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MustBeOnline.net

MustBeOnline.net

MustBeOnline.net

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the domain name registration services provided by Registrars.com™ Corp. to register an Internet domain name, as well as the registration of the domain name. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement, any rules or policies that are or may be published by Registrars.com™ from time to time, and the rules and regulations set forth by the registry administrators for the respective registries. This Agreement will become effective upon acceptance by Registrars.com™. Registrars.com™ may at its sole discretion, elect to accept or reject any application for registration of domain name for any reason, including but not limited to, rejection due to a request for registration of a prohibited domain name.

1. WHO WE ARE AND WHAT WE DO
Registrars.com™ is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") and has been granted the right to provide Internet domain registration services for second-level domain names within the .com, .org and .net top-level domains.
Upon Registrars.com™'s receipt of domain name registration information from you, Registrars.com™ shall submit the information to the registry administrator for approval and processing. The registry administrator then puts into effect the domain name registration. Network Solutions, Inc. currently acts as the registry administrator for the .com, .org, and .net top-level domains. Registrars.com™ also registers, administers and renews various country code top-level domains including .co .uk. .md and .ky. The registry administrator varies by individual country code. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by the applicable registry administrators.
Registrars.com™ is not liable or responsible for any errors, omissions, or other actions by the registry administrator arising out of or related to your application or receipt of, or failure to receive a domain name registration. You agree to indemnify, defend and hold harmless Registrars.com™, the registry administrator and their 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 related to your domain name.

2. FEES
As consideration for Registrars.com™ providing domain name registration services to you, you agree to pay Registrars.com™, prior to the approval of the desired domain name registration, the amounts set forth in the registrars.com™ Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals. You agree that Registrars.com™ reserves the right to increase its fees and you agree to be bound by any fee increase.
Your application will not be registered until Registrars.com™ receives actual payment of the registration fee, or reasonable assurance of payment of the registration fee from a third party, such reasonable assurance to be determined by registrars.com™ in its sole discretion.
All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.
In the event of a charge back by a credit card company or other payment provider authorized by Registrars.com™, the domain name registration shall be transferred to Registrars.com™ as the paying entity for the registration. Registrars.com™ may reinstate your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently US$200.
Registrars.com™ will notify you when your renewal fees are due. If these fees remain unpaid when a second notice or reminder is issued, your registration will be cancelled. Payment must be made by credit card or other methods we indicate in registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge accordingly.

3. DISPUTE POLICY
You agree to be bound by the Registrars.com™ Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found at www.registrars.com/disputepolicy.
The disputes which are subject to the Dispute Policy are contained in the Dispute Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the domain name registration is disputed by a third party.
You also agree that in the event a domain name dispute arises with any third party, you shall indemnify and hold Registrars.com™ harmless pursuant to the terms and conditions contained in the Dispute Policy.

4. CHANGES TO REGISTRATION AGREEMENT AND DISPUTE POLICY
You acknowledge and recognize that the domain name system and the practice of registering and administering domain names are continuously evolving, and acknowledge and agree that registrars.com™ may modify this Agreement and the Dispute Policy as necessary from time to time to comply with its agreement with ICANN and any other agreements by which registrars.com™ is or will be bound, and to adjust to changing business circumstances. You agree that registrars.com™ reserves the right to withhold and/or change its existing and future services and the terms and conditions thereof at its discretion. You agree to be bound by any such changes unless you provide us with written notification to the contrary. Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.

5. DOMAIN NAME REGISTRATION INFORMATION AND ITS USE
INFORMATION YOU ARE REQUIRED TO SUBMIT
As part of the registration process, you are required to submit to Registrars.com™ and keep promptly updated the following information in connection with your application for domain name registration:
(a) the domain to be registered;
(b) the IP names and address of the primary name servers and any secondary name servers;
(c) the domain name holder's name, mailing address, e-mail address, telephone number, and fax number;
(d) the name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name;
(e) the name of the authorized contact person if the domain name holder is an organization, association, or corporation;
(f) the name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.
(g) the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;
(h) the name, mailing address, email address, telephone number, and fax number of the zone contact for the domain name; and
(i) any remark concerning the registered domain name that should appear in the Whois database.
You shall provide and maintain updated information at all times with Registrars.com™. Registrars.com™ at its option may refuse to renew any registrations unless you maintain current and updated information at all times.
Registrars.com™ may from time to time request additional information from you. While not obligated to provide the additional information, you should provide the additional requested information to ensure that you will obtain all the products and services which Registrars.com™ makes available to domain name registrants.

ADDITIONAL INFORMATION MAINTAINED ABOUT YOUR REGISTRATION
In Addition to the information you provide, we maintain additional information relating to your domain name registration, including:
(a) the original creation date of the registration;
(b) the date and time the registration application was submitted to us and the appropriate registry;
(c) communications constituting registration orders, modifications, or terminations and related correspondence;
(d) records of account for your domain name registration, including dates and amounts of all payments and refunds;
(e) the expiration date of the registration; and
(f) other information regarding all other activity regarding your domain name registration and related services.

OBLIGATIONS RELATING TO DATA PROVIDED BY YOU
If in registering a domain name you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement. You acknowledge that:
(a) Willfully providing inaccurate or unreliable information;
(b) willfully failing to update information promptly; or
(c) failing to respond to Registrars.com™'s inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request; Shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

DISCLOSURE AND USE OF REGISTRATION INFORMATION
You agree to authorize registrars.com™ to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree registrars.com™ may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through Registrars.com™'s WHOIS service, for targeted marketing, or for any other purpose as required or permitted by ICANN and applicable laws.
In addition, you acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that Registrars.com™ may or must make available to the public or to private entities, and the manner in which such information is made available.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of the domain name registration information.
You may access your domain name registration information in Registrars.com™'s possession to review, modify or update such information, by accessing our domain manager service, or similar service, available at our web site at http://www.registrars.com. You acknowledge and agree that Registrars.com™ shall give notice to the domain name holder stating the intended purposes for which data collected about identified or identifiable natural persons ("personal data") will be used, the intended data recipients or their categories (including the registry administrator and others who will obtain data from the registry), distinguish between obligatory and non-obligatory data, and how the data subject can access and correct data about themselves. You agree to give notice equivalent to the foregoing to any third parties whose personal data you supply to registrars.com™ and you agree to obtain the consent of those parties equivalent to the foregoing.
We will not process any data about identified or identifiable natural persons that we obtain from you in a way incompatible with the purposes and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

6. REGISTRAR TRANSFER
In the event that you are transferring one or more domain names registered with another registrar to Registrars.com™, you agree that express authorization is required from one with apparent authority to legally bind the domain name holder. Specifically, you agree that only the domain name holder or administrative contact for the domain name holder as shown in the Whois database of the transferring registrar can provide such authorization. You represent that you are the domain name holder or administrative contact of the domain name holder as shown in the Whois database of your current registrar, and that you have apparent authority to legally bind the domain name holder. You authorize Registrars.com™ to contact your current registrar to confirm that you are the domain name holder of record or the administrative contact of the domain name holder. You authorize the transfer of registration(s) to registrars.com™ for the domain name(s) listed in the Registrar Transfer Application.
You agree that you shall not transfer your domain name registration until sixty days have elapsed from the time of initial domain name registration. You agree that the transfer of domain name registrations may be refused if there is a dispute concerning the domain name or the domain name holder's identity, if the domain name holder is the subject of a pending bankruptcy, by operation of law, or in the scenarios in the domain name dispute policy, or at the current registrar's discretion.
You agree that the transfer of registrars to Registrars.com™ necessitates the payment of a new one-year registration fee to the Registry and you agree to be responsible for such payment. You acknowledge that the transferring registrar will not receive a refund for any fees already paid.
You agree that the domain name holder shall keep suitable records to show and evidence initial domain name registration date despite the number of registrars that the domain name holder has contracted with. In transferring domain name registration(s), you agree that Registrars.com™ acquires rights of ownership in registrar identity, the original registration creation date, the registration expiry date, the name and postal address of the domain name holder, and the name, postal address, e-mail address, voice telephone number, and fax number of the administrative and technical contacts for the domain name holder.

7. OWNERSHIP TRANSFER
You agree that in the case of transfer of domain name ownership, the relinquishing domain name holder shall give up the domain name registration(s) being transferred, release Registrars.com™ from all of its obligations to the relinquishing domain name holder under this Agreement, and release Registrars.com™ from any and all liabilities, demands, and claims. You agree that nothing in this Agreement is to be taken as assigning the relinquishing domain name holder's rights. You agree that the relinquishing domain name holder hereby provides authorization to Registrars.com™ to transfer ownership of domain name registrations specified and to transfer domain name registrations to itself. You agree that the relinquishing domain name holder shall not be refunded registration fees already paid to Registrars.com™.
You agree that in the case of transfer of domain name ownership, the new domain name holder shall be bound by all of the terms and conditions of this Agreement, as in force when the new domain name holder is registered as owner. You agree that the new domain name registration(s) shall be billed to the new domain name holder. You agree that the new domain name holder shall be bound by the Registrars.com™ Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found at www.registrars.com/disputepolicy. You acknowledge that the transfer of domain name ownership will result in a change to the domain name registration creation date to reflect the date the transfer of ownership occurs.You acknowledge that the transfer of domain name ownership shall be effective upon notification to the new domain name holder of domain name registration by Registrars.com™.

8. OWNERSHIP OF DATA
You agree and acknowledge that Registrars.com™ owns the following:
(a) all database, compilation, collective and similar right, title and interests worldwide in the domain name database;
(b) all information and derivative works generated from the domain name database; and
(c) information for the registrations for which Registrars.com™ acts as the registrar including:
(i) the original creation date of the registration;
(ii) the expiration date of the registration;
(iii) the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name; (iv) remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
(v) other information generated or obtained in connection with the provision of domain name registration services, other than the domain name being registered, and the IP names and addresses of the primary nameserver and any secondary nameservers subject to a non-exclusive, irrevocable, royalty-free license to exercise or have exercised all such rights for or on behalf of ICANN throughout the world, which ICANN may sublicense to any other registrar it accredits and a non-exclusive, irrevocable, royalty-free license to make use of and disclose the data elements comprising the domain name to be registered, the IP names and addresses of the primary name servers and any secondary name servers, the identity of the registrar, the registration expiry date, the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, and zone contact, and any remark concerning the registered domain name that should appear in Whois data in a Whois or similar service. ICANN may waive, in writing, the requirement for the non-exclusive, irrevocable, royalty-free license to make use of and disclose the data elements comprising the domain name to be registered, the IP names and addresses of the primary name servers and any secondary name servers, the identity of the registrar, the registration expiry date, the name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, and zone contact, and any remark concerning the registered domain name that should appear in Whois data in a Whois or similar service.
Registrars.com™ does not have any ownership interest in your specific personal registration information outside of your right in our domain name database.

9. AGENTS AND LICENSES
You agree that in the event you register a domain name for another entity, you represent that you have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.
You acknowledge and agree that if you license the use of your registered domain name to a third party, you remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely Resolution of any problems that arise in connection with domain name and domain registration. You agree that the second-level domain name holder who uses this provision accepts liability for harm caused by the wrongful use of the second-level domain name unless it promptly provides the licensee's identity to a party presenting the second-level domain name holder with reasonable evidence of an actionable harm.

10. LIMITATION OF LIABILITY
You agree that Registrars.com™ shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if Registrars.com™ has been advised of the possibility of such damages, and in particular Registrars.com™ will not be liable for the following:
(a) suspension or loss of your domain registration;
(b) use of your domain name registration;
(c) interruption of your business;
(d) access delays or interruptions to any web sites accessed by your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;
(f) events beyond the reasonable control of Registrars.com™;
(g) processing of an application for domain name registration; or
(h) application of the Dispute Policy. Registrars.com™ shall not, under any circumstances, be liable for any errors, omissions or other actions by the registry administrator arising out of or related to your domain name registration, or failure to receive a domain name registration.
Registrars.com™'s maximum aggregate liability shall not exceed the greater of:
(a) the total amount paid by you for registration of the domain name; or
(b) $500.00.

11. INDEMNIFICATION OF REGISTRARS.COM™
You agree to defend, indemnify and hold harmless Registrars.com™ and the registry administrator, including its employees, directors, officers, representatives, agents and affiliates, from any loss, damages or costs, including reasonable legal fees and expenses, resulting from any claim, action, suit, demand, or other proceeding related to or arising out of the registration or use of its domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.

12. REPRESENTATIONS AND WARRANTIES
You represent that, to the best of your knowledge and belief, that:
(a) all information provided in connection with your domain name registration is accurate;
(b) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.
You acknowledge and agree that all domain name registration services provided to you by Registrars.com™ are provided on an "as is" basis. Registrars.com™ makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose. Registrars.com™ makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.

13. BREACH AND REVOCATION
Registrars.com™ reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that:
(a) you materially breach this Agreement and do not cure such breach within thirty (30) calendar days of notice from Registrars.com™;
(b) you use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
(c) you use your domain name in connection with unlawful activity; or
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement.
You further acknowledge and agree that your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Registrars.com™) or registry administrator according to procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by Registrars.com™, another registrar or the registry administrator in registering or administering the name or for the resolution of disputes concerning the domain name. You also agree that Registrars.com™ has the right in its sole discretion to cancel, with reasonable cause, or in its sole discretion to suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days' prior written notice. You also agree that registrars.com™ has the right to suspend, cancel, transfer, or otherwise modify a domain name registration pursuant to a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer, or modification of the domain name registration.

14. OTHER TERMS AND CONDITIONS
FORCE MAJEURE.
Registrars.com™ shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.
NON-WAIVER.
The failure of Registrars.com™ to require your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by registrars.com™ of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
SURVIVAL.
The provisions, terms, conditions, representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.
NOTICE.
You agree that any notice or communications required or permitted to be delivered under this Agreement by registrars.com™ to you shall be deemed to have been given if delivered in accordance with the contact information you have provided.
GOVERNING LAW.
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all contemplated by this Agreement shall be governed by the laws of California, as if this Agreement was a contract wholly entered into and wholly performed within the province of California. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the Registrars.com™ site shall be brought exclusively in the California Supreme Court.
For the adjudication of disputes concerning or arising from use of the domain name, the domain name holder shall submit, without prejudice, to other potentially applicable jurisdictions, to the jurisdiction of the courts of the domain name holder's domicile or where the registrar is located.
LEGAL FEES.
If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought against party, the prevailing party shall be entitled to recover reasonable legal fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
ASSIGNMENT.
You agree that you will not assign, sub-license or transfer your rights or obligations under this Agreement to any third party unless you bring to the attention of such third party this Agreement, including all of its terms and conditions, and that you will cause such third party to agree to be bound by this Agreement in its entirety.

15. GENERAL
ENTIRE AGREEMENT.
This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.
AMENDMENT IN WRITING.
This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Registrars.com™.
FURTHER ASSURANCES.
The parties here in shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
RELATIONSHIP OF THE PARTIES.
Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
JOINT AND SEVERAL OBLIGATIONS.
If any party consists of more than entity, their obligations here under are joint and several. NO THIRD PARTY BENEFICIERIES.
This Agreement does not provide and shall not be construed to provide any third parties, with any remedy, claim, cause of action or privilege.
SUCCESSORS AND ASSIGNS.
This Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
SEVERABILTIY.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Registrars.com™ will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Registrars.com™ as reflected in the original provision.

© 2000-2001 Registrars.com. All rights reserved.

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