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- AGREEMENT. In this Service Agreement ("Agreement") "you" and
"your" refer to each customer, "we", us" and "our" refer to
Elite Digital Information Services, Inc. and "Services" refers to the services
provide by us. This Agreement explains our obligations to you, and
explains your obligations to us for various Services. By selecting our
Services 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 Services or to
cancel your Services (even if we were not notified of such
authorization), this Agreement covers such service or actions. By
using the Services 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.
- DOMAIN SELECTION. We cannot and do not check to see whether the domain
name you select, or the use you make of the domain name, infringes upon the 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, you hold us harmless and indemnify us.
- FEES, PAYMENT AND TERM. As consideration for the services you have selected, you agree to
pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we
provide otherwise. As further consideration for the Services, 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 us
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.
- MODIFICATIONS 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 our web site, or on notification to
you by e-mail or regular mail as per the Notices section of this agreement, Section 20. You agree to
review our web site, 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 e-mail or regular mail as per the Notices section of this agreement,
Section 20. Notice of your termination will be effective on receipt and processing by us. You agree
that, by continuing to use the 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.
- MODIFICATIONS 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 unauthorized
use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or
Password.
- REFERENED DOMAIN NAME 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. The current version of the Dispute Policy is found on our web site: UDRP.
Additionally, you agree to be bound by any and all terms of interested to you
within our RSP agreement with OpenSRS, which is incorporated herein and made part of this Agreement by reference. The current version of the RSP agreement is on our web site:
UDRP.
Please take the time to familiarize yourself with all of our policy.
- 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 province of British Columbia.
- AGENTS. You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.)
purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and
conditions herein, including the Dispute Policy.
- ANNOUNCEMENTS. 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.
- LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with
respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely
limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any
direct, indirect, incidental, special or consequential damages resulting from the use or inability to use
any of the 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 unauthorized 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 Web site or email service. The registrant agrees that we 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 we have been advised of the possibility of such damages. In no event shall our maximum
liability exceed five hundred ($500.00) dollars.
- INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees,
officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's
fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or
your use of the Services, including without limitation infringement by you, or someone else using the
E-mail Service with your computer, of any intellectual property or other proprietary right of any
person or entity, or from the violation of any of our operating rules or policy relating to the service(s)
provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we
may seek written assurances from you concerning your promise to indemnify us; your failure to
provide those assurances may be considered by us to be a breach of your Agreement and may result
in deactivation of your domain name.
- BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or
policy or the Dispute Policy provided by us, may be considered by us to be a material breach and
that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar
days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us,
that you have not breached your obligations under the Agreement, then we may delete the
registration or reservation of your domain name or terminate your e-mail account without further
notice. Any such breach by you shall not be deemed to be excused simply because we did not act
earlier in response to that, or any other breach by you.
- NO GUARANTY. 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.
- DISCLAIMER 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 Services 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 Services is solely at your own risk. You agree that such Service(s) is
provided on an "as is," "as available" basis. we 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. We make no warranty that the Services will
meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor
do we 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 our e-mail service or that
defects in the Services software will be corrected. You understand and agree that any material
and/or data downloaded or otherwise obtained through the use of the our e-mail 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. We
make no warranty regarding any goods or services purchased or obtained through the e-mail service
or any transactions entered into through the e-mail service. No advice or information, whether oral or
written, obtained by you from us or through the e-mail 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.
- REVOCATION. You agree that we may delete your domain name or terminate your right to use
other Services if the information that you provided to register or reserve your domain name or
register for other Services, 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.
- 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 Services, 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 Services, or we delete your domain
name or other Services within such thirty (30) calendar day period, we agree to refund your
applicable fee(s). 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
Services.
- SEVERABILITY. 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.
- NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be construed as
creating any agency, partnership, or other form of joint enterprise between the parties.
- NON-WAIVER. Our failure 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 us
of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- NOTICES. Any notice, direction or other communication given under
this Agreement shall be in writing and given by sending it via e-mail
or via regular mail. In the case of e-mail, valid notice shall only
have been deemed to have been given when an electronic confirmation of
delivery has been obtained by the sender, in the case of notice to us
to hostmaster@elitedigital.net or,
in the case of notice to you, at the e-mail
address provided by you in your application or as
updated from time to time. Conventional mail must be sent to:
Elite Digital Information Services, Inc.
9470 SW 11th Street, Suite #102
Miami, FL 33174
US
Similarly, to you at the mailing address provided in your application or as updated from time to time. Any e-mail communication
shall be deemed to have been validly and effectively given on the date
of such communication, if such date is a business day and such
delivery was made prior to 5:00 P.M. (Eastern time) and otherwise on
the next business day. Any communication sent via regular mail shall
be deemed to have been validly and effectively given 5 business days
after the date of mailing.
- ENTIRETY. You agree that this Agreement, the rules and policies
published us and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our Services. This Agreement
and the Dispute Policy supersede all prior agreements and
understandings, whether established by custom, practice, policy or
precedent.
- GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF FLORIDA, THE FEDERAL LAWS OF
THE UNITED STATES AND APPLICABLE THEREIN WITHOUT
REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING
TO THIS AGREEMENT MUST BE BROUGHT IN THE FLORIDA STATE COURTS
AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
- INFANCY. You attest that you are of legal age to enter into this Agreement.
- ACCEPTANCE 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 THIS SERVICE AND
ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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