Host.com.hk 服務 ( 以下簡稱本服務 ) 提供網站空間出租及其相關服務；

提供 Host.com.hk 的有關公司 ( 以下簡稱本公司 )；

用戶租用本服務必須同意及遵守以下使用守則及租用條款 ( 以下簡稱本條款 )：

壹、 方案及服務選擇

本公司提供多種網站寄存方案及相關服務供用戶選擇性地租用，而服務功能細項依用戶申請書上標示為準。

貳、 計費期限

  1. 用戶向本公司提出申請租用本服務及同意遵守本條款後，本公司將以電郵通知用戶啟用日、到期日等相關事項，並於通知上標示之啟用日起開始計費。用戶如有疑議，應於通知上標示之啟用日起三日內通知本公司，用戶如未通知本公司，則視為用戶已確認接受服務內容及啟用日。
  2. 用戶申請終止租用本服務，原申請人必須以登記之電郵註明終止日期並於十五日前以正本通知本公司辦理終止使用所需之手續，否則視同願意續租。

參、 收費及付款方式

  1. 本服務之租用及繳費方式，依申請書所標示及本條款辦理。
  2. 本公司有調整本服務收費標準之權利，本公司應於收費標準調整前一個月，以電郵通知用戶。用戶已繳付之費用，用戶無須補繳費用亦不獲退還已繳納之費用。
  3. 用戶應依本公司之通知繳納應繳之各項費用。用戶對費用計算明細有疑議者，應於繳款截止日前檢具理由以書面通知本公司，如未通知者，不得拒絕支付費用。
  4. 有關賬戶續期，用戶應於通知繳款截止日前，繳納所有款項。否則，本公司得隨時終止用戶租用。
  5. 如付款予本公司，而不在 90 日內通知本公司，其所付費用可作廢。

肆、 終止租用

  1. 用戶已繳費之服務期間，如非因用戶之原因而租用終止者，按實際使用期間比例計費。但如用戶單方終止租用或違反本條款經本公司終止用戶租用者，本公司將不會退還用戶已繳納費用之全部或一部分。
  2. 本公司於本服務租用終止時有權停止提供一切服務。用戶須將終止前應繳之費用於終止時全數結清。
  3. 用戶如採用港元現金或支票繳費，若對服務有任何不滿意，可在開戶後 14 日內要求本公司退款，但退款不會包括網域註冊費用。
  4. 本公司如因任何原因而需暫停或終止本服務全部或一部分，應於預定暫停或終止日 14 日前通知用戶，用戶同意無異議配合辦理，本公司得退還用戶已繳納，但未使用之部分款項。
  5. 如用戶在申請服務時所提供的個人資料有任錯漏，都可以構成不獲退款的理由。

伍、 網路使用

  1. 用戶應遵守香港、美國及英國的資訊、電信、證券交易、金融、專利、商標、專利及其他相關法規暨權利所有人在網路上之授權聲明，並自行承擔使用網路資源所衍生之一切法律責任。
  2. 用戶應遵守網際網路國際使用規則及慣例： 　
    1. 禁止入侵網路上任何系統；
    2. 禁止破壞網路系統及各項服務；
    3. 禁止擷取、使用、刊登非經所有者正式開放或授權之資源；
    4. 禁止從事違反公共秩序、善良風俗、及違法行為；
    5. 禁止設立任何違反法令之網站或於網站中公然販賣違禁物品或涉及誹謗、恐嚇他人及任何不法侵害他人權利之行為。

    用戶如有違反，本公司得自行刪除該等內容資訊或終止用戶之租用，而所導致之任何後果及可能之損失概由用戶自行承擔，本公司不負任何責任。

  3. 為保持系統各項功能正常運作及保障所有網站代管用戶的權利，用戶應遵守下列各項規定 ( 有特殊約定時除外 )： 　
    1. 禁止發送任何未經收件人同意之電子郵件 (unsolicited email) 或大量發送其他電子信息如新聞組信息等，而所有信件之發送亦以不影響或為害系統伺服器之運作為原則、亦不得在網際網路上以任何方式發送大量未經收件人同意之電子郵件或及大量電子信息造成本公司系統之障礙。
    2. 禁止放置、執行 CGI / ASP / PHP 或其他語言程式編寫之聊天室程式。
    3. 當用戶所執行的 CGI / ASP / PHP 或其他語言程式大量耗用本公司伺服器之處理器及記憶體等系統共用資源或頻寬時，為保障其他用戶的權利，本公司有權將該程式或網站強制關閉。用戶如有違反，本公司有權在不另行通知下進行緊急之必要處置。
  4. 用戶使用本服務，不得妨礙他人使用或影響本公司系統之正常運作，如有違反，經本公司通知後 24 小時內未改善或已造成本公司系統或他人使用之障礙者，本公司得逕行暫停用戶使用或終止其租用。
  5. 用戶使用由本公司提供之各種服務功能及程式，其智慧財產權均歸屬於本公司擁有，用戶僅得自行於本服務之範圍內使用，如有複製、更改或供他人使用等侵害情形，本公司除得逕行終止租用外，並得請求損害賠償。

陸、 責任義務

  1. 本公司對用戶存放於本公司系統內之資料資訊等負保管存放責任，如因非人為銳意導致毀損時，本公司將不負責其賠償責任。
  2. 用戶須自行建置、維護及更新其內容資料資訊，並僅能存放於本公司所配予之目錄下。用戶存放於本公司系統內之資料資訊有擁有權及使用權，並同意負完全之法律責任。
  3. 用戶應視自身需求為資料資訊等定期備份或投保相關保險，以填補或減輕可能遭受之損害。 本公司不會提供個別網站或檔案作用還原。
  4. 因可歸責本公司之事由致使用戶無法使用本服務，經用戶通知本公司七十二小時後仍無法修復時，用戶得終止使用，本公司得退還用戶已繳納但未使用之部分款項。
  5. 因網際網路係由不同網路連接使用，本公司不保證用戶自網路上擷取資料之正確性與完整性，亦不保證用戶與本公司間資料傳輸速率，用戶如因前述事由或而發生直接或間接損失，本公司不負賠償責任。
  6. 用戶之系統如發生遭第三人經由網際網路入侵、破壞或擷取其資料等侵害情形，因此所生直接或間接之損失，本公司不負賠償責任。
  7. 因電信機線障礙、阻斷以致發生錯誤、遲滯、中斷或不能傳遞而造成損害時，其所生之損害， 本公司不負賠償責任。
  8. 如因用戶自身租用之實體線路傳輸品質不良造成之損失，用戶應自行聯繫實體線路服務提供者進行維修，本公司不負責線路維修及用戶之損失。
  9. 如因颱風、地震、海嘯、洪水、停電、戰爭、恐怖襲擊、海底電纜斷裂等非本公司控制範圍內可避免之因素造成線路中斷或毀損，本公司不負責善後及賠償。
  10. 用戶租用本服務，除本條規定及本服務契約條款規定外，本公司不負擔其他損害賠償責任。
  11. 如因系統容量限制或維護系統之必要，本公司得暫停或限制用戶使用本服務。
  12. 本公司為用戶提供之網域名稱註冊服務，用戶應同意遵守相關機構有關網域名稱登記之規定，提供正確資訊予本公司。
  13. 用戶如因提供之資訊錯誤，致使網域名稱被取消者，本公司不負任何責任。用戶更改網域名稱時，須以書面通知本公司；如用戶未通知本公司而造成之損失，本公司不負任何責任。
  14. 用戶未及時繳納申請或續用網域名稱之費用而損失網域名稱使用權，對損失網域名稱使用權所造成之損失，本公司不負任何責任。

柒、 私穩條例

  1. 用戶申請租用本服務，應檢具申請書表及身分證明文件提出申請。用戶租用本服務如有異動需求，須填具相關申請書表及身分證明文件申請辦理。
  2. 用戶應據實填寫申請書表上之資料，如有虛偽不實導致任何紛爭發生者，由用戶自行負責。
  3. 通知所使用之郵寄或電子郵件地址以用戶於申請書上登錄者為準，用戶更換郵寄及或電子郵件地址應事先以書面通知本公司。
  4. 本公司基於業務需要得使用用戶所登錄之資料，並得編印建置用戶目錄，但用戶事先聲明不欲刊登者，不在此限。
  5. 本公司保留修改本條款的權利。


國際域名條款

ENOM, INC. REGISTRATION AGREEMENT

As Host.com.hk e-Services is one of the eNom, Inc.'s reseller. Please read the agreement of registration

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of eNom, Inc.'s ("eNom") domain name registration services to register an Internet domain name, your registration of that domain name, as well as other eNom domain name related services. In this Agreement "you" and "your" refer to each customer and "we", "us" and "our" refer to eNom. This Agreement explains our obligations to you, and explains your obligations to us for various eNom services. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional eNom service(s) or to cancel your eNom service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the service(s) provided by eNom under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any pertinent rules or policies that are or may be published by eNom.

This Agreement will become effective when accepted by eNom. eNom may elect to accept or reject your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.

1. Our Services:

eNom is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for Top Level Domain Names (TLDs), currently .com, .net and .org. ICANN oversees registrations and other aspects of the TLDs. As an accredited domain name registrar, eNom is, upon accepting your domain name registration application, your sponsor for that application. All domain name registrations we register for TLDs are not effective until we have delivered the domain name registration information you provide us to the registry administrator for the TLDs, as applicable, and the registry administrator puts into effect your domain name registration. For a list of registry administrators and for more information on TLDs, see http://www.icann.org/tlds/.

You agree and acknowledge that eNom is not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to your application and receipt of, or failure to receive, a domain name registration.

You further agree to indemnify, defend and hold harmless applicable registry administrator(s) and their directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, your domain name registration.

2. What We Do Not Do:

We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should also be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and to indemnify us.

3. Fees:

As consideration for the domain name registration services and/or other services provided by eNom to you, you agree to pay eNom, prior to the effectiveness of the desired domain name registration, the applicable service(s) fees for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance as determined by eNom in its sole discretion).

As further consideration for the eNom service(s), you agree to:



provide certain current, complete and accurate information about you as required by the registration process and
maintain and update this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information ("Account Information"). In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to eNom as the paying entity for that registration to the registry. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee, currently set at US$200. For more information, please click here . Charges for eNom's services may be identified on your credit card statement as "Domain Name Registration Services" or under a similar moniker.

You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your registration is set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message or via your account information when renewal fees are due to avoid expiration. Should these fees go unpaid, your registration will expire or be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. If the "auto renew" feature is selected with respect to your registration, we may attempt to renew your registration a reasonable time before the expiration of your registration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed. You also certify that you have read the Merchant Services Agreement and agree to be bound by any and all applicable terms and conditions contained within that agreement.

4. Disclaimer, Disputes, and the Domain Name Dispute Policy:

If you request, reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by eNom's current Disclaimer published on our site ("Disclaimer") and our current Domain Name Dispute Policy ("Dispute Policy") which are incorporated herein and made a part of this Agreement by reference. The Disclaimer can be found at http://www.enom.com/help/disclaimer.asp and the Dispute Policy can be found at http://www.enom.com/help/drp.asp . Certain disputes, as specified in the Dispute Policy, are subject to that Policy. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold eNom harmless pursuant to the terms and conditions contained in the Dispute Policy. You also understand that it is important for you to regularly monitor (at least several times per week) email sent to the email address associated with the "registrant" in your Account Information because, among other reasons, if a dispute arises regarding a domain name in your account, you may loose your rights to the domain name if you do not respond expeditiously to an email sent in conjunction therewith.

5. Transfer to another Registrar:

You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with eNom or after the expiration, but before the deletion, of your domain name. Your request to transfer to another registrar may be denied in situations which include, but are not limited to, a dispute over the identity of the domain name holder, bankruptcy, and failure to pay fees when due.

You acknowledge that you assume all risk for a failure of a transfer process if the transfer process is initiated close to the end of a registration term.

To prevent transfers not initiated by you, you agree that we may place a Registrar Lock ("lock") on your domain name. You also have the ability to prevent a transfer to another registrar by placing a lock on your domain name. By maintaining the locked status on your domain name, you are providing express objection to any and all transfer requests issued from another registrar. Should you choose to transfer to another registrar, you must log into your account and remove the lock prior to our receipt of the transfer request from the gaining registrar.

6. Modifications to eNom's Registration Agreement and Dispute Policy:

You agree, during the period of this Agreement, that we, in our sole discretion, may:

revise the terms and conditions of this Agreement and the Dispute Policy; and
change the services provided under this Agreement.
Any such revision or change will be binding and effective within 30 days of when the revised Agreement or change to the service(s) is posted on eNom's web site, or immediately on notification to you by e-mail or United States mail. You agree to review eNom's web site, including the Agreement, periodically to be aware of any such revisions. You agree that, by continuing to use the eNom services or your continued use of a domain name registered to you through our services shall constitute your acceptance of this Agreement and the Dispute Policy with the new modifications. You acknowledge that if you do not agree to any such changes, that you may request, by providing us with notice by e-mail at info@enom.com or United States mail at the addresses listed in the contact information found on www.enom.com, that your domain name registration be cancelled or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy.

7. Account Information and Its Use:



Information You Are Required to Submit. As part of the registration process, you are required to provide certain information and to update this information promptly as needed to keep it current, complete and accurate. The information you are obligated to provide in connection with the domain name you are registering is the following:


The domain name being registered;
Your (or the domain name holder's) name, postal address, e-mail address, voice telephone number, and where available, fax number; and
The name, postal address, e-mail address, voice telephone number, and where available, fax number of all contacts for the domain name; and
Valid payment information.


You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed.


All other information which we may request from you at registration is voluntary. However, not providing the requested information may prevent you from obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.


Additional Information Maintained About Your Registration. In addition to the information you provide, we maintain records relating to your domain name registration. These records may include:


The original creation date of the registration;
The submission date and time of the registration application to us and by us to the proper registry;
Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
Records of account for your domain name registration, 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, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name;
The name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name;
The expiration and renewal date of the registration;
Information and copies in electronic or paper form regarding all other activity between you and us and third parties relating to your domain name registration and related services.


Your Obligations Relating to the Account Information. In the event that, in registering the domain name, you are providing information about or on behalf of a third party, you hereby represent that you have


provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and
that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
By registering a name or applying for services you also represent that the statements in its application are true and you also represent that the Domain Name is not being registered for any unlawful purpose.

You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond for over ten (10 ) calendar days to inquiries by eNom concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

As indicated above in paragraph (iv.) and elsewhere in this Agreement, you understand that it is important for you to regularly monitor (at least several times per week) email sent to the email address associated with the "registrant" in your Account Information because, among other reasons, if a dispute arises regarding a domain name in your account, you may loose your rights to the domain name if you do not respond appropriately to an email sent in conjunction therewith.


Privacy Policy: Disclosure and Use of Registration Information.

You agree and acknowledge that eNom will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that eNom may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration 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 ICANN and applicable laws.

Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that eNom may or must make available to the public or to private entities, and the manner in which such information is made available.

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

You may access your domain name registration information in our possession to review, modify or update such information, by accessing your account at our web site (www.enom.com), or via a similar service. In order to change any of your account information with us, you must use your Account Login Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Login Identifier and Password from any unauthorized use. You agree that any person in possession of you Account Login Identifier and Password will have the ability and your authorization to modify your account information. eNom will take reasonable precautions to protect the information it obtains from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information; you agree that, if eNom takes reasonable precautions in relation thereto, that in no event shall eNom be liable if such reasonable precautions do not prevent the unauthorized use or misuse of your Account Identifier or Password and that, even if eNom fails to take reasonable precautions, that eNom's liability under any circumstances shall be limited by the limitation of liability found in paragraph 13 of this Agreement.


8. Ownership of Information and Data:

You agree and acknowledge that eNom owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar:


the original creation date of the registration,
the expiration date of the registration,
he name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration,
any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and
any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. eNom does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.
9. Agents and Licenses:

You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.

You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name 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 and domain name registration.

10. "Name Only" Services and Incomplete DNS Information:

You agree that if you purchase "Name Only" services or that if you provide incomplete DNS information (the information described in paragraphs 7.4.5 and 7.4.6) in your Account Information, that eNom may direct the domain name to an IP address designated by eNom, including, without limitation, to an IP address which hosts a parking page or a commercial search engine.

11. After Expiration of the Term of a Domain Name Registration:

After expiration of the term of a domain name registration and before deletion of the domain name by the applicable registry, you acknowledge that eNom may direct the domain name to an IP address designated by eNom, including, without limitation, to an IP address which hosts a parking page or a commercial search engine and you acknowledge that eNom may place eNom's contact information in the WHOIS output for expired domain name.

After expiration of the term of a domain name registration, you acknowledge that certain registry administrators may provide procedures or grace periods during which expired domain name registrations may be renewed. You acknowledge that you assume all risks and all consequences if you wait until close to or after the end of a domain name registration term to attempt to renew the registration. You acknowledge that eNom, for any reason and in its sole discretion, may choose not to participate in a post-expiration renewal process and that eNom shall not be liable therefore. You acknowledge that post-expiration renewal processes involve additional fees which eNom may determine in its sole discretion. You acknowledge that, upon expiration of the term of a domain name, that the applicable registry may make the domain name available to be registered by any party at any time.

12. Announcements:

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

13. Limitation of Liability:

YOU AGREE THAT ENOM WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND ENOM'S CONTROL; (8) THE PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. ENOM ALSO 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 ENOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ENOM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00). 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 EXTENT PERMITTED BY LAW.

14. Indemnity:

You agree to release, indemnify, and hold all Registry Operators, eNom, their contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to or arising under this Agreement, the eNom services provided hereunder, or your use of the eNom services, including without limitation infringement by you, or someone else using any eNom service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any eNom operating rule or policy relating to the service(s) provided. When eNom may be involved in a suit involving a third party and which is related to our services to you under this Agreement, eNom may seek written assurances from you in which you promise to indemnify and hold eNom harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in eNom's sole discretion, the posting of performance bonds or other guarantees reasonably calculated to guarantee payment to eNom. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in eNom's sole discretion, result in loss of your right to control the disposition of domain names for which you are the registrant and in relation to which eNom is the registrar of record. This indemnification is in addition to any indemnification required under the Dispute Policy.

15. Representations and Warranties:

YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR IN THE INTRODUCTORY PARAGRAPH OF THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, ENOM 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. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ENOM'S E-MAIL FORWARDING OR OTHER EMAIL 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. ENOM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENOM OR THROUGH THE E-MAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Breach and Revocation:

eNom reserves the right to suspend, cancel, transfer or modify your domain name registration or suspend, cancel or modify other services we provide in the event


you breach this Agreement (including the Dispute Policy) and you do not cure such breach within thirty (30) days of notice by eNom,
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,
you use your domain name in connection with unlawful activity, or
grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including eNom) or registry administrator procedures approved by an ICANN-adopted policy,


to correct mistakes by eNom, another registrar or the registry administrator in administering the name or
for the resolution of disputes concerning the domain name.
You also agree that eNom shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice (written notice including notice via email), or at such time as eNom 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.

17. Right Of Refusal:

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other eNom service(s), or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other eNom service(s), or we delete your domain name or other eNom service(s) within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other eNom service(s).

18. Governing Law:

Except as otherwise set forth in the Dispute Policy with respect to disputes, 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 Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the eNom site shall be brought exclusively in the United States District Court for the Western District of Washington, or if there is no jurisdiction in such court, then in a state court in King County, Washington state.

19. Notices:

You agree that any notices required to be given under this Agreement by eNom to you will be deemed to have been given if delivered in accordance with the Account Information you have provided.

20. Infancy:

You attest that you are of legal age to enter into this Agreement.

21. General:

This Agreement, eNom's Disclaimer and the Dispute Policy, together with all modifications, constitute the complete and exclusive agreement between you and eNom, 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 eNom 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 eNom 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 Policy 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 Policy unenforceable or invalid as a whole. eNom 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 eNom as reflected in the original provision. This Agreement, eNom's Disclaimer and the Dispute Policy may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of eNom.
　
　

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