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USA WEBHOST MASTER SERVICES AGREEMENT

This Agreement explains USA Webhost obligations to you, and your obligations to USA Webhost in relation to the Services. When you or someone else you have permitted, uses, modifies or cancels the Services on your behalf (even if we were not notified of such authorization), or requests or purchases additional services under your account, this Agreement covers any such service or actions.

You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement.

YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHTS IN A DOMAIN NAME ARE NOT EXCLUSIVE, AND ARE ONLY COMPRISED OF THOSE RIGHTS CONVEYED TO YOU IN THIS AGREEMENT, AND SUBJECT TO THE LIMITATIONS STATED HEREIN.

Domain Name Registration, Administration and Renewal Services

Generic Top Level Domain Registrations

USA Webhost is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for various generic top-level domain names, including but not limited to, .com, .net, .org, .biz, .info, .name and .pro ("gTLDs").
You acknowledge and agree that your rights to any domain name registered or renewed by on your behalf or USA Webhost otherwise used in conjunction with the Services are not being granted by but are USA Webhost subject to the rules and regulations of the Internet Corporation for Assigned Names and Numbers ("ICANN"), the related registry and applicable law. As such, in addition to this Agreement, you agree to also abide by any and all terms and conditions promulgated by ICANN, as amended from time to time, which are hereby incorporated and made a part of this Agreement by reference, for all domain name registrations or renewals, including but not limited to, the Uniform Domain Name Dispute Resolution Policy ("UDRP"), as well as any policy that ICANN has established or may establish with respect to Domain Names and/or WHOIS information

No Guarantee of Registration or Renewal

As a domain name registrar, upon accepting your application to register or renew a domain name, USA Webhost is your sponsor for that application. No domain name registrations shall be deemed effective unless and until we deliver the domain name registration or renewal application you provide us to the appropriate registry administrator, as applicable, and that registry administrator accepts your application and activates your domain name registration or renewal. You will be entitled to a refund only if your registration is unsuccessful.

You acknowledge and agree that USA Webhost does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available or you are able to complete an order with respect to such name. You also understand that USA Webhost cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that USA Webhost is not responsible for any inaccuracies or errors in the domain name registration or renewal process.

YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT YOUR REGISTRATION OR RENEWAL HAS BEEN PROPERLY PROCESSED. You further acknowledge and agree that USA Webhost may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited, improper, unavailable, infringing or questionable domain name. You also acknowledge and agree that USA Webhost is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.

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 (i) the statements that you make in connection with such registration, maintenance, or renewal are complete and accurate, and your contact information will be kept current; (ii) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (iii) you are not registering the domain name for an unlawful purpose; and (iv) you will not use the domain name in violation of any applicable laws or regulations or USA Webhost’s rules or policies including, but not limited to, USA Webhost.

Acceptable Use Policy

You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights.

Domain Name Registrant

When registering a domain name with us, you will be asked to designate a registrant for the domain name. The registrant of a domain name possesses all rights granted by USA Webhost under this Agreement to act with respect to that domain name and any other services obtained from USA Webhost for use therewith. These rights include, but are not limited to, the authority to terminate, transfer (where permitted by the Agreement) or modify such services, or obtain additional services.

IF A REGISTRANT TRANSFERS A DOMAIN NAME TO ANOTHER REGISTRAR OR TO A NEW REGISTRANT, THE USA Webhost SERVICES ASSOCIATED WITH THAT DOMAIN NAME MAY TERMINATE FOLLOWING SUCH TRANSFER.

Administrative Contact

During the registration process or thereafter, you must also designate an administrative contact. The administrative contact may be the same person or entity as the registrant, or may be different. The registrant may delegate certain of its rights to the administrative contact, including managing the domain name, purchasing additional services and/or transferring the domain name registration to a different registrar where allowable. The registrant is responsible for all actions or omissions of the administrative contact.

Transfer Lock

You acknowledge and agree that USA Webhost , at our sole discretion and for any reason, may place and/or keep your domain name on transfer lock, which helps to prevent unauthorized transfers. We will attempt to provide you with notice of the activation of transfer lock for the domain names in your account by email or through the domain name registration process. When a name is in a "locked" status, it cannot be transferred to another registrar, even if the transfer is initiated by you. If you would like to transfer your name to another registrar while it is on "locked" status, you must first unlock your domain name by contacting customer service. Locking does not interfere with your ability to make DNS and contact changes to your domain name. You can check, and make changes to, your domain name's lock status in account manager.

In the event you do not renew the domain name during the Expiration Period, the domain name will automatically be made available to other parties for purchase at the end of the Expiration Period. During the Expiration Period, USA Webhost may (i) direct the domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other page that may include promotions and advertisements for, and links to, USA Webhost.

Fees, Service Term, Renewal Reminders

As consideration for the Services, you agree to pay USA Webhost the applicable fees set forth on our Website or in the related ordering process at the time you request the Service from USA Webhost. All fees are due immediately and are non-refundable, except as otherwise expressly stipulated herein. Each domain name registration is for a one-year initial term, or such longer term as you may order or as may be required by a particular registry administrator, and is renewable thereafter for successive one to ten-year terms, as set forth during the renewal process.
Domain name registrations, USA Webhost will attempt to send this reminder by email to the administrative contact and registrant on file for the domain name registration. In the event of a charge back by a credit card company or other non-payment by you in connection with your payment of the applicable service or renewal fee, you acknowledge and agree that the Service for which such fee has not been paid may be suspended, canceled or terminated, in USA Webhost’s sole discretion, with or without notice to you, or, in the case of a domain name, transferred to USA Webhost as the entity that has paid the applicable fee to the registry or otherwise modify the contact information in the WHOIS record for such domain name registration to include USA Webhost contact information or that of a third party. In addition, we reserve all rights regarding such domain name registration including, without limitation, the right to (i) make the domain name registration available to other parties for purchase; and (ii) to disable the DNS so that the domain name no longer resolves on the Internet, or to direct the domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other page. registration. We will reinstate any such Service solely at our discretion, and subject to our receipt of the applicable Service or renewal fee AND our then-current reinstatement fee.

ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM.

You acknowledge and agree that, to the extent necessary, it is your responsibility to: (i) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (ii) provide for your own connection to the Internet and pay any telephone service fees associated with such connection. You acknowledge that you assume all risk and all consequences if you wait until close to or after the end of a Service term to attempt to renew such Service. If a Service is not successfully renewed prior to the expiration of its then-current term, all your rights to such Service will terminate, and we will have no obligation to allow you to renew a Service once its expiration date has passed, even if a registry administrator or third party service provider provides a grace period to USA Webhost upon expiration or termination of such Service. You acknowledge that post-expiration renewal or redemption processes implemented on your behalf are at our discretion, and subject to receipt of the applicable Service or renewal fee AND our then current reinstatement and/or reconstruction fee, as applicable.

Specifically, with respect to domain names, you acknowledge and agree that USA Webhost may, upon expiration or termination, elect, at its sole discretion, to: (i) delete the domain name, (ii) renew the domain name on behalf of a third party, (iii) sell or auction the domain name; or (iv) otherwise make such domain name available to third parties. Any expired gTLD domain name that is not sold, renewed or otherwise made available to a third party will generally be deleted between thirty-five (35) and forty-five (45) days from the expiration date.

In addition, upon expiration of a domain name registration, USA Webhost may elect, at its sole discretion, to disable the DNS so that the domain name no longer resolves on the Internet, or to direct the domain name to an IP address designated by us. Additionally, you agree that we may modify the contact information in the WHOIS record for the expired domain name registration to include USA Webhost contact information or that of a third party.

RENEWAL

Your Obligations

You are solely responsible for the credit card and billing contact information you, your agents or Assignees (as further defined herein) provide to USA Webhost and you acknowledge and agree that you will promptly inform USA Webhost of any changes thereto (e.g., change of expiration date or account number).

You are solely responsible for ensuring the Services are renewed. USA Webhost SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.

You are further responsible for the following hereunder (whereby failure to adhere to these obligations shall constitute a material breach of this Agreement):

Providing current and updated Customer information (including Customer's name, address, email address, postal address, phone and fax numbers, etc.) for USA Webhost use in contacting Customer regarding the Services and otherwise as necessary in regards to the Services.

Customer Representations and Warranties

Customer hereby represents and warrants as follows:
• Customer can form legally binding contracts under applicable law;
• Customer is at least eighteen years old and is responsible for supervising the activities of any under-age user;
• to Customer's knowledge, there is no action, proceeding, or investigation pending or threatened which questions, directly or indirectly, the validity or enforceability of this Agreement;
• entering into this Agreement or otherwise purchasing the Services will not conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default, or result in a termination of, any agreement or instrument to which the Customer is a party;
• Customer has taken all actions required by applicable law, and have obtained all consents which are necessary to authorize or enable it to enter into this Agreement and/or purchase the Services;
• to the extent that Customer is a business entity, the individual ordering the Services or otherwise entering into this Agreement on behalf of Customer has been duly authorized and are empowered to bind Customer to this Agreement;

Customer further represents and warrants that they will not provide or use any Content or other materials or use the Services or the Website in a manner deemed to be any of the following:

• encouraging illegal or criminal conduct;
• promoting, facilitating or engaging in, consumer deception or fraud, drug use, drug dealing, pyramid schemes, gambling, or any other illegal activities;
• promoting or providing of instructional information about illegal activities or physical harm or injury to any group, individual, institution or property;
• offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity;
• pornographic or obscene in any manner whatsoever;
• violent or encouraging violence;
• disparaging, defamatory, libelous, or results in an invasion of privacy;
• containing any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data or personal information;
• intentionally holding USA Webhost or their employees, directors or stockholders up to public scorn, ridicule, or defamation; or
• stating or implying that the Website is placed by USA Webhost or any party with a contractual relationship with USA Webhost, or that such parties endorse Customer's products or services.

For all domain names or uniform resource locators used by Customer in conjunction with the Services (collectively the "URL's"), Customer represents and warrants that any name or word submitted to be used as all or part of a domain name or URL does not infringe any trademark or domain name rights of any third party. Moreover, Customer further represents and warrants that it has a present good faith intention to use any domain name or URL it requests in connection with the Services and that it is not merely "cybersquatting" (i.e., obtaining the a domain name merely to attempt to sell the rights to the domain name or subdomain to some third party).

Customer further represents and warrants that they will use the Services in accordance with USA Webhost Acceptable Use Policy and in a manner that does not interfere with or disrupt other network users, services, or equipment. Without limiting any of its other rights set forth herein, USA Webhost reserves the right to terminate or suspend any and all Services without notice if any such interference is determined by USA Webhost to exist.

Reservation of Rights

Without limiting other remedies or any of its other rights set forth herein, USA Webhost reserves the right to revoke any and all licenses granted hereunder, revoke access to the Services, or to otherwise limit, deny, terminate, or suspend, in whole or in part, any and all Services without notice if (i) Customer fails to pay any fees owed under this Agreement when due, or (ii) in USA Webhost sole discretion, the Services are used, or to be used, in a manner that is improper, illegal, in contravention of any of the representations or warranties made by Customer herein, or would otherwise amount to a breach of this Agreement or the documents or policies it incorporates by reference.

USA Webhost further reserves the right to reject, alter, modify, or remove a Website, domain name, URL, or any Content (including, but not limited to, any language, words, text, photographs, designs, drawings, graphics, images, symbols, or logos) which USA Webhost deems, in its sole discretion, to be improper, illegal, in contravention of any of the representations or warranties made by Customer herein, or otherwise in breach of this Agreement or the documents or policies it incorporates by reference, and where necessary USA Webhost will also actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer as well as any Services, Websites, domain names, URL's, Content and those persons that may have accessed any of the foregoing. Notwithstanding the foregoing, Customer acknowledges and agrees that USA Webhost shall have no obligation to review any Content.

Security

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under that account and in connection with your use of the Service, and for any other actions taken in connection with a registered domain name, including those of your agents, assignees. You agree to notify USA Webhost immediately of any unauthorized uses of the account or any other breaches of security. You acknowledge and agree that USA Webhost cannot and will not be liable for any loss or damage from the failure to comply with this security obligation, from shared or unsecured user names and passwords, or for any acts or omissions, of you or any of your agents or assignees.

Changes to this Agreement or to Additional Rules or Policies

You agree that USA Webhost may modify this Agreement, as well as any additional rules or policies that are or may be published by USA Webhost, as necessary to comply with USA Webhost’s ICANN agreement, or with any other agreements that USA Webhost is currently bound by or will be bound by in the future, or for any other reason in USA Webhost sole discretion.

Except as otherwise provided in this Agreement, you agree that, during the term of this Agreement, we may: (i) revise the terms and conditions of this Agreement; and/or (ii) change the Services provided under this Agreement, in whole or in part, at any time. Any such revision or change will be binding and effective immediately after posting of the revised Agreement or change to the Services on our Website, or upon transmission to you at the e-mail address fax number or postal address (by United States mail) provided by you for the registrant or administrative contact of your domain name, or such other contact information as you may provide in connection with any Service purchased from USA Webhost. Your continued use of any Service purchased through USA Webhost shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by USA Webhost, each with the new modifications. If you do not agree to any of such changes, you may request that your Services be cancelled or that your domain name registration be transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by USA Webhost from time to time.

Except as set forth in this Section, no employee, contractor, agent or representative of USA Webhost or its subsidiaries is authorized to alter or amend the terms and conditions of this Agreement except by means of a written document signed by you and an authorized officer of USA Webhost.

Information and Its Use

You hereby acknowledge and agree that, in connection with your use of certain of USA Webhost services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate.

In addition to such other information that USA Webhost may require you to provide in order to obtain the Services, USA Webhost requires that you submit the following information in connection with domain name registration, administration and renewal services.

Domain Name Registration, Administration and Renewal Services

The information you are obligated to provide and keep current in connection with your use of USA Webhost domain name registration, administration, and renewal services is the following:
• Your full name (or the name of the entity and authorized contact person, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, where available;
• The domain name being registered; and
• The name, postal address, email address, voice telephone number, and where available, fax number for the registrant, administrative contact, technical contact and billing contact for the domain name registration.

Additional Information Maintained

In addition to the information you provide, we maintain records relating to any domain name application received by USA Webhost, as well as any domain name registered through, administered, or renewed by USA Webhost. We also maintain records relating to other Services that we provide to you. These records may include, but are not limited to:

• The original creation date of a domain name registration, renewal, or request for Services;
• The submission date and time of a registration or renewal application, or request for Services to us and by us to the proper registry;
• Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us;
• Records of your account, including dates and amounts of all payments and refunds;
• The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
• The corresponding names of those nameservers;
• The name, postal address, email address, voice telephone number, and where available, fax number of various contacts for the Services;
• The expiration date of a domain name registration; and
• Information regarding all other activity between you and us regarding your use of the Services.
Accurate Data

In the event that (i) in applying for Service(s) or the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be a sufficient basis for cancellation of your domain name registration or Services, in our sole discretion. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to an inquiry by USA Webhost concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be a sufficient basis for cancellation of your domain name registration.

Without limiting your obligations under this Section of the Agreement, you agree that USA Webhost (itself or through its third party service providers) is authorized, but not obligated, to use certain address or billing correction services to update and/or to change any address or billing information associated with your account (including, without limitation, registrant address, billing contact address, and credit card information), and you agree that USA Webhost may use such changed information for all purposes in connection with your account (including the sending of renewal notices or invoices or for automatic renewal charges).

Disclosure and Use of Information

You acknowledge and agree that, pursuant to USA Webhost’s Privacy Policy. USA Webhost may make available information you provide or that we otherwise maintain, to such public or private third parties as applicable laws require or permit, including, but not limited to, making publicly available, or directly available, some or all of such information: (i) for inspection by law enforcement officials (including in the case of potential criminal activity); (ii) to respond to criminal and civil subpoenas and court orders that reasonably appear to be valid; (iii) in connection with the sale of all or certain of our assets; (iv) to enforce or apply the terms of this Agreement; and (v) to protect the rights, property, or safety of USA Webhost, our users, or others, whether during or after the term of your use of the Service.

You further acknowledge and agree that USA Webhost may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws. One of the ways that USA Webhost may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with USA Webhost. Please click here to refer to USA Webhost bulk WHOIS data policies and click here if you would like your WHOIS information made available for bulk access. USA Webhost reserves the right to discontinue providing bulk WHOIS data access to third parties.

You hereby consent to any and all such disclosures and use of, guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any Services (including any updates to such information), whether during or after the term of your registration of a domain name or other Services. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by USA Webhost.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

USA Webhost will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. USA Webhost will have no liability to you or any third party to the extent such reasonable precautions are taken.

Ownership of Data

You acknowledge and agree that USA Webhost owns all database, compilation, collective and similar rights, title and interest worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to USA Webhost a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (i) the original creation date of a domain name registration or other Service, (ii) the expiration date of a domain name registration or other Service, (iii) the name, postal address, email address, voice telephone number, and where available fax number of the contact person for a Service, or of the registrant contact, technical contact, administrative contact, zone contact and billing contact for a domain name registration, (iv) any other information concerning a registered domain name or Service that appears or may appear in a WHOIS database or USA Webhost database, and (v) any other information we generate or obtain in connection with the provision of the Services. USA Webhost does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name and USA Webhost databases, as set forth in this Section.

Transfers; Agents and Licenses

You agree that you may not transfer a domain name registration to another domain name registrar during the first sixty (60) days from the effective date of the initial domain name registration with us, or at any time after its expiration date unless the domain name is renewed with USA Webhost prior to initiation of the transfer of registrar. After that time, you may transfer your domain name registration to a third party domain name registrar of your choice, subject to our then-current policies and procedures incorporated herein by reference.
You agree that, if you are using the Services for someone else, you represent and warrant that you have: (i) provided notice to that third party of your intent to purchase the Services; (ii) obtained that third party's express consent to purchase the Services on its behalf; and (iii) the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the UDRP.
You agree that if you license the use of a domain name or other Service registered in your name to a third party, you nonetheless remain the Service holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name registration or Service. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name registration, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.

System Performance Degradation

USA Webhost depends upon its own and third party, including registry administrators, computer systems to provide the Services, and to provide timely information to USA Webhost customer service team. Occasionally, these computer systems are subjected to exceptional volumes of incoming data, service requests, processes, electronic mail messages, and/or WHOIS queries that result in significant degradation of system processing and response time. Regardless of the reason, in those instances when there is system performance degradation, USA Webhost reserves the right, in its sole discretion, to filter or block electronic messages, data and/or processes originating from or traveling to the identified sources of the high volume traffic. USA Webhost will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. USA Webhost further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.

Finally, you acknowledge and agree that if your server is involved in an attack on any computer system, either with or without your knowledge or complicity, your account will be shut down while the matter is investigated and resolved in USA Webhost absolute discretion.

Limitation of Liability

YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT USA Webhost WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (i) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF YOUR SERVICE(S), (ii) USE OF OR INABILITY TO USE THE SERVICE(S), (iii) INTERRUPTION OF BUSINESS, (iv) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR A SERVICE (INCLUDING, WITHOUT LIMITATION, TO WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME), (v) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (vi) EVENTS BEYOND USA Webhost AND SUBCONTRACTOR'S REASONABLE CONTROL, (vii) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, (viii) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR USA Webhost POLICY (INCLUDING, WITHOUT LIMITATION, ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES), (ix) DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS; (x) TRANSACTIONS CONDUCTED ON A USER WEB SITE, INCLUDING FRAUDULENT TRANSACTIONS; (xi) LOSS INCURRED IN CONNECTION WITH YOUR SERVICE(S), INCLUDING IN CONNECTION WITH E-COMMERCE TRANSACTIONS; (xii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (xiii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING YOUR SERVICE(S), OR (xiv) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE(S). USA Webhost ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF USA Webhost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL USA Webhost MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify and hold harmless USA Webhost, its parents, subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to (i) your use of or connection to the Services, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular Service registered in your name, (ii) your use of any domain name registration or other Service; (iii) your Website content or any other content or materials you provide or otherwise use in conjunction with the Services; (iv) your breach or violation of any term, condition, representation or warranty of this Agreement; (iv) your failure to perform in accordance with this Agreement; (v) your violation of the USA Webhost Acceptable Use Policy; or (vi) your violation of any rights of others. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.

You additionally agree to indemnify, defend and hold harmless the applicable registry administrator 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 related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name. You agree that this indemnification obligation shall survive the termination or expiration of this Agreement.

You agree to give prompt written notice to USA Webhost upon the receipt of notice of any claim by a third party against you which might give rise to a claim against USA Webhost, stating the nature and the basis of such claim and, if ascertainable, the amount thereof.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," AS AVAILABLE BASIS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR ABOVE IN THIS AGREEMENT, USA Webhost MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SERVICE GUARANTEES, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES.

USA Webhost FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY: (i) THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR (iv) THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY USA Webhost, ITS EMPLOYEES, LICENSEES OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. WITHOUT ANY LIMITATION TO THE FOREGOING, USA Webhost MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

Suspension, Cancellation, Transfer or Modification of Service(s)

You acknowledge and agree that USA Webhost may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in USA Webhost sole discretion and without notice to you. You also acknowledge and agree that USA Webhost shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. Without limiting the foregoing, USA Webhost may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration or your other use of the Services, without notice to you (i) to correct mistakes made by USA Webhost, another registrar, or the applicable registry administrator, (ii) to resolve a dispute related to that domain name, (iii) within thirty (30) calendar days of the creation date of that domain name registration, (iv) if you materially breach this Agreement (including any applicable additional rule or policy), (v) if you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (vi) if you or your use of a domain name, is determined, in USA Webhost sole discretion, to violate the USA Webhost Acceptable Use Policy, or (vii) if you use a domain name, Website or the Services in connection with any prohibited, improper, questionable, infringing or unlawful activity.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including USA Webhost) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that USA Webhost shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as USA Webhost receives what reasonably appears to be (a) an authentic notification from a court of competent jurisdiction, or (b) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.

Governing Law

Except as otherwise set forth in the UDRP policy with respect to any dispute over a domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Maine, without regard to conflict of laws principles, as if the Agreement was a contract wholly entered into and wholly performed within York County in the State of Maine.

Except as otherwise set forth in the UDRP or policy with respect to any dispute over a domain name registration, any judicial proceeding relating to or arising out of this Agreement or the Services shall be instituted only in a federal or state court of competent jurisdiction in York County in the State of Maine, and you consent to the personal jurisdiction of such court and waive the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or forum non conveniens or to otherwise seek a change of venue. You also agree to waive the right to trial by jury in any action that takes place relating to or arising out of this Agreement or the Services.

Notwithstanding the forgoing, for the adjudication of third party disputes (i.e., disputes between yourself and another party, not USA Webhost) concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of the domain name holder's domicile, and (ii) where USA Webhost principal place of business is located, currently Kennebunk,Maine.

Entire Agreement; Section Headings

This Agreement, as well as any additional USA Webhost terms and conditions, rules, policies, and service agreements, together with all modifications thereto, constitute the entire agreement between you and USA Webhost concerning your use of the Services and any other subject matter related to this Agreement, and supersedes and governs all prior proposals, agreements or other communications between you and USA Webhost (including, but not limited to, any prior versions of this Agreement). Except as expressly set forth herein, you may not waive, modify or supplement this Agreement, in whole or in part, except for written permission or amendment by USA Webhost. USA Webhost reserves the right to unilaterally modify and revise the Agreement from time to time as further stipulated.

You also may be subject to additional terms and conditions that may apply when you use third party, affiliate or other USA Webhost Services, third-party content or third-party software. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Notices

Notice to you hereunder shall be deemed effective when (i) sent via e-mail to the last known Customer contact e-mail address; (ii) sent via fax to the last known Customer fax number; (iii) sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to the last known Customer mailing address; or (iv) posted on the USA Webhost Website and/or on any of the applicable pages linked thereto, as updated from time to time.

All mail notices shall be effective upon receipt, email and fax notices shall be effective upon transmission and all Website notices shall be effective immediately upon posting to the USA Webhost Website. FOR PURPOSES OF GIVING NOTICE UNDER THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT CONTACT INFORMATION MAY ONLY BE UPDATED BY FOLLOWING THE INSTRUCTIONS POSTED ON USA Webhost WEBSITE. USA Webhost SHALL HAVE NO OBLIGATION TO ATTEMPT TO CONTACT YOU AT ANY OTHER CONTACT INFORMATION THAT YOU MAY PROVIDE TO USA Webhost CUSTOMER SERVICE OR OTHERWISE.

By providing such contact information to USA Webhost, you agree that USA Webhost may use the information you have provided to contact you via email, postal mail, telephone or fax in any format or manner. USA Webhost may, but shall have no obligation to, send a single notice by various means of delivery (i.e., fax, email, certified mail or express mail). In no event shall USA Webhost be liable to you for choosing to send notice to one address, or by one means of delivery, and not others.

Unless otherwise provided for herein or on the USA Webhost Website, notice may be provided to USA Webhost hereunder by contacting USA Webhost customer support.

Conflicts with other Agreements

In the event of any conflict between this Agreement and the terms and conditions governing your use of any Services provided by USA Webhost third party service providers or any registry administrator, the terms and conditions of this Agreement shall govern as it relates to any rights, obligations and remedies as between you and USA Webhost.

Force Majeure

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this Section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, USA Webhost may immediately terminate this Agreement and shall have no liability therefore.

Prohibited Transactions

Customer warrants that Customer is not, nor is Customer acting on behalf of any person or entity that is, prohibited from engaging in transactions with U.S. citizens, nationals or entities under applicable U.S. law and regulation including, but not limited to, regulations issued by the U.S. Office of Foreign Assets Control ("OFAC"). In addition, Customer is not, nor is Customer acting on behalf of any person or entity that is, a Specially Designated National ("SDN"), as OFAC may so designate from time to time. In addition to all other rights and remedies available to USA Webhost under this Agreement, and at law and in equity, Customer's breach of this Section shall result in immediate termination of the Agreement and forfeiture of any and all Services or amounts previously provided, paid and/or owed to Customer under this Agreement.

General

You agree and acknowledge that any acceptance of your application for the Services and the performance thereof will occur at our offices in Kennebunk, Maine, the location of our principal place of business.

Except as otherwise set forth herein, your rights under this Agreement are neither assignable nor transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to resell any of the Services without USA Webhost prior express written consent.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Except as expressly stated herein, this Agreement shall not be construed to create any obligation by USA Webhost to any non-party or Assignee to this Agreement.

The failure of USA Webhost to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by USA Webhost of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this 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. USA Webhost 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 USA Webhost as reflected in the original provision.
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INFORMATION FOR CALIFORNIA RESIDENTS:

Under California Civil Code Section 1789.3, California residents entitled to the following specific consumer rights information:

Pricing Information Current rates for using the Services may be obtained by going to the pricing schedule on our Web site or any other Web site operated by USA Webhost. USA Webhost reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time.

Complaints The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.