Registration, Renewal, Transfers
Click Here For Dot US Domain Name Registration Agreement
Click Here For Dot BIZ Domain Name Registration Agreement
Terms and Conditions. PageKeeper Service ("The Agent") provides a web Site
located on the Internet at http://www.pagekeeperservice.com/ (the "Site")
that allows customers ("Registrant(s)") to obtain information about products
and services and to gain access to relevant industry information and services
using the Site.
This Registration Agreement (the "Agreement", "Registrant Agreement" or
"Terms and Conditions") describes the Terms and Conditions applicable to
your access and use of the Site. Please print a copy of these Terms and
Conditions for your records. In this Agreement, "we" and "us" means
PageKeeper Service, and "you" means the Registrant. If you have questions
concerning these Terms and Conditions, please contact us by phone at
Description of Services. The Agent is responsible for the registration of
Internet names in the .com, .org and .net .biz .us domain names on a "first
come, first served" basis.
Relationship Between The Agent and Registrant. Registrant and The Agent are
independent contractors, and no agency, Partner, joint venture, employer-
employee or other similar relationship is intended or created by Registrant"s
acceptance of these Terms and Conditions or use of the Site. Furthermore, The
Agent, while issuing top level Internet Domain Names does not determine the
legality of the Domain Name registration, or otherwise evaluate whether that
registration or use may infringe upon the rights of a third party.
Non Payment - Charge Backs. Registrant agrees that they will lose all rights
upon the selected domain name in cases of a charge back by their credit card
company, credit card fraud, non payment, or any other reversed payment. The
Agent will decide at its own sole discretion whether to hold the name in its
own portfolio or to release it for use by others. The Agent will reinstate
such names at its sole discretion and subject to a reinstatement fee
of $1500.00, in addition to all other fees. Domain names not paid in 10 days
are the property of PageKeeper Service.
Renewal. It is Registrant"s responsibility to watch the expiration terms and
timely pay the renewal fees. The Agent will notify Registrant when renewal
fees are due as a courtesy only. Failure to pay the renewal fee will result
in domain name suspension and release of the domain name for use by others.
Data Submission and Updates. Registrant agrees to provide The Agent with all
data necessary for domain name registration. The Agent determines the volume
of such data at its sole discretion with consideration of rules and procedures
set by ICANN and other registration administrators. Registrant agrees to update
all such data promptly and submit additional information if needed. Registrant
acknowledges that willfully failing to provide or update information promptly
will constitute a material breach of this Agreement and will be sufficient
basis for cancellation of Registrant"s domain name registration.. Registrant
further agrees that a failure to respond within ten (10) calendar days to
inquiries by The Agent concerning the accuracy of contact details associated
with Registrant"s registration shall constitute a material breach of this
Agreement and will be sufficient basis for cancellation of Registrant"s
domain name registration.
Billing Errors. There is a nine (9) day cut off period for billing error
claims. Registrant has no rights to claim any billing error for a period
earlier than 9 days from the date of the claim. All bills are final after
Revocation. Registrant acknowledges and agrees that Registrant"s registration
of a domain name is subject to suspension, cancellation or transfer by any
ICANN procedure, by this and other Agent administrative procedures approved
by any ICANN adopted policy, or by any other Top Level Domain Agent
administrator as the case may be, (a) to correct mistakes by The Agent,
another Agent administrator in administering the name or (b) for the resolution
of disputes concerning the domain. The Agent has the right, in its sole
discretion, to suspend, cancel, transfer, or otherwise modify a domain name
registration upon seven (7) days prior written notice, or at such time as The
Agent receives 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.
Cumulative Remedies. Except as specifically provided herein, no remedy made
available to either party here under is intended to be exclusive of any other
remedy provided thereunder or available at law or in equity.
Your Registration Obligations. In consideration of your use of the Site, you
agree to provide true, accurate, current and complete information about
yourself. If you are representing a company, you agree to: (a) provide true,
accurate, current and complete information about yourself and the company you
represent as prompted by the Site"s registration form (such information being
the "Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. As a condition of your
use of the Site, you warrant to The Agent that you will not use the Site for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Site in any manner which could damage, disable,
over burden, or impair the Site or interfere with any other party"s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided
through the Site. By your initial and continued use of the Site, as a
"Registrant," you agree to be bound by these Terms and Conditions.
Partner or Affiliate Eligibility. The Site is available to any qualified
participants in the worldwide business community who are capable of forming
legally binding contracts under applicable law.
Indemnification. As a condition of using the Site, each Registrant agrees to
indemnify, hold harmless, and defend The Agent and registry, and each of its
respective affiliates, officers, directors, shareholders, sub-contractors,
agents, and employees against all claims, liabilities and damages incurred or
allegedly incurred by any participating Registrant of the Site, including but
not limited to, any product or services for failure of a product to meet
specifications or breach of warranty.
Information posted on the Site. These Terms and Conditions apply to forums,
discussion groups, chat groups, bulletin boards and any other interactive
areas of the Site. Use of, access to, or participation in any of these or any
other interactive areas of the Site constitutes acceptance of these legal
Terms and Conditions. Your participation in on-line communications occurs in
real time and is not edited, censored, or otherwise controlled by The Agent.
Registrant is solely responsible for information, which is posted on the Site.
The Agent does not endorse any information posted on the Site by Registrant
or third parties. Registrant agrees that The Agent has no obligation to monitor
the content on the Site or links to other Web sites, and expressly disclaims
any responsibility of The Agent to filter any such content. However, we may
take any action with respect to such information we deem necessary or
appropriate, in our sole discretion, if we believe such information may give
rise to liability to us or other parties or interfere or impair our relationship
with any Registrant. Information posted on the Site (a) must not be fraudulent
or involve the sale of illegal or illegally obtained items; (b) must not infringe
any third party"s rights, including but not limited to: copyright, patent,
trademark, trade secret, or other proprietary rights or rights of publicity
or privacy; (c) must not violate any applicable law, statute, rule or regulation;
(d) must not be obscene, indecent or contain pornography; (e) must not be
defamatory, trade libelous, threatening or harassing; and (f) must not link
directly or indirectly to or include descriptions of products or services that
are prohibited by this Agreement. In addition, you may not post on the Site
any product or service which could cause The Agent to violate any applicable
law, statute, rule or regulation.
Applicable Laws. Registrant agrees to comply with all applicable local, state,
federal, and international laws, statutes, rules and regulations relating to
Registrant"s use of the Site. Without limiting the foregoing, Registrant are
responsible for observing all applicable tariffs and trade laws.
Malicious Intent. Registrant agrees not to tamper in any way with the software
or functionality of the Site. Without limiting the foregoing, Registrant agrees
not to put any material into the Site which contains any viruses, time bombs,
Trojan horses, worms, cancelbots or other computer programming routines that may
damage, interfere with, intercept or expropriate any system, data or information.
Links to Third Party Sites. The Site may contain links to other
Web sites ("Linked Sites"). The Linked Sites are not under the control of The
Agent and The Agent is not responsible for the contents of any Linked Site,
including without limitation, any link contained in a Linked Site, or any
changes or updates to a Linked Site. The Agent is not responsible for
web casting or any other form of transmission received from any Linked Site.
The Agent is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by The Agent of the Site or
any association with its operators.
Terms and Conditions Between Registrant. The Agent"s Terms and Conditions
govern your use of the Site.
Use of the Site. The Site acts as a venue for Registrant to obtain information
related to and the registration of Top Level Domains. The Agent is not
involved in any transaction between Registrant and any other party who uses
the Site, and is not acting as Registrant or any other party"s agent. The
Agent cannot screen, censor or otherwise control the listings or any
transactions, including whether a listing is accurately described, whether an
item can be legally purchased or sold in your jurisdiction, or whether a
transaction will be completed as described by the seller or the buyer. Further,
The Agent cannot control or warrant the behavior of the users of the Site.
As such, use of Content and services is at your own risk, and The Agent
disclaims any liability with regard to use of the services and any actions
resulting from Registrant or any other party"s participation in the services
provided at the Site. Because we are not involved in Registrant-to-Registrant
transactions, in the event of any dispute between Registrant, Registrant
agree to release The Agent, its agents and employees from any claims and
damages of every nature (including, without limitation, actual, special,
incidental and consequential), known and unknown, disclosed and undisclosed,
arising out of or in any way connected with such dispute. Further, because The
Agent is not involved in any transactions between Registrant and other users
of the Site, The Agent cannot and will not be involved in resolving any disputes
relating to any completed or incomplete transaction for the purchase or sale
of listed goods or services.
Equipment and Connections. Registrant is responsible for providing all
equipment and software necessary to access the Internet and the Site.
Availability of the Site. The Site is available 24 hours a day, 7 days a week.
However, we retain the right to make the Site unavailable from time to time for
any reason. Registrant agrees that The Agent shall not be liable for any damages
arising from any interruption, suspension or termination of the Site.
Intellectual Property Matters. Registrant acknowledges that all data developed
and/or collected by The Agent in connection with the operation of the Site,
subject to the Privacy Statement, shall be the exclusive property of The Agent.
The Agent"s use of such data will be made in accordance with this Agreement.
All third party content published on the Site is property of the respective
copyright owners and may not be copied or distributed in any way by Registrant
for commercial purposes. To enable us to use information provided by you
without violating any rights you have in the information, Registrant grants to
The Agent a non-exclusive, worldwide, perpetual, irrevocable, royalty free
right to exercise the copyright and publicity rights (but not other rights)
you have in such information in any media whether or not now known. The Agent"s
use of such information will be in accordance with this Agreement. All content
of the Site is: Copyright © 1999 - 2004, PageKeeper Service, LLC All rights
reserved. TRADEMARKS. PageKeeper Service and/or other Service Marks
referenced herein are either service marks or registered service marks of The
Registered owners and or affiliates.
Information. The Agent is required to disclose certain information which you
provide during registration (i.e., your name, Internet and mailing addresses,
daytime telephone number) to the general public via our domain name registration
database look-up and directory services. These services give users access to
such data on a query-by-query basis. The Agent may collect demographic
information and information regarding your usage of specified areas and
disclose such information to third parties, although in so doing The Agent will
not disclose your personal identity.
Dispute Resolution and Applicable Law. This Registrant Agreement and the
Registrant"s Terms and Conditions and the relationship between Registrant and
The Agent shall be governed by the laws of the State of New Mexico, U.S.A.
Registrant hereby consents to the exclusive jurisdiction and venue of courts
in State of New Mexico, U.S.A. in all disputes arising out of or relating to
the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms and Conditions, including
without limitation, this Section. You agree that no joint venture, Partner,
employment, or agency relationship exists between you and The Agent as a
result of this Agreement or use of the Site. The Agent"s performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of The Agent"s right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Site or information provided to or gathered by The Agent with
respect to such use. A printed version of this Agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
Disclaimer of Warranties. THE AGENT PROVIDES THE SITE ON AN "
AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY
OR CONDITION, EXPRESS OR IMPLIED. REGISTRANT AGREES
THAT USE OF THE SITE IS AT REGISTRANT"S SOLE RISK. THE
AGENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON INFRINGEMENT. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
AGENT OR THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability. AS A CONDITION OF REGISTRANT, ACCESS
AND USE OF THE SITE, AND IN CONSIDERATION OF THE SERVICES
PROVIDED BY THE AGENT, REGISTRANT AGREES THAT NEITHER
THE AGENT, NOR ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER,
AGENT, SUB-CONTRACTORS OR EMPLOYEE OF THE AGENT WILL
BE LIABLE TO REGISTRANT OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS
OPPORTUNITIES, DAMAGES, EXPENSE, OR COSTS RESULTING DIRECTLY
OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH:
THE USE OF THE SITE BY THE REGISTRANT, INCLUDING BUT NOT LIMITED
TO, DAMAGES RESULTING FROM OR ARISING FROM REGISTRANT"S
RELIANCE ON THE SITE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS,
ERRORS, DEFECTS, DELAYS IN OPERATION, NON DELIVERIES,
MIS-DELIVERIES, TRANSMISSIONS, EAVESDROPPING BY THIRD PARTIES,
OR ANY FAILURE OF PERFORMANCE OF THE SITE; ANY ALLEGATION,
CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT
THE USE OF THE BY REGISTRANT OR A THIRD PARTY INFRINGES THE
COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY,
PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL
RIGHTS OF ANY THIRD PARTY; THE FAILURE, OR ALLEGED FAILURE, OF
ANY PRODUCT PURCHASED OR TRANSFERRED PURSUANT TO THE
INFORMATION OBTAINED ON THE SITE TO CONFORM TO ANY
SPECIFICATIONS OR TERMS, WHETHER PUBLISHED ON THE SITE OR NOT;
THE BREACH, OR ALLEGED BREACH, OF ANY WARRANTY, EXPRESS OR
IMPLIED, RELATING TO ANY SUCH PRODUCT OR SHIPMENT; OR GOVERNMENT
RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE OF NATURE,
OR ANY OTHER CONDITION BEYOND THE AGENT"S REASONABLE CONTROL.
THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE ACTS,
OMISSIONS, NEGLIGENCE, AND GROSS NEGLIGENCE OF THE AGENT AND ITS
AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AND AGENTS, WHICH, BUT FOR
THIS PROVISION, WOULD GIVE RISE TO A COURSE OF ACTION IN CONTRACT,
OR ANY OTHER LEGAL DOCTRINE. THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. THE AGENT AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON
FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION. THE AGENT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE AGENT
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON INFRINGEMENT.
Exclusion and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 18 THROUGH 20 MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
USING THE SITE.
Territory. Worldwide. No restrictions.
No Returns. The AGENT will not return collected fees for services.
Advice of Legal Counsel. Each party acknowledges and represents that, in
executing this Agreement, it has received advice as to its legal rights from
legal counsel and that he person signing on its behalf has read and understood
all of the terms and provisions of this Agreement. Further, each party and
their counsel have cooperated in the drafting and preparation of this Agreement.
It shall be deemed their joint work product and may not be construed against
any party by reason of its preparation or word processing.
Amendments. The Agent may amend the Registrant"s Terms and Conditions at any
time by posting the amended Registrant"s Terms and Conditions on the Site.
In addition, The Agent will post a notice of the amended Registrant"s Terms
and Conditions on the Site. The amended Registrant"s Terms and Conditions shall
be effective on the effective date indicated in such notice. We may also add,
delete or modify some or all of our services at any time in our sole discretion.
Assignment. You may not assign, convey, sub contract or delegate your rights,
duties or obligations here under.
Sever ability. These Terms and Conditions shall be deemed sever able. In the
event that any provision is determined to be unenforceable or invalid, such
provision shall nonetheless be enforced to the fullest extent permitted by
applicable law, and such determination shall not affect the validity and
enforceability of any other remaining provisions.
Headings. The heading used in these Terms and Conditions are included for
convenience only and will not limit or otherwise affect these Terms and
Entire Agreement. This Registrant Agreement and the Registrant"s Terms and
Conditions constitute the entire agreement and understanding between the
parties with respect to the subject matter of this Registrant Agreement and
supersede and replace any and all prior written or verbal agreements. The
Agent"s failure to insist upon or enforce strict performance of any provision
of the Registrant"s Terms and Conditions shall not be construed as a waiver
of any provision or right. Neither the course of conduct between Registrant
and The Agent nor trade practice shall act to modify any provision of the
Registrant"s Terms and Conditions.
Registrant Acceptance. "I have read The Agent Registrant Agreement and agree
to the Terms and Conditions contained therein. I Agree, I can form legally
binding contracts under applicable law." BY CLICKING THE "Payment or submit
type" BUTTON OF THE PAGEKEEPERSERVICE.COM ON-LINE
REGISTRANT FORMS, YOU REPRESENT AND WARRANT THAT YOU
ON YOUR OWN BEHALF, OR AS A DULY AUTHORIZED REPRESENTATIVE
OF YOUR COMPANY, CAN FORM LEGALLY BINDING CONTRACTS UNDER
APPLICABLE LAW AND HEREBY AGREE TO COMPLY WITH AND ACCEPT
THE TERMS AND CONDITIONS CONTAINED IN THIS REGISTRANT AGREEMENT.