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Registration
Agreement and
Uniform Domain Name Dispute Resolution Policy
This section applies all customers who are registering
the domain name through CS Managed Networks. This agreement applies to the
domain name registration portion of the CS Managed Networks service; it does
NOT apply to non-domain name registration services provided by CS Managed
Networks.
Registration Agreement
1. Agreement. In this Service Agreement ("Agreement")
"you" and "your" refer to each customer and "we",
us" and "our" refer to csmanagednetworks.com. This Agreement
explains our obligations to you, and explains your obligations to us for our
various services. By selecting our service(s) you have agreed to establish an
account with us for such services. When you use your account or permit someone
else to use it to purchase or otherwise acquire access to additional service(s)
or to cancel your CS Managed Networks service(s) (even if we were not notified
of such authorization), this Agreement covers such service or actions. By using
the service(s) provided by csmanagednetworks.com under this Agreement, you
acknowledge that you have read and agree to be bound by all terms and
conditions of this Agreement and any pertinent rules or policies that are or
may be published by us.
2. Selection of a Domain Name. We cannot and do not check to see whether the
domain name you select, or the use you make of the domain name, infringes legal
rights of others. We urge you to investigate to see whether the domain name you
select or its use infringes legal rights of others, and in particular we
suggest you seek advice of competent counsel. You may wish to consider seeking
one or more trademark registrations in connection with your domain name. You
should be aware that there is the possibility we might be ordered by a court to
cancel, modify, or transfer your domain name. You should be aware that if we
are sued or threatened with lawsuit in connection with your domain name, we may
turn to you to hold us harmless and indemnify us.
3. Fees, Payment and Term. As consideration for the services you have selected,
you agree to pay CS Managed Networks the applicable service(s) fees.
Registration will not be processed until payment for services is verified or
received. All fees payable for domain name thereunder are nonrefundable unless
we provide otherwise. This section does not apply to fees payable for CS
Managed Networks' Web Hosting and Web Hosting services. Payment policy for Web
Hosting can be found at: http://www.csmanagednetworks.com/support/billing.html.
As further consideration for the domain name service(s), you agree to: (1)
provide certain current, complete and accurate information about you as
required by the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information"). You hereby grant CS Managed Networks the right to disclose
to third parties such Account Information. The Registrant, by completing and
submitting the Domain Name Registration Agreement ("Registration
Agreement"), represents that the statements in its application are true
and that the registration of the selected Domain Name, so far as the Registrant
is aware, does not interfere with or infringe upon the rights of any third
party. The Registrant also represents that the Domain Name is not being
registered for any unlawful purpose.
4. Modifications to Agreement. You agree, during the period of this Agreement,
that we may: (1) revise the terms and conditions of this Agreement; and (2)
change the services provided under this Agreement. Any such revision or change
will be binding and effective immediately on posting of the revised Agreement
or change to the service(s) on csmanagednetworks.com's web site, or on
notification to you by e-mail or by telephone or by mail. You agree to review
csmanagednetworks.com's web site, including the Agreement, periodically to be
aware of any such revisions. If you do not agree with any revision to the
Agreement, you may terminate this Agreement at any time by providing us with
notice by e-mail or by fax. Notice of your termination will be effective on
receipt and processing by us. You agree that, by continuing to use the
csmanagednetworks.com services following notice of any revision to this
Agreement or change in service(s), you abide by any such revisions or changes.
You further agree that we, in our sole discretion, may modify our Dispute
Policy at any time. You agree that, by maintaining the reservation or
registration of your domain name after modifications to the Dispute Policy
become effective, you have agreed to these modifications. You acknowledge that
if you do not agree to any such modifications, you may request that your domain
name be deleted from the domain name database.
5. Modifications to your Account. In order to change any of your account
information with us, you must use your Account Identifier and Password that you
selected when you opened your account with us. Please safeguard your Account
Identifier and Password from any unauthorized use. In no event will we be
liable for the unauthorized use or misuse of your Account Identifier or
Password.
6. Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by our current Domain Name Dispute Policy ("Dispute
Policy") which is incorporated herein and made a part of this Agreement by
reference. The current version of the Dispute Policy may be found at our web
site: http://www.csmanagednetworks.com/support/dnd.htm. Please take the time to
familiarize yourself with such policy.
7. Domain Name Disputes. You agree that, if the registration or reservation of
your domain name is challenged by a third party, you will be subject to the
provisions specified in the Dispute Policy in effect at the time of the
dispute. You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. For any dispute, you agree to
submit to the jurisdiction of the courts of your domicile, the courts of the
geographic location indicated by your WHOIS information for your domain name,
and the courts of the Volusion County, Florida.
8. Agents. You agree that, if an agent for you (i.e., an Internet Service
Provider, employee, etc.) purchased CS Managed Networks service(s) on your
behalf, you are nonetheless bound as a principal by all terms and conditions
herein, including the Dispute Policy.
9. Announcements. We reserve the right to distribute information to you that is
pertinent to the quality or operation of our services and those of our service
partners. These announcements will be predominately informative in nature and
may include notices describing changes, upgrades, new products or other
information to add security or to enhance your identity on the Internet.
10. Limitation of Liability. You agree that our entire liability, and your
exclusive remedy, with respect to any csmanagednetworks.com services(s)
provided under this Agreement and any breach of this Agreement is solely
limited to the amount you paid for such service(s). CS Managed Networks and its
contractors shall not be liable for any direct, indirect, incidental, special
or consequential damages resulting from the use or inability to use any of the
csmanagednetworks.com services or for the cost of procurement of substitute
services. Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such states, our
liability is limited to the extent permitted by law. We disclaim any and all
loss or liability resulting from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions; (2) loss or liability
resulting from data non-delivery or data mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting from the
unauthorized use or misuse of your Account Identifier or Password; (5) loss or
liability resulting from errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement; (6) loss or liability
resulting from the development or interruption of your Web site or e-mail
service. The registrant agrees that CS Managed Networks will not be liable for
any loss of registration and use of registrant's domain name, or for
interruption of business, or any indirect, special, incidental, or
consequential damages of any kind (including lost profits) regardless of the
form of action whether in contract, tort (including negligence), or otherwise,
even if CS Managed Networks has been advised of the possibility of such
damages. In no event shall CS Managed Networks' maximum liability exceed five
hundred ($500.00) dollars.
11. Indemnity. You agree to release, indemnify, and hold CS Managed Networks,
its contractors, agents, employees, officers, directors and affiliates harmless
from all liabilities, claims and expenses, including attorney's fees, of third
parties relating to or arising under this Agreement, the csmanagednetworks.com
services provided thereunder or your use of the csmanagednetworks.com services,
including without limitation infringement by you, or someone else using the
csmanagednetworks.com E-mail Service with your computer, of any intellectual
property or other proprietary right of any person or entity, or from the
violation of any csmanagednetworks.com operating rule or policy relating to the
service(s) provided. You also agree to release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy. When
csmanagednetworks.com is threatened with suit by a third party,
csmanagednetworks.com may seek written assurances from you concerning your
promise to indemnify csmanagednetworks.com; your failure to provide those
assurances may be considered by csmanagednetworks.com to be a breach of your
Agreement and may result in deactivation of your domain name.
12. Breach. You agree that failure to abide by any provision of this Agreement,
any csmanagednetworks.com operating rule or policy or the Dispute Policy, may
be considered by us to be a material breach and that we may provide a written
notice, describing the breach, to you. If within thirty (30) calendar days of
the date of such notice, you fail to provide evidence, which is reasonably
satisfactory to us, that you have not breached your obligations under the
Agreement, then we may delete the registration or reservation of your domain
name or terminate your account without further notice. Any such breach by you
shall not be deemed to be excused simply because we did not act earlier in
response to that, or any other breach by you.
13. No Guarantee. You agree that, by registration or reservation of your chosen
domain name, such registration or reservation does not confer immunity from
objection to either the registration, reservation, or use of the domain name.
14. Disclaimer of Warranties. You agree and warrant that the information that
you provide to us to register or reserve your domain name or register for other
csmanagednetworks.com service(s) is, to the best of your knowledge and belief,
accurate and complete, and that any future changes to this information will be
provided to us in a timely manner according to the modification procedures in
place at that time. You agree that your use of our csmanagednetworks.com
service(s) is solely at your own risk. You agree that such service(s) is
provided on an "as is," "as available" basis.
csmanagednetworks.com expressly disclaims all warranties of any kind, whether
express or implied, including but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
csmanagednetworks.com makes no warranty that the csmanagednetworks.com
service(s) will meet your requirements, or that the service(s) will be
uninterrupted, timely, secure, or error free; nor does csmanagednetworks.com
make any warranty as to the results that may be obtained from the use of the
service(s) or as to the accuracy or reliability of any information obtained
through the csmanagednetworks.com e-mail service or that defects in the
csmanagednetworks.com service(s) software will be corrected. You understand and
agree that any material and/or data downloaded or otherwise obtained through
the use of the csmanagednetworks.com service is done at your own discretion and
risk and that you will be solely responsible for any damage to your computer
system or loss of data that results from the download of such material and/or
data. csmanagednetworks.com makes no warranty regarding any goods or services
purchased or obtained through the service or any transactions entered into
through service. No advice or information, whether oral or written, obtained by
you from csmanagednetworks.com or through the service shall create any warranty
not expressly made herein. Some jurisdictions do not allow the exclusion of
certain warranties, so some of the above exclusions may not apply to you.
15. Revocation. You agree that we may delete your domain name or terminate your
right to use other csmanagednetworks.com service(s) if the information that you
provided to register or reserve your domain name or register for other
csmanagednetworks.com service(s), or subsequently to modify it, contains false
or misleading information, or conceals or omits any information we would likely
consider material to our decision to register or reserve your domain name. You
agree that we may, in our sole discretion, delete or transfer your domain name
at any time.
16. Right of Refusal. We, in our sole discretion, reserve the right to refuse to
register or reserve your chosen domain name or register you for other
csmanagednetworks.com service(s), or to delete your domain name within thirty
(30) calendar days from receipt of your payment for such services. In the event
we do not register or reserve your domain name or register you for other
csmanagednetworks.com service(s), or we delete your domain name or other
csmanagednetworks.com service(s) within such thirty (30) calendar day period,
we agree to refund your applicable fee(s). You agree that we shall not be
liable to you for loss or damages that may result from our refusal to register
or reserve, or delete your domain name or register you for other
csmanagednetworks.com service(s).
17. Severability. You agree that the terms of this Agreement are severable. If
any term or provision is declared invalid or unenforceable, that term or
provision will be construed consistent with applicable law as nearly as
possible to reflect the original intentions of the parties, and the remaining
terms and provisions will remain in full force and effect.
18. Non-Agency. Nothing contained in this Agreement or the Dispute Policy shall
be construed as creating any agency, partnership, or other form of joint
enterprise between the parties.
19. Non-Waiver. The failure of csmanagednetworks.com to require performance by
the Registrant of any provision hereof shall not affect the full right to
require such performance at any time thereafter; nor shall the waiver by
csmanagednetworks.com of a breach of any provision hereof be taken or held to
be a waiver of the provision itself.
20. Notices. Any notice, direction or other communication given under this
Agreement shall be in writing and given by sending it via e-mail or via regular
mail. In the case of e-mail, valid notice shall only have been deemed to have
been given when an electronic confirmation of delivery has been obtained by the
sender, in the case of notice to us to support@csmanagednetworks.com. Mail
shall be sent to: CS Managed Networks, 1251 N. Old Mill Dr., Deltona, FL 32725,
and to you at the mailing address provided in your application or as updated
from time to time. Any e-mail communication shall be deemed to have validly and
effectively given on the date of such communication, if such date is a business
day and such delivery was made prior to 4:00 p.m. EST and otherwise on the next
business day. Any communication sent via regular mail shall be deemed to have
been validly and effectively given 5 business days after the date of mailing.
21. Entirety. You agree that this Agreement, the rules and policies published by
csmanagednetworks.com and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our csmanagednetworks.com services. This
Agreement and the Dispute Policy supersede all prior agreements and
understandings, whether established by custom, practice, policy or precedent.
22. Governing Law. You agree that this Agreement shall be governed in all
respects by and interpreted in accordance with the laws of the State of Florida
and the federal laws of the Unites States of America applicable therein without
reference to rules governing choice of laws. Any action relating to this
agreement must be brought in the County of Volusia courts located in Volusia
County, Florida and you irrevocably consent to the jurisdiction of such courts.
23. Infancy. You attest that you are of legal age to enter into this Agreement.
24. Acceptance of agreement. You acknowledge that you have read this agreement
and agree to all its terms and conditions. You have independently evaluated the
desirability of participating in the affiliate network and are not relying on
any representation, guarantee or statement other than as set forth in this
agreement.
Uniform Domain Name Dispute Resolution Policy (As Approved by
ICANN on October 24, 1999)
1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the
"Policy") has been adopted by the Internet Corporation for Assigned
Names and Numbers ("ICANN"), is incorporated by reference into your
Registration Agreement, and sets forth the terms and conditions in connection
with a dispute between you and any party other than us (CS Managed Networks)
over the registration and use of an Internet domain name registered by you.
Proceedings under Paragraph 4 of this Policy will be conducted according to the
Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of
Procedure"), and the selected administrative-dispute-resolution service
provider's supplemental rules.
2. Your Representations. By applying to register a domain name, or by asking us
to maintain or renew a domain name registration, you hereby represent and
warrant to us that (a) the statements that you made in your Registration
Agreement are complete and accurate; (b) to your knowledge, the registration of
the domain name will not infringe upon or otherwise violate the rights of any
third party; (c) you are not registering the domain name for an unlawful
purpose; and (d) you will not knowingly use the domain name in violation of any
applicable laws or regulations. It is your responsibility to determine whether
your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise
make changes to domain name registrations under the following circumstances: a.
subject to the provisions of Paragraph 8, our receipt of written or appropriate
electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of
competent jurisdiction, requiring such action; and/or c. our receipt of a
decision of an Administrative Panel requiring such action in any administrative
proceeding to which you were a party and which was conducted under this Policy
or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k)
below.) We may also cancel, transfer or otherwise make changes to a domain name
registration in accordance with the terms of your Registration Agreement or
other legal requirements.
4. Mandatory Administrative Proceeding. This Paragraph sets forth the type of
disputes for which you are required to submit to a mandatory administrative
proceeding. These proceedings will be conducted before one of the
administrative-dispute-resolution service providers listed at
http://www.icann.org/udrp/approved-providers.htm (each, a
"Provider"). a. Applicable Disputes. You are required to submit to a
mandatory administrative proceeding in the event that a third party (a
"complainant") asserts to the applicable Provider, in compliance with
the Rules of Procedure, that (i) your domain name is identical or confusingly
similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name;
and (iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these
three elements are present. b. Evidence of Registration and Use in Bad Faith.
For the purposes of Paragraph 4(a)(iii), the following circumstances, in
particular but without limitation, if found by the Panel to be present, shall
be evidence of the registration and use of a domain name in bad faith: (i)
circumstances indicating that you have registered or you have acquired the
domain name primarily for the purpose of selling, renting, or otherwise
transferring the domain name registration to the complainant who is the owner
of the trademark or service mark or to a competitor of that complainant, for
valuable consideration in excess of your documented out-of-pocket costs
directly related to the domain name; or (ii) you have registered the domain
name in order to prevent the owner of the trademark or service mark from
reflecting the mark in a corresponding domain name, provided that you have
engaged in a pattern of such conduct; or (iii) you have registered the domain
name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for
commercial gain, Internet users to your web site or other on-line location, by
creating a likelihood of confusion with the complainant's mark as to the
source, sponsorship, affiliation, or endorsement of your web site or location
or of a product or service on your web site or location. c. How to Demonstrate
Your Rights to and Legitimate Interests in the Domain Name in Responding to a
Complaint. When you receive a complaint, you should refer to Paragraph 5 of the
Rules of Procedure in determining how your response should be prepared. Any of
the following circumstances, in particular but without limitation, if found by
the Panel to be proved based on its evaluation of all evidence presented, shall
demonstrate your rights or legitimate interests to the domain name for purposes
of Paragraph 4(a)(ii): (i) before any notice to you of the dispute, your use
of, or demonstrable preparations to use, the domain name or a name
corresponding to the domain name in connection with a bona fide offering of
goods or services; or (ii) you (as an individual, business, or other
organization) have been commonly known by the domain name, even if you have
acquired no trademark or service mark rights; or (iii) you are making a
legitimate noncommercial or fair use of the domain name, without intent for
commercial gain to misleadingly divert consumers or to tarnish the trademark or
service mark at issue. d. Selection of Provider. The complainant shall select
the Provider from among those approved by ICANN by submitting the complaint to
that Provider. The selected Provider will administer the proceeding, except in
cases of consolidation as described in Paragraph 4(f). e. Initiation of
Proceeding and Process and Appointment of Administrative Panel. The Rules of
Procedure state the process for initiating and conducting a proceeding and for
appointing the panel that will decide the dispute (the "Administrative
Panel"). f. Consolidation. In the event of multiple disputes between you
and a complainant, either you or the complainant may petition to consolidate
the disputes before a single Administrative Panel. This petition shall be made
to the first Administrative Panel appointed to hear a pending dispute between
the parties. This Administrative Panel may consolidate before it any or all
such disputes in its sole discretion, provided that the disputes being
consolidated are governed by this Policy or a later version of this Policy
adopted by ICANN. g. Fees. All fees charged by a Provider in connection with
any dispute before an Administrative Panel pursuant to this Policy shall be
paid by the complainant, except in cases where you elect to expand the
Administrative Panel from one to three panelists as provided in Paragraph
5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly
by you and the complainant. h. Our Involvement in Administrative Proceedings.
We do not, and will not, participate in the administration or conduct of any
proceeding before an Administrative Panel. In addition, we will not be liable
as a result of any decisions rendered by the Administrative Panel. i. Remedies.
The remedies available to a complainant pursuant to any proceeding before an
Administrative Panel shall be limited to requiring the cancellation of your
domain name or the transfer of your domain name registration to the
complainant. j. Notification and Publication. The Provider shall notify us of
any decision made by an Administrative Panel with respect to a domain name you
have registered with us. All decisions under this Policy will be published in
full over the Internet, except when an Administrative Panel determines in an
exceptional case to redact portions of its decision. k. Availability of Court
Proceedings. The mandatory administrative proceeding requirements set forth in
Paragraph 4 shall not prevent either you or the complainant from submitting the
dispute to a court of competent jurisdiction for independent resolution before
such mandatory administrative proceeding is commenced or after such proceeding
is concluded. If an Administrative Panel decides that your domain name
registration should be canceled or transferred, we will wait ten (10) business
days (as observed in the location of our principal office) after we are
informed by the applicable Provider of the Administrative Panel's decision
before implementing that decision. We will then implement the decision unless
we have received from you during that ten (10) business day period official
documentation (such as a copy of a complaint, file-stamped by the clerk of the
court) that you have commenced a lawsuit against the complainant in a
jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii)
of the Rules of Procedure. (In general, that jurisdiction is either the
location of our principal office or of your address as shown in our Whois
database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for
details.) If we receive such documentation within the ten (10) business day
period, we will not implement the Administrative Panel's decision, and we will
take no further action, until we receive (i) evidence satisfactory to us of a
resolution between the parties; (ii) evidence satisfactory to us that your
lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such
court dismissing your lawsuit or ordering that you do not have the right to
continue to use your domain name.
5. All Other Disputes and Litigation. All other disputes between you and any
party other than us regarding your domain name registration that are not
brought pursuant to the mandatory administrative proceeding provisions of
Paragraph 4 shall be resolved between you and such other party through any
court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes. We will not participate in any way in any
dispute between you and any party other than us regarding the registration and
use of your domain name. You shall not name us as a party or otherwise include
us in any such proceeding. In the event that we are named as a party in any
such proceeding, we reserve the right to raise any and all defenses deemed
appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo. We will not cancel, transfer, activate,
deactivate, or otherwise change the status of any domain name registration
under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute. a. Transfers of a Domain Name to a New Holder.
You may not transfer your domain name registration to another holder (i) during
a pending administrative proceeding brought pursuant to Paragraph 4 or for a
period of fifteen (15) business days (as observed in the location of our
principal place of business) after such proceeding is concluded; or (ii) during
a pending court proceeding or arbitration commenced regarding your domain name
unless the party to whom the domain name registration is being transferred
agrees, in writing, to be bound by the decision of the court or arbitrator. We
reserve the right to cancel any transfer of a domain name registration to
another holder that is made in violation of this subparagraph. b. Changing
Registrars. You may not transfer your domain name registration to another
registrar during a pending administrative proceeding brought pursuant to
Paragraph 4 or for a period of fifteen (15) business days (as observed in the
location of our principal place of business) after such proceeding is
concluded. You may transfer administration of your domain name registration to
another registrar during a pending court action or arbitration, provided that
the domain name you have registered with us shall continue to be subject to the
proceedings commenced against you in accordance with the terms of this Policy.
In the event that you transfer a domain name registration to us during the
pendency of a court action or arbitration, such dispute shall remain subject to
the domain name dispute policy of the registrar from which the domain name
registration was transferred.
9. Policy Modifications. We reserve the right to modify this Policy at any time
with the permission of ICANN. We will post our revised Policy at at least
thirty (30) calendar days before it becomes effective. Unless this Policy has
already been invoked by the submission of a complaint to a Provider, in which
event the version of the Policy in effect at the time it was invoked will apply
to you until the dispute is over, all such changes will be binding upon you
with respect to any domain name registration dispute, whether the dispute arose
before, on or after the effective date of our change. In the event that you
object to a change in this Policy, your sole remedy is to cancel your domain
name registration with us, provided that you will not be entitled to a refund
of any fees you paid to us. The revised Policy will apply to you until you
cancel your domain name registration.
Limitation of Liabilities & Legal Jurisdiction
1. User agrees to use all CS Managed Networks' services and facilities
at User's own risk. CS Managed Networks specifically disclaims all warranties
of merchantability and fitness for a particular purpose. In no event shall CS
Managed Networks be liable for any loss, or loss of data, or any other damages.
2. User is solely responsible for usage of CS Managed Networks and any statement
User makes on CS Managed Networks' system may be deemed a "publication
" of the information entered. Acknowledging the foregoing, User
specifically agrees not to use CS Managed Networks' service in any manner that
is illegal, libelous, or against any CS Managed Networks policy.
3. This Agreement shall be governed by and interpreted in accordance with the
laws of the State of Florida, United States of America, and the courts of the
judicial district of county of Volusia shall have exclusive jurisdiction in
respect of any proceeding in connection with this Agreement.
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