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Domain Name Registration - Wholesale
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Domain Name Service Agreement3. Use Policies You agree to use your domain name only in accordance with applicable laws. 4. Fees As consideration for the services provided to you by DomainPRO, you agree to pay to DomainPRO the applicable fees for such services. With respect to domain name registration and related services, if at any time any fees or other charges payable to the registry for a domain name registered by DomainPRO on your behalf, or fees or other charges payable to ICANN or any other regulatory body on account of such domain name, shall increase, or any additional fee, tax or charge shall become due and payable to any third party related to a domain name registered by DomainPRO on your behalf, fees payable by you to DomainPRO under this Registration Agreement will increase by such amount. All fees are non-refundable. You will be notified when renewal fees are due. Should these fees go unpaid by the time specified in the renewal notice, DomainPRO shall have the right to cancel your registration and delete your domain name. Unless otherwise agreed, payment shall be made by credit card and your domain name will not be registered unless we receive appropriate authorization from your credit card company. You agree that DomainPRO shall have the exclusive right to act as registrar of your domain name for the initial term of registration plus one (1) year of renewal (but only if you renew the registration of the domain name), and only if the renewal fee charged by DomainPRO for the renewal term does not exceed the annual registration fee for the initial registration, exclusive of promotional discounts, plus any increase in fees charged by the registry, ICANN or any other regulatory body. 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 or renewal fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to DomainPRO as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. 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. 5. Agents and Licenses You agree that if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy. You agree that if you license the use of your domain name to a third party, you re-main the domain name holder, and remain responsible for all obligations under this Agreement. 6. Limitation of Liability YOU AGREE THAT DomainPRO WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (A) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (B) THE USE OF YOUR DOMAIN NAME, (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO DomainPRO’S REGISTRATION SYSTEM; (D) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND DomainPRO; (E) EVENTS BEYOND DomainPRO'S REASONABLE CONTROL; (F) THE PROCESSING OF YOUR APPLICATION; (G) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (H) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (I) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, DomainPRO 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 DomainPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DomainPRO'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED DOLLARS ($500.00 USD). 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. 7. Indemnity You agree to defend, indemnify and hold harmless DomainPRO, its affiliates and business partners, and any applicable domain name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuLevel, Inc., NeuStar, Inc., SITA and Public Interest Registry, and their respective subsidiaries and affiliates, and the directors, officers, employees and agents of each of them, from and against any and all claims, actions, losses, damages, expenses and costs, including reasonable attorneys' fees and expenses, arising out of or relating to (i) your domain name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, or (iii) any third party claim, action, or demand related to your domain name or the use thereof.
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