 | Domain Name Registration - Wholesale
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Domain Name Service Agreement8. 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 represent and warrant that all information provided by you in connection with your registration is complete and accurate and that you have full capacity and authority to enter into this Agreement. DomainPRO makes no representations or warranties of any kind in connection with this Agreement. DomainPRO does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name. 9. Breach and Revocation You must remedy any breach of your obligations under this Agreement within 30 days after notice by DomainPRO. If you fail to cure the breach within such period, DomainPRO shall have the right in its sole discretion to delete, revoke, suspend, transfer or otherwise modify your registration of the domain name. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN adopted policy, or pursuant to any registrar or registry administrator procedures not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by DomainPRO, another registrar or the registry administrator in registering the name or (2) for the resolution of disputes concerning the domain name. You also agree that DomainPRO shall have the right in its sole discretion to delete, revoke, suspend, transfer or otherwise modify a domain name registration at such time as DomainPRO receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the deletion, revocation, suspension, transfer or modification of the domain name registration. 10. Right of Refusal DomainPRO, in its sole discretion, reserves the right to refuse (i) to register or reserve your chosen domain name and (ii) to provide any other service requested. Further, DomainPRO reserves the right to delete your domain name within thirty (30) days after receipt by DomainPRO of payment for such services, or the date of registration of your domain name, if later. In the event that we do not register or reserve your domain name or provide other requested services, or we delete your domain name within such thirty (30) day period, we agree to refund your applicable fees paid. You agree that DomainPRO shall not be liable to you for any loss or damages that may result from our refusal to provide any such services, or the deletion of your domain name. 11. Governing Law 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 Commonwealth of Pennsylvania, as if the Agreement was a contract wholly entered into and wholly performed within the Commonwealth of Pennsylvania. Any action to enforce this Agreement or any matter relating to your use of the DomainPRO site shall be brought exclusively in the United States District Court for the Eastern District of Pennsylvania or in the state courts of Northampton County, Pennsylvania. Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where DomainPRO’s headquarters are located, currently Northampton County, Pennsylvania. 12. Modifications to Agreement During the term of this Agreement, you agree that DomainPRO may revise, amend or modify the terms and conditions of this Agreement, including the Dispute Policy. Any such change will be binding and effective immediately on the date on which the revised Agreement is posted online at http://www.domainpro.com/domainserviceagreement.html , or on which notification of such changes is sent to you by e-mail or United States mail, as applicable. You agree to review DomainPRO’s web site periodically to keep track of any such changes to the Agreement. Such changes will remain binding on you until such time as DomainPRO is no longer the registrar of your domain name. If any such change constitutes a materially adverse change to you, you may change the term of this Agreement. Except as otherwise expressly provided above, no provision of this Agreement, including the Dispute Policy, may be amended or modified by you except by means of a written document signed by DomainPRO. 13. General This Agreement, including without limitation the fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitutes the complete and exclusive agreement between you and DomainPRO, and supersedes and governs all prior proposals, agreements, or other communications. If your domain name is parked on DomainPRO's servers but not in active use, you agree that DomainPRO may point such domain name to an under construction or registered or reserved style page designated by DomainPRO until you request otherwise. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of DomainPRO 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 DomainPRO 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 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 Agreement unenforceable or invalid as a whole. DomainPRO 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 DomainPRO as reflected in the original provision. All provisions of this Agreement shall survive the termination or other expiration of this Agreement. |
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