Please NOTE: by clicking the [Submit] button on our service request
form, you have indicated that you have accepted the terms in the
attached contract, which is identical to the online version. The
following is sent to your for your record keeping purposes. If you have
opted to subscibe to one of our web hosting plans you will also need to
review, and agree to, our VIRTUAL HOST SERVICE AGREEMENT, which you
should have been shown online at the time of requesting such a service,
and have received a copy via email. Copies of this, and other AZC
service contracts can be viewed at http://www.azc.com/htmls/policy.html
DOMAIN NAME REGISTRATION SERVICE AGREEMENT
AZC, Inc., also known as AZC.COM (AZC, we, us, our) and the Customer
(you, your) agree to the following:
1. [SERVICE DESCRIPTION]
As an Internet World Wide Web service provider, AZC provides domain name
registration service with the aim of helping an organization or
individual to secure a domain name for the purpose of establishing an
identity on the Internet.
The organization or individual will be offered an optional domain
registration enhancement package known as a WebCard, which would enable
the organization or individual to add email capabilities, domain
forwarding capabilities, or an online business card under the domain
name that is being registered.
2. [SERVICE USAGE]
A. The agreement hereby is for the sole use of the Customer and does not
extend to any other person or entity. The Customer may resell the
domain name to third parties but is responsible for, and bound by the
terms of this contract.
B. This service may only be utilized for lawful purposes. The usage of
the service in connection with, or adjunct to any matter that
violates any municipal, state, or federal statute or regulation is
prohibited.
The Customer agrees to indemnify and hold harmless AZC from and
against any and all claims, actions, causes of actions, losses or
damages (including legal fees) arising from the usage, by the
Customer, of the service in violation of this paragraph.
C. In the event that AZC may at any time believe that the service is
being utilized by the Customer in violation of the terms and
provisions of Section A and B above, AZC may elect to refuse to offer
such service to the Customer without any liabilities. In such cases,
the Customer will not be required to pay AZC any service fees.
3. [NO WARRANTIES]
With respect to the service provided hereunder, the Customer
acknowledges that AZC makes absolutely no warranties whatsoever,
expressed or implied. As a result, Customer agrees that AZC shall
not be liable to the Customer for any claims or damages which may be
suffered by the Customer, including, but not limited to, losses or
damages as the result of delays, non deliveries, or service
interruptions caused by the fault or negligence of AZC or any third
parties that are part of the service delivery infrastructure.
4. [USE OF INFORMATION]
The utilization of any data or information received by the Customer
from AZC is at Customer's sole and absolute risk. AZC specifically
disclaims and denies any responsibility for the completeness,
accuracy, or quality of information obtained through the services to
be provided hereby. The Customer acknowledges that some data and
information will be submitted to any applicable Internet Corporation
for Assigned Names and Numbers (ICANN)
authorized domain Registrars and that domain contact and ownership
will be displayed on publicly accessible "WHOIS" databases.
5. [DOMAIN NAME]
If the domain name desired by the Customer is one of the generic type
sanctioned and activated by ICANN, i.e. one which does not contain an
ISO country code, an unsanctioned top domain, or a restricted domain
(like.gov, .edu), AZC shall acquire an Internet Domain Name on behalf
of the Customer.
The Customer hereby waives any and all claims which he may have
against AZC for any loss, damage, claim, or expense arising out of or
in relation to the registration of such Domain Name in any on-line or
off-line network directories, membership lists or registration lists,
or the release of the Domain Name from such directories or lists
following the termination of the provided service by AZC for any
reason.
6. [WEBCARD]
AZC offers the Customer the option to enhance their domain by adding
a number of capabilities collectively known as the WebCard service.
These capabilities include the ability to send and receive email
under the domain name, to point the domain to a web address not
hosted by AZC (also known as domain forwarding or url forwarding), or
to display an online business card under the domain name.
AZC will provide a physical connection to the Internet, utilizing our
telecommunications equipment and connections for the WebCard server,
enabling access to the email accounts and/or the online business card
24 hours a day, 7 days a week, with the exception of scheduled
maintenance down time and of external conditions beyond our control
that may impair access to the functions of the WebCard service.
The Customer agrees to periodically scheduled maintenance down
time. We will provide prior notice of the maintenance down time,
except when circumstances beyond our control prevent us from doing so
or in the event where emergency repairs are necessary.
Some features of the WebCard service, by their nature, add additional
layers of complexity and increase the number of network connections
needed. As such, these services such as url or domain forwarding and
email forwarding are highly sensitive to worldwide Internet network
traffic conditions that could in turn translate to lower levels of
overall reliability. AZC does not warrant the appropriateness of the
WebCard service for applications that are critical in nature.
The Customer is responsible for, and must acquire all computer,
networking hardware, software programs, and Internet access services
necessary to access our facilities. We make no representations,
warranties, or assurances that your software and/or equipment will be
compatible with our service. Wherever possible, we will provide
suggestions to help improve compatibility, but under no circumstance
shall we be held responsible for the actions and policies made by
third party providers, or for their lack thereof.
You expressly agree that use of our WebCard is at your own risk.
Neither we, our employees, affiliates, agents, third-party
information providers, merchants, licensors or the like, guarantee
that our service will not be interrupted or error free; nor do we
make any warranty as to the results that may be obtained from the use
of our service or as to the accuracy, reliability or content of any
information serviced or merchandise contained in or provided through
our service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, will we, our officers,
agents or anyone else involved in creating, producing or distributing
our service, be liable for any direct, indirect, incidental, special
or consequential damages that result from the use of, or inability to
use our service.
Furthermore, we will not be liable for results from mistakes,
omissions, interruptions, deletions of files, errors, defects, delays
in operation or transmission, or failure of performance, as a
consequence of, but not limited to, acts of nature, communication
failure, theft, destruction of, or unauthorized access to our
records, programs or services. You acknowledge that this paragraph
shall apply to all content on your WebCard.
Your exclusive remedy for all damages, losses and causes of actions
whether in contract or tort (including negligence or otherwise) will
not (a) exceed the actual dollar amount that you paid during the
12-month period prior to the date the cause of action arose, or (b)
include any incidental, consequential, extemporaneous or punitive
damages of any kind, including without limitation: loss of data,
file, profit, good will, time, savings or revenue.
7. [WEBCARD EMAIL POLICIES]
The Webcard service offers the Customer the opportunity to send and
receive emails under the Customer's domain name. Usage of this
capability is subject to AZC's email policies as described within
AZC's "Email Service Terms and Conditions"
. The Customer will need to
review and agree to said policy, and agree to not send out
unsolicited emails from his domain. The Customer also agrees not to
promote his site or domain using unsolicited emails, even if such
emails are sent from accounts held with other providers.
The Customer hereby waives any and all claims which he may have
against AZC, for any loss, damage, claim or expense arising out of or
in relation to the cancellation of service resulting from the
Customer's violation of AZC's email policies.
8. [WEBCARD COPYRIGHT AND INTELLECTUAL PROPERTY NOTICE]
The online business card component of the WebCard service provides
the Customer with copyrighted and licensed images and graphics.
These images and graphics remain the property of their respective
copyright holders. The Customer agrees to not distribute, copy or
duplicate the images in any manner whatsoever, including the storage
of said images on the Customer's own hard drive or other offline or
online storage devices. The Customer also agrees to not use any part
of an image or modify any image provided through the WebCard service.
The Customer hereby waives any and all claims that he may have
against AZC, for any loss, damage, claim or expense arising out of,
or in relation to the cancellation of service resulting from the
Customer's violation of intellectual property rights.
9. [SERVICE FEES AND INVOICING]
All service fees for domain registration and/or other services (ie:
webcard or hositng) must be paid to AZC in advance. In the event that
the Customer fails to pay for such services in advance, AZC shall be
entitled to unilaterally terminate this agreement, in which case the
provisions of paragraphs 2, 3, 4, and 5 shall continue in full force
and effect, and/or, at its sole discretion, AZC may refuse service to
the Customer until payment is made.
For domain registration by itself (without WebCard option), the
currently published pricing on AZC's reservation request page
applies.
For a domain registration with the WebCard option, the following fees
will also apply:
WebCard option with 1 email slot (one year).......: $14.95
Additional email account (per account, per month).........: $2.00
All prices listed are in US Dollars. The domain registration fee
listed on AZC's Reservation Page
includes the ICANN required
domain name annual maintenance fee. All registrars with whom AZC does
business require the up-front payment of such fees. Fees for
additional services (ie: webcard, etc.) are recurring (annually
and/or quarterly), and AZC will bill the Customer to maintain the
active status of such additional services related to the domain
name. The fee will be shown both online and on the invoice to be
e-mailed to the Customer. The fees for additional email accounts are
collected on the first of the following month. The peak number of
email accounts in each month is used for the calculation of such
fees.
Note: AZC is unable to automatically renew domain names on the
customer's behalf. Domain Renewals are solely the responsibility of
the Customer, and must be formally requested by the customer before
the domain's expiration date. If the Customer's domain name expires
and lapses into a redemption period, the domain name's management
rights will default back to Melbourne IT / INWW, and the customer
will have to abide by Melbourne IT / INWW's redemption period
protocol. As a courtesy, AZC will notify the customer via email
and/or postal mail of the pending expiration date for the domain up
to two months prior, but it is up to the customer to respond to the
notices and renew their domain name.
In the event of a charge back by a credit card company or other
payment provider authorized by AZC, Inc, ownership of the domain name
shall be transferred to AZC, Inc. as the paying entity for the
registration. AZC, Inc. may reinstate your domain name registration
at its sole discretion upon its receipt of the registration or
renewal fee and an applicable reinstatement fee. The reinstatement
fee is currently $100.
In the event of a charge back by credit card company or other payment
provider authorized by AZC for the WebCard service, all components of
the service will be immediately suspended and disrupted, including
email and domain forwarding service. AZC will reinstate such services
at its sole discretion upon receipt of all past and present fees due.
All changes to the organization name of your whois record, including
name changes and corrections of spelling, constitute an ownership
transfer. In such an event, you will be required to pay the
registrar's current ownership transfer fee.
10. [ALL SALES ARE FINAL]
AZC, by contracts with the registrars with whom it conducts business,
is bound not to cancel a registration request once it is submitted.
Therefore, all sales from registrars to AZC are final. In turn, all
sales from AZC to the Customer are final. There are no refunds under
any circumstances.
AZC provides the Customer with final verification tools prior to the
final order confirmation. It is solely the Customer's responsibility
to properly verify all data submitted. By clicking on the [Order
Confirmation] button, Customer warrants that all information tendered
in support of the application or order is valid and correct.
AZC makes every effort in the signup process to alert a Customer of
such a consequence. It is the Customer's responsibility to assure
the accuracy and desirability of the domain name submitted to AZC.
11. [CUSTOMER AGREES TO KEEP CONTACT INFO CURRENT]
AZC is required by its contract with the said registrars to ensure
payment of the renewal fees for the Customer when the domain name is
due for renewal. AZC will notify the Customer of the impending
renewal date twice before the renewal date via email. The Customer
agrees to keep current all contact information, especially, but not
limited to, the email address, which is stored in AZC's database. In
addition, the Customer must also keep current all contact
information, especially, but not limited to, the email address in the
Registrar's "WHOIS" database.
AZC provides both secure remote access and access codes (in the form
of Customer ID and PIN numbers) at the time of receiving the service
request. In addition, the Registrar will also provide the Customer
with an access code or registry key that provides the Customer with
access to their database.
The Customer agrees to keep such information confidential and in a
safe place, and to use it for the purpose of reviewing and updating
the Customer's contact info stored in AZC's and the Registry's
database when appropriate. At the time of renewal, if AZC doesn't
receive acknowledgment from the Customer within two weeks, AZC will
inform the registrar to purge the domain name. Should this happen,
the Customer agrees to indemnify and hold harmless AZC from and
against any and all claims, actions, causes of actions, losses or
damages (including legal fees) arising from the loss of the domain
name.
12. [DOMAIN MAINTENANCE]
The Customer is solely responsible for maintaining the domain contact
information in the Registrar's "WHOIS" database. This includes, but
is not limited to, the Administrative contact name and email address,
and the Registrant organization's physical or mailing address, with
Administrative contact, and Registrant being defined as per ICANN
nomenclature.
The Customer will receive special access codes or registry keys which
will permit the Customer to access the Registrar's databases and
perform the necessary updates. The Customer acknowledges that a
change in contact information made in AZC's databases will not result
in a change in the applicable Registrar's "WHOIS" database and that
AZC will assume no liability or responsibility for changes in the
Registrar's database, although such changes may actually have been
made in AZC's own internal databases.
13. [SUPPORT]
All billing inquiries are to be initiated via email to:
billing@azc.com. All technical support questions should be directed
to support@azc.com. AZC will make a diligent effort to resolve any
problem relating to AZC's domain name registration and WebCard
services. Only after all email inquiries have failed will AZC
provide support via telephone for domain related questions. For
technical support questions regarding the WebCard service, only email
support is available. We cannot process WebCard support inquiries by
phone.
14. [ENTIRE AGREEMENT AND SEVERABILITY]
This Agreement will be interpreted and applied in accordance with the
laws of the State of California, without regard to the conflicts of
law provisions. In any action or proceeding to enforce rights under
this Agreement, the prevailing party will be entitled to recover
costs and attorneys' fees, whether or not a suit is actually filed.
This instrument constitutes the entire agreement between the parties,
and represents the complete and entire understanding of the parties
with respect to the subject matter of this agreement. This
instrument supercedes any other agreement or understanding between
the parties, whether written or oral. In the event that any term or
provision of this instrument is held by a court of competent
jurisdiction to be unenforceable, then the remaining provisions of
this instrument and the agreement which it evidences, shall remain in
full force and effect.