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Domains Terms of Service Agreement

Domains Terms of Service Agreement

Last updated: March, 2016

For the CIFNet Domain Name Registration Services (the "Services"), along with any applicable agreements, the following additional terms and conditions also apply (collectively, the "Agreement").

Definitions

"You", "Your" shall refer to you, your entity, agents, assigns, contractors, affiliates, representatives, as well as your parent companies or/and subsidiaries, collectively " Customer" on whose behalf you are accepting this Agreement.

CIFNet and Customer are collectively referred to as the "Parties" or individually as a "Party".

Services Upon Customer's request and further subject to this Agreement, CIFNet will register a domain name or renew the Customer's registration of an existing domain name, on behalf of Customer, with a registrar selected by CIFNet (the "Registrar"). As of the date of last publication, the Registrar for the Services is Tucows, and all new registrations and subsequent renewals of those registrations will be subject to the Tucows terms and conditions, located at http://www.tucowsdomains.com/ (the "Registrar Terms").

General Terms Your use of the services provided by CIFNet serves as your consent to the terms of this Agreement. CIFNet may update this Agreement from time to time, usually to reflect new obligations and policies arising from the introduction of new services. It might also be updated to modify or clarify existing obligations and policies. You should visit this page from time to time to review any changes. We may notify you if this Agreement changes, or we may not. Any notification of any changes would be purely a courtesy and are not required by this Agreement.

Terms and Renewal The Term of this Agreement is twelve (12) months. Per your request, we may renew the domain name. If our renewal is successful, this Agreement will be extended for an additional 12 months. If you do not wish to continue service for a domain name beyond its current period, you must explicitly cancel the service by opening a support ticket via our web site, http://www.cifnet.com/support/

Billing and Contact Information Maintaining accurate and current billing information is a mandatory condition of maintaining your CIFNet account. If your billing information is not current, we will not renew your services, and this Agreement will terminate on the last day of the then current term. Your right and title to your domain name also allows you to transfer your domain name to another party. Regardless of the identity of the registrant or any other contact information in your domain name records, any domain name registered through CIFNet using your CIFNet account is covered by the terms of this Agreement. You are responsible for ensuring that the terms of this Agreement are met.

CIFNet needs to be able to contact you easily and quickly. You are responsible for ensuring that CIFNet has accurate and current contact and billing information for you, including your full and real name, postal address, e-mail address, and voice and facsimile telephone numbers. You also must provide similar accurate and current contact information for all contacts in each field of your domain name registration record.

Internet / Online Service Requests. For service support requests, You shall provide us with a list of authorized personnel, and You shall promptly advise us of any changes by submitting a support request via our web site. Furthermore, You agree that that any person from that list completing and/or submitting and/or executing any orders or service requests on behalf of You by way of the Internet or other electronic or online means (including but not limited to emails or via CIFNet's Support System), has the unconditional authority to do so on Your behalf and any such orders or service requests shall be binding, regardless of whether the person in question has actual, apparent or other authority and You hereby agree that it shall be unconditionally prohibited from asserting otherwise, at any time.

Timely Payment Your right and title to your domain name is for a finite period of time, measured by the term of your registration. If you do not pay your fees within thirty (30) days of the due date, we will close your account and terminate this Agreement. If your account is closed for non-payment, right and title to any domain name previously in your account will transfer to CIFNet and a cancellation surcharge of $175 per domain name cancelled plus applicable renewal fees may be levied on your account.

Recovering a Domain Name after Expiry It may be possible to recover a domain name after it has expired. Renewal of a domain name after its expiry is subject to a Redemption Recovery fee of $175 plus any applicable renewal fees and taxes. It may not always be possible to renew a domain name after its expiry and CIFNet has the sole and final word in determining when a domain name can be renewed post-expiry and what fees will be applicable.

If you forfeit a domain name for non-payment, CIFNet will have the right, in its sole discretion, to (a) register and use the domain name for its own purposes; (b) sell or transfer the domain name to a third-party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew. Further, you agree that CIFNet may charge the credit card you have on file with CIFNet to recover any amounts outstanding on your account.

Cancelling and Termination If you terminate this Agreement, you will not receive a refund for any fees already paid. If CIFNet terminates this Agreement, CIFNet will provide you with written notice, either via postal service, or email. CIFNet may, in its sole discretion, refund any unused portion of your subscription fee, and if applicable, assist you in transferring your domain name to another registrar.

Third Party Terms CIFNet is permitted by the Internet Corporation for Assigned Names and Numbers ("ICANN") and many domain name registries to register domain names on your behalf only on the condition that CIFNet requires you to agree to certain additional terms, conditions and fees. These additional terms, conditions, and fees are listed in the "OpenSRS Registrant Agreement - Exhibit A" ("Third-Party Terms"). The Third-Party terms are part of this Agreement, and you are bound by them just as if they were included here. In the event that this Agreement is inconsistent with any provision of the Third-Party Terms, the Third-Party Terms shall prevail.

Complaints and Legal Challenges Sometimes domain names become the subject of a legal challenge. If CIFNet is made a party (including to CIFNet being subpoenaed as a non-party) to any legal action by virtue of one of Customer's domain name, You agree to be responsible for all of CIFNet' costs and legal fees and to indemnify and hold CIFNet harmless from any action. In simple terms, at the request of CIFNet, Customer shall take those steps that are reasonably required to put CIFNet in the financial position it would have been in if that domain name dispute did not occur. If CIFNet is notified that a complaint has been filed with a judicial or administrative body regarding your domain names, CIFNet may, at its sole discretion, (a) suspend your ability to use, make modifications to, or transfer your registration records and/or (b) deposit control of your registration record with the appropriate judicial authority.

Jurisdiction If you have previously entered into the Master Service Agreement ("MSA") with CIFNet that requires arbitration, then any controversy or claim shall be settled by binding arbitration as described in the MSA.
Otherwise, this Agreement is governed by and will be enforced in accord with the laws of the State of Illinois in the United States of America. Any litigation arising out of this Agreement will take place in the Circuit Court of Cook County or the United States District Court for the Northern District of Illinois, and you consent to the exclusive jurisdiction of such courts. In the interest of saving time and expense, each of the Parties waives all right to trial by jury. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

No Waiver No provision of the Agreement will be considered waived unless such waiver is in writing and signed by CIFNet. No waiver of any provision in the Agreement, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or a failure to enforce any term or condition of the Agreement will not in any way affect, limit, or waive CIFNet's rights under the Agreement at any time to enforce strict compliance thereafter with every term and condition of the Agreement.

No Third Party Beneficiaries. CIFNet and Customer agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or the customers to the Customer.

Limitation of Liability You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have actually paid us over the past six (6) months. CIFNet and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registrars shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services or for the cost of procurement of substitute services.

We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or 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 we have been advised of the possibility of such damages.

Disclaimer of Warranties You agree that your use of our services is solely at your own risk. You agree that such services are provided on an "as is," "as available" basis. We expressly disclaim 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. We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

We make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein.