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Worldnet Online Incorporated
T/A
Worldnet Webhosting Internet Solutions
Terms Of Service
Agreement Between User and Worldnet Online, Inc T/A WNIS Online Thank you for using the services of WNIS Online. WNIS Online is the proud provider of services which empower you to register and manage your domains online and includes without limitation web parking, web forwarding, e-mail, e-mail forwarding, DNS and other services which may be offered from time to time by WNIS Online for use with your WNIS Online account (collectively and individually referred to as the "WNIS Online Website", "Website", the "WNIS Online Services", "Services", or "WNIS Online"). Your use of the WNIS Online. Website and Services is conditional upon your acceptance without modification of the terms, conditions and notices contained herein. Your use of our Services constitutes your agreement to all such terms, conditions and notices.
1.1 Upon approval of your application you will become a member of WNIS Online.
1.2 You agree to provide and maintain accurate, complete and updated information to WNIS Online.
1.3 The WNIS Online Services are currently offered free of charge to members and we are able to offer you these services through the support of various
advertising initiatives. We reserve the right to make such Services advertiser supported in the future, including but not limited to placement of advertising
banners, textlinks, search boxes, pop-ups, pop-under and exit windows.
1.4 We currently have advertising on the WNIS Online Under Construction/Welcome Page and through use of our free URL Forwarding services, but may change or add advertising banners,
text links, search boxes, and exit windows at any time.
1.5 In exchange for membership privileges you agree to receive our periodic newsletters and information on offers and promotions from our affiliates and partners at any time.
2. Modification of Terms of Service
2.1 We reserve the right to change the terms and conditions of this agreement at any time without prior notice. Such changes will be posted on our web site at www.wnisonline.com. You agree to review any changes to this agreement and, if such changes are not acceptable to you, immediately terminate your use of the WNIS Online service. If you continue to use the WNIS Online service after the effective date of such changes, such use will constitute acceptance of the changes.
3. Modifications to WNIS Online Service
3.1 By accepting this Agreement, you hereby acknowledge and agree that, in our sole discretion, we may modify or discontinue, temporarily or permanently, any aspect of the WNIS Online Service at any time with or without prior notice, including, without limitation, modification or discontinuance of advertising, content and applications appearing as part of the WNIS Online Service. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the WNIS Online Service.
4.1 You understand and acknowledge that WNIS Online is not itself a registrar of domain names, but offers such registration services on its Website as a service to its members by providing registration pages and links to official sellers and registrars of domain names. Members are under no obligation to use any of the domain registration services available at WNIS Online. If you use any of the domain registration services on the WNIS Online Website you will also be subject to the Hostway of the registrar for such domains, current hostway.com
4.2 You understand and acknowledge that you will also have to pay an annual registration fee per domain name to your designated registrar to maintain the registered status of each domain. The fees vary from registrar to registrar. If you direct one or more domain moves, you understand and acknowledge that you must continue to pay the yearly registrar fees for your
domain's) to maintain registered status of each domain, and that moving your domain to WNIS Online network in no way alters your payment obligations to your registrar.
4.3 Once a domain is registered in your name, or moved to WNIS Online network, you are considered the registrant of the domain, and assume all responsibility for any and all trademark disputes, infringements, maintenance fees or other obligations or liabilities related to the domain. You shall not include us in any such dispute and we reserve the right to raise any and all defenses and take other appropriate action to protect our interests. You agree to indemnify and hold harmless WNIS Online.
4.4 In the event that a conflict arises between a WNIS Online member account holding a domain name and the listed registrant of said domain name, WNIS Online will move, edit or otherwise shift control of the use of the domain name within the WNIS Online database to the Admin Contact as listed in the Whois database at its discretion.
5.1 WNIS Online adheres to a Privacy Statement and will not release any confidential information about you without your consent, or as required by law or regulatory authority. You acknowledge that some of your contact information will be attached to your
domain's) and will therefore become publicly available. To review our Privacy Statement.
6. No Unlawful or Prohibited Use, Spam and Termination
6.1 As a condition of your use of the WNIS Online Services, you agree that you will not use our Website for any purpose that is unlawful, illegal or prohibited by these Terms of Services, or our other terms, conditions or notices. You agree that you will not modify, copy, distribute, transmit, reproduce, publish, license, transfer, sell or create derivative works from, any data, software, Services or products obtained through our Website.
6.2 You agree that you will not use our Services to conduct any activity or solicit the performance of any activity that is prohibited by law or by regulatory authorities. You further agree that you will not use our Services in any manner that could disable, damage, overburden or impair our Website. We reserve the right, at our sole discretion, to deny access at any time to users who breach our policies or cause other abuses which we deem disruptive to the WNIS Online or the Internet community at large.
6.3 We reserve the right to decline the registration or domain moves of adult-oriented domains and to revoke without refund any Services which we, in our sole judgment, deem are being used for any unlawful purpose, or to promote adult-oriented or "offensive" material, or as a source of unsolicited bulk e-mail, or as an address to use for replying to unsolicited bulk e-mail, or in a manner injurious to our members, their reputation or the business reputation of the WNIS Online. This policy also applies to Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.). This policy will not apply to e-mail return addresses used without the owner's consent or knowledge. Under no circumstances will we interfere with your ownership of your registered Domain.
6.4 The following are grounds for immediate termination of service without notice:
6.4.1 Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic) using a WNIS Online hosted domain.
6.4.2 Sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider and using a WNIS Online hosted domain as a response address.
6.4.3 Offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ("spamware"). Advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, which includes the facilitation of the means to spam, initiation of pinging, flooding,
mail bombing, denial of service attacks, and piracy of software.
6.4.4 Harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or WNIS Online.
6.4.5 Impersonating another user or otherwise falsifying one's identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service. 6.4.6 Using a WNIS Online hosted domain to point to or otherwise direct traffic to any material that, in the sole opinion of WNIS Online, is associated with spamming, bulk e-mail, e-mail harvesting, were as (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of WNIS Online, to be threatening or obscene or inappropriate is considered misuse of service.
6.4.7 A WNIS Online hosted domain is violating our terms if it is used to point to adult material, nudity, or any material that, in the sole opinion of WNIS Online, is considered inappropriate, if the domain, in the sole opinion of WNIS Online: a) does not contain an obviously adult term b) contains misleading terms, or c) is likely a typo for another domain, or d) is not consistent with the prior use of the domain by a previous owner Such misuse can result in the cancellation of your entire account and the blacklisting of your domains without notice.
6.4.8 Using a WNIS Online hosted domain that, in our sole opinion, has been used for the following (but not limited to) activities: Transmitting Unsolicited Commercial e-mail (UCE) Transmitting bulk e-mail Being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist Posting bulk Usenet/newsgroup articles Denial of Service attacks of any kind Excessive use of the web forwarding service Excessive use of the mail forwarding service Copyright or trademark infringement Reselling or attempting to resell WNIS Online services Unlawful or illegal activities of any kind Promoting net abuse in any manner (providing software, tools or information witch enables, facilitates or otherwise supports net abuse) Causing lossage or creating service degradation for other WNIS Online users whether intential or inadvertent.
6.5 We reserve the right, in our sole discretion, to suspend or terminate your access to our Website and the related Services or any portion thereof, at any time, without notice. We will terminate for any breach of our terms of service or for any activity that constitutes an unlawful or prohibited use as described herein.
6.6 Member understands that service being terminated to a domain under any terms of this agreement is grounds for termination of related domains on the system under the same login or related logins or domains sharing common contact records in the whois database and that such termination can occur without notice.
6.7 We do whatever we can to prevent the sending of unsolicited bulk e-mail messages. If you intend to use our Services to spam the Internet community, please do not register with us.
6.8 WNIS Online reserves the right to reject any e-mail to or passing through a WNIS Online hosted domain or any WNIS Online computer from any user, domain, provider, IP address/netblock, or company that engages in, permits, or allows itself to be used for spamming.
7. No Warranties/Limited Liability/Indemnification
7.1 The WNIS Online service and each portion thereof is provided "as-is" without any warranties of any kind, whether express, implied, statutory or otherwise including but not limited to, any warranty that the WNIS Online service will meet your requirements, the WNIS Online Service will be uninterrupted, timely, secure or error-free, or any implied warranties of merchantability, fitness for any particular purpose or noninfringement. Your use of the WNIS Online Service is entirely at your own risk. Because some jurisdictions do not allow the exclusion or limitation of implied warranties, aspects of the above exclusion may not apply to you. In such jurisdictions, any warranties will be limited to the maximum extent permitted by applicable law.
7.2 You represent and warrant that any material which you place or permit to be placed on the WNIS Online service with or without your authority, or on the Internet and/or the Web through WNIS Online service, including your domain name(s), will not violate the rights of any third party and will not give rise to any claim of such violation, violate any federal, state or local law, rule or regulation of any type of any nature (civil or criminal), including without limitation, laws with respect to obscenity, indecency, harassment, or export controls, or contain or transmit any software disabling devices or internal controls including, without limitation, time bombs, worms, viruses or the like. You shall indemnify and hold WNIS Online and its employees, agents, shareholders, officers, directors and successors and assigns harmless from and against any and all claims, damages, liabilities, costs and expenses (including attorneys' fees and costs and settlement costs) arising out of any breach by you of any of the representations, warrantees or agreements set forth in these Terms and Conditions.
7.3 YOU AGREE THAT WNIS ONLINE WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN SERVICES IN YOUR NAME; (B) USE OF YOUR DOMAIN BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY YOUR DOMAIN; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND WORLDNET'S REASONABLE CONTROL; (G) THE PROCESSING OF THIS APPLICATION; OR (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED.
7.4 WNIS ONLINE.COM 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 WORLDNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WORLDNET'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR USE OF OUR SERVICES.
7.5 SHOULD THIS AGREEMENT OR A DISPUTE POLICY BE AMENDED IN SUCH A MANNER THAT YOU DO NOT ACCEPT OR AGREE TO, YOUR SOLE REMEDY WILL BE TO CANCEL YOUR DOMAIN SERVICES.
7.6 Indemnification. You agree to defend, indemnify and hold WNIS Online and all of their respective current and former officers, directors, members, shareholders, agents, and employees harmless from any claims, losses, damages, causes of action, liabilities and expenses (including attorneys? fees) related to or arising out of acts or omissions of you or your employees, directors, shareholders, members, officers, agents, subsidiaries, affiliates, and/or breach of any of the foregoing representations and warranties.
8.1 You agree and acknowledge that WNIS Online owns all rights, title and interests to all database compilation in our domain name database and all information and derivative works generated from the domain name database. WNIS Online does not have any ownership interest in your specific personal registration information or in your registered Domain. WNIS Online does not have any ownership interest in the materials you provide, post, upload, input or submit to our Website.
9. Copyright and Trademark Notices
9.1 All contents of our Website are Copyrighted by WNIS Online and its parent corporation. All rights reserved. Except as otherwise agreed in writing, WNIS Online owned content received through our Website may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to modify, copy, distribute, transmit, reproduce, publish, license, transfer, sell or create derivative works from the content received through our Website to anyone, without our express prior written consent. Trademarks or copyrights of Third parties mentioned on our Website or hyper linked there from are the registered trademarks and copyrights of their respective owners. Content owned by licensors of WNIS Online may be subject to additional restrictions. Any rights not expressly granted herein are reserved.
10.1 This agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of WNIS Online. This agreement, together with all approved modifications, constitutes the entire and exclusive agreement between you and WNIS Online and supercedes all prior proposals, agreements and other communications.
10.2 You agree that this agreement does not create any agency, partnership, or other form of joint enterprise between you and WNIS Online or its affiliated companies.
10.3 WNIS Online may assign this agreement and/or its responsibilities under this agreement at any time. You may not assign this agreement, in whole or in part, without My domains written consent. Any attempt by you to assign this Agreement without such consent will be null and void and may result in this agreement being void, at My domains discretion.
10.4 The failure of WNIS Online 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 WNIS Online of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
10.5 Force Majeure. Without limiting the foregoing and except for payment obligations, Worldnet shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
10.6 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Nevada, USA. Any action to enforce this Agreement or any matter relating to your use of the Website shall be brought exclusively in the Superior Court in Clark County, Las Vegas, Nevada or if there is no jurisdiction in such court, then in the United States District Court for the Clark County.
10.7 In the event that any provision of this agreement is held invalid or unenforceable, such invalidity or unenforceability shall not render this Agreement invalid or unenforceable as a whole.
10.8 You agree that any notices required to be given under this Agreement by WNIS Online to you will be deemed to have been given if delivered in accordance with the contact information you have supplied.
10.9 A printed version of this agreement and of any notice provided in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as non-electronic business documents and records.
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