agreement

BESTREGISTER.COM. AGREEMENT

This agreement ("Agreement") sets forth the terms and conditions of your use of BestRegister.com to register a domain name on the Internet. BestRegister.com will be refered to as BestRegister. To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies that are or may be published by BestRegister. This Agreement will become effective when accepted by BestRegister. You acknowledge that BestRegister may modify this Agreement if necessary to comply with the Internet Corporation for Assigned Names and Numbers ("ICANN") Agreement ("ICANN Agreement"), or for any other business purpose.

1. Fees
As consideration for the domain name registration services provided by BestRegister, you shall pay all applicable initial registration fees and renewal fees. The amounts set forth in the BestRegister Price, as amended from time to time, for the initial registration of the domain name and any subsequent renewals. Domain registrations are processed immediately and are non-cancellable and non-refundable. If the registrations fail, we will refund you the registration fees. You will be notified when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that BestRegister shall have no liability whatsoever with respect to any such cancellation, and that BestRegister may cancel or reassign the domain name in the event of delinquency. In the event of a charge back by a credit card company or other payment provider authorized by BestRegister, the domain name registration shall be transferred to BestRegister as the paying entity for the registration, BestRegister 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.

2. Dispute Policy
In applying for a domain name, you warrant that the registration is not made in bad faith and that the name does not conflict with another domain name. You agree to be bound by the current BestRegister Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://www.BestRegister.com/disputepolicy.htm. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. BestRegister may modify the Dispute Policy in its sole discretion at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted.

You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify, defend and hold BestRegister harmless.

3. Use of Your Information
As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; and (iii) any remark concerning the registered domain name that should appear in the Whois data.

You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. If you license use of a domain name to a third party, you remain responsible for providing your own full contact information and for providing and updating accurate contact information.

You acknowledge that BestRegister will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that BestRegister may or must make available to the public or to private entities. BestRegister will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in BestRegister's possession to review, modify or update such information.

4. Use Policies
BestRegister reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.

5. Agents and Licenses
You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.

You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.

6. Limitation of Liability
YOU AGREE THAT BESTREGISTER WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO BESTREGISTER'S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND BESTREGISTER; (e) EVENTS BEYOND BESTREGISTER 's CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, BESTREGISTER WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF BESTREGISTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BESTREGISTER'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO BESTREGISTER FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

7. Indemnity
You agree to defend, indemnify and hold harmless BestRegister and any applicable domain name registry, including Network Solutions, Inc., and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.

8. Representations and Warranties
You represent and warrant that all information provided by you in connection with your registration is complete and accurate. BestRegister makes no representation or warranties of any kind in connection with this Agreement. BestRegister does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.

9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by BestRegister. If you fail to cure the breach, BestRegister may revoke your registration of the domain name.

You also agree that BestRegister shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as BestRegister receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, re-querying the revocation, suspension, transfer or modification of the domain name registration.

10. Governing Law
This Agreement and all rights hereunder shall be governed by the laws of the State of Georgia. Any action relating to this Agreement or to your use of the BestRegister site shall be brought exclusively in the courts of Georgia in the USA.

11. General
This Agreement, the BestRegister fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and BestRegister, and supersede and govern all prior proposals, agreements, or other communications.

Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of BestRegister to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by BestRegister 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 is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. BestRegister may 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 BestRegister as reflected in the original provision.

No provision of this Agreement, including the BestRegister fee schedule and the Dispute Policy, may be amended or modified by you except by means of a written document signed by BestRegister.