Domain Name Registry
REGISTRATION AGREEMENT - Terms of Service
This
Registration Agreement ("Agreement") sets forth the terms
and conditions of your use of Todays Graphics Inc. to register a domain
name on the Internet. To complete the registration process, you must
read and agree to be bound by all terms and conditions of this Agreement,
the accompanying fee schedule and dispute policy, and any rules or policies
that are or may be published by Todays Graphics Inc.. This Agreement
will become effective when accepted by Todays Graphics Inc.. You acknowledge
that Todays Graphics Inc. may modify this Agreement if necessary.
AUTHORITY
Person registering domain name ("Registrant") hereby authorizes
and instructs Todays Graphics Inc. ("todaysgraphics.com")
to act as agent and on Registrants behalf to manage any domain name
registrant orders through (todaysgraphics.com). This authority extends
to todaysgraphics.com accessing Registrants domain name file to modify
incorrect data and to manage all other aspects of this domain name.
1.
Fees
A. As consideration for the domain name registration services provided
by Todays Graphics Inc., you shall pay all applicable initial registration
fees and renewal fees. You will be notified when renewal fees are due,
and it shall be your responsibility to ensure that such fees are paid.
Should these fees go unpaid by the time specified in the renewal notice,
your registration will be cancelled. You agree that Todays Graphics
Inc. shall have no liability whatsoever with respect to any such cancellation,
and that Todays Graphics Inc. may cancel or reassign the domain name
in the event of delinquency. Current fees are only the $70.00 InterNIC
fee for EACH domain name for each two year period.
B. All fees are non-refundable.
C. Deletion services will be rendered on a per case basis. This service
is not guaranteed and provided at the sole discretion of todaysgraphics.com
and in no circumstances ever be granted past 24 hours from your original
registration request regardless of the reason. This delete service is
an exclusive "commercial courtesy" to clients of todaysgraphics.com
to enable you to delete domain name registrations incase of a typo.
There is a non-refundable $25 service fee to process a delete request.
D. In the event of a charge back by a credit card company in connection
with the payments of the registration or renewal fee for your domain
name registration, you agree and acknowledge that the domain name registration
shall be transferred to todaysgraphics.com as the paying entity for
that registration to the registry and that we reserve all rights regarding
such domain name including, without limitation, the right to make the
domain name available to other parties for purchase. We will reinstate
your domain name registration solely at our discretion, and subject
to our receipt of the initial registration or renewal fee and our then-current
reinstatement fee, currently set at US$200.
2.
Dispute Policy
In applying for a domain name, you warrant that the registration is
not made in bad faith and that the name does not conflict with another
domain name. You agree to be bound by the current ICANN Uniform Domain
Name Dispute Resolution Policy ("Dispute Policy") which is
incorporated into this Agreement by reference. The Dispute Policy can
be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm.
Any disputes regarding the right to use your domain name will be subject
to the Dispute Policy. Todays Graphics Inc. may modify the Dispute Policy
in its sole discretion at any time. Your continued registration of your
domain name after modification to the Dispute Policy becomes effective
constitutes your acceptance of those modifications. If you do not agree
to such a modification, you may request that your domain name be deleted.
You agree that you will be subject to the provisions specified in the
Dispute Policy in effect at the time your domain name is challenged
by a third party. You also agree that in the event a domain name dispute
arises with any third party, you will indemnify, defend and hold Todays
Graphics Inc. harmless.
3.
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 providing inaccurate information or 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 remain responsible for providing
your own full contact information and for providing and updating accurate
technical, administrative, and zone contact information.
You acknowledge that Todays Graphics Inc. 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 Todays Graphics Inc. may or must make available to
the public or to private entities. Todays Graphics Inc. will not otherwise
disclose your information to any third party unless it is required to
maintain your domain name. You may request a copy of your information
in Todays Graphics Inc.'s possession to review, modify or update such
information.
4.
Use Policies
Todays Graphics Inc. reserves the right to suspend or cancel your domain
name in the event that you use the domain name to send unsolicited commercial
advertisements in contradiction to either applicable laws or customary
acceptable usage policies of the Internet, or if you use your domain name
in connection with unlawful activity.
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 remain the domain name holder, and remain responsible for all obligations
under this Agreement.
6.
Limitation of Liability
YOU AGREE THAT Todays Graphics Inc. 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 Todays Graphics Inc.'S REGISTRATION SYSTEM; (d)
THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND Todays Graphics
Inc.; (e) EVENTS BEYOND Todays Graphics Inc.'s CONTROL; (f) THE PROCESSING
OF THIS 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, Todays Graphics Inc. 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 Todays Graphics Inc. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Todays Graphics
Inc.'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Todays
Graphics Inc. FOR REGISTRATION OF YOUR DOMAIN NAME. TO THE EXTENT APPLICABLE
STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED
BY LAW.
7.
Indemnity
You agree to defend, indemnify and hold harmless Todays Graphics Inc.
and any applicable Todays Graphics Inc., including Network Solutions,
Inc., and the directors, officers, employees and agents of each of them,
for any loss, damages or costs, including reasonable attorneys' fees,
resulting from any third party claim, action, or demand related to your
domain name or the use thereof. This indemnification is in addition to
any indemnification required under the Dispute Policy.
8.
Representations and Warranties
You represent and warrant that all information provided by you in connection
with your registration is complete and accurate. Todays Graphics Inc.
makes no representation or warranties of any kind in connection with this
Agreement. Todays Graphics Inc. does not represent or warrant that registration
of your domain name will immunize you from challenges to your domain name.
9.
Breach and Revocation
Any
breach by you of this Agreement or the Dispute Policy must be remedied
by you within 30 days of notice by Todays Graphics Inc.. If you fail to
cure the breach, Todays Graphics Inc. may revoke your registration of
the domain name.
You also agree that Todays Graphics Inc. shall have the right in its sole
discretion to revoke, suspend, transfer or otherwise modify a domain name
registration upon seven (7) calendar days prior written notice, or at
such time as Todays Graphics Inc. receives a properly authenticated order
from a court of competent jurisdiction, or arbitration award, re-querying
the revocation, suspension, transfer or modification of the domain name
registration.
10.
Governing Law
This
Agreement and all rights hereunder shall be governed by the laws of the
State of Utah. Any action relating to this Agreement or to your use of
the Todays Graphics Inc. site shall be brought exclusively in the courts
of Utah in the USA.
11.
General
This Agreement, the Todays Graphics Inc. 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 Todays
Graphics Inc., and supersede and govern all prior proposals, agreements,
or other communications.
Nothing contained in this Policy shall be construed as creating any
agency, partnership, or other form of joint enterprise between the parties.
The failure of Todays Graphics Inc. to require your performance of any
provision hereof shall not affect the right to require such performance
thereafter; nor shall the waiver by Todays Graphics Inc. 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. Todays Graphics Inc. may
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 Todays Graphics Inc. as reflected in the original provision.
No
provision of this Agreement, including the Todays Graphics Inc. fee
schedule and the Dispute Policy, may be amended or modified by you except
by means of a written document signed by Todays Graphics Inc..
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