Terms of Service

Rules and Regulations

BRAVENET GENERAL TERMS OF SERVICE

Welcome to the Bravenet.com, owned and produced by Bravenet Web Services, Inc. and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "Bravenet"). By registering to be a member of Bravenet and to use any Bravenet Service, you are agreeing to the following Terms of Service. In addition, there are a variety of special Products and Services offered through Bravenet that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any Bravenet service or product that does not have a separate legal agreement, the Terms of Service set forth here will apply.  Additionally, even if another Bravenet service or product has separate terms and conditions, terms of service, user agreement, or similar legal agreement, these Terms and conditions will also apply to the use of that service or product. Bravenet also may supplement the Terms of Service with additional posted guidelines or rules. These Terms of Service may be amended from time to time without any notice to yourself. You can view the most current version of the Terms of Service at any time by visiting: http://www.bravenet.com/terms.php Please review these Terms of Service from time to time so you will be apprised of any changes.

Bravenet may also use a third party service to monitor users' individual browsing sessions.

Bravenet may also offer other services from time to time that may be governed by the terms of service of the respective service partners.

Because the Terms of Service contain legal obligations, please read them carefully. Failure to comply will result in account termination and will subject you to further legal liability.

  1. Description of the Products and Services.

    Bravenet entitles users to access to a variety of on-line resources, including personal web page hosting services and interactive on-line services (the "Products and Services").  Some of the Products and Services are supported by advertising, enabling Bravenet to provide them to you at no cost. When you use these free services, you agree to allow Bravenet to display advertising, including third party advertising, through the Products and Services. Bravenet reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services or to change the nature, style, or form of advertisements displayed through the Products and Services. Unless explicitly stated otherwise, any new Products and Services, including changes, updates and new versions of the Products and Services, shall be subject to the Terms of Service.


  2. Acceptance.

    By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service as they may be amended from time to time, together with any other posted guidelines or rules applicable to any specific Product or Service.


  3. Your Registration Obligations.

    Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of the Products and Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bravenet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bravenet has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services (or any portion thereof).


  4. Responsibility For Minors.

    In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. Our service is not available to children under the age of 13, and we will not intentionally maintain information about anyone under the age of 13.


  5. Responsibility for Username and Password.

    Upon registering, you will receive a password and username. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify Bravenet of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Bravenet cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.


  6. Responsibility for Content.

    You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Bravenet, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Products and Services. Bravenet does not control user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. Under no circumstances will Bravenet be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. Bravenet does not, as a general practice, pre-screen user or third party Content posted on the Products and Services, although Bravenet reserves the right to do so.


  7. Personal and Business Accounts.

    Bravenet may, from time to time designate certain account types or packages as for business or commercial purposes (a “Business Account”) or for non-commercial, personal use (a “Personal Account”). You may only use the Products and Services through a Personal Account for personal, non-commercial purposes. In the event you wish to use the Products and Services for a commercial or business purpose, you must use a Business Account, or such other account as is designated by Bravenet. The determination as to whether or not a particular use is for personal, non-commercial purposes shall be in Bravenet’s sole discretion.


  8. Disclaimer of Warranty.

    Bravenet Web Services Inc. disclaims all warranties or representations, express or implied, oral or written, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement. Bravenet Web Services Inc. does not warrant that its services are error-free or that they will operate without interruption nor does Bravenet Web Services Inc. make any warranty with respect to the quality, reliability, timeliness or security of the Products and Services (including the existence or non-existence of any viruses or other destructive elements within the Products and Services). Bravenet makes no guarantee as to the availability of Products and Services and is not responsible for any loss of information resulting from deletion of Products and Services, network or system outages, file corruption, or any other reasons.


  9. Service Limitations.

    The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. You may not use the Products and Services to, or associate the Products and Services with any Content or activities that:

    (a)  Upload, post or otherwise transmit any Content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    (b)  Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age;

    (c)  Harm minors in any way;

    (d)  Associate Bravenet and any Products and Services with any adult material of any sort. This includes, but is not limited to, such things as nudity, any site, page, image or service requiring any adult verification service, anything that users to be 18 or older to view or join or access, and any text, image or likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort. Without limiting the foregoing, you may not use the Products and Services to store, use, contain or display pornography, adult novelties, adult toys, XXX material, escort services, Gorean, bondage, BDSM, bigotry, racism, hatred, profanity, or any material which may be insulting to another person(s) or entity;

    (e)  Associate Bravenet and any Products and Services with any childlove site, material, content or activities;

    (f)  Associate Bravenet and any Products and Services with any site, material, content or activities that promote anorexia or any other eating disorders;

    (g)  Impersonate any person or entity, including, but not limited to, a Bravenet official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    (h)  Sell, distribute, or make any commercial use of data obtained from any Products and Services or make any other use of such data in a manner which could be expected to offend the person for whom the data is relevant;

    (i)  Create and maintain a Bravenet web page that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages;

    (j)  Create, maintain or operate an escrow service, High Yield Investment Program ("HYIP") or similar services and activities;

    (k)  Use the Products and Services to hyperlink to content not permitted on the Bravenet Network;

    (l)  Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;

    (m)  Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market;

    (n)  Disobey any Bravenet employee or representative or interfere with any action by any Bravenet employee or representative to redress any violation of these Terms of Service;

    (o)  Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Bravenet database, including, without limitation, by incorporating data from any Products and Services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;

    (p)  Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services;

    (q)  Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

    (r)  Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

    1. Making available copyrighted software or other Content that has had the copyright protection removed.
    2. Making available serial numbers for software that can be used to illegally validate or register software.
    3. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
    4. Making available any software files for which the user does not own the copyright or have the legal right to make available;

    (s)  Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

    (t)  Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Bravenet or the party from whom such software may be licensed.

    (u)  Upload, post or otherwise transmit or provide links to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    (v)  Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of any Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

    (w)  Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;

    (x)  Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any Securities and Exchange Commission or similar body, and any regulations having the force of law.

    (y)  "Stalk" or otherwise harass another;

    (z)  Collect or store personal data about other users;

    (aa)  Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;

    (bb)  Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.


  10. Bravenet Code Usage Limitations

    The Products and Services and Bravenet code provided for use by Members are, and remain, copyrighted material/property of Bravenet. Bravenet grants you a limited license to modify our service codes in 5 specific ways:

    1. You may modify the text and color displayed in the service to match those of your web pages.
    2. You may modify images appearing in the service, where applicable.
    3. You may modify the dimensions (height and width) that services are displayed in, as long as the service remains visible.
    4. You may modify the buttons provided by Bravenet that link to the services, in order to match your site.
    5. You may replace the buttons provided by Bravenet that link to the services, in order to match your site, as long as each button conforms to the usage guidelines outlined in the Terms of Service.

    You may not modify any other portion of the Products and Services and Bravenet code, including but not limited to advertising script, service copy/paste codes or any other Bravenet code, in any manner, for any reason whatsoever.


  11. News Service.

    In addition to any other provisions contained in these terms of service, the following limitations and conditions shall apply to your use of our News Service and any portion, element, file, article or other data from the News Service (collectively referred to as the "News Service"). Bravenet has entered into agreements with one or more third party news providers ("News Provider(s)") to provide the News Service. Your use of the News Service must comply with the requirements of the News Providers as detailed below:

    (a)  You may use the News Service for news, editorial, and informational purposes only, as such you shall only have the right to display the News Service on your website, and in no other medium whatsoever,. You may not edit, abridge, rewrite, or in any way alter the content of the News Service except with the prior written consent of Bravenet and News Provider. If Bravenet or News Provider alters or revises the content of the News Service in any way, you shall remove the earlier version of the Product from your system, and use the revised version, as soon as you receive the revised version or as soon as you are instructed by Bravenet or News Provider to remove the earlier version, whichever is earlier.

    (b)  You shall neither use, nor permit the use of the News Service, in any way that compromises the integrity thereof or which infringes any copyrights, trademark rights, or proprietary interests. You shall not remove News Provider copyright and credit lines from the News Service, nor take any action that would compromise any of Bravenet's or News Provider's rights in the News Service.

    (c)  You acknowledge that all intellectual property rights, trademarks, logos, copyrights and trade secret rights, tangible and intangible, in the News Service, other than data in the public domain, belong to Bravenet and/or News Provider. You agree to cooperate with Bravenet and/or News Provider in protecting their copyright in the News Service.

    (d)  You shall not distribute or in any way make available the News Service to newspapers, radio, or television stations, wire services, periodicals, news agencies, on-line services, or any party whose intent is to resell, redistribute, or republish all or any elements of the News Service. You shall stop any distributions to the unauthorized entities, mentioned above in this sub-section, immediately after such unauthorized use becomes reasonably known. You shall make a reasonable effort to know whether the above-mentioned entities are using the News Service without authorization.

    (e)  You shall not separate any portion of the News Service from the original edition in which it was published, in order to republish product separately or in connection with a work other than the work in which it was first published.

    (f)  You are prohibited from undertaking any of the following actions: (i) licensing or selling any part of the News Service to any third party, (ii) making and retaining file copies of the News Service, other than for internal business use, (iii) editing, rewriting, or altering any part of the News Service in any way whatsoever, and (iv) assigning your agreement with Bravenet for any reason, to anyone, including but not limited to any parent, affiliated, or subsidiary organization, except with prior written permission from Bravenet and News Provider.

    (g)  You agree to comply and cooperate with any request by Bravenet or News Provider to remove or cease use of the News service, or any portion thereof, from the Distributor's database, software and/or host system.


  12. Account Termination.

    Use of the Products and Services is subject to compliance with these Terms of Service. You acknowledge and agree that Bravenet may terminate your account and your access to any of the Products and Services, and may remove and discard any Content, without prior notice, should you fail to comply with the Terms of Service or any other guidelines and rules published by Bravenet. Any such termination shall be in Bravenet's sole discretion and may occur without any notice. Bravenet further reserves the right to terminate any user's account or access to the Products and Services for any conduct that Bravenet, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Bravenet or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Bravenet further reserves the right to terminate any user's account if there is no evident activity for a period of 90 days. Bravenet further reserves the right to terminate any user's account and access to the Products and Services, and to remove and discard any Content, for any reason or for no reason at all, in Bravenet's sole discretion, without prior notice, or any notice.

    In the event Bravenet terminates a user's account for violating the Terms of Service, or for inactivity, and that user is a paid member of Bravenet, that user's payment is not refundable.

    All mailings sent to you by Bravenet.com are opt-in emails activated and authorized by you either through subscription or as a mandatory component of your membership in Bravenet. All subscribed mailing lists have a link at the bottom to allow you to unsubscribe from that mailing list if you wish. Other mailings are mandatory and are conditional of your membership with Bravenet.com. If you report any of these mailings or service notification emails, (which you have the control to turn off yourself), as Unsolicited Commercial Email, or SPAM, we reserve the right to terminate your Bravenet account.


  13. Service and Member Account Upkeep.

    As the Registered Owners of our services, Bravenet members are required to maintain their Registered Services and keep them within the guidelines set forth here in the Terms of Service. Failure to do so will result in Account Termination, at Bravenet's sole discretion.


  14. Member Email lists.

    (a) Members Update, Tips and Tricks, Freebies and Special Offers mailing lists

    By registering a Bravenet account, you agree to subscribe to our Members Update, Tips and Tricks, Freebies and Special Offers mailing lists. These lists may contain third-party sponsorships. You may unsubscribe from these lists by removing your email address here: Unsubscibe.

    (b) Mailing List Services

    When you register to use our Mailing List Services, you must abide by all applicable legislation relating to the proper collection and use of email addresses. We will neither use, nor disclose the email addresses or personal information of your subscribers to any third party unless we are compelled by law or, in our sole discretion, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities.

  15. Cookies.

    Use of the Products and Services requires that you accept all cookies in order to activate special Web features and security mechanisms, and to enhance Web site performance. While your browser may allow you to "reject" cookies, the Products and Services may require that you accept all cookies in order for its features and security mechanisms to function fully. Deleting, removing or preventing Bravenet cookies from being properly written to your computer may result in adverse affects on your use of the Products and Services. A "cookie" is an electronic note created by a web site and stored on your computer.  By using the Products and Services, you authorize Bravenet's use of cookies.


  16. Limitation of Warranty.

    THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BRAVENET DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BRAVENET DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. BRAVENET SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRAVENET DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. BRAVENET DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. BRAVENET DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. BRAVENET MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY PRODUCTS AND SERVICES.

    YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

    Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.


  17. Limitation of Liability.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL BRAVENET OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BRAVENET OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

    SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO the PRODUCTS AND SERVICES OR TO BRAVENET. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

    SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT. WITH RESPECT TO PAID BRAVENET MEMBERS, BRAVENET'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID MEMBER'S MOST RECENT FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL BRAVENET OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

    UNDER NO CIRCUMSTANCES WILL BRAVENET BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.

    In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.


  18. Indemnification.

    By using the Products and Services you agree to indemnify Bravenet and its officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Products and Services, or from any person's use of any account or password you maintain with any of the Products and Services, regardless of whether such use is authorized by you. By using the Products and Services, you are hereby agreeing to release Bravenet and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.


  19. Governing Law.

    This agreement shall be deemed to have been made in the Province of British Columbia, Canada and the validity, construction, interpretation and enforcement hereof and the rights of the parties hereto shall be determined under, governed by, and construed in accordance with the internal laws of the Province of British Columbia without regard to the principles of conflicts of laws. Each party is specifically prohibited from bringing any action arising from or related to this agreement other than in the Province of British Columbia unless the said action is for the purpose of enforcing a Judgment already obtained in the Province of British Columbia.


  20. Bandwidth and Disk Usage.

    Bravenet provides users with bandwidth, disk space and other resources, such as e-mail, database, and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in Bravenet's web pages describing the package of Products and Services purchased at the time of purchase. In some cases, Bravenet may choose not to establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Products and Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Bravenet reserves the right to suspend, discontinue or delete the accounts of users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the user's plan. You agree that such usage shall not exceed the amounts set by Bravenet for the Products and Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by Bravenet as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and user's active electronic mail services related solely to user's web hosting account(s) with Bravenet.

    Hosting space is intended for normal use only, and is limited to web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, personal files or other data without limitation). You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

    Bravenet will monitor your use of bandwidth, disk usage and other resources. Bravenet, in its sole discretion, shall have the right to take any corrective action if your utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Products and Services, removal or deletion of your web site, Content, electronic mail and e-mail services and/or other materials and services or termination of your account and of this Agreement, which actions may be taken in Bravenet's sole and absolute discretion. If Bravenet takes any such corrective action under this section, you shall not be entitled to a refund or credit of any fees paid prior to such action.

    For greater certainty, you may only use your Bravenet account to create web sites for your own personal use, or for a single business. If you wish to create web sites for more than one business, or individual, each business or individual must have a separate account.

    You agree to comply with all applicable laws, rules and regulations regarding your Web site, user Content and/or your electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes.

    You are responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure your web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement.


  21. Usage of Bravenet Servers.

    Bravenet servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; credit card numbers; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. For greater certainty, you are prohibited from using the Services to collect and/or store credit card information and similar data from third parties.


  22. Bravenet Network Security

    Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.


  23. CPU Usage.

    Bravenet Members shall not use excessive amounts of CPU processing on any of Bravenet's servers. Any violation of this policy may result in corrective action by Bravenet, including assessment of additional charges, disconnection or discontinuance of any and all Products and Services, termination of this Agreement, as well as the deletion of any Content, which actions may be taken in Bravenet's sole and absolute discretion. If Bravenet takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.


  24. Icons.

    Open source, Creative Commons and Public Domain icons courtesy of famfamfam.com, FatCow and Tango.


  25. Webmail.

    Roundcube Webmail is released under the GNU General Public License version 3 or any later version with exceptions for skins and plugins. More details about licensing and the exceptions for skins and plug-ins.


  26. Bandwidth and Disk Usage.

    With Bravenet.com Web Tools, bandwidth limits are calculated on a recurring 30 days basis. Bandwidth cannot be combined with multiple packages. Bandwidth and disk usage shall not exceed the number of megabytes per day for the Services ordered and purchased by the Member. Bravenet will monitor each Member's bandwidth and disk usage. Bravenet shall have the right to take corrective action if any Member's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Bravenet's sole and absolute discretion. If Bravenet takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.

    Bandwidth limits for accounts are structured around a monthly total, but metered on a daily basis to ensure that server resources are equally available to all accounts. Accounts using all of, or more than, their alotted daily bandwidth will be temporarily suspended until 12:01am PST the following day. Daily bandwidth metering begins at 12:01am PST and ends at 11:59pm PST. Bandwidth limits are a combination of both HTTP and FTP traffic.


  27. Purchase Policy.

    Web Tools Service Payments:
    If you are purchasing one of our various Web Tools we will accept VISA and Mastercard payments and payments made through the PayPal service. Your service(s) will be automatically activated within your account when purchasing using these methods.

    We also accept International Money Orders and Checks made out to Bravenet Web Services, in US Dollars only. Services purchased through these 2 methods will be activated in your member account once payment has been received and successfully processed.

    Please Note: The category above does NOT include Web Hosting payments.

    Hosting and Domains Payments:
    If you are purchasing one of our Web Site Hosting or Domain services, we will accept VISA and Mastercard payments and payments made through the PayPal service. Your service(s) will be automatically activated within your account when purchasing using these methods.

    IMPORTANT NOTE: All prices quoted on the Bravenet Web Services web site are in US dollars.


  28. Refund Policies

    Domain Registration Payments:
    We do not provide refunds for Domain Registrations, since Domains cannot be unregistered. Domain transfer fees are non-refundable.

    Website Templates Gallery:
    The Templates contained in the Website Templates Gallery service are deemed to be commercial software, thus no refunds can be made to those purchasing this service, since the product is digital in nature and cannot be physically returned to Bravenet. All purchases of this service are final and non-refundable.

    Website Hosting:
    One month hosting package payments are fully refundable up to 7 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 7 days of the date of purchase and we will provide a full refund of your payment, if applicable.

    Three month hosting package payments are fully refundable up to 14 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 14 days of the date of purchase and we will provide a full refund of your payment, if applicable.

    One, two, five and ten year hosting package payments are fully refundable up to 30 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 30 days of the date of purchase and we will provide a full refund of your payment, if applicable.

    Hosting packages purchased with the template gallery will receive a partial refund, as the normal purchase price of template usage will be applied against any outstanding amount(s).

    Professional Tools and Services:
    Monthly Professional package payments are fully refundable up to 7 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 7 days of the date of purchase and we will provide a full refund of your payment, if applicable.

    Yearly Professional package payments are fully refundable up to 30 days from the date of purchase. Notify us in writing, and include a copy of your purchase receipt, within 30 days of the date of purchase and we will provide a full refund of your payment, if applicable.

    Partial refunds may result in an administration fee.

    UNDER NO CIRCUMSTANCES WILL BRAVENET BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.

    Bravenet reserves the right to amend or change these Rules and Regulations at any time and without prior notice.

If you notice a Bravenet Member breaking any of the rules, please notify us via the Support Center:

http://support.bravenet.com

Please follow the rules... and enjoy Bravenet's Web Services!

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BRAVENET AFFILIATE PROGRAM TERMS AND CONDITIONS

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BRAVENET WEB SERVICES, INC. ("Bravenet") BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

All members of the Bravenet Affiliate program are required to agree to the following Terms and Conditions. Anyone determined by Bravenet to have violated these terms and conditions is subject to dismissal from the Bravenet Affiliate program. Dismissal relieves Bravenet from any obligation to record and award affiliate earnings.

Overview

This Agreement contains the complete terms and conditions that apply to your participation to in the Bravenet Affiliate Program. All uses in this agreement of the words "Bravenet", "we", "us" or "our" refers to Bravenet Web Services, Inc., a Canadian corporation with its principal place of business at Jensen Ave., Parksville, BC, Canada, V9P 2H5. All uses of the words "Applicant", and "you" refers to you, the Applicant. Member means an applicant who has completed the application packet and has been accepted by Bravenet into the Bravenet Affiliate Program. "Your site" means the site on the World Wide Web which you specify in your application packet and which you own. The Bravenet site means http://www.bravenet.com.

Enrollment into the Program

To enroll, you must complete and submit the online application. You will be immediately accepted into the program so you can start referring new members right away. We may reject your application at our sole discretion. Unsuitable sites include but are not limited to sites that:

  1. Are under construction and are not accessible.
  2. Promote, contain or link to sexually explicit materials.
  3. Promote violence.
  4. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  5. Promote illegal activities.
  6. Violate intellectual property rights or violate any local, state, federal or other law or regulation.
  7. Contain any libelous, defamatory or disparaging materials.
  8. Contain little or no original content.

If we reject your application, you are welcome to re-apply to the Affiliate Program at any time.

Links and Graphics

As a member of the Bravenet Affiliate Program, you will have access to the Affiliates Command Center, located in your Bravenet Account under 'affiliates'. At this site you will be able to download HTML code (that provides links to web pages within the Bravenet website) and graphics that we have made available for use in your website. You are only allowed to link to those specific web pages that we designate in the HTML code. Plus, in order for us to accurately keep track of guest visits from your site to ours, you must use the HTML code that we provide. You may enhance the code by adding your own graphics and text as long as it accurately describes Bravenet and Bravenet services.

Additionally, only Bravenet's HTML forms may be used for registration and login to the Bravenet service. Bravenet reserves the right, at any time, to review your placement and require that you change the placement or use to comply with the guidelines provided. Subject to the terms of this Agreement, we grant you a non-exclusive, non-sub licensable right to display and host Affiliates Links provided to you under this Agreement solely so that you may link to the Bravenet Site as described herein.

You may use the Bravenet Trademark, links and images solely for the purpose authorized by Bravenet. You may not modify the Bravenet Trademark, links and images.

Responsibility for Your Site

You will be responsible for the content, style, and placement of the links. You may not alter banners, buttons, graphics or text links (collectively "Marks"). We provide access to a toolkit with an HTML generator. You must use the generator to create your links in order to meet the criteria in the operating agreement. You agree to fully cooperate with us in order to establish and maintain any links between the Bravenet site and your site. You also agree that those graphic images that you display pertaining to Bravenet, for use as a link or otherwise, will only be graphic images that we provide to you from the Affiliate Command Center. If we update those graphics, you agree to replace our old graphics with the new ones.

New graphical standards will be posted in the Membership Agreement from time to time. It is your responsibility as the Affiliate Member to ensure that all changes to the Membership Agreement are adhered to. You will be solely responsible for the development, operation, and maintenance of Your Site and related equipment and for all materials and content that appears on Your Site.

You are also responsible for the following:

  1. The technical operation of your site and all related equipment.
  2. The accuracy and appropriateness of all materials posted on Your Site according to the standards set forth in part 2 of this Agreement.
  3. Insuring that materials posted on Your Site do not violate or infringe upon the rights of any third party (including, but not limited to, copyrights, trademarks, privacy, or other personal or proprietary rights).
  4. Insuring that materials posted on Your Site are not libelous or otherwise illegal.

We disclaim all liability for these matters. Further, you agree to indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to or arising out of your responsibilities stated in this Agreement, including without limitation the development, operation, maintenance, of Your Site and the related equipment, materials and content on Your Site.

Except as provided herein, you agree that you have no rights, title or interest in or to the Marks, the message, or other images. You agree not to apply for registration of any of the Marks (or any mark similar there to) anywhere around the world. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of any Bravenet Mark. Members acknowledge and agree that their website information (name, URL, traffic counts, etc.) may be used by Bravenet. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, etc. Members agree to allow Bravenet to use screen shots of any web page that contains the Bravenet HTML code in Bravenet promotional materials. Anyone found in deliberate violation of these terms and conditions is subject to expulsion from the Affiliates Program.

Affiliate shall be responsible for all taxes including, without limitation, sales, use, property, excise, value added and gross receipts levied on or with respect to this Agreement, except taxes based on Bravenet's net income.

Referral Fees, Fee Schedule and Fee Payment

For every new Registrant who enters the Bravenet Site through Affiliates Links from Your Site and registers for a Bravenet membership and remains an active member for a period of no less than 15 days (a "**Qualified Registrant"), Bravenet will pay you a $1.00 per registration. To become an active member of Bravenet, a member must join and actively use 1 or more of our services on their website. (See **Qualified Registrants below) Active use is defined as reaching a predefined number of service pageviews in order to deem the user active.

**Qualified Registrants include registered users of these Bravenet Services:

  • Guestbook
  • Message Forum
  • Website Hosting
  • E-Cards
  • E-mail Forms
  • Site Search
  • Guestmap
  • Fast URL Redirect
  • Password Gate
  • Mailing List
  • Site Ring
  • Vote Caster
  • Classifieds
  • Cartoon of the Day
  • Tell-A-Friend
  • Free Links
  • Live Chat
  • FAQ Service
  • Mini Poll

Registrants that do not follow Bravenet's Membership Terms and Conditions (i.e. adult sites, warez, hate sites, etc.) will not qualify. In addition, valid registrants must register with a valid email address. Please note that we will not pay Referral Fees on registrations who enter the Bravenet site other than through Affiliates Links from your site.

Bravenet will not track, report or pay any referral fees where the referred entities IP Address is from one of the following: Benin; China; Ghana; India; Indonesia; Malaysia; Nigeria; Romania; Russian Federation; Turkey; Vietnam; Gambia; Taiwan; Afghanistan; Cuba; Iran; Iraq; Libya; North Korea; Sudan; Syria; Unita (Angola); Western Balkans; and Thailand.

We will pay you Referral Fees on a monthly basis. However, if the Referral Fees payable to you for any calendar month are less than $50.00, we will hold these Referral Fees until the total amount due is at least $50.00 or (if earlier) until this Agreement is terminated.

Any Customers who link to the Bravenet Site from an Affiliates link and register with the Bravenet Service will be deemed to be customers of Bravenet, and accordingly, all Bravenet rules, policies, and operating procedures will apply to those customers. Bravenet, at its sole discretion, may change our rules, policies, operating procedures, services offered, pricing and referral fees at any time without prior notice.

Fraud

If Bravenet determines in its sole discretion that you are using the Bravenet Affiliate program in a fraudulent manner, Bravenet reserves the right to refuse payment for any members sent to us via your site. For the purposes of this agreement "fraudulent manner" includes, but is not limited to, the following actions:

  1. Instructing people to fill out the registration form with false information or for purposes other than obtaining a free Bravenet account;
  2. Submitting registrations using false e-mail addresses;
  3. Submitting registrations using e-mail addresses belonging to other people or multiple e-mail addresses that belong to only one person;
  4. Your Affiliate Link is placed within the "Hotline Server" or similar community, or on a site that is advertised within the "Hotline Server" or similar community;
  5. Your Affiliate Link generates several clickthroughs from the same I.P. address;
  6. Your Affiliate Link generates abnormally high clickthrough and/or conversion rates;
  7. Your affiliate is associated with objectionable material; or
  8. Any other activity that Bravenet determines, in its sole discretion, to be fraudulent. In order to determine fraudulent use, Bravenet will consider the content of your site, your marketing tactics, or any other information that Bravenet deems appropriate.
Reporting

You can access your Affiliate account and view reporting details in the Affiliate service manager page in the Bravenet Members Area. Login with your Username and Password and click on the Affiliate Program link.

Promotion & Publicity

You are welcome to promote your own websites, but naturally any promotion that mentions the Bravenet Site or any Bravenet service, could be perceived by the public or the press as a joint effort.

As such, certain forms of advertising are always prohibited by Bravenet. For example, advertising commonly referred to as "spamming" is prohibited by Bravenet. Other generally prohibited forms of advertising include the use of unsolicited commercial e-mail (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name or your return e-mail address.

We require written consent for any promotion that mentions the Bravenet Site, Bravenet or any Bravenet service. However, subject to your obtaining our written consent, we generally approve mailings to customers to promote Bravenet services so long as the recipient of the mailing is already a customer or subscriber of your services, and recipients have the option to remove themselves from future mailings. Also, newsgroups postings to promote Bravenet services are generally approved by Bravenet so long as the news group specifically welcomes commercial messages. In all cases, you must always clearly represent yourself and your websites as independent from Bravenet.

You grant to us a non-exclusive license to use your names, titles, and logos to advertise, market, promote, and publicize in any manner our rights hereunder; provided, however, that we shall not be required to so advertise, market, promote, or publicize. This license shall terminate upon the effective date of the expiration or termination of this Agreement.

Terms and Termination

The terms of this Agreement will begin upon our acceptance of your Program application packet and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party five (5) days written notice of termination. You have seven (7) days from day of termination to remove all Your Links relating to this Agreement from Your Site. You are only eligible to earn referral fees on Qualifying Registrations occurring during the term of this Agreement. Your final payment will be distributed to you forty-five (45) days after the end of calendar quarter in which this Agreement has been terminated.

Bravenet reserves the right to terminate this Agreement with no notice to you if we determine that your use of our Affiliates program is for fraudulent purposes as described in Section 6.

Upon termination of this Agreement by either party you shall immediately cease your use of all Marks and offering access to Bravenet.

Relationship of Parties

You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Bravenet. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Sites or otherwise, that reasonably would contradict anything in this Section.

Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with the execution, operation or performance of this Agreement or the operation of the Program, regardless of whether we were informed or had direct or imputed knowledge of the possibility of such damages or loss in advance.

Further, our aggregate liability arising with respect to the execution, operation or performance of this Agreement or the operation of the Program will not exceed the total referral fees paid or payable to you under to this Agreement. This Section 10 in no way limits Bravenet's recovery of indirect, special or consequential damages from you, the Affiliate, for your breach of any section of this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any services sold through the Program (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Bravenet site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential", will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

Miscellaneous

Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and understandings relating to the subject matter of this Agreement and that all modifications to this Agreement must be made in writing, signed by both parties except as otherwise provided herein.

Neither party may assign or transfer any of the rights, duties or obligations herein to any party (except to an affiliated company, or a successor in interest in the event of a merger, sale of assets of the business to which this Agreement is related or consolidation) without the prior written consent of the other party and any purported attempt to do so will be null and void.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

This Agreement will be governed by the laws of Canada and the province of British Columbia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in to the courts located in British Columbia, Canada, and you irrevocably consent to the jurisdiction of such courts.

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

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REGISTRANT AGREEMENT WITH BRAVENET WEB SERVICES INC. -Domain Names

Domain Names: Version 1.0 June 26, 2003

Definitions:
Domain
- is a term used to describe a name given which is used to map easily remembered words into Internet addresseses (IP addresses) used in the Internet.
ICANN
- Internet Corporation for Assigned Names and Numbers is the organization responsible for the IP address space allocation, protocol parameter assignment, domain name system management, and root server system management functions previously performed under U.S. Government contract by IANA and other entities.
Bravenet
- Bravenet Web Services, Inc. is a Canadian incorporated company supplying Domain Registration Services.
Registrar
- refers to Bravenet
Registrant
- refers to the individual or organization for whom the domain is intended to be used.
Agent or Applicant
- refers to any individual or organization applying to the registrar for the registration of a domain on behalf of another individual or organization.
"you" or "your"
- terms that apply to both the agent and registrant.
"we", "our" or "us"
- terms that apply to Bravenet
Introduction:

The following sections are the agreement for service between the applicant to register an Internet domain name (the registrant) and Bravenet Web Services Inc.(the registrar). An agent acting as a third party must inform the applicant of their obligations under this agreement. The spirit of this agreement is that we are acting as registrar for the you, you are acting in good faith, the domain shall remain the property of the registrar until all fees are paid in full and you agree that you will cover all any any costs of any action taken as a result of this registration. In addition to this agreement which contains mandatory clauses from the Internet Corporation for Assigned Names and Numbers (ICANN), you will be expected to agree to the Uniform Domain Name Dispute Resolution Policy as approved by ICANN on October 24, 1999. Your application for a domain using our services constitutes acceptance of this agreement on your part.

Applicable Laws:

The laws of British Columbia, Canada shall be in effect for purposes of this agreement and any services provided by us to you.

Term of Service:

Unless otherwise specified the term of the agreement for service is for as long as you hold any domain name or any service with Bravenet, unless terminated by other party. The terms of this service apply to all domains names registered with Bravenet, and any services.

Fees and Payment:

All fees are payable immediately upon submission of an application or other request for service. Initial domain name registrations, and domain name registrations that have passed the registration agreement's anniversary date, must be in a paid status to transfer, delete, modify, or otherwise to request Bravenet to affect the domain name record or to provide domain name services. Domain name registrations in an unpaid status are routinely deleted on a regular basis. The ownership of the domain shall remain with the registrar until such times as all fees are paid in full.

Rights:

As part of the registration process you state you have the legal right to apply for domain either for your own use or the use of a third party for whom you are acting as agent and agree that the application for or granting of a domain does not confer any additional rights than you currently have for that domain.

You further agree to hold us harmless from any action taken against you, ICANN and/or us as a result of your application.

Additionally you agree that this agreement does not confer any protection from objection to the registration or use of this domain.

Please visit the following link for information about your rights and responsibilities under the 2009 Registrar Accreditation Agreement: http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities

Remedy:

Should we be unable to supply services to you, our sole obligation is to return any applicable fees to you.

Information:

You agree that you have the right or acquired the right to provide us with the information reguired on the application. You warrant that the information is accurate as required in the application process. You further agree to update the information as required.

We will protect the supplied information according to our privacy policy. We will not be responsible for loss of information as a result of acts of unauthorized persons or by use of your systems or services.

Changes to Agreement:

We reserve the right to modify this agreement from time to time or changes the services provided at any time. Continued use of our services after such changes will constitute you acceptance of the new agreement.

Breach:

If you should breach this agreement, we reserve the right to terminate the agreement. Any outstanding fees remain payable. Our obligation to you will terminate upon notification to you by electronic mail, postal mail or phone.

Liability:

We shall not be responsible for any damages whatsoever, either direct or indirect, special or consequntial damages resulting from the use of our services or our failure to provide services through access delays, or interruptions, non delivery or misdirected delivery of data, acts of God, acts of unauthorized person, misuse of your account or password or the use or misuse of your domain or systems.

Indemnity:

When action is taken against us by a third party related to a domain submitted by you, you agree to provide written assurance to us that you will pay all costs including reasonable attorney fees and other costs required to defend ourselves.

Disclaimer of Warranty:

We do not warranty under any circumstances expressed or implied, that our services will meet your requirements, that our service will be uninterrupted, secure, timely or free from errors. Retrieval of information to your systems as part of our services is done solely at your risk. Nothing we say or do will constitute a warranty of any type.

Additional Registry Requirements:

listed below are additional contractual requirements that you, the registrant, must agree to should you desire to register a domain name in these registries.

In addition to the terms set forth above, the following terms shall apply to registrants of .nu, .tv, .cc, .bz, and .ws domain names. Your registration of a domain name in the .NU, .TV, .CC, .BZ, or .WS top-level domain ("New TLD Domain Name"), is subject to policies established or revised from time to time by the registry for such New TLD Domain Name ("New TLD Registry"), in its capacity as the registry for its respective Top Level Domain. Each respective New TLD Registry's current policies ("New TLD Registry Policies") are available for you to review at each New TLD's respective website. You agree to be bound by and comply with the applicable New TLD Registry Policies, including amendments and modifications thereto, with respect to your New TLD Domain Name registration. Such policies shall not alter the terms and conditions of this Agreement. To the extent there is a conflict between the New TLD Registry policies and the terms of this Agreement, the terms of this Service Agreement shall prevail. You agree that the New TLD Registry has the right to enforce the New TLD Registry Policies.

If you are registering a .info domain name you also agree to:

  • consent to the use, copying, distribution, publication, modification, and other processing of Registered Domain Name Holder's Personal Data by Afilias, the .INFO Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract.
  • submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification.
  • immediately correct and update the registration information for the Registered Name during registration term for the Registered Name, failure to correct this information shall constitute a breach of this Agreement.
  • acknowledge that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
  • Registrar and Afilias, the registry operator for .INFO, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and Afilias also reserve the right to freeze a domain name during resolution of a dispute.
  • If you are registering a .biz domain name you also agree to:
BIZ RESTRICTIONS:

Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

  1. To exchange goods, services, or property of any kind;
  2. In the ordinary course of trade or business; or
  3. To facilitate:
  4. ol>
    1. the exchange of goods, services, information, or property of any kind; or,
    2. the ordinary course of trade or business.Registering a domain name solely for the purposes of
    1. selling, trading or leasing the domain name for compensation, or
    2. the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a"bona fide business or commercial use" of that domain name.
    BIZ CERTIFICATION:

    As a .biz domain name registrant, you hereby certify to the best of your knowledge that: The registered domain name will be used primarily for bona fide business or commercial purposes and not

    1. exclusively for personal use; or
    2. solely for the purposes of
    1. selling, trading or leasing the domain name for compensation, or
    2. the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
    1. The domain name registrant has the authority to enter into the registration agreement; and
    2. the registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.
    PROVISION OF REGISTRATION DATA.
    1. Provision of Registration Data. As part of the registration process, you are required to Provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
      1. your full name, postal address, e-mail address, voice telephone number, and fax number if available;
      2. the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
      3. the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name;
      4. the corresponding names of those nameservers;
      5. the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
      6. the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
      7. the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
      8. any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement.
    2. Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
    DOMAIN NAME DISPUTE POLICY:

    If you reserved or registered a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

    1. The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
    2. The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and
    3. The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.

    The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.

    The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.

    The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

    DOMAIN NAME DISPUTE POLICY MODIFICATIONS:

    You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. 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 modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

    DOMAIN NAME DISPUTES:

    You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our 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 set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until:

    1. we are directed to do so by the judicial or administrative body, or
    2. we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
    RESERVATION OF RIGHTS:

    Bravenet Web Services, Inc. and the .biz Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Bravenet Web Services, Inc. and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Bravenet Web Services, Inc. and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

    If you are registering a .name domain name you also agree to:
    DEFENSIVE REGISTRATIONS:

    Defensive Registrations allow owners of nationally registered marks to exclusively pre-register on the .name space and create a protective barrier for their trademarks. A "Defensive Registration" is a registration granted to a third party of a specific string on the second or third level, or of a specific set of strings on the second and third levels, which will not resolve within the domain name system but may prevent the registration of the same string(s) on the same level(s) by other third party applicants.

    PHASES OF DEFENSIVE REGISTRATIONS:
    1. As a Defensive Registration Registrant ("Defensive Registrant"), you hereby certify to the best of your knowledge that for Phase I Defensive Registrations ("Phase I Defensive Registrants"), you own valid and enforceable trademark or service mark registrations having national effect that issued prior to April 16, 2001 for strings that are identical to the textual or word elements, using ASCII characters only, subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD. You understand that trademark or service mark registrations from the supplemental or equivalent Registry of any country, or from individual states or provinces of a nation, will not be accepted. Subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD, if a trademark or service mark registration incorporates design elements, the ASCII character portion of that mark may qualify to be a Phase I Defensive Registration.
    2. Phase II Defensive Registrants may apply for a Defensive Registration for any string or combination of strings.
    3. Defensive Registrants, whether Phase I or Phase II shall comply with the following Eligibility Requirements, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm, the summary of which is as follows:
    1. There are two levels of Defensive Registrations, each of which is subject to payment of a separate fee;
    2. Multiple persons or entities may obtain identical or overlapping Defensive Registrations upon payment by each of a separate registration fee;
    3. The Defensive Registrant must provide the information requested in Section 3(a) below;
    4. A Defensive Registration will not be granted if it conflicts with a then-existing Personal Name Registration or other reserved word or string.
    PROVISION OF REGISTRATION DATA:
    1. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. You must provide contact information, including name, email address, postal address and telephone number, for use in disputes relating to the Defensive Registration. You understand and agree that this contact information will be provided as part of the Whois record for the Defensive Registration. You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.
    2. In addition to the information provided in subsection (a) above, Phase I Defensive Registrants must also provide (1) the name, in ASCII characters, of the trademark or service mark being registered; (2) the date the registration issued; (3) the country of registration; and (4) the registration number or other comparable identifier used by the registration authority (c) You hereby represent and warrant the data provided in the registration application is true, correct, up-to-date and complete and that you will continue to keep all of the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five (5) calendar days to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the publicly available Whois directory with respect to a Defensive Registration(s) concerning the accuracy of contact details associated with any such Defensive Registration(s) registered by or through you or your account shall constitute a breach of this Agreement.
    DOMAIN NAME DISPUTE POLICY:
    1. If you registered a Defensive Registration, you agree that:
      1. the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy ("ERDRP"); (ii) if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and (iii) if a challenge is successful, then the Defensive Registration will be subject to the procedures described in Section 2(h) of Appendix L to the agreement of Global Name Registry ("Registry Operator") with the Internet Corporation for Assigned Names and Numbers ("ICANN"), available at:
        http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
    2. You further agree that if a Phase I Defensive Registration is successfully challenged on the basis that it did not meet the applicable Eligibility Requirements, the Defensive Registrant will thereafter be required to demonstrate, at its expense, that it meets the Eligibility Requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .name through any Registrar. In the event that the Defensive Registrant is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s) will be cancelled.
    3. The ERDRP applies to, among other things, challenges to Defensive Registrations within .name and is available at:
      http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
    DEFENSIVE REGISTRATION DISPUTE POLICY MODIFICATIONS:

    You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the Defensive Registration 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 modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

    DEFENSIVE REGISTRATIONS DISPUTES:

    You agree that, if your Defensive Registration is challenged by a third party, you will be subject to the provisions specified in our Defensive Registration dispute policy in effect at the time of the dispute. You agree that in the event a Defensive Registration dispute arises with any third party, you will indemnify and hold Bravenet Web Services, Inc. harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your Defensive Registration, you agree not to make any changes to your Defensive Registration record without our prior approval. We may not allow you to make changes to such Defensive Registration record until:

    1. we are directed to do so by the judicial or administrative body, or
    2. we receive noti
    fication by you and the other party contesting your Defensive Registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your Defensive Registration and use of our domain name registration services, we may deposit control of your Defensive Registration record into the registry of the judicial body by supplying a party with a Registrar certificate from us. CONSENT:

    Defensive Registrants may be asked to give their consent to allow individuals to share a part of their space. For example, if you have filed a Defensive Registration on PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give consent to John Pqr to register JOHN.PQR.name if he can prove that PQR is his name. In such a circumstance, you will have five (5) days to respond to a request for consent.

    .name REGISTRATION RESTRICTIONS:

    Registrations in the .name TLD must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

    .name CERTIFICATIONS:

    As a .name domain name Registrant, you hereby certify to the best of your knowledge that:

    1. You have the authority to enter into this Agreement; and
    2. The registered domain name or second level domain ("SLD") email address is your Personal Name.
    PROVISION OF REGISTRATION DATAL:
    1. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes the information contained in the Whois directory, including:

      1. your full name and postal address, email address, voice telephone number, and fax number, if available;
      2. the IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name;
      3. the full name, postal address, email address, voice telephone number, and fax number, if available, of the technical contact for the domain name;
      4. the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name;
      5. the name, postal address, email address, voice telephone number, and fax number, if available, of the billing contact for the domain name. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by Internet Corporation for Assigned Names and Numbers ("ICANN")/Registry Policy. You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.
    2. You hereby represent and warrant the data provided in the registration application is true, correct, up-to-date and complete and that you will continue to keep all of the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or an ICANN/Registry Policy.
    DOMAIN NAME DISPUTE POLICY:

    If you reserved or registered a .name domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

    1. the Eligibility Requirements (the "Eligibility Requirements"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
    2. the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm; and the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.

    The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the landrush procedures in connection with the opening of the Registry TLD. The following categories of Personal Name Registrations may be registered:

    1. the Personal Name of an individual;
    2. the Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name;
    3. in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names.

    The ERDRP applies to challenges to:

    1. registered domain names and SLD email address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and
    2. to Defensive Registrations within .name.

    The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than Global Name Registry ("Registry Operator") or Registrar over the registration and use of an Internet domain name registered by a Registrant.

    DOMAIN NAME DISPUTE POLICY MODIFICATIONS:

    You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name or SLD email address 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 modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

    DOMAIN NAME DISPUTES:

    You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our 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 Bravenet harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until:

    1. we are directed to do so by the judicial or administrative body, or
    2. we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the Registry of the judicial body by supplying a party with a Registrar certificate from us.
    EMAIL FORWARDING:
    1. The service for which you have registered may, at your option, include Email Forwarding. To the extent you opt to use Email Forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of Email Forwarding, including the content of messages sent through Email Forwarding.
    2. You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage. This includes, but is not limited to the Acceptable Use Policy, as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use Email Forwarding:
      1. to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;
      2. to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;
      3. to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or
      4. for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using Email Forwarding.
    3. Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator's Email Forwarding. However, due to the nature of such systems, which actively block messages, Registry Operator shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or Bravenet Web Services, Inc. to give feedback on the decision.
    4. You understand and agree that Registry Operator may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of Email Forwarding. You further understand and agree that Registry Operator is at liberty to block your access to Email Forwarding if you use Email Forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the Email Forwarding unless it would damage the reputation of Registry Operator or jeopardize the security of Registry Operator or others to do so. Registry Operator reserves the right to immediately discontinue Email Forwarding without notice if the technical stability of Email Forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing Email Forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.
    5. You understand and agree that to the extent Registry Operator is required by law to disclose certain information or material in connection with your Email Forwarding, Registry Operator will do so in accordance with such requirement and without notice to you.
    RESERVATION OF RIGHTS:

    Bravenet Web Services, Inc. and Registry Operator Operator, expressly reserve the right to deny, cancel or transfer any Defensive Registration that it deems necessary, in its discretion, to protect the integrity and stability of the Registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Bravenet Web Services, Inc. and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees. Bravenet Web Services, Inc. and Registry Operator also reserve the right to freeze a Defensive Registration during a resolution of a dispute.

    LIMITATION OF LIABILITY:

    You agree that Registry Operator will have no liability of any kind for any loss or liability resulting from:

    1. the processing of Defensive Registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a Registered Name or SLD email address registration using these processes; or
    2. any dispute over any .name domain name, SLD email address, Defensive Registration or NameWatch Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.
    INDEMNIFICATION:

    You agree to indemnify, defend and hold harmless Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your registration. This indemnification obligation will survive the termination or expiration of this Agreement.

    COMPLIANCE WITH TERMS AND CONDITIONS:

    Registrar shall comply with the following:

    1. ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or under any other arrangement with ICANN; and
    2. operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner and applicable to all Registrars, including affiliates of Registry Operator, and consistent with ICANN's standards, policies, procedures, and practices and Registry Operator's Registry Agreement with ICANN. Among Registry Operator's operational standards, policies, procedures, and practices are those set forth in Exhibit E of the Registry-Registrar Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm. Additional or revised Registry Operator operational standards, policies, procedures, and practices for the Registry TLD shall be effective upon thirty (30) days notice by Registry Operator to Registrar.
    If you are registering a .us domain name you also agree to: Representations and Warranties:

    You represent and certify that, to the best of your knowledge and belief,

    1. neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party,
    2. you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder,
    3. you have and shall continue to have a lawful bona fide U.S. Nexus as defined in the "usTLD Nexus Requirements" ,
    4. you are of legal age to enter into this Agreement, and
    5. you agree to comply with all applicable laws, regulations and policies of Bravenet Web Services, Inc, and the usTLD Administrator.
    Provision of Registration Data:

    As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:

    1. the Registered Name;
    2. the names of the primary nameserver and secondary nameserver(s) for the Registered Name;
    3. your name and postal address;
    4. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name;
    5. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name;
    6. the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the Registered Name;
    7. any remark concerning the registered domain name that should appear in the Whois directory; and
    8. any other data NeuStar, as the Registry, requires be submitted to it, including specifically information regarding the primary purpose for which a domain name is registered (e.g., business, education, etc.). You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory pursuant to the DoC/Registry Policy. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the Department of Commerce Contract with the Registry or any USTLD Administrator/DoC Policy.
    Inaccurate or Unreliable Data:

    You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement.

    Government Use of Data:

    You understand and agree that the U.S. Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.

    Licensing of a Domain Name:

    If you intend to license use of a domain name to a third party, you nonetheless are the registrant of record and are responsible for providing full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you reasonable evidence of actionable harm

    Domain Name Dispute Policy:

    If you reserved or registered a .us domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the usTLD Administrator as documented on its website, www.neustar.us, as they may be amended from time to time, and which are hereby incorporated and made an integral part of this Agreement. View the Domain Name Dispute Policy.

    Domain Name Dispute Policy Modifications:

    You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. 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 modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

    Domain Name Disputes:

    You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute, including Registry policies incorporated by reference. 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 set forth in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until:

    1. we are directed to do so by the judicial or administrative body, or
    2. we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
    Jurisdiction:

    For the adjudication of disputes concerning or arising from use of the domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, and 2) the Commonwealth of Massachusetts.

    Suspension, Cancellation or Transfer:

    You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any usTLD Administrator adopted specification or policy, or pursuant to any registrar or usTLD Administrator procedure not inconsistent with a usTLD Administrator adopted specification or policy, (1) to correct mistakes by Registrar or the usTLD Administrator in registering the name or (2) for the resolution of disputes concerning the domain name.

    Indemnification:

    The Registrant shall indemnify and hold harmless the Bravenet Web Services, Inc. and the usTLD Administrator and their directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant's:

    1. domain name registration and
    2. use of any of a domain name.
    Reservation by usTLD Administrator:

    Bravenet Web Services, Inc. and usTLD Administrator reserve the right to deny, cancel or transfer any registration that they deem necessary, in their discretion, (1) to protect the integrity and stability of the registry, (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of usTLD Administrator or Bravenet Web Services, Inc., as well as their affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by usTLD Administrator or any registrar in connection with a domain name registration. usTLD Administrator and Bravenet Web Services, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

    Domain Registration Payment Refunds:

    Payments made for domain registrations or transfers cannot be refunded. When a domain is purchased in conjunction with a Bravenet hosting package, the domain registration fees are non-refundable. Domain transfers are non-refundable.

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TEMPLATE GALLERY TERMS OF USE

You should carefully read the following Terms of Use. Your purchase or use of our products implies that you have read and accepted these Terms of Use.

We provide our collection of website templates, collectively called the Bravenet Template Gallery, to our registered members for their sole use only, under the following guidelines, limitations and restrictions:

  1. Bravenet Gallery Templates, style sheets, graphics and code may NOT be resold, redistributed, disassembled, reverse engineered, added to any type of collection or media online or offline, offered for download from any web site nor placed online for browse-to-buy or other type viewing purposes.
  2. Our templates may not be used in any online display of sample web sites or pages. You may NOT extract images or code from the templates or style sheets to sell or distribute in any manner. You may NOT use any component of our templates or site content to produce what could be directly or indirectly considered a competitive venture against us.
  3. The sole purpose for these templates is to be used on your web sites or your clients' web sites for normal viewing, navigation and utilitarian purposes for a complete, fully functional and fully customized web site developed by YOU. You may not offer them for download or resale or in a live pick/choose environment whether it be public or private. IMPORTANT NOTE: The keywords here are "complete, fully functional and fully customized web site for you or your clients".
  4. You may NOT place our templates in whole or in part in any type of software whether online or offline nor on any type of media or server. This includes but is not limited to utilizing them as pick/choose designs in content management systems, hosting control panels or other build-your-site type programs for your customers. You are not permitted to offer them to anyone in whole or in part as any type of incentive to buy hosting, software, or other type products or services.
  5. Bravenet retains full ownership of all rights related to all materials contained in Bravenet Templates.
  6. Bravenet templates are classified as commercial software; once opened, downloaded, enabled in a Bravenet Hosting account, or otherwise accessed or sent from our mail servers, they cannot be returned nor refunds honored. You may use our copyrighted material only within our terms.

Bravenet Web Services, Inc. reserves the right to change our Terms of Use at any time without prior notice. Consult this page for the latest revision.

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PRIVACY POLICY TERMS

Our site uses cookies to facilitate use of the members area and some services. They are also used to make sure you don't see the same ad repeatedly and to deliver content specific to your interests.

Information may be shared with partners that provide co-branded services but this information is limited to that required to implement such services, and will only occur with the member's consent to participate in such services.

We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is used to gather broad demographic information.

Our site's registration form requires users to give us contact information (like their name and email address) and demographic information (like their zip code, age, or country). We use customer contact information (email address) from the registration form to send the user information about improvements, new features, or important changes in Bravenet's services.

The Bravenet site contains links to other sites. Bravenet is not responsible for the privacy practices and/or the content of such Web sites. When visiting such sites, we urge you to be an informed surfer and use caution when providing any personal data.

We may use outside companies to display ads and collect information on our site. These ads may contain cookies for optimization purposes, and Bravenet does not have access to this information. These companies may use this information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on Bravenet, other Web sites and other forms of media about goods and services of interest to you. For more information, or to learn about opting-out of such advertising technologies, please visit: http://www.networkadvertising.org

Public Services

This site makes chat rooms, forums, message boards, classified ads, and guestbooks available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Children's Privacy

Our service is not available to children under the age of 13, and we will not intentionally maintain information about anyone under the age of 13.

Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. These measures include secure servers, encrypted passwords, and other security measures to guarantee the privacy of our members. We do not store credit card information on any Bravenet servers.

Mailing Lists
a) Members Update, Tips and Tricks, Freebies and Special Offers mailing lists:
When registering a Bravenet account, you may agree to subscribe to our Members Update, Tips and Tricks, Resources, Freebies or Special Offers mailing lists. These lists may contain third-party sponsorships. You may unsubscribe from these mailing lists at any time by removing your email address here: Unsubscribe.

You have the following options for removing your information from our database to not receive future communications or to terminate your Bravenet account.

  1. All mailing lists have unsubscribe instructions contained at the bottom of the emails.
  2. You can go to the Support Center to contact Bravenet support.
  3. You can login to the Members Area here and delete your account.
  4. You can login to the Members Area here to change any information previously provided.
b) Mailing List Service
When you register to use our Mailing List Services, you must abide by all applicable legislation relating to the proper collection and use of email addresses. We will neither use, nor disclose the email addresses or personal information of your subscribers to any third party unless we are compelled by law or, in our sole discretion, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities.
Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us in the Support Center.

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