foregoing registration data will be publicly available and accessible on the WHOIS directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement.
  

1. At any time pursuant to any ICANN/Registry Policy now in effect or hereafter adopted,
2. To correct mistakes by us, another accredited registrar or the Registry in registering TLD name(s), including but not limited to the correction of erroneous or inadvertent deletions of TLD names, or in connection with the resolution of disputes in accordance with the Dispute Policy, or
3. In the event of any breach of any representation, warranty, agreement or other provision of this Agreement, upon e-mail notice of such breach and the expiration of a fifteen (15) calendar day cure period.
   
   

1. The transmission of unsolicited, commercial e-mail (Spam); or
2. High volume, automated, electronic processes that apply to the Registry for large numbers of TLD names, except as reasonably necessary to register TLD names or modify existing registrations; or
3. High volume, automated, electronic, repetitive queries except as reasonably necessary to register TLD names or modify existing registrations.

Use of Agents.
You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he, she or it is authorized to apply for our services on your behalf, that he, she or it is authorized to bind you to the terms and conditions of this Agreement and that he, she or it has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund fees paid by you or your agent on your behalf for any reason, including, but not limited to, in the event that your agent fails to comply with the terms and conditions of this Agreement, your agent incorrectly provides information in the application process or if your agent changes or otherwise modifies your TLD name record incorrectly.

• LICENSE AND SOFTWARE
  You agree that WebHostingSpace.Net owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative work generated from those databases. Additionally, you hereby grant to WebHostingSpace.Net a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information:
  
  1. The original creation date of a domain name registration,
  2. The expiration date of a domain name registration,
  3. The name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration,
  4. Any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and
  5. Any other information we generate or obtain in connection with the provision of the Services. WebHostingSpace.Net does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this agreement.

  In this Agreement, Software means any CGI script created by WebHostingSpace.Net, the set of technical specifications provided by us, and the real-time Registration system provided by us to the Member.
  
  WebHostingSpace.Net hereby grants the Member a non-exclusive, non-transferable, worldwide limited license to use the Software to facilitate domain name registration services during the Term. It is intended that the Software will enable the Member to use WebHostingSpace.Net to register domain names on behalf of its top-level domain name holders.
  
  Notwithstanding any other provision in this Agreement, the Member shall not, except with the written consent of WebHostingSpace.Net:

  1. Sub-license the Software or otherwise permit any use of the Software by another party,
  2. Publish, distribute or permit disclosure of the Software other than to employees, contractors and agent of the Member on a needs-to-know basis;
  3. Recompile, reverse engineer, copy or re-engineer the Software for any unauthorized purpose; or
  4. Use or permit use of the Software in violation of any applicable regulation or law.

  Although there is no fee attached to the CGI script, it is given with the assurance and reliance that this CGI script will be used for the express and specific purpose of connecting with WebHostingSpace.Net and will not be used with another registrar or their agent.
  
  You may only redistribute this CGI script on web sites that you author or that is authored by one of your agents with the explicit understanding that domain names obtained by this CGI script will be derived solely and exclusively from WebHostingSpace.Net.
  
  The Member agrees to employ the necessary measures to prevent the WebHostingSpace.Net from being used for:
  

  1. The transmission of unsolicited, commercial e-mail (Spam) to entities other than the Member's customers;
  2. High volume automated, electronic, repetitive queries for the purpose of extracting data to be used for the Member's purposes,
  3. The use of data to compile or infer customer identity or other demographic or firm information.
     
• Terms of Agreement:
  You will abide by any additional copyright laws that apply to the authorship of this CGI script.
  
• LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES.
  LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY ACT OR OMISSION OF YOU OR YOUR AGENT (WHETHER AUTHORIZED OR UNATHORIZED) (a) ANY LOSS OF REGISTRATION OF ANY TLD NAME, (b) THE USE OF YOUR TLD NAME OR PASSWORD, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND US; (e) EVENTS BEYOND OUR CONTROL; (f) THE PROCESSING OF ANY TLD NAME REGISTRATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR TLD NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, WE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR REGISTRATION OF THE TLD NAME IN CONTROVERSY DURING THE PRIOR ONE (1) YEAR PERIOD. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
  DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  
  DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SOFTWARE OR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SOFTWARE OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR WEBSITE WILL BE CORRECTED. WE DO NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR SOFTWARE OR WEBSITE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
  
• Indemnity.
  You agree to defend, indemnify and hold us harmless and any applicable TLD name registry, including WebHostingSpace.Net, Inc., and the shareholders, directors, officers, employees, affiliates and agents of us and them, from and against any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action, proceeding, suit or demand arising out of or related to:
  
  1. Any TLD name registered by you or the transfer or use thereof,
  2. Any dispute concerning a TLD name,
  3. Your breach (or the breach by any of your officers, agents, employees or other representatives) of any agreement contained in this Agreement, or
  4. Any cancellation, suspension (e.g. registrar lock or hold) or transfer of any TLD name in accordance with this Agreement.
     
  This indemnification is in addition to any indemnification required under the Dispute Policy.
  
• Representations and Warranties.
  You represent and warrant that all information provided by you in connection with your registration is complete and accurate. You represent and warrant each time you register a TLD name that, to the best of your knowledge and belief, neither the registration of the TLD name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. In applying for a TLD name, you represent and warrant that the registration is not made in bad faith and that the name does not conflict with another TLD name. We make no representation or warranties of any kind in connection with this Agreement. Specifically but without limitation, we do not represent or warrant that registration of your TLD name will immunize you from challenges to your TLD name. We are not bound by nor should you rely on any representation or warranty made by any agent, representative or employee of any third party that you may use to apply for our services.
  
• Breach and Revocation; Notice of Cancellation, Etc.
  Except as otherwise specified in this Agreement, any breach by you of this Agreement or the Dispute Policy must be remedied by you within five (5) business days following e-mail notice by us to you. Such notice shall be deemed delivered when sent to the e-mail address then on record for your administrative contact in the WHOIS directory. If you fail to cure the breach within such cure period, we may terminate this Agreement, cancel your registration of the TLD name(s), transfer such TLD names to another person or entity and/or seek any remedy available at law or in equity including but not limited to obtaining an injunction or specific performance. Our remedies shall not be deemed exclusive and affecting any one or more of the foregoing remedies shall not be deemed an election of remedies. Except as otherwise specified in this Agreement, notice of revocations, suspensions, transfers, or cancellations of your TLD name(s) by us pursuant to this section will be provided to you within five (5) business days following the taking of such action.
  
• Cancellation During Preliminary 30 Day Period; Right of Refusal to Register.
  Pursuant to ICANN Registry Policy, we reserve the right to refuse to register any TLD name(s), or to cancel, transfer or suspend any TLD name(s) registered with us within the first thirty (30) calendar days following receipt of your payment for such registration(s). In the event we do not register a TLD name or we cancel or transfer a TLD name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) with respect to such TLD name that you have paid to us. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register any TLD name(s) or the cancellation or transfer of any TLD name(s).
  
• Governing Law; Jurisdiction; Waiver of Trial by Jury.
  THIS AGREEMENT AND ALL RIGHTS HEREUNDER SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO SUCH STATE'S POLICIES RELATING TO CONFLICT OF LAWS. ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT OR TO YOUR OR YOUR AGENT'S USE OF OUR SERVICES SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF ALAMEDA COUNTY OF CALIFORNIA LOCATED IN OAKLAND, CALIFORNIA. FOR THE ADJUDICATION OF DISPUTES CONCERNING OR ARISING FROM THIS AGREEMENT OR THE USE OF ANY TLD NAME(S), YOU AGREE TO SUBMIT, WITHOUT PREJUDICE TO OTHER POTENTIALLY APPLICABLE JURISDICTIONS, TO THE JURISDICTION OF THE COURTS (I) OF YOUR DOMICILE, AND (II) OF CALIFORNIA, USA, OR THE U.S. COUNTY COURT FOR ALAMEDA COUNTY OF CALIFORNIA LOCATED IN OAKLAND, CALIFORNIA. YOU WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH PROCEEDING.
  
• Notices.
  Except as otherwise specifically stated herein, you agree that all notices from us to you shall be delivered by posting such notices on our website and shall be deemed delivered and effective fifteen (15) calendar days after such posting. Notices from you to us shall be by e-mail to our appropriate e-mail address as specified on our website, and shall be deemed delivered when received by e-mail. The foregoing notwithstanding, you understand and agree that any e-mails received by us from any e-mail address provided to us or set forth as a contact address (whether billing, technical or administrative) with respect to your TLD name shall be deemed to have been sent by you or your duly authorized agent having the actual and apparent authority to act to bind you. We intend to rely on any such correspondence.
  
  General.
  This Agreement, our fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior or concurrent proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us. Our failure to require your performance of any provision hereof shall not affect the right to require such performance 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. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement, but such provision shall be automatically amended and replaced with a provision that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. No provision of this Agreement, including our fee schedule and the Dispute Policy, may be amended or modified by you except by means of a written document signed by us. We may modify this Agreement at any time by posting such modification(s) on our website. Such modifications will become effective 15 calendar days after posting. Your continued use of our registration services after such modification(s) become(s) effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your TLD name(s) be cancelled or transferred to another registrar. This Agreement shall not confer any benefits upon any person or entity other than you and WebHostingSpace.Net, and shall not be construed to create any obligation by WebHostingSpace.Net to any non-party.
  

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