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Additional Terms and Conditions for
Domain Name Registration Customers
- Domain Name Registration Services. AlpineWeb Design (AlpineWeb) has selected a
third party accredited registrar, Melbourne IT Limited (the "DN Vendor") to provide domain
name registration services for .com, .net, .org, other Top Level Domains (TLD's) and other country code
top-level domains. Customer agrees that the following terms relating to domain name registration services
constitute an agreement not only between Customer and AlpineWeb, but also directly between Customer and
DN Vendor. The term "register" or "registration," as used in this Agreement, shall
be read to include any initial registration, renewal or transfer of a domain name.
- Acceptance of Applications. AlpineWeb and DN Vendor reserve the right to reject any domain name
registration application for any reason. Customer agrees that neither AlpineWeb nor DN Vendor shall be liable for
any loss or damage that may result from such rejection.
- Representations and Warranties. Customer represents and warrants that
- neither the registration of the domain name nor the manner in which it is directly or indirectly used
shall infringe the legal rights of any third party;
- (ii) all information provided in connection with any domain name registration is and shall remain
accurate; and
- (iii) that Customer's registration and its or its customer's use of domain names will at all times be
consistent with all applicable laws.
- Dispute Policy. Customer agrees to be bound by the current Dispute Policy
("Dispute Policy") and the Dispute Policy procedures, incorporated by reference herein, for
any dispute relating to a domain name registered through AlpineWeb. Customer understands that the Dispute
Policy may change from time to time and agrees that maintaining the registration of a domain name after
such changes or modifications to the Dispute Policy become effective constitutes Customer's acceptance
of these changes or modifications. Without prejudice to other potentially applicable jurisdictions,
Customer submits to the jurisdiction of the courts as provided in the Dispute Policy. The current version
of the Dispute Policy may be found at:
http://www.melbourneit.com.au/policies/gtlddispute.php3
together with the corresponding dispute resolution procedures and rules ("Dispute Rules"), which may be
found at:
http://www.melbourneit.com.au/policies/gtldrules.php3
- Fees and Payment. Customer agrees that all payment obligations relating to any
domain name registration are exclusively between Customer and AlpineWeb, including all costs and fees
for moving or transferring such domain name. DN Vendor shall not be liable for any refund or other
payment to Customer in connection with the provision of registration services.
Customer will be notified when renewal fees are due. Should these fees go unpaid within the time
specified in any notice or reminder regarding renewal, Customer's or its customer's registration will
be cancelled.
- Required Information. As part of the registration process, Customer will be required
to provide certain information, including without limitation contact information regarding its customer
such as such customer's full name, postal address, e-mail address, telephone number and fax number, if
available ("Personal Information"). Customer agrees to update this information promptly as needed to
keep it current, complete and accurate, and to add such additional information as AlpineWeb or its DN
Vendor may reasonably require from time to time. Customer may access its customer's Personal Information
and/or domain name registration information to review, modify or update such information through the
AlpineWeb Web site.
Customer AGREES THAT Customer's WILLFUL PROVISION OF INACCURATE OR UNRELIABLE INFORMATION, WILLFUL
FAILURE PROMPTLY TO UPDATE INFORMATION PROVIDED TO AlpineWeb OR ITS DN VENDOR OR FAILURE TO RESPOND
FOR MORE THAN FIFTEEN (15) CALENDAR DAYS TO INQUIRIES CONCERNING THE ACCURACY OF CONTACT DETAILS
ASSOCIATED WITH ANY REGISTRATION SHALL CONSTITUTE A MATERIAL BREACH JUSTIFYING CANCELLATION OF SUCH
REGISTRATION.
- Use of Personal Information. Customer agrees and acknowledges that DN Vendor and
AlpineWeb will share Personal Information with each other, with the Internet Corporation for Assigned
Names and Numbers ("ICANN"), with registry administrator(s), and with other third parties as ICANN and
applicable laws and/or policies may require or permit. Customer further agrees and acknowledges that
AlpineWeb and/or DN Vendor shall be permitted (and in some cases may be required) to make the Personal
Information publicly available, or directly available to third party vendors, for purposes of inspection
(such as through WHOIS service), targeted marketing or other purposes as required or permitted by ICANN
and applicable laws and/or policies.
Each of AlpineWeb and DN Vendor agrees that it will not process data about any identified or identifiable
natural person that it obtains from Customer in a way incompatible with the purposes and other limitations
described in this agreement, and will take reasonable precautions to protect the information it obtains
from Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction.
- Third Party Information. In the event that Customer provides information about a
third party in the course of any registration, Customer hereby represents and warrants that Customer has
- provided notice to that third party of the disclosure and use of the party's information, and
- obtained that third party's express consent to the disclosure and use of that party's
information as set forth herein. If Customer is registering a domain name for someone else,
Customer represents and warrants that Customer has the authority to bind that person as a principal
to all terms and conditions herein, including the Dispute Policy. If Customer licenses or otherwise
permits third parties to use the domain name, Customer will remain the responsible contracting party
hereunder and the domain name holder of record, and will be responsible for all obligations under
this agreement, including but not limited to payment obligations, and providing (and updating, as
necessary) both Customer's own and the third party's 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.
- Changing Registrars. Under governing ICANN policies, domain name registrations may
not be transferred to another registrar within sixty (60) days of initial registration. In addition, a
transfer of a domain name registration to another registrar will be subject to the applicable registry's
transfer policies.
- Change of Ownership. If Customer or its customer wishes to transfer any domain
name to another person or entity, Customer or its customer may request ownership transfer services by
requesting a domain name ownership transfer through the AlpineWeb Web site. Customer acknowledges and
agrees that as a condition of any such transfer of ownership, the entity to which the domain name is
transferred shall agree to be bound by all terms and conditions herein, the Dispute Policy and its
accompanying rules and procedures, and all then-current DN Vendor, ICANN, or AlpineWeb policies relating
to domain name registration.
- Modifications. Customer agrees that these terms and conditions relating to
registration services (including the Dispute Policy) may be revised. Any such revision will be binding
and effective immediately on posting of the revised terms on either the DN Vendor's or AlpineWeb's Web
site. Customer agrees to review these Web sites periodically to be aware of any such revisions. The
continued use of any domain name registered shall constitute Customer's acceptance of such revisions.
IF Customer DOES NOT AGREE TO ANY SUCH REVISIONS, Customer'S SOLE REMEDY SHALL BE TO REQUEST THAT A
DOMAIN NAME REGISTRATION BE CANCELED OR TRANSFERRED TO A DIFFERENT DOMAIN NAME REGISTRAR.
- Breach and Revocation. Each of AlpineWeb and DN Vendor reserves the right to
suspend, cancel, transfer or modify any domain name registration immediately:
- in the event Customer or its customer breaches any provision of this Agreement (including
the Dispute Policy);
- as required or permitted by the Dispute Policy or any ICANN or registry policy or procedure;
- to correct any errors by DN Vendor, or any other registrar or the registry administrator;
- in order to resolve disputes concerning the domain name; or
- in response to an order from a court of competent jurisdiction, or arbitration award.
- Domain Name Registrar Transfers. If Customer is transferring a domain name from a
different domain name registrar of record to AlpineWeb and its DN Vendor, the following terms shall apply:
In making the transfer request, Customer represents and warrants that:
- Customer or its customer is the rightful holder of the registration for the domain name(s) to be
transferred;
- neither Customer nor its customer is in default with respect to any obligations owed to the
current registrar of record;
- neither Customer nor its customer is the subject of any pending bankruptcy proceeding;
- the domain name(s) are not currently the subject of any dispute or collection effort, including
any attachment, levy, lien, garnishment, escrow or other proceedings; (v) Customer and its customer is
legally authorized to request the transfer; and
- more than 60 days have passed since the domain name(s) was registered, transferred to a new
registrar, or renewed. Customer agrees that neither AlpineWeb nor its DN Vendor will have any
responsibility for any obligations owed to the current registrar of record for the domain name(s)
transferred, and Customer will be responsible for any costs that AlpineWeb or its DN Vendor may incur
in resolving any claims brought by any third party (including the current registrar of record) relating
to this transfer. Customer hereby authorizes AlpineWeb and its DN Vendor to take all actions reasonably
necessary to transfer the domain name(s), including contacting and updating registration information with
the current registrar of record and the registry.
- Disclaimer of Liability. To the extent permitted by law, Customer agrees that neither
AlpineWeb nor DN Vendor, nor any of their respective suppliers or service providers, has any liability to the
Customer or its customer for any loss Customer or its customer may incur in connection with the processing of
any registration, or the processing of any authorized modification to the domain name's record during the
covered period, or the failure by the Customer to pay either the registration fee or renewal fee, or as a
result of the application of the provisions of the Dispute Policy.
- Indemnity. In addition to any indemnification obligation that Customer may owe to
AlpineWeb hereunder, Customer agrees to indemnify, keep indemnified and hold DN Vendor and any registry
administrator, and their respective directors, officers, employees and agents, harmless from and against
all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and
expenses) arising out of or relating to Customer's or its customer's domain name registration or to the
Customer's or its customer's use of the domain name.
CUSTOMER AGREES THAT THE DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED ON AN "AS IS,"
"AS AVAILABLE" BASIS. ALPINEWEB, DN VENDOR AND EACH OF THEIR RESPECTIVE SUPPLIERS AND SERVICE
PROVIDERS 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.
ALPINEWEB, DN VENDOR AND EACH OF THEIR RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS MAKE NO WARRANTY THAT THE
DOMAIN NAME REGISTRATION SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES ALPINEWEB, DN VENDOR OR ANY OF THEIR RESPECTIVE SUPPLIERS OR SERVICE
PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE REGISTRATION SERVICES.
WITHOUT ANY LIMITATION TO THE FOREGOING, ALPINEWEB, DN VENDOR AND EACH OF THEIR RESPECTIVE SUPPLIERS AND
SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT REGISTRATION OR USE OF A DOMAIN NAME
UNDER THIS AGREEMENT WILL PROTECT CUSTOMER OR ITS CUSTOMER EITHER FROM CHALLENGES TO ANY DOMAIN NAME
REGISTRATION OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO CUSTOMER OR ITS
CUSTOMER.
NEITHER ALPINEWEB, DN VENDOR NOR ANY OF THEIR RESPECTIVE SUPPLIERS OR SERVICE PROVIDERS WILL 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 ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT ALPINEWEB'S, DN VENDOR'S AND THEIR RESPECTIVE SUPPLIERS' AND
SERVICE PROVIDERS' ENTIRE AGGREGATE LIABILITY, AND CUSTOMERS'S EXCLUSIVE REMEDY, WITH RESPECT TO ANY
REGISTRATION SERVICES PROVIDED UNDER THIS AGREEMENT AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO
THE AMOUNTS PAID FOR SUCH SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY
LAW.
AlpineWeb's and DN Vendor's suppliers and service providers are hereby named as express third party
beneficiaries with respect to any limitations on liability, disclaimers, indemnities, and other provisions
that may limit any obligation that might otherwise be owed to Customer contained herein.

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