Registration Agreement

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of New.net, Inc. ("New.net") to register the domain name selected by you (the "Domain Name"). To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the Terms and Conditions, the Dispute Policy and the Privacy Statement. This Agreement will become effective if accepted by New.net. New.net may accept or reject your offer for any reason in New.net's sole discretion. Please carefully read this Agreement, as well as the other New.net Policies. This Agreement covers all New.net domain names you register with New.net.

 

1. New.net Policies.
   You agree to be bound by and comply with the "New.net Policies" (which are defined to include this Agreement, the Terms and Conditions, the Privacy Statement and the Dispute Policy, all including New.net's modifications and amendments thereto which New.net may make from time to time) with respect to the Domain Names. All New.net Policies are incorporated into this Agreement by this reference and are enforceable as if written out in full in this Agreement.
   
   
2. Fees.
   
   
   1. You will be responsible to pay for all fees associated with domain name services provided by New.net. The initial fee for registering a Domain Name will be $25. Unless otherwise terminated earlier under this Agreement, the New.net Policies or at law, the registration of the Domain Name will last one year. The registration may be renewed by you for additional one year periods, each subjest to early termination under this Agreement, the New.net Policies or at law, provided that you pay renewal fees by those due dates designated by New.net; it shall be your responsibility to ensure that such fees are paid. Payment must be made by credit card or such other method as we may indicate in the registration renewal form. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that New.net shall have no liability whatsoever with respect to any such cancellation. 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. New.net reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. 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 New.net in its sole discretion).
      
      
   2. 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 or any other fee associated with the domain name services provided by us, you agree and acknowledge that the domain name registration shall be transferred to New.net 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.
   
   
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3. All Fees are Nonrefundable.
   Notwithstanding anything to the contrary, you agree that all fees paid by you to New.net are non-refundable, in whole or in part, even if the Domain Name is suspended, cancelled or transferred prior to the end of the then-current registration term by you, by New.net or otherwise.
   
   
4. Dispute Policy.
   You agree to be bound by the current Dispute Policy which is incorporated into this Agreement by reference. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold New.net harmless pursuant to the terms and conditions contained in the Dispute Policy.
   
   
5. Transfer of Domain Name Ownership.
   In the event you would like to make change to the name of the registrant of the Domain Name, you agree to pay to New.net, prior to the effective date of such transfer, a transfer fee of US$50. You further agree that as a condition to any transfer of the Domain Name, the transferee shall agree in writing to become a party to and be bound by this Agreement. You acknowledge and agree that if you attempt to transfer your domain name registration without paying New.net the transfer fee or if the entity to which you seek to transfer your domain name fails to agree in writing to be bound by all terms and conditions of this Agreement, any such transfer will be null and void, and New.net shall have the right to immediately, and without prior notice, terminate this Agreement and/or suspend, cancel, transfer or modify your registration of the Domain Name.
   
   
6. Domain Name Registration Information and Its Use.
   
   
   1. As part of the registration process, you must provide certain information as specified on the New.net check out page and you must update this information as needed to keep it current, complete and accurate. In the event you fail to provide or maintain accurate this information, New.net shall have the right to terminate this Agreement and/or cancel, suspend, transfer or modify your registration of the Domain Name immediately without giving you prior notice. In addition to the information you provide, New.net maintains other information relating to your registration of the Domain Name including, among other things, the information referred to in the New.net Privacy Statement.
      
      
   2. In the event that you provide any information about a third party in connection with your registration of the Domain Name, you hereby represent and warrant that you have provided notice to, and have obtained consent from, such third party with regard to the disclosure and the use of that third party's information as set forth in this Agreement. You further represent and warrant that you will provide such notice and obtain such consent with regard to any third party data supplied to New.net in the future. New.net is not responsible for any consequences, if any, resulting from your failure to provide notice or receive consent as contemplated herein or your provision of outdated, incomplete or otherwise inaccurate third party data.
   
   
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7. Ownership of Data.
   You agree and acknowledge that New.net 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 our domain name database. You further acknowledge and agree that New.net owns all information New.net generates or obtains in connection with your registration of the Domain Name. New.net does not have any ownership interest in your specific personal information outside of its rights in our domain name database.
   
   
8. Use of the Domain Name.
   
   
   1. You agree that you will not register, use, display or exploit the Domain Name in contravention or violation of New.net Policies, in contravention of the laws of any jurisdiction where the Domain Name is accessible, or for any unlawful purpose, including, but not limited to, child pornography, child entrapment or abuse, advocacy of hatred, bigotry or violence towards persons or groups on the basis of their religion, race, ethnicity, gender, sexual orientation or other characteristics, theft of e-mail service, or as a source of unsolicited bulk e-mail or as an address to use for replying to unsolicited bulk e-mail.
      
      
   2. You will register and use, display and exploit the Domain Name in good faith, in accordance with international, federal, and state laws and regulations.
      
      
   3. You will not use the Domain Name to infringe upon or dilute the trademark or other rights of any third party.
   
   
   In the event you breach this Section 8, New.net shall have the right to terminate this Agreement and/or cancel, suspend, transfer or modify your registration of the Domain Name immediately without prior notice.
   
   
9. Registrant's Representations and Warranties.
   You represent and warrant that:
   
   
   1. you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder;
      
      
   2. if you are registering the Domain Name on behalf of a third party, you have the authority to bind that third party as a principal party to all terms and conditions provided herein;
      
      
   3. to the best of your knowledge, neither the registration of the Domain Name nor the manner in which you intend to use the Domain Name will directly or indirectly infringe or dilute the legal rights of any third party;
      
      
   4. you understand that use of the Domain Name may be subject to applicable laws and regulations in all jurisdictions in which the Domain Name is used or accessible, including those concerning trademarks and other types of intellectual property;
      
      
   5. you understand that it is your obligation to determine whether you have the right to use the Domain Name and to determine whether your use of the Domain Name will infringe upon or dilute the trademark or other rights of any third party;
      
      
   6. New.net has not made any representation to you, and you have in no way relied on any representations of New.net, as to your legal ability to register or use the Domain Name;
      
      
   7. you understand that use and transfer of the Domain Name is subject to all terms and conditions of this Agreement and any New.net Policies that are or may be enacted by New.net;
      
      
   8. the information submitted by you to New.net is true, accurate and correct, and you shall promptly notify New.net of a change of any information previously submitted to New.net;
      
      
   9. in the event you license the use of the Domain Name registered to you to a third party, you agree that you shall remain the Domain Name holder of record, and shall remain responsible for all obligations under this Agreement, including, but not limited to, payment obligations, and providing and maintaining accurate required information;
      
      
   10. in the event you breach this Section 9, New.net shall have the right to terminate this Agreement and/or cancel, suspend, transfer or modify your registration of the Domain Name immediately without prior notice; and
       
       
   11. in the event New.net suspends, cancels, transfers or modifies your registration of your Domain Name or terminates this Agreement pursuant to this Section 9, you agree (without implying any limitation to the general applicability of Section 3 to the other parts of this Agreement) that you shall not be entitled to a refund of any fees paid by you to New.net.
   
   
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10. Additional Registrant Representations and Warranties for ".kids" Top Level Extensions.
    Applications to register .kids domain names are subject to additional terms and conditions. First, all Domain Names that are indicated as available may be reserved on a first-come, first-served basis but may not be propagated or released to you until they are reviewed by the official registry, a process that may take up to 30 days. New.net currently has a relationship with .KIDS Domains, Inc., under which .KIDS Domains, Inc., and not New.net, is the official registry for .kids domain names. The registry may refuse to release any name it believes in its sole discretion is inappropriate. You further understand that if the Domain Name includes a top level extension of ".kids," the Web site associated with such Domain Name will always be subject to compliance with the registry's content guidelines (as they may be changed from time to time, the "Guidelines") and the Children's Online Privacy Protection Act ("COPPA"), that you agree that you will comply with the Guidelines and with COPPA, that the Web site associated with the Domain Name may or may not be required to be subject to (and comply with) a compliance audit by or on behalf of the registry, and may be required to be rated by or with a content-ratings association (which may include, without limitation, the Internet Content Rating Association). You also understand that domain names ending in ".kids" are intended to be "kid-friendly" and to take visitors to "kid-friendly", COPPA-compliant and Guidelines-compliant content, as determined by the registry. The registry and New.net each have the right to terminate this Agreement and/or cancel, suspend, transfer or modify your registration of the Domain Name immediately without prior notice if the registry or New.net, either individually, collectively or through a third party regulation mechanism, determines in its sole discretion that (i) the ".kids" Domain Name is lewd, offensive, obscene or indecent or is not otherwise "kid-friendly" or (ii) the Web site associated with the ".kids" Domain Name does not provid "kid-friendly", COPPA-compliant, and Guideline-compliant, content. In the event that the registration of the ".kids" Domain Name is suspended, canceled, transferred or modified, or this Agreement is terminated pursuant to this Section 10, you agree that you shall not be entitled to a refund of any fees or other amounts paid by you to the registry, New.net or any other business or person.
    
    
11. New.net Makes No Representations and Warranties.
    ALL DOMAIN NAME REGISTRATION SERVICES PROVIDED BY NEW.NET UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEW.NET MAKES 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, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT ANY LIMITATION TO THE FOREGOING, NEW.NET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF THE DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO THE DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME. IN ADDITION, NEW.NET MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY MINIMUM NUMBER OF USERS WHO WILL HAVE ACCESS TO NEW.NET DOMAIN NAMES.
    
    
12. Indemnification.
    You agree to release, indemnify, defend and hold harmless New.net, its parent, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) arising from or in connection with this Agreement, or your registration or use of the Domain Name (collectively, the "Claims"). The Claims shall include, without limitation, those based on infringement of intellectual property rights, dilution, privacy rights, tortious interference with contract or prospective business advantage, unfair competition, libel, slander, defamation or injury to business reputation.
    
    
13. Disclaimer; Limitation of Liability.
    NEW.NET DISCLAIMS ANY OR ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO, (a) NEW.NET'S REJECTION OF YOUR APPLICATION TO REGISTER THE DOMAIN NAME; (b) ERRORS RELATED TO PROCESSING OF YOUR APPLICATION TO REGISTER THE DOMAIN NAME; (c) APPLICATION OF THE DISPUTE POLICY; (d) USE OR INABILITY TO USE THE DOMAIN NAME; (e) SUSPENSION , TERMINATION, CANCELLATION OR OTHER LOSS OF YOUR REGISTRATION OF THE DOMAIN NAME, OR (f) EVENTS BEYOND NEW.NET'S REASONABLE CONTROL. UNDER NO CIRCUMSTANCES SHALL NEW.NET 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 NEW.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NEW.NET'S MAXIMUM AGGREGATE LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU TO NEW.NET. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, NEW.NET'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
    
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14. Breach and Revocation.
    
    
    1. New.net reserves the right to suspend, cancel, transfer or modify your registration of the Domain Name and/or terminate this Agreement in the event you materially breach this Agreement or other New.net Policies and do not cure such breach within thirty (30) days of notice by New.net, except where this Agreement provides that New.net may take such actions immediately without prior notice to you.
       
       
    2. You agree that New.net shall have the right in its sole discretion, to suspend, cancel, transfer or otherwise modify your registration of the Domain Name in the event New.net receives a properly authenticated order from a court of competent jurisdiction, arbitration award, or pursuant to any World Intellectual Property Organization ("WIPO") procedure, requiring the suspension, cancellation transfer or modification of your registration of the Domain Name. In the event New.net suspends, cancels, transfers or modifies your registration of the Domain Name or terminates this Agreement pursuant to this Section 14(b), you agree that you shall not be entitled to a refund of any fees paid by you to New.net.
       
       
    3. You agree the registration of the Domain Name is subject to suspension, cancellation or transfer by New.net to correct mistakes by New.net in administering or registering the Domain Name or the New.net Policies within thirty (30) days from the Registration Date. In the event we cancel or transfer the Domain Name registration within such thirty (30) day period, we agree to refund to you any applicable fees you have paid. You agree that New.net will not be liable to you for any loss or damages that may result from our suspension, cancellation or transfer of the Domain Name registration.
    
    
    
15. Policy Modifications.
    You agree that New.net shall have the right, in its sole discretion, to modify the terms and conditions of this Agreement or New.net Policies from time to time. Any modification by New.net shall be binding and effective immediately upon posting of the modified Agreement or modified New.net Policies on New.net's Site, except for modifications to the Dispute Policy, which shall be effective thirty (30) days from posting on the Site. You agree to review New.net's web site from time to time to be aware of any such modifications. If you do not agree with any such modification, your sole remedy is to terminate this Agreement (thereby canceling your registration of the Domain Name) by providing New.net with notice of your intention to terminate this Agreement. Notice of your termination shall be effective upon New.net's receipt of such notice. You hereby agree that New.net will not refund any fees paid by you to New.net in the event you terminate this Agreement. By continuing to use the Domain Name after a modification becomes effective, you agree to abide by and be bound by such modification.
    
    
16. Notices.
    Notices to you may be made via voice messages, email or regular mail. Notices to you shall be delivered in accordance with the contact information you have provided. Notices to New.net shall be delivered in writing to the following address, unless we post a different address at New.net's Site, in which case notices to New.net shall be delivered to that address: New.net, Inc., 130 West Union Street, Pasadena, CA 91103.
    
    
17. Main Agreement.
    This Agreement is intended by New.net and you to be binding on both of us with respect to each New.net domain name you register with New.net. Although you need only accept this Agreement once, New.net and you agree that each domain name purchase shall constitute a separate transaction between us governed by an identical copy of this Agreement. In the event this Agreement is deemed breached by either party, is terminated by either party, or is found to be unenforceable in whole or in part by any authority with jurisdiction, with respect to a particular transaction, such event shall not affect any other transaction or agreement between us.
    
    
18. General.
    This Agreement and the New.net Policies, together with all amendments or modifications to all of them, constitute the complete and exclusive agreement between you and New.net, and supercedes all prior proposals, agreements or other communications. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles. You shall bring any action under this Agreement only in either the state or Federal courts located in Los Angeles County, California. You expressly consent to the jurisdiction of said courts. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason and waive all rights, if any, to a trial by jury. If any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect as nearly possible to reflect the original intention of New.net and Registrant in executing this Agreement. The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.