ONLINE-SOLUTIONS.ORG, INC. REGISTRATION & SERVICE AGREEMENT
This Registration and Web Hosting Agreement ("Agreement") sets forth
the terms and conditions of your use of Online-Solutions.org, Inc.'s ("Online-Solutions.org")
domain name registration services to register an Internet domain name, your
registration of that domain name, as well as other Online-Solutions.org domain
name related services including but not limited to web site hosting. In this Agreement
"you" and "your" refer to each customer and "we",
"us" and "our" refer to Online-Solutions.org. This
Agreement explains our obligations to you, and explains your obligations to us
for various Online-Solutions.org 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 Online-Solutions.org service(s) or to cancel your
Online-Solutions.org 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 Online-Solutions.org under this Agreement, you
acknowledge that you have read and agree to be bound by all terms and
conditions of this Agreement, the accompanying dispute policy and any pertinent
rules or policies that are or may be published by Online-Solutions.org.
This Agreement will become effective when
Domain Name Registration or Web Hosting Services are accepted by
Online-Solutions.org. Online-Solutions.org may elect to accept or reject your
domain name registration application for any reason at its sole discretion,
such rejection including, but not limited to, rejection due to a request for
registration of a prohibited domain name.
1. Our Services:
Online-Solutions.org is a third-party
registrar with the Internet Corporation for Assigned Names and Numbers
("ICANN") for Top Level Domain Names (TLDs),
currently .com, .net and .org. ICANN oversees registrations and other aspects
of the TLDs. As an accredited domain name registrar,
Online-Solutions.org is, upon accepting your domain name registration
application, your sponsor for that application. All domain name registrations
we register for TLDs are not effective until we have
delivered the domain name registration information you provide us to the
registry administrator for the TLDs, as applicable,
and the registry administrator puts into effect your domain name registration.
You agree and acknowledge that Online-Solutions.org
is not liable or responsible in any way for any errors, omissions or any other
actions by the registry administrator arising out of or related to your
application and receipt of, or failure to receive, a domain name registration.
You further agree to indemnify, defend
and hold harmless applicable registry administrator(s) and their directors,
officers, employees, and agents from and against any and all claims, damages,
liabilities, costs, and expenses (including any direct, indirect, incidental,
special or consequential damages and reasonable legal fees and expenses)
arising out of, or related to, your domain name registration and/or website
along with any services provided by Online-Solutions.org and/or the company
representatives.
2. What We Do Not Do:
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 also 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 to indemnify us.
3. Fees:
As consideration for the domain name
registration services and/or other services provided by Online-Solutions.org to
you, you agree to pay Online-Solutions.org, prior to the effectiveness of the
desired domain name registration, the applicable service(s) fees for the
initial registration of the domain name and, should you choose to renew the
registration, subsequent renewals of the registration. All fees are
non-refundable, in whole or in part, even if your domain name registration is
suspended, cancelled or transferred prior to the end of your then current
registration term. Your requested domain name will not be registered unless we
receive actual payment of the registration fee, or reasonable assurance of
payment of the registration fee from some other entity (such reasonable
assurance as determined by Online-Solutions.org in its sole discretion).
As further consideration for the
Online-Solutions.org service(s), you agree to:
i. provide certain current, complete
and accurate information about you as required by the registration process and
ii. 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"). In the event of a charge back by a credit card company (or
similar action by another payment provider allowed by us) in connection with
the payments of the registration fee for your domain name registration, you
agree and acknowledge that the domain name registration shall be transferred to
Online-Solutions.org as the paying entity for that registration to the
registry. 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. Charges
for Online-Solutions.org's services may be identified
on your credit card statement as "Domain Name Registration Services"
or under a similar moniker.
You acknowledge that it is your
responsibility to keep your own records and to maintain your own reminders
regarding when your registration is set to expire. As a convenience to you, and
not as a binding commitment, we may notify you via an email message or via your
account information when renewal fees are due to avoid expiration. Should these
fees go unpaid, your registration will expire or be cancelled. Payment must be
made by credit card or such other method as we may indicate in the registration
application or renewal form. If the "auto renew" feature is selected
with respect to your registration, we may attempt to renew your registration a
reasonable time before the expiration of your registration, provided your
credit card or other billing information is available and up to date. You
acknowledge that it is your responsibility to keep your billing information up
to date and that we are not required to, but that we may, contact you to update
this information in the event that an attempted transaction is not processed.
4. Disclaimer, Disputes, and the
Domain Name Dispute Policy:
If you request, reserved or registered a
domain name through us, or transferred a domain name to us from another
registrar, you agree to be bound by Online-Solutions.org's
current Disclaimer published on our site ("Disclaimer") and our
current Domain Name Dispute Policy ("Dispute Policy") which are
incorporated herein and made a part of this Agreement by reference. Certain
disputes, as specified in the Dispute Policy, are subject to that Policy. 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 your domain name registration is
disputed by the third party. You also agree that, in the event a domain name
dispute arises with any third party, you will indemnify and hold
Online-Solutions.org harmless pursuant to the terms and conditions contained in
the Dispute Policy. You also understand that it is important for you to
regularly monitor (at least several times per week) email sent to the email
address associated with the "registrant" in your Account Information because,
among other reasons, if a dispute arises regarding a domain name in your
account, you may loose your rights to the domain name if you do not respond
expeditiously to an email sent in conjunction therewith.
5. Transfer to another Registrar:
You agree that you may not transfer your
domain name registration to another domain name registrar during the first
sixty (365) days from the effective date of your initial domain name registration
with Online-Solutions.org or after the expiration, but before the deletion,
of your domain name. Your request to transfer to another registrar may be
denied in situations which include, but are not limited to, a dispute over
the identity of the domain name holder, bankruptcy, and failure to pay fees
when due. Should Online-Solutions.org find in it's soul discretion to allow
a registrar transfer then you acknowledge and agree to a transfer fee of
$275.00usd payable to Online-Solutions.org
You acknowledge that you assume all risk
for a failure of a transfer process if the transfer process is initiated close
to the end of a registration term.
To prevent transfers not initiated by you,
you agree that we may place a Registrar Lock ("lock") on your
domain name.
6. Modifications to Online-Solutions.org's Agreement and Dispute Policy:
You agree, during the period of this
Agreement, that we, in our sole discretion, may:
i. revise the terms and conditions
of this Agreement and the Dispute Policy; and
ii. change the services provided under this Agreement.
Any such revision or change will be binding and effective within 30 days
of when the revised Agreement or change to the service(s) is posted on Online-Solutions.org's web site. You agree to review Online-Solutions.org's web site, including the Agreement, periodically
to be aware of any such revisions. You agree that, by continuing to use
the Online-Solutions.org services or your continued use of a domain name
registered to you through our services shall constitute your acceptance
of this Agreement and the Dispute Policy with the new modifications. You
acknowledge that if you do not agree to any such changes, that you may request,
by providing us with notice by e-mail at support@Online-Solutions.org.org
or United States mail at the addresses listed in the contact information
found on www.Online-Solutions.org.com, that your domain name registration
be cancelled or transferred to a different domain name registrar. You agree
that such cancellation or request for transfer will be your exclusive remedy
if you do not wish to abide by any changes to this Agreement or the Dispute
Policy after our transfer fees are applied.
7. Account Information and Its
Use:
i.
Information You Are Required to Submit. As part of the registration process,
you are required to provide certain information and to update this information
promptly as needed to keep it current, complete and accurate. The information
you are obligated to provide in connection with the domain name you are
registering is the following:
A. The domain name
being registered;
B. Your
(or the domain name holder's) name, postal address, e-mail address, voice
telephone number, and where available, fax number; and
C. The name, postal
address, e-mail address, voice telephone number, and where available, fax number
of all contacts for the domain name; and
D. Valid payment
information.
ii. You agree and acknowledge that when you renew your
domain name registration, the type of information you are required to provide
may have changed. If you do not wish to provide the new required information,
your registration may not be renewed.
iii. All other
information which we may request from you at registration is voluntary.
However, not providing the requested information may prevent you from obtaining
all products and services made available to domain name registrants by us,
other than registration of the domain name.
iv. Additional
Information Maintained About Your Registration. In addition to the information
you provide, we maintain records relating to your domain name registration.
These records may include:
A. The original
creation date of the registration;
B. The submission
date and time of the registration application to us and by us to the proper
registry;
C. Communications
(electronic or paper form) constituting registration orders, modifications, or
terminations and related correspondence between you and us;
D. Records of account
for your domain name registration, including dates and amounts of all payments
and refunds;
E. The
IP addresses of the primary nameserver and any
secondary nameservers for the domain name;
F. The corresponding names of those nameservers;
G. The name,
postal address, e-mail address, voice telephone number, and where available,
fax number of the technical contact for the domain name;
H. The name, postal
address, e-mail address, voice telephone number, and where available, fax
number of the zone contact for the domain name;
I. The expiration and
renewal date of the registration;
J. Information and
copies in electronic or paper form regarding all other activity between you and
us and third parties relating to your domain name registration and related
services.
v. Your Obligations Relating to the Account
Information. In the event that, in registering the domain name, you are
providing information about or on behalf of a third party, you hereby represent
that you have
A. provided notice to
that third party of the disclosure and use of that party's information as set
forth in this Agreement, and
B. that you have
obtained that third party's express consent to the disclosure and use of that
party's information as set forth in this Agreement.
By registering a name or applying for services you also represent that the
statements in its application are true and you also represent that the Domain
Name is not being registered for any unlawful purpose.
You acknowledge that willfully providing
inaccurate information or willfully failing to update information promptly
will constitute a material breach of this Agreement and will be sufficient
basis for cancellation of your domain name registration. You further agree
that your failure to respond for over ten (10 )
calendar days to inquiries by Online-Solutions.org concerning the accuracy
of contact details associated with your registration shall constitute a
material breach of this Agreement and will be sufficient basis for cancellation
of your domain name registration and any fees applied by Online-Solutions.org.
As indicated above in paragraph (iv.)
and elsewhere in this Agreement, you understand that it is important for
you to regularly monitor (at least several times per week) email sent to
the email address associated with the "Account" in your Account
Information because, among other reasons, if a dispute arises regarding
a domain name or any services provided by Online-Solutions.org in your account,
you may loose your rights to the domain name if you do not respond appropriately
to an email sent in conjunction therewith.
vi. Privacy Policy:
Disclosure and Use of Registration Information.
You agree and acknowledge that
Online-Solutions.org will make available domain name registration information
you provide or that we otherwise maintain to ICANN, to the registry
administrator(s), and to other third parties as ICANN and applicable laws may
require or permit. You further agree and acknowledge that Online-Solutions.org
may make publicly available, or directly available to third party vendors,
some, or all, of the domain name registration information you provide, for
purposes of inspection (such as through our "whois"
service) or for targeted marketing and other purposes as required or permitted
by ICANN and applicable laws.
Additionally, you acknowledge that ICANN
may establish guidelines, limits and/or requirements that relate to the amount
and type of information that Online-Solutions.org may or must make available to
the public or to private entities, and the manner in which such information is
made available.
You hereby consent to any and all such
disclosures and use of, and guidelines, limits and restrictions on disclosure
or use of, information provided by you in connection with the registration of a
domain name (including any updates to such information), whether during or
after the term of your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have arising from such
disclosure or use of your domain name registration and other information by
Online-Solutions.org.
You may access your domain name
registration information in our possession to review, modify or update such
information, by accessing your account at our web site
(www.Online-Solutions.org.com), or via a similar service. In order to change
any of your account information with us, you must use your Account Login
Identifier and Password that you selected when you opened your account with us.
Please safeguard your Account Login Identifier and Password from any
unauthorized use. You agree that any person in possession of you Account Login
Identifier and Password will have the ability and your authorization to modify
your account information. Online-Solutions.org will take reasonable precautions
to protect the information it obtains from you from loss, misuse, unauthorized
access or disclosure, alteration or destruction of that information; you agree
that, if Online-Solutions.org takes reasonable precautions in relation thereto,
that in no event shall Online-Solutions.org be liable if such reasonable
precautions do not prevent the unauthorized use or misuse of your Account
Identifier or Password and that, even if Online-Solutions.org fails to take
reasonable precautions, that Online-Solutions.org's
liability under any circumstances shall be limited by the limitation of
liability found in paragraph 13 of this Agreement.
8. Ownership of Information and
Data:
You agree and acknowledge that Online-Solutions.org
owns all database, compilation, collective and similar
rights, title and interests worldwide in our domain name database, and all
information and derivative works generated from the domain name database. You
further agree and acknowledge that we own the following information for those
registrations for which we are the registrar:
i. the original
creation date of the registration,
ii. the expiration date of the
registration,
iii. the name, postal address,
e-mail address, voice telephone number, and where available fax number of
all contacts for the domain name registration,
iv. any remarks concerning the registered domain name that
appear or should appear in the WHOIS or similar database, and
v. any other information we generate or obtain in connection
with the provision of domain name registration services, other than the
domain name being registered, the IP addresses of the primary nameserver
and any secondary nameservers for the domain name,
and the corresponding names of those nameservers.
Online-Solutions.org does not have any ownership interest in your specific
personal registration information outside of its rights in our domain name
database.
9. Agents and Licenses:
You agree that, if you are registering a
domain name for or on behalf of someone else, you represent that you have the
authority to nonetheless bind that person as a principal to all terms and
conditions provided herein, including the Dispute Policy.
You agree that if you license the use of
the domain name registered to you to a third party, you nonetheless remain the
domain name holder of record, and remain responsible for all obligations under
this Agreement, including but not limited to payment obligations, and providing
(and updating, as necessary) both your own full contact information, and
accurate technical, administrative, billing and zone contact information
adequate to facilitate timely resolution of any problems that arise in
connection with the domain name and domain name registration.
10. "Name Only"
Services, Incomplete DNS Information, and Use of Free Services:
You agree that if you purchase "Name
Only" services or that if you provide incomplete DNS information (the
information described in paragraphs 7.4.5 and 7.4.6) in your Account
Information, that Online-Solutions.org may direct the domain name to an IP
address designated by Online-Solutions.org, including, without limitation, to
an IP address which hosts a parking page or a commercial search engine. If you
provided incomplete DNS information (and you did not purchase "Name
Only" services), you understand that you can update and thereby override
the DNS information designated by Online-Solutions.org.
In consideration for providing additional optional services for which
Online-Solutions.org does not charge an additional fee, including, but not
limited to, URL forwarding, email forwarding, free parking page, free website
hosting, free email services, or other services which Online-Solutions.org may
introduce from time to time but for which there is not a separate fee
("Free Services"), you agree that, if you use such Free Services,
Online-Solutions.org may display advertising in conjunction therewith through
the use of pop-up or pop-under browser windows, banner advertisements, audio or
video steams, appendices to emails, or other similar advertising means, and
that Online-Solutions.org may aggregate related usage data by means of cookies
and other similar means.
11. After
Expiration of the Term of a Domain Name Registration:
After expiration of the term of a domain
name registration and before deletion of the domain name by the applicable
registry, you acknowledge that Online-Solutions.org may direct the domain name
to an IP address designated by Online-Solutions.org, including, without
limitation, to an IP address which hosts a parking page or a commercial search
engine and you acknowledge that Online-Solutions.org may place Online-Solutions.org's contact information in the WHOIS output for
expired domain name.
After expiration of the term of a domain
name registration, you acknowledge that certain registry administrators may
provide procedures or grace periods during which expired domain name
registrations may be renewed. You acknowledge that you assume all risks and all
consequences if you wait until close to or after the end of a domain name
registration term to attempt to renew the registration. You acknowledge that
Online-Solutions.org, for any reason and in its sole discretion, may choose not
to participate in a post-expiration renewal process and that Online-Solutions.org
shall not be liable therefore. You acknowledge that post-expiration renewal
processes involve additional fees which Online-Solutions.org may determine in
its sole discretion. You acknowledge that, upon expiration of the term of a
domain name, that the applicable registry may make the domain name available to
be registered by any party at any time.
You also agree that, after expiration of
the term of a domain name registration and any applicable grace periods for
which there is no fee above the regular domain name registration renewal fee,
and assuming you did not exercise your rights as a registrant during such
period, that Online-Solutions.org may renew the domain name registration in
your name and that Online-Solutions.org may continue to point the domain name
to an IP address designated by Online-Solutions.org. If Online-Solutions.org
exercises its rights under this provision, you as the listed registrant, will
be allowed to assume, at any time, complete management of the domain name, including
the right to set the DNS information.
12. 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.
13. Limitation of Liability:
YOU AGREE THAT ONLINE-SOLUTIONS.ORG
WILL NOT BE LIABLE FOR ANY;
(1) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME,
(2) USE OF YOUR DOMAIN NAME REGISTRATION,
(3) INTERRUPTION OF BUSINESS,
(4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S)
OR SERVICES YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME;
(5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD
(6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(7) EVENTS BEYOND ONLINE-SOLUTIONS.ORG'S CONTROL;
(8) THE PROCESSING OF THIS APPLICATION;
(9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR
ACCOUNT IDENTIFIER OR PASSWORD; OR
(10) APPLICATION OF THE DISPUTE POLICY. ONLINE-SOLUTIONS.ORG ALSO 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 ONLINE-SOLUTIONS.ORG
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ONLINE-SOLUTIONS.ORG'S
MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION
OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00).
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.
14. Indemnity:
You agree to release, indemnify, and hold
all Registry Operators, Online-Solutions.org, their contractors, agents,
employees, officers, directors and affiliates harmless from all liabilities,
claims and expenses, including attorney's fees and court costs, for third party
claims relating to or arising under this Agreement, the Online-Solutions.org
services provided hereunder, or your use of the Online-Solutions.org services,
including without limitation infringement by you, or someone else using any
Online-Solutions.org service with your computer, of any intellectual property
or other proprietary right of any person or entity, or from the violation of
any Online-Solutions.org operating rule or policy relating to the service(s)
provided. When Online-Solutions.org may be involved in a suit involving a third
party and which is related to our services to you under this Agreement,
Online-Solutions.org may seek written assurances from you in which you promise
to indemnify and hold Online-Solutions.org harmless from the costs and
liabilities described in this paragraph. Such written assurances may include,
in Online-Solutions.org's sole discretion, the posting
of performance bonds or other guarantees reasonably calculated to guarantee
payment to Online-Solutions.org. Your failure to provide such assurances may be
considered by us to be a breach of this Agreement by you and may,
in Online-Solutions.org's sole discretion, result in
loss of your right to control the disposition of domain names for which you are
the registrant and in relation to which Online-Solutions.org is the registrar
of record. This indemnification is in addition to any indemnification required
under the Dispute Policy.
15. Representations and
Warranties:
YOU REPRESENT THAT, TO THE BEST
OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME
NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED INFRINGES THE
LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL
INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR DOMAIN NAME REGISTRATION
AND FILES HOSTED IS ACCURATE AND THAT OF YOUR OWN. ALL DOMAIN NAME REGISTRATION
SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT
REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR IN
THE INTRODUCTORY PARAGRAPH OF THIS AGREEMENT, WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WITHOUT ANY LIMITATION TO THE FOREGOING, ONLINE-SOLUTIONS.ORG MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN
NAME AND OUR SERVICE(S) UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM
CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION
OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE ONLINE-SOLUTIONS.ORG'S E-MAIL FORWARDING OR OTHER EMAIL 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. ONLINE-SOLUTIONS.ORG MAKES 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
ONLINE-SOLUTIONS.ORG 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.
16. Breach and Revocation:
Online-Solutions.org reserves the right to
suspend, cancel, transfer or modify your domain name registration or suspend,
cancel or modify other services we provide in the event of and without notice
i. you breach this Agreement
(including the Dispute Policy) and you do not cure such breach within thirty
(30) days of notice by Online-Solutions.org,
ii. you use the domain name registered to you to send
unsolicited commercial advertisements in contradiction to either applicable
laws or customary acceptable usage policies of the Internet,
iii. you use your domain name in connection with unlawful
activity, or
iv. grounds arise for such suspension, cancellation, transfer or
other modification as provided for in this
agreement. You further acknowledge and agree that your registration of a domain
name or hosting services offer is subject to suspension, cancellation or
transfer by any ICANN procedure, by any registrar (including
Online-Solutions.org) or registry administrator procedures approved by an
ICANN-adopted policy without notice.
A.
to correct mistakes by Online-Solutions.org, another registrar or the registry
administrator in administering the name or
B. for the resolution
of disputes concerning the domain name.
You also agree that Online-Solutions.org shall have the right in its sole
discretion to suspend, cancel, transfer or otherwise modify a domain name
registration or hosting services rendered upon seven (7) calendar days (when
applicable) prior written notice (written notice including notice via email),
or at such time as Online-Solutions.org receives a properly authenticated order
from a court of competent jurisdiction, or arbitration award, requiring the
suspension, cancellation transfer or modification of the domain name
registration.
17. 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 Online-Solutions.org 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 Online-Solutions.org service(s), or we delete your
domain name or other Online-Solutions.org service(s) within such thirty
(30) calendar day period. 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
Online-Solutions.org service(s).
18. Governing Law:
Except as otherwise set forth by Online-Solutions.org
with respect to disputes, this Agreement, your rights and obligations and
all actions contemplated by this Agreement shall be governed by the laws
of the United States of America and the State of New Jersy, as if the Agreement
was a contract wholly entered into and wholly performed within the State
of New Jersy. Except as otherwise set forth by Online-Solutions.org with
respect to disputes, any action to enforce this Agreement or any matter
relating to your use of the Online-Solutions.org site shall be brought exclusively
in the United States District Court for the Edgewater District of New Jersy.
19. Notices:
You agree that any notices required to be
given under this Agreement by Online-Solutions.org to you will be deemed to
have been given if delivered in accordance with the Account Information you
have provided.
20. Infancy:
You attest that you are of legal age to
enter into this Agreement.
21. Network Acceptable Use Policies
At Online-Solutions.org, we value our
customers and wish to provide them with a positive experience. To offer you the
best service possible, all customers need to follow the same rules and
guidelines. These policies are intended
to make Online-Solutions.org's service available to
all our customers as consistently and efficiently as possible.
22.
User-Supplied Content
All services
may be used for lawful purposes only. Through Online-Solutions.org's Service, you may have access to chat areas,
bulletin boards, web pages, email, or other services that enable you to send or
post materials ("content") and make that content available to others.
You must not submit, publish, or display on the Network any defamatory,
inaccurate, abusive, obscene, infringing, or threatening content. In addition,
you may not submit, publish, or display any content that violates any US
Federal, State, or Local law. You are solely responsible for the content you
make accessible through the Online-Solutions.org
Network. You may not use the Service to assist any other person or entity to
violate any Federal, State, or Local laws, ordinances, or regulations.
Online-Solutions.org is not obligated to monitor the network to examine available content.
You hereby acknowledge that if we are made aware of content that is determined
to be, in its sole discretion, unacceptable, undesirable, offensive, indecent,
obscene, excessively violent or otherwise objectionable, Online-Solutions.org has the right,
but not the obligation, to edit, remove or deny access to such content. Online-Solutions.org may disclose any
content or records concerning customer's account as required to
satisfy any law, regulation, governmental request or court order.
Sites that
promote any illegal activity or content that may be damaging to Online-Solutions.org’s servers or any other
server on the Internet are strictly prohibited. Links to such materials are
also prohibited. In addition, any site selling or promoting bulk email service
is not allowed. Below are some examples of non-acceptable content or links:
- Pirated Software (Warez)
- Any software that is copyrighted and not freely available for distribution
without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
- Copyright Violations - Violation of copyrights
held by individuals and corporations or other entities can result in civil
and criminal liability for the infringer.
- Hacking/Phreaking
- Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that
promotes or participates in willful harm to Internet sites or providers.
Any client caught abusing the service
and breaking any governing laws will be subject to one (1) year hosting
fee + a five hundred dollar ($500usd) fine in addition to any legal and
administration costs incurred by Online-Solutions.org.
23. Network
Security
Customers may
not use the Online-Solutions.org
Network with an attempt to circumvent user authentication or security of
any host, network, or account. This includes, but is not limited to, accessing
data not intended for the customer, logging into a server or account the
customer is not expressly authorized to access, password cracking, probing
the security of other networks in search of weakness, or violation of any
other organization's security policy. Customers may not attempt to interfere
or deny service to any user, host, or network. This includes, but is not
limited to, flooding, mail bombing, or other deliberate attempts to overload
or crash a host or network. Online-Solutions.org will cooperate
fully with investigations of violations of systems or network security at
other sites, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations. Users who violate system
or network security may incur criminal or civil liability.
24. Server
Resources
Any web site
that uses a high amount of server resources (such as, but not limited to
CPU time, memory usage, and network resources) will be given an option of
either upgrading their service level or reducing the resource used to an
acceptable level. An over usage penalty charge of $275.00usd per violation
will be applied to the account as an over usage penalty. Should a result
of your abuse cause financial hardship to Online-Solutions.org you are liable
for expenses over and above the penalty fee.
25. Commercial
Advertising/Mass Mailings/UCE/SPAM
You must not
use the Online-Solutions.org
Network, Online-Solutions.org
equipment or any Online-Solutions.org
email address in connection with the transmission of spam, flames, mail
bombs, or substantially similar, unsolicited email messages. Your domain
may not be referenced as originator, intermediary, or reply-to address in
any of the above. This prohibition extends to the sending of unsolicited
mass mailings from another service that in any way implicates the use of
the Online-Solutions.org Network, Online-Solutions.org equipment or any
Online-Solutions.org email
address. A message is considered unsolicited if it is posted in violation
of a newsgroup charter or if it is sent to a recipient who has not requested
or invited the message. For purposes of this provision, merely making one's
email address accessible to the public will not constitute a request or
invitation to receive messages.
If you are
found to have spammed, without warning, Online-Solutions.org
reserves the right to disable your domain/terminate your account. In addition, Online-Solutions.org may impose a
$100 penalty for each spam policy violation. Online-Solutions.org solely reserves the right to refuse or
cancel service to known spammers. Lastly, Online-Solutions.org reserves the right to determine what
violates this policy. As such, any violation may result in cancellation of
services without refund.
26.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of
indecency and obscenity laws can result in criminal penalties.
27. Intellectual
Property Rights
Material accessible to you through Online-Solutions.org’s Services may be subject to protection
under the United States
or other copyright laws, or laws protecting trademarks, trade secrets or
proprietary information. Except when expressly permitted by the owner of
such rights, you must not use the Online-Solutions.org Service in a manner
that would infringe, violate, dilute or misappropriate any such rights,
with respect to any material, which you access or receive through the Online-Solutions.org Network. All data
stored within the Online-Solutions.org network is property of Online-Solutions.org
should the compay so Online-Solutions.org will not be held libel for hosting
copyright protected content. If you use a domain name in connection with
the Online-Solutions.org
Service or similar service, you must not use that domain name in violation
of any trademark, service mark, or similar rights of any third party. Should
you believe you are a victem of copyright theift please send proof of copyright
registered and paid for via http://www.copyright.gov
28. Defamation
Defamatory speech
distributed over the Internet can result in civil liability for the defamer.
29. General:
This Agreement, Online-Solutions.org's
Disclaimer and the Dispute Policy, together with all modifications, constitute
the complete and exclusive agreement between you and Online-Solutions.org, 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 Online-Solutions.org to require your performance of any
provision hereof shall not affect the full right to require such performance at
any time thereafter; nor shall the waiver by Online-Solutions.org 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 Policy shall be unenforceable
or invalid under any applicable law or be so held by applicable court decision,
such unenforceability or invalidity shall not render this Policy unenforceable
or invalid as a whole. Online-Solutions.org will 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 Online-Solutions.org as
reflected in the original provision. This Agreement, Online-Solutions.org's
Disclaimer and the Dispute Policy may not be amended or modified by you except
by means of a written document signed by both you and an authorized
representative of Online-Solutions.org.
30. Legend
Domain: The word "Domain" in this agreement refers
to either a Domain Name (URL) Registration, a Web
Hosting Service provided by Online-Solutions.org or BOTH.
Online-Solutions.org:
This is the company name used in online marketing only and is the name that
represents all services offered online by the company director(s).
Client: The word "Client" within this TOS refers
to any person or organization that hires or contracts Online-Solutions.org
for any and all services provided.
31. Collection of Fees
The Client agrees that all fees are
payable upon receipt of invoice for any and all services rendered. Should
the client fail to provide payment for hosting, domain name registration,
web design services, computer and network repair or any other services provided
by Online-Solutions.org or the company's founding partners will apply a
$75.00usd administration fee to enter the client into a collection agency.
Should a court trial be held in the collection process the Client agrees
to be responsible for all legal fees involved with both parties. By contracting
Online-Solutions.org for any service whatsoever you are agreeing to these
terms and conditions and will abide fully.
32. Agreement Acceptance
You agree that by using the services
of Online-Solutions.org you accept this agreement in whole.