Zinga Legal Agreements
Chapel Communications, Inc. /DBA Cyber-Domains Domain Name Registration Agreement This Chapel Communications, Inc Domain Name Registration Agreement ("Agreement") is by and between Chapel Communications, Inc. /DBA Cyber-Domains ("Chapel Communications") a Kentucky Corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Chapels Domain Name Registration and represents the entire agreement between You and Chapel Communications. By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, including our dispute policy along with any new, different or additional terms, conditions or policies which Chapel Communications may establish from time to time. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Chapel Communications, whether or not the transactions were in Your behalf. You acknowledge that Chapel Communications acceptance of any application made by You for services provided by Chapel Communications will take place at Chapel Communications offices located in Richmond, Kentucky, USA. You acknowledge that Chapel Communications is a registrar bound by an agreement between Chapel Communications and the Internet Corporation for Assigned Names and Numbers ("ICANN"). You agree that Chapel Communications may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the Internet ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by Chapel Communications. 1. FEES In consideration for the services and products ("service") purchased by You and provided to You by Chapel Communications, You agree to pay Chapel Communications at the time service is provided. Payment is to be made by You by providing either a valid credit card, an online check, to establish a cash reserve for charge by Chapel Communications (collectively, the Payment Method). Payments are non-refundable. If for any reason Chapel Communications is unable to charge Your Payment Method for the full amount owed Chapel Communications for the service provided, or if Chapel Communications is charged a penalty for any fee it previously charged to your Payment Method, You agree that Chapel Communications may pursue all available remedies in order to obtain payment. You agree that among the remedies Chapel Communications may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names registered or renewed on Your behalf. Chapel Communications reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change your Payment Method at any time by logging into your account. Domain Name Renewals. When You register a domain name, You have the option to elect that the domain name be automatically renewed upon reaching the expiration date. If You elect the automatic renewal option, Chapel Communications will automatically renew, for a period equivalent to the length of your original registration, any domain name that is up for renewal and will take payment from the Payment Method You have on file with Chapel Communications, at Chapel Communications then current rates. Thus, if you have chosen to register your domain name for one year, Chapel Communications will automatically renew it for one year. If you have chosen to register your domain name for two years, Chapel Communications will automatically renew it for two years, and so on. Domain name renewals will be non refundable. If for any reason Chapel Communications is not able to take the payment from the Payment Method You have on file, and You fail to respond to our notices, Your domain name registration will expire. It is Your responsibility to keep Your Payment Method information current, which includes the expiration date if you are using a credit card. If You do not elect that the domain name be automatically renewed, You have the responsibility of logging into Your account manager for that domain name and manually implementing the renewal by the expiration date (should You in fact want the domain name to be renewed). In this case, if You fail to manually implement the renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that name. You agree that Chapel Communications will not be responsible for cancelled domain names that You fail to renew, either automatically or manually. In any case, if You fail to renew Your domain name in a timely fashion, additional charges may apply. 2. TERM OF AGREEMENT; MODIFICATIONS The term of this agreement shall continue in full force and effect as long as You have any domain name registered through Chapel Communications. You agree that You will not transfer any domain name registered through Chapel Communications to another domain name registrar during the first sixty (60) days from its initial registration date. You agree that Chapel Communications may modify this agreement from time to time. Chapel Communications may also discontinue services it provides under this agreement. You agree to be bound by any changes Chapel Communications may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with Chapel Communications You will not receive a refund for any fees You may have paid to Chapel Communications. You agree that Chapel Communications shall not be bound by any representations made by third parties who You may use to purchase services from Chapel Communications, and that any statements of a general nature, which may be posted on Chapel Communications web site or be contained in Chapel Communications promotional materials, will not bind Chapel Communications. 3. UP TO DATE INFORMATION; USE OF INFORMATION You agree to notify Chapel Communications within 5 business days when any of the information You provided as part of the application and/or registration process changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide Chapel Communications with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Chapel Communications to determine the validity of information provided by You, shall also be considered to be a material breach of this agreement. You agree that for each domain name registered by You the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement: · The domain name · Your name and postal address · The email address, postal address, voice and fax numbers for technical and administrative contacts · The Internet protocol numbers for the primary and secondary name servers · The corresponding names of the name servers · The original date of registration and expiration date You agree that, to the extent permitted by ICANN, Chapel Communications may make use of the publicly available information You provided during the registration process. If You engage in the reselling of domain names You agree to provide any individuals whose personal information You've obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide. 4. DISPUTE RESOLUTION POLICY You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this agreement. You agree that Chapel Communications may from time to time modify its Dispute Resolution Policy. Chapel Communications will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining Your domain name registrations with Chapel Communications after the updated policy becomes effective that You agree to the Dispute Resolution policy as amended. You agree to review Chapel Communications web site periodically to determine if changes have been made to the Dispute Resolution Policy. If You cancel Your agreement with Chapel Communications as a result of the modified Dispute Resolution policy no fees will be refunded to You. You agree that if a dispute arises as a result of one or more domain names You have registered using Chapel Communications, You will indemnify, defend and hold Chapel Communications harmless as provided for in this agreement. You also agree that if Chapel Communications is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by You using Chapel Communications, that Chapel Communications, in its sole discretion, may take whatever action Chapel Communications deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event You agree to hold Chapel Communications harmless for any action taken by Chapel Communications. 5. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES If You transfer any domain name You agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement You agree to inform any customer of Yours, who may be acquiring a domain name through You using Chapel Communications registration services, that they are in fact registering their domain name through Chapel Communications and that Chapel Communications is an accredited registrar with ICANN. You agree not to represent that You are an ICANN accredited registrar or that You are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of Your promotional materials including Your web site. You agree to obtain each of Your customers' acceptances of Chapel Communications then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should You require that Your customers accept additional terms and conditions that are not required by Chapel Communications, You agree that such additional terms and conditions shall not conflict with Chapel Communications Domain Registration Agreement and the policies and business procedures adopted by ICANN. You agree that Chapel Communications is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to Chapel Communications registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database. You agree to provide Your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information You will, within 5 business days, provide such information to Chapel Communications so Chapel Communications may update its registration records. You will retain copies of all communications between You and Your customers and will upon request provide Chapel Communications copies of same. 6. SUSPENSION OF SERVICES; BREACH OF AGREEMENT You agree that, in addition to other events set forth in this agreement, Your ability to use any of the services provided by Chapel Communications is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN. You agree that Your failure to comply completely with the terms and conditions of this agreement and any Chapel Communications rule or policy may be considered by Chapel Communications to be a material breach of this agreement and that Chapel Communications may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide Chapel Communications with material evidence that You have not breached Your obligations to Chapel Communications within ten (10) business days, Chapel Communications may terminate its relationship with You and take any remedial action available to Chapel Communications under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, canceling the registration of any of Your domain names and discontinuing any services provided by Chapel Communications to You. No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach. Chapel Communications failure to act upon or notify You of any event, which may constitute a breach, shall not relieve You from or excuse You of the fact that You have committed a breach. 7. RESTRICTION OF SERVICES; RIGHT OF REFUSAL You agree not to use the services provided by Chapel Communications, or to allow or enable others, to use the services provided by Chapel Communications for the purposes of: · The transmission of unsolicited email (SPAM) · Repetitive, high volume inquires into any of the services provided by Chapel Communications (i.e. domain name availability, etc.). You agree that Chapel Communications, in its sole discretion and without liability to You, may refuse to accept the registration of any domain name. Chapel Communications also may in its sole discretion and without liability to You delete the registration of any domain name during the first thirty (30) days after registration has taken place. Chapel Communications may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event Chapel Communications refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will receive a refund of any fees paid to Chapel Communications in connection with the registration either being canceled or refused. In the event Chapel Communications deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued. 8. LIMITATION OF LIABILITY You agree that Chapel Communications entire liability to You under this agreement, and Your only remedy, in connection with any service provided by Chapel Communications to You under this agreement, and for any breach of this agreement by Chapel Communications, shall be limited to the fees You paid to Chapel Communications for the particular service in contention. CHAPEL COMMUNICATIONS AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF CHAPEL COMMUNICATIONS SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, CHAPEL COMMUNICATIONS LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. CHAPEL COMMUNICATIONS DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM: i. access delays or interruptions to our web site or domain name registration system ii. data non-delivery or misdelivery between You and Chapel Communications iii. events beyond our control (i.e. acts of God) iv. the loss of registration or processing of a domain name or the use of a domain name v. the failure for whatever reason to renew a domain name registration vi. the unauthorized use of Your account with Chapel Communications or any of vii. services provided to You by Chapel Communications viii. errors, omissions or misstatements ix. deletion of, failure to store, or failure to process or act upon email messages x. processing of updated information to Your registration record xi. development or interruption of Your web site xii. errors taking place with regard to the processing of Your application xiii. application of Chapel Communications Dispute Resolution Policy xiv. any act or omission caused by You or Your agent (whether authorized by You or not) 9. INDEMNITY You agree to release, defend, indemnify and hold harmless Chapel Communications and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to Your (including Your agents, affiliates or anyone using Your account with Chapel Communications whether or not on Your behalf, and whether or not with Your permission) use of the services provided by Chapel Communications. Should Chapel Communications be notified of a pending law suit, or receive notice of the filing of a law suit, Chapel Communications may seek a written confirmation from You concerning Your obligation to indemnify Chapel Communications. Your failure to provide such a confirmation may be considered a breach of this agreement. 10. REPRESENTATIONS AND WARRANTIES You warrant that all information provided by You as part of the registration process is complete and accurate. You also warrant that each registration You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity. You agree that Chapel Communications makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to You against the possibility of objection to, or challenge of, the registration or use of any domain name You register with Chapel Communications. Chapel Communications expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Chapel Communications, as well as its affiliates, subsidiaries, officers, directors and employees. Chapel Communications also reserves the right to freeze a domain name during resolution of a dispute. 11. DISCLAIMER OF WARRANTIES. CHAPEL COMMUNICATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHAPEL COMMUNICATIONS MAKES NO WARRANTY THAT ITS SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CHAPEL COMMUNICATIONS DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 12. SEVERABILITY; ENTIRETY You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect. You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between You and Chapel Communications regarding the services contemplated herein. 13. VENUE; WAIVER OF TRIAL BY JURY THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF ARIZONA. EXCEPT FOR DISPUTES CONCERNING THE USE OF A DOMAIN NAME REGISTERED WITH CHAPEL COMMUNICATIONS, THE LAWS AND JUDICIAL DECISIONS OF MARICOPA COUNTY, ARIZONA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF MADISON COUNTY, KENTUCKY. FOR THE ADJUDICATION OF DISPUTES CONCERNING THE USE OF ANY DOMAIN NAME REGISTERED WITH CHAPEL COMMUNICATIONS, YOU AGREE TO SUBMIT FOR JURISDICTION AND VENUE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF KENTUCKY LOCATED IN RICHMOND, KENTUCKY. YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT. 14. NOTICES You agree that all notices (except for notices concerning breach of this agreement) from Chapel Communications to You may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address You have on file with Chapel Communications or mailed first class postage to the postal address You have on file with Chapel Communications. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Chapel Communications shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at: Domain Services C/O Chapel Communications, Inc. /DBA Cyber-Domains, 1212 West Main Street, Richmond, KY 40475 Delivery shall be deemed to have been made by You to Chapel Communications five (5) days after the date sent. Copyright © 2004 Chapel Communications, Inc. /DBA Cyber-Domains, All Rights Reserved