1. Agreement. In this Service Agreement ("Agreement")
"you" and "your" refer
to each customer and "we", us"
and "our" refer to SiteTurn.com.
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 SiteTurn service(s)
(even if we were not notified of such authorization),
this Agreement covers such service or actions.
By using the service(s) provided by SiteTurn.com
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.
2. Selection 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 SiteTurn 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 nonrefundable unless we provide
otherwise. This section does not apply to
fees payable for SiteTurn's Web Hosting
and Web Hosting services. Payment policy
for Web Hosting can be found at: http://SiteTurn.com/web_hosting/policy_billing.htm.
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 SiteTurn 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.
4. 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 SiteTurn.com's
web site, or on notification to you by e-mail
or by telephone or by mail. You agree to
review SiteTurn.com's 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
by fax. Notice of your termination will
be effective on receipt and processing by
us. You agree that, by continuing to use
the SiteTurn.com 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.
5. 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.
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. The current version of the
Dispute Policy may be found at our web site:
http://www.SiteTurn.com/services/dispute_policy.cfm.
Please take the time to familiarize yourself
with such policy.
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.
8. Agents. You agree that, if an agent
for you (i.e., an Internet Service Provider,
employee, etc.) purchased SiteTurn service(s)
on your behalf, you are nonetheless bound
as a principal by all terms and conditions
herein, including the Dispute Policy.
9. 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.
10. Limitation of Liability. You agree
that our entire liability, and your exclusive
remedy, with respect to any SiteTurn.com
services(s) provided under this Agreement
and any breach of this Agreement is solely
limited to the amount you paid for such
service(s). SiteTurn and its 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 SiteTurn.com 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 e-mail
service. The registrant agrees that SiteTurn
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 SiteTurn has been advised of the
possibility of such damages. In no event
shall SiteTurn's maximum liability exceed
five hundred ($500.00) dollars.
11. Indemnity. You agree to release, indemnify,
and hold SiteTurn, its 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 SiteTurn.com services
provided thereunder or your use of the SiteTurn.com
services, including without limitation infringement
by you, or someone else using the SiteTurn.com
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 SiteTurn.com operating
rule 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 SiteTurn.com is threatened
with suit by a third party, SiteTurn.com
may seek written assurances from you concerning
your promise to indemnify SiteTurn.com;
your failure to provide those assurances
may be considered by SiteTurn.com to be
a breach of your Agreement and may result
in deactivation of your domain name.
12. Breach. You agree that failure to abide
by any provision of this Agreement, any
SiteTurn.com operating rule or policy or
the Dispute Policy, 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 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.
13. 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.
14. 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 SiteTurn.com
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 SiteTurn.com service(s) is solely at
your own risk. You agree that such service(s)
is provided on an "as is," "as
available" basis. SiteTurn.com 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.
SiteTurn.com makes no warranty that the
SiteTurn.com service(s) will meet your requirements,
or that the service(s) will be uninterrupted,
timely, secure, or error free; nor does
SiteTurn.com 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 SiteTurn.com e-mail service
or that defects in the SiteTurn.com 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 SiteTurn.com 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. SiteTurn.com 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 SiteTurn.com 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.
15. Revocation. You agree that we may delete
your domain name or terminate your right
to use other SiteTurn.com service(s) if
the information that you provided to register
or reserve your domain name or register
for other SiteTurn.com 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.
16. 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 SiteTurn.com 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 SiteTurn.com
service(s), or we delete your domain name
or other SiteTurn.com service(s) 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 SiteTurn.com service(s).
17. 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.
18. 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.
19. Non-Waiver. The failure of SiteTurn.com
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 SiteTurn.com of a breach of any provision
hereof be taken or held to be a waiver of
the provision itself.
20. Notices. Any notice, direction or other
communication given under this Agreement
shall be in writing and given by sending
it via Customer Support 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 at http:support.siteturn.com. Mail
shall be sent to: SiteTurn Corp., 1 North
State Street 12th Floor, Chicago, IL 60602,
and 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 validly and effectively
given on the date of such communication,
if such date is a business day and such
delivery was made prior to 4:00 p.m. CST
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.
21. Entirety. You agree that this Agreement,
the rules and policies published by SiteTurn.com
and the Dispute Policy are the complete
and exclusive agreement between you and
us regarding our SiteTurn.com services.
This Agreement and the Dispute Policy supersede
all prior agreements and understandings,
whether established by custom, practice,
policy or precedent.
22. Governing Law. You agree that this
Agreement shall be governed in all respects
by and interpreted in accordance with the
laws of the State of Illinois and the federal
laws of the Unites States of America applicable
therein without reference to rules governing
choice of laws. Any action relating to this
agreement must be brought in the County
of DuPage courts located in DuPage County,
Illinois and you irrevocably consent to
the jurisdiction of such courts.
23. Infancy. You attest that you are of
legal age to enter into this Agreement.
24. 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 participating in the affiliate network
and are not relying on any representation,
guarantee or statement other than as set
forth in this agreement.
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(As Approved by ICANN
on October 24, 1999)
1. Purpose. This Uniform Domain Name Dispute
Resolution Policy (the "Policy")
has been adopted by the Internet Corporation
for Assigned Names and Numbers ("ICANN"),
is incorporated by reference into your Registration
Agreement, and sets forth the terms and
conditions in connection with a dispute
between you and any party other than us
(SiteTurn Corporation) over the registration
and use of an Internet domain name registered
by you. Proceedings under Paragraph 4 of
this Policy will be conducted according
to the Rules for Uniform Domain Name Dispute
Resolution Policy (the "Rules of Procedure"),
and the selected administrative-dispute-resolution
service provider's supplemental rules.
2. Your Representations. By applying to
register a domain name, or by asking us
to maintain or renew a domain name registration,
you hereby represent and warrant to us that
(a) the statements that you made in your
Registration Agreement are complete and
accurate; (b) to your knowledge, the registration
of the domain name will not infringe upon
or otherwise violate the rights of any third
party; (c) you are not registering the domain
name for an unlawful purpose; and (d) you
will not knowingly use the domain name in
violation of any applicable laws or regulations.
It is your responsibility to determine whether
your domain name registration infringes
or violates someone else's rights.
3. Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make
changes to domain name registrations under
the following circumstances: a. subject
to the provisions of Paragraph 8, our receipt
of written or appropriate electronic instructions
from you or your authorized agent to take
such action; b. our receipt of an order
from a court or arbitral tribunal, in each
case of competent jurisdiction, requiring
such action; and/or c. our receipt of a
decision of an Administrative Panel requiring
such action in any administrative proceeding
to which you were a party and which was
conducted under this Policy or a later version
of this Policy adopted by ICANN. (See Paragraph
4(i) and (k) below.) We may also cancel,
transfer or otherwise make changes to a
domain name registration in accordance with
the terms of your Registration Agreement
or other legal requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes
for which you are required to submit to
a mandatory administrative proceeding. These
proceedings will be conducted before one
of the administrative-dispute-resolution
service providers listed at http://www.icann.org/udrp/approved-providers.htm
(each, a "Provider"). a. Applicable
Disputes. You are required to submit to
a mandatory administrative proceeding in
the event that a third party (a "complainant")
asserts to the applicable Provider, in compliance
with the Rules of Procedure, that (i) your
domain name is identical or confusingly
similar to a trademark or service mark in
which the complainant has rights; and (ii)
you have no rights or legitimate interests
in respect of the domain name; and (iii)
your domain name has been registered and
is being used in bad faith. In the administrative
proceeding, the complainant must prove that
each of these three elements are present.
b. Evidence of Registration and Use in Bad
Faith. For the purposes of Paragraph 4(a)(iii),
the following circumstances, in particular
but without limitation, if found by the
Panel to be present, shall be evidence of
the registration and use of a domain name
in bad faith: (i) circumstances indicating
that you have registered or you have acquired
the domain name primarily for the purpose
of selling, renting, or otherwise transferring
the domain name registration to the complainant
who is the owner of the trademark or service
mark or to a competitor of that complainant,
for valuable consideration in excess of
your documented out-of-pocket costs directly
related to the domain name; or (ii) you
have registered the domain name in order
to prevent the owner of the trademark or
service mark from reflecting the mark in
a corresponding domain name, provided that
you have engaged in a pattern of such conduct;
or (iii) you have registered the domain
name primarily for the purpose of disrupting
the business of a competitor; or (iv) by
using the domain name, you have intentionally
attempted to attract, for commercial gain,
Internet users to your web site or other
on-line location, by creating a likelihood
of confusion with the complainant's mark
as to the source, sponsorship, affiliation,
or endorsement of your web site or location
or of a product or service on your web site
or location. c. How to Demonstrate Your
Rights to and Legitimate Interests in the
Domain Name in Responding to a Complaint.
When you receive a complaint, you should
refer to Paragraph 5 of the Rules of Procedure
in determining how your response should
be prepared. Any of the following circumstances,
in particular but without limitation, if
found by the Panel to be proved based on
its evaluation of all evidence presented,
shall demonstrate your rights or legitimate
interests to the domain name for purposes
of Paragraph 4(a)(ii): (i) before any notice
to you of the dispute, your use of, or demonstrable
preparations to use, the domain name or
a name corresponding to the domain name
in connection with a bona fide offering
of goods or services; or (ii) you (as an
individual, business, or other organization)
have been commonly known by the domain name,
even if you have acquired no trademark or
service mark rights; or (iii) you are making
a legitimate noncommercial or fair use of
the domain name, without intent for commercial
gain to misleadingly divert consumers or
to tarnish the trademark or service mark
at issue. d. Selection of Provider. The
complainant shall select the Provider from
among those approved by ICANN by submitting
the complaint to that Provider. The selected
Provider will administer the proceeding,
except in cases of consolidation as described
in Paragraph 4(f). e. Initiation of Proceeding
and Process and Appointment of Administrative
Panel. The Rules of Procedure state the
process for initiating and conducting a
proceeding and for appointing the panel
that will decide the dispute (the "Administrative
Panel"). f. Consolidation. In the event
of multiple disputes between you and a complainant,
either you or the complainant may petition
to consolidate the disputes before a single
Administrative Panel. This petition shall
be made to the first Administrative Panel
appointed to hear a pending dispute between
the parties. This Administrative Panel may
consolidate before it any or all such disputes
in its sole discretion, provided that the
disputes being consolidated are governed
by this Policy or a later version of this
Policy adopted by ICANN. g. Fees. All fees
charged by a Provider in connection with
any dispute before an Administrative Panel
pursuant to this Policy shall be paid by
the complainant, except in cases where you
elect to expand the Administrative Panel
from one to three panelists as provided
in Paragraph 5(b)(iv) of the Rules of Procedure,
in which case all fees will be split evenly
by you and the complainant. h. Our Involvement
in Administrative Proceedings. We do not,
and will not, participate in the administration
or conduct of any proceeding before an Administrative
Panel. In addition, we will not be liable
as a result of any decisions rendered by
the Administrative Panel. i. Remedies. The
remedies available to a complainant pursuant
to any proceeding before an Administrative
Panel shall be limited to requiring the
cancellation of your domain name or the
transfer of your domain name registration
to the complainant. j. Notification and
Publication. The Provider shall notify us
of any decision made by an Administrative
Panel with respect to a domain name you
have registered with us. All decisions under
this Policy will be published in full over
the Internet, except when an Administrative
Panel determines in an exceptional case
to redact portions of its decision. k. Availability
of Court Proceedings. The mandatory administrative
proceeding requirements set forth in Paragraph
4 shall not prevent either you or the complainant
from submitting the dispute to a court of
competent jurisdiction for independent resolution
before such mandatory administrative proceeding
is commenced or after such proceeding is
concluded. If an Administrative Panel decides
that your domain name registration should
be canceled or transferred, we will wait
ten (10) business days (as observed in the
location of our principal office) after
we are informed by the applicable Provider
of the Administrative Panel's decision before
implementing that decision. We will then
implement the decision unless we have received
from you during that ten (10) business day
period official documentation (such as a
copy of a complaint, file-stamped by the
clerk of the court) that you have commenced
a lawsuit against the complainant in a jurisdiction
to which the complainant has submitted under
Paragraph 3(b)(xiii) of the Rules of Procedure.
(In general, that jurisdiction is either
the location of our principal office or
of your address as shown in our Whois database.
See Paragraphs 1 and 3(b)(xiii) of the Rules
of Procedure for details.) If we receive
such documentation within the ten (10) business
day period, we will not implement the Administrative
Panel's decision, and we will take no further
action, until we receive (i) evidence satisfactory
to us of a resolution between the parties;
(ii) evidence satisfactory to us that your
lawsuit has been dismissed or withdrawn;
or (iii) a copy of an order from such court
dismissing your lawsuit or ordering that
you do not have the right to continue to
use your domain name.
5. All Other Disputes and Litigation. All
other disputes between you and any party
other than us regarding your domain name
registration that are not brought pursuant
to the mandatory administrative proceeding
provisions of Paragraph 4 shall be resolved
between you and such other party through
any court, arbitration or other proceeding
that may be available.
6. Our Involvement in Disputes. We will
not participate in any way in any dispute
between you and any party other than us
regarding the registration and use of your
domain name. You shall not name us as a
party or otherwise include us in any such
proceeding. In the event that we are named
as a party in any such proceeding, we reserve
the right to raise any and all defenses
deemed appropriate, and to take any other
action necessary to defend ourselves.
7. Maintaining the Status Quo. We will
not cancel, transfer, activate, deactivate,
or otherwise change the status of any domain
name registration under this Policy except
as provided in Paragraph 3 above.
8. Transfers During a Dispute. a. Transfers
of a Domain Name to a New Holder. You may
not transfer your domain name registration
to another holder (i) during a pending administrative
proceeding brought pursuant to Paragraph
4 or for a period of fifteen (15) business
days (as observed in the location of our
principal place of business) after such
proceeding is concluded; or (ii) during
a pending court proceeding or arbitration
commenced regarding your domain name unless
the party to whom the domain name registration
is being transferred agrees, in writing,
to be bound by the decision of the court
or arbitrator. We reserve the right to cancel
any transfer of a domain name registration
to another holder that is made in violation
of this subparagraph. b. Changing Registrars.
You may not transfer your domain name registration
to another registrar during a pending administrative
proceeding brought pursuant to Paragraph
4 or for a period of fifteen (15) business
days (as observed in the location of our
principal place of business) after such
proceeding is concluded. You may transfer
administration of your domain name registration
to another registrar during a pending court
action or arbitration, provided that the
domain name you have registered with us
shall continue to be subject to the proceedings
commenced against you in accordance with
the terms of this Policy. In the event that
you transfer a domain name registration
to us during the pendency of a court action
or arbitration, such dispute shall remain
subject to the domain name dispute policy
of the registrar from which the domain name
registration was transferred.
9. Policy Modifications. We reserve the
right to modify this Policy at any time
with the permission of ICANN. We will post
our revised Policy at at least thirty (30)
calendar days before it becomes effective.
Unless this Policy has already been invoked
by the submission of a complaint to a Provider,
in which event the version of the Policy
in effect at the time it was invoked will
apply to you until the dispute is over,
all such changes will be binding upon you
with respect to any domain name registration
dispute, whether the dispute arose before,
on or after the effective date of our change.
In the event that you object to a change
in this Policy, your sole remedy is to cancel
your domain name registration with us, provided
that you will not be entitled to a refund
of any fees you paid to us. The revised
Policy will apply to you until you cancel
your domain name registration. |