Bravenet Terms of Service

BRAVENET GENERAL TERMS OF SERVICE

Welcome to the Bravenet.com, owned and produced by Bravenet Web Services, Inc. and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "Bravenet"). By registering to be a member of Bravenet and to use any Bravenet Service, you are agreeing to the following Terms of Service. In addition, there are a variety of special Products and Services offered through Bravenet that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any Bravenet service or product that does not have a separate legal agreement, the Terms of Service set forth here will apply. Additionally, even if another Bravenet service or product has separate terms and conditions, terms of service, user agreement, or similar legal agreement, these Terms and conditions will also apply to the use of that service or product. Bravenet also may supplement the Terms of Service with additional posted guidelines or rules. These Terms of Service may be amended from time to time without any notice to yourself. You can view the most current version of the Terms of Service at any time by visiting: https://www.bravenet.com/terms Please review these Terms of Service from time to time so you will be apprised of any changes.

Bravenet may also use a third party service to monitor users' individual browsing sessions.

Bravenet may also offer other services from time to time that may be governed by the terms of service of the respective service partners.

Because the Terms of Service contain legal obligations, please read them carefully. Failure to comply will result in account termination and will subject you to further legal liability.

Description of the Products and Services.
Bravenet entitles users to access to a variety of on-line resources, including personal web page hosting services and interactive on-line services (the "Products and Services"). Some of the Products and Services are supported by advertising, enabling Bravenet to provide them to you at no cost. When you use these free services, you agree to allow Bravenet to display advertising, including third party advertising, through the Products and Services. Bravenet reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services or to change the nature, style, or form of advertisements displayed through the Products and Services. Unless explicitly stated otherwise, any new Products and Services, including changes, updates and new versions of the Products and Services, shall be subject to the Terms of Service.
Acceptance.
By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service as they may be amended from time to time, together with any other posted guidelines or rules applicable to any specific Product or Service.
Your Registration Obligations.
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of the Products and Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bravenet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bravenet has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services (or any portion thereof).
Responsibility For Minors.
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. Our service is not available to children under the age of 13, and we will not intentionally maintain information about anyone under the age of 13.
Responsibility for Username and Password.
Upon registering, you will receive a password and username. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify Bravenet of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Bravenet cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
Responsibility for Content.
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Bravenet, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Products and Services. Bravenet does not control user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. Under no circumstances will Bravenet be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. Bravenet does not, as a general practice, pre-screen user or third party Content posted on the Products and Services, although Bravenet reserves the right to do so.
Personal and Business Accounts.
Bravenet may, from time to time designate certain account types or packages as for business or commercial purposes (a â€œBusiness Accountâ€) or for non-commercial, personal use (a â€œPersonal Accountâ€). You may only use the Products and Services through a Personal Account for personal, non-commercial purposes. In the event you wish to use the Products and Services for a commercial or business purpose, you must use a Business Account, or such other account as is designated by Bravenet. The determination as to whether or not a particular use is for personal, non-commercial purposes shall be in Bravenetâ€™s sole discretion.
Disclaimer of Warranty.
Bravenet Web Services Inc. disclaims all warranties or representations, express or implied, oral or written, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement. Bravenet Web Services Inc. does not warrant that its services are error-free or that they will operate without interruption nor does Bravenet Web Services Inc. make any warranty with respect to the quality, reliability, timeliness or security of the Products and Services (including the existence or non-existence of any viruses or other destructive elements within the Products and Services).Bravenet makes no guarantee as to the availability of Products and Services and is not responsible for any loss of information resulting from deletion of Products and Services, network or system outages, file corruption, or any other reasons.
Service Limitations.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. You may not use the Products and Services to, or associate the Products and Services with any Content or activities that:

(a) Upload, post or otherwise transmit any Content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age;

(c) Harm minors in any way;

(d) Associate Bravenet and any Products and Services with any adult material of any sort. This includes, but is not limited to, such things as nudity, any site, page, image or service requiring any adult verification service, anything that users to be 18 or older to view or join or access, and any text, image or likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort. Without limiting the foregoing, you may not use the Products and Services to store, use, contain or display pornography, adult novelties, adult toys, XXX material, escort services, Gorean, bondage, BDSM, bigotry, racism, hatred, profanity, or any material which may be insulting to another person(s) or entity;

(e) Associate Bravenet and any Products and Services with any childlove site, material, content or activities;

(f) Associate Bravenet and any Products and Services with any site, material, content or activities that promote anorexia or any other eating disorders;

(g) Impersonate any person or entity, including, but not limited to, a Bravenet official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(h) Sell, distribute, or make any commercial use of data obtained from any Products and Services or make any other use of such data in a manner which could be expected to offend the person for whom the data is relevant;

(i) Create and maintain a Bravenet web page that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages;

(j) Create, maintain or operate an escrow service, High Yield Investment Program ("HYIP") or similar services and activities;

(k) Use the Products and Services to hyperlink to content not permitted on the Bravenet Network;

(l) Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;

(m) Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market;

(n) Disobey any Bravenet employee or representative or interfere with any action by any Bravenet employee or representative to redress any violation of these Terms of Service;

(o) Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Bravenet database, including, without limitation, by incorporating data from any Products and Services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;

(p) Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including email, transmitted through the Products and Services;

(q) Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

(r) Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
1. Making available copyrighted software or other Content that has had the copyright protection removed.
2. Making available serial numbers for software that can be used to illegally validate or register software.
3. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
4. Making available any software files for which the user does not own the copyright or have the legal right to make available;
(s) Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

(t) Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Bravenet or the party from whom such software may be licensed.

(u) Upload, post or otherwise transmit or provide links to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(v) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of any Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(w) Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;

(x) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any Securities and Exchange Commission or similar body, and any regulations having the force of law.

(y) "Stalk" or otherwise harass another;

(z) Collect or store personal data about other users;

(aa) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;

(bb) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
Bravenet Code Usage Limitations
The Products and Services and Bravenet code provided for use by Members are, and remain, copyrighted material/property of Bravenet. Bravenet grants you a limited license to modify our service codes in 5 specific ways:
1. You may modify the text and color displayed in the service to match those of your web pages.
2. You may modify images appearing in the service, where applicable.
3. You may modify the dimensions (height and width) that services are displayed in, as long as the service remains visible.
4. You may modify the buttons provided by Bravenet that link to the services, in order to match your site.
5. You may replace the buttons provided by Bravenet that link to the services, in order to match your site, as long as each button conforms to the usage guidelines outlined in the Terms of Service.
You may not modify any other portion of the Products and Services and Bravenet code, including but not limited to advertising script, service copy/paste codes or any other Bravenet code, in any manner, for any reason whatsoever.
Account Termination.
Use of the Products and Services is subject to compliance with these Terms of Service. You acknowledge and agree that Bravenet may terminate your account and your access to any of the Products and Services, and may remove and discard any Content, without prior notice, should you fail to comply with the Terms of Service or any other guidelines and rules published by Bravenet. Any such termination shall be in Bravenet's sole discretion and may occur without any notice. Bravenet further reserves the right to terminate any user's account or access to the Products and Services for any conduct that Bravenet, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Bravenet or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Bravenet further reserves the right to terminate any user's account if there is no evident activity for a period of 90 days. Bravenet further reserves the right to terminate any user's account and access to the Products and Services, and to remove and discard any Content, for any reason or for no reason at all, in Bravenet's sole discretion, without prior notice, or any notice.

In the event Bravenet terminates a user's account for violating the Terms of Service, or for inactivity, and that user is a paid member of Bravenet, that user's payment is not refundable.

All mailings sent to you by Bravenet.com are opt-in email activated and authorized by you either through subscription or as a mandatory component of your membership in Bravenet. All subscribed mailing lists have a link at the bottom to allow you to unsubscribe from that mailing list if you wish. Other mailings are mandatory and are conditional of your membership with Bravenet.com. If you report any of these mailings or service notification email, (which you have the control to turn off yourself), as Unsolicited Commercial Email, or SPAM, we reserve the right to terminate your Bravenet account.
Service and Member Account Upkeep.
As the Registered Owners of our services, Bravenet members are required to maintain their Registered Services and keep them within the guidelines set forth here in the Terms of Service. Failure to do so will result in Account Termination, at Bravenet's sole discretion.
Member Email lists.
(a) Members Update, Tips and Tricks, Freebies and Special Offers mailing lists

By registering a Bravenet account, you agree to subscribe to our Members Update, Tips and Tricks, Freebies and Special Offers mailing lists. These lists may contain third-party sponsorships. You may unsubscribe from these lists by removing your email address here: Unsubscribe .

(b) Mailing List Services

When you register to use our Mailing List Services, you must abide by all applicable legislation relating to the proper collection and use of email addresses. We will neither use, nor disclose the email addresses or personal information of your subscribers to any third party unless we are compelled by law or, in our sole discretion, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities.
Cookies.
Use of the Products and Services requires that you accept all cookies in order to activate special Web features and security mechanisms, and to enhance Web site performance. While your browser may allow you to "reject" cookies, the Products and Services may require that you accept all cookies in order for its features and security mechanisms to function fully. Deleting, removing or preventing Bravenet cookies from being properly written to your computer may result in adverse affects on your use of the Products and Services. A "cookie" is an electronic note created by a web site and stored on your computer. By using the Products and Services, you authorize Bravenet's use of cookies.
Limitation of Warranty.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BRAVENET DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BRAVENET DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. BRAVENET SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRAVENET DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. BRAVENET DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. BRAVENET DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. BRAVENET MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY PRODUCTS AND SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL BRAVENET OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BRAVENET OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO the PRODUCTS AND SERVICES OR TO BRAVENET. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT. WITH RESPECT TO PAID BRAVENET MEMBERS, BRAVENET'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID MEMBER'S MOST RECENT FEE PAYMENT.UNDER NO CIRCUMSTANCES SHALL BRAVENET OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

UNDER NO CIRCUMSTANCES WILL BRAVENET BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Indemnification.
By using the Products and Services you agree to indemnify Bravenet and its officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Products and Services, or from any person's use of any account or password you maintain with any of the Products and Services, regardless of whether such use is authorized by you. By using the Products and Services, you are hereby agreeing to release Bravenet and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
Governing Law.
This agreement shall be deemed to have been made in the Province of British Columbia, Canada and the validity, construction, interpretation and enforcement hereof and the rights of the parties hereto shall be determined under, governed by, and construed in accordance with the internal laws of the Province of British Columbia without regard to the principles of conflicts of laws. Each party is specifically prohibited from bringing any action arising from or related to this agreement other than in the Province of British Columbia unless the said action is for the purpose of enforcing a Judgment already obtained in the Province of British Columbia.
Bandwidth and Disk Usage.
Bravenet provides users with bandwidth, disk space and other resources, such as e-mail, database, and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in Bravenet's web pages describing the package of Products and Services purchased at the time of purchase. In some cases, Bravenet may choose not to establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Products and Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Bravenet reserves the right to suspend, discontinue or delete the accounts of users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the user's plan. You agree that such usage shall not exceed the amounts set by Bravenet for the Products and Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by Bravenet as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and user's active electronic mail services related solely to user's web hosting account(s) with Bravenet.

Hosting space is intended for normal use only, and is limited to web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, personal files or other data without limitation). You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

Bravenet will monitor your use of bandwidth, disk usage and other resources. Bravenet, in its sole discretion, shall have the right to take any corrective action if your utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Products and Services, removal or deletion of your web site, Content, electronic mail and e-mail services and/or other materials and services or termination of your account and of this Agreement, which actions may be taken in Bravenet's sole and absolute discretion. If Bravenet takes any such corrective action under this section, you shall not be entitled to a refund or credit of any fees paid prior to such action.

For greater certainty, you may only use your Bravenet account to create web sites for your own personal use, or for a single business. If you wish to create web sites for more than one business, or individual, each business or individual must have a separate account.

You agree to comply with all applicable laws, rules and regulations regarding your Web site, user Content and/or your electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes.

You are responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure your web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement.
Usage of Bravenet Servers.
Bravenet servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; credit card numbers; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. For greater certainty, you are prohibited from using the Services to collect and/or store credit card information and similar data from third parties.
Bravenet Network Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
CPU Usage.
Bravenet Members shall not use excessive amounts of CPU processing on any of Bravenet's servers. Any violation of this policy may result in corrective action by Bravenet, including assessment of additional charges, disconnection or discontinuance of any and all Products and Services, termination of this Agreement, as well as the deletion of any Content, which actions may be taken in Bravenet's sole and absolute discretion. If Bravenet takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.
Icons.
Open source, Creative Commons and Public Domain icons courtesy of famfamfam.com , FatCow and Tango .
Webmail.
Roundcube Webmail is released under the GNU General Public License version 3 or any later version with exceptions for skins and plugins. More details about licensing and the exceptions for skins and plug-ins .
Bandwidth and Disk Usage.
With Bravenet.com Web Tools, bandwidth limits are calculated on a recurring 30 days basis. Bandwidth cannot be combined with multiple packages. Bandwidth and disk usage shall not exceed the number of megabytes per day for the Services ordered and purchased by the Member. Bravenet will monitor each Member's bandwidth and disk usage. Bravenet shall have the right to take corrective action if any Member's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Bravenet's sole and absolute discretion. If Bravenet takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.

Bandwidth limits for accounts are structured around a monthly total, but metered on a daily basis to ensure that server resources are equally available to all accounts. Accounts using all of, or more than, their alotted daily bandwidth will be temporarily suspended until 12:01am PST the following day. Daily bandwidth metering begins at 12:01am PST and ends at 11:59pm PST. Bandwidth limits are a combination of both HTTP and FTP traffic.
Purchase Policy.
Web Tools Service Payments:
If you are purchasing one of our various Web Tools we will accept VISA and Mastercard payments and payments made through the PayPal service. Your service(s) will be automatically activated within your account when purchasing using these methods.

We also accept International Money Orders and Checks made out to Bravenet Web Services, in US Dollars only. Services purchased through these 2 methods will be activated in your member account once payment has been received and successfully processed.

Please Note: The category above does NOT include Web Hosting payments.

Hosting and Domains Payments:
If you are purchasing one of our Web Site Hosting or Domain services, we will accept VISA and Mastercard payments and payments made through the PayPal service. Your service(s) will be automatically activated within your account when purchasing using these methods.

IMPORTANT NOTE: All prices quoted on the Bravenet Web Services web site are in US dollars.
Refund Policies
Hosting and Pro services are refundable up to 30 days from the date of purchase. Contact Support and include a copy of your purchase receipt, within 30 days of the date of purchase and we will provide a full or partial refund of your payment, if applicable.

We do not provide refunds for Domain registrations, renewals, transfers, or redemption fees.

UNDER NO CIRCUMSTANCES WILL BRAVENET BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.

Bravenet reserves the right to amend or change these Rules and Regulations at any time and without prior notice.

If you notice a Bravenet Member breaking any of the rules, please notify us via the Support Center:

http://support.bravenet.com

Please follow the rules... and enjoy Bravenet's Web Services!

return to top »

REGISTRANT AGREEMENT WITH BRAVENET WEB SERVICES INC. -Domain Names

Domain Names: Version 1.0 June 26, 2003

Definitions:

Domain: - is a term used to describe a name given which is used to map easily remembered words into Internet addresseses (IP addresses) used in the Internet.
ICANN: - Internet Corporation for Assigned Names and Numbers is the organization responsible for the IP address space allocation, protocol parameter assignment, domain name system management, and root server system management functions previously performed under U.S. Government contract by IANA and other entities.
Bravenet: - Bravenet Web Services, Inc. is a Canadian incorporated company supplying Domain Registration Services.
Registrar: - refers to Bravenet
Registrant: - refers to the individual or organization for whom the domain is intended to be used.
Agent or Applicant: - refers to any individual or organization applying to the registrar for the registration of a domain on behalf of another individual or organization.
"you" or "your": - terms that apply to both the agent and registrant.
"we", "our" or "us": - terms that apply to Bravenet

Introduction:

The following sections are the agreement for service between the applicant to register an Internet domain name (the registrant) and Bravenet Web Services Inc.(the registrar). An agent acting as a third party must inform the applicant of their obligations under this agreement. The spirit of this agreement is that we are acting as registrar for the you, you are acting in good faith, the domain shall remain the property of the registrar until all fees are paid in full and you agree that you will cover all any any costs of any action taken as a result of this registration. In addition to this agreement which contains mandatory clauses from the Internet Corporation for Assigned Names and Numbers (ICANN), you will be expected to agree to the Uniform Domain Name Dispute Resolution Policy as approved by ICANN on October 24, 1999. Your application for a domain using our services constitutes acceptance of this agreement on your part.

Applicable Laws:

The laws of British Columbia, Canada shall be in effect for purposes of this agreement and any services provided by us to you.

Term of Service:

Unless otherwise specified the term of the agreement for service is for as long as you hold any domain name or any service with Bravenet, unless terminated by other party. The terms of this service apply to all domains names registered with Bravenet, and any services.

Fees and Payment:

All fees are payable immediately upon submission of an application or other request for service. Initial domain name registrations, and domain name registrations that have passed the registration agreement's anniversary date, must be in a paid status to transfer, delete, modify, or otherwise to request Bravenet to affect the domain name record or to provide domain name services. Domain name registrations in an unpaid status are routinely deleted on a regular basis. The ownership of the domain shall remain with the registrar until such times as all fees are paid in full.

Rights:

As part of the registration process you state you have the legal right to apply for domain either for your own use or the use of a third party for whom you are acting as agent and agree that the application for or granting of a domain does not confer any additional rights than you currently have for that domain.

You further agree to hold us harmless from any action taken against you, ICANN and/or us as a result of your application.

Additionally you agree that this agreement does not confer any protection from objection to the registration or use of this domain.

Please visit the following link for information about your rights and responsibilities under the 2009 Registrar Accreditation Agreement: http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities

Remedy:

Should we be unable to supply services to you, our sole obligation is to return any applicable fees to you.

Information:

You agree that you have the right or acquired the right to provide us with the information reguired on the application. You warrant that the information is accurate as required in the application process. You further agree to update the information as required.

We will protect the supplied information according to our privacy policy. We will not be responsible for loss of information as a result of acts of unauthorized persons or by use of your systems or services.

Changes to Agreement:

We reserve the right to modify this agreement from time to time or changes the services provided at any time. Continued use of our services after such changes will constitute you acceptance of the new agreement.

Breach:

If you should breach this agreement, we reserve the right to terminate the agreement. Any outstanding fees remain payable. Our obligation to you will terminate upon notification to you by electronic mail, postal mail or phone.

Liability:

We shall not be responsible for any damages whatsoever, either direct or indirect, special or consequntial damages resulting from the use of our services or our failure to provide services through access delays, or interruptions, non delivery or misdirected delivery of data, acts of God, acts of unauthorized person, misuse of your account or password or the use or misuse of your domain or systems.

Indemnity:

When action is taken against us by a third party related to a domain submitted by you, you agree to provide written assurance to us that you will pay all costs including reasonable attorney fees and other costs required to defend ourselves.

Disclaimer of Warranty:

We do not warranty under any circumstances expressed or implied, that our services will meet your requirements, that our service will be uninterrupted, secure, timely or free from errors. Retrieval of information to your systems as part of our services is done solely at your risk. Nothing we say or do will constitute a warranty of any type.

Additional Registry Requirements:

listed below are additional contractual requirements that you, the registrant, must agree to should you desire to register a domain name in these registries.

In addition to the terms set forth above, the following terms shall apply to registrants of .nu, .tv, .cc, .bz, and .ws domain names. Your registration of a domain name in the .NU, .TV, .CC, .BZ, or .WS top-level domain ("New TLD Domain Name"), is subject to policies established or revised from time to time by the registry for such New TLD Domain Name ("New TLD Registry"), in its capacity as the registry for its respective Top Level Domain. Each respective New TLD Registry's current policies ("New TLD Registry Policies") are available for you to review at each New TLD's respective website. You agree to be bound by and comply with the applicable New TLD Registry Policies, including amendments and modifications thereto, with respect to your New TLD Domain Name registration. Such policies shall not alter the terms and conditions of this Agreement. To the extent there is a conflict between the New TLD Registry policies and the terms of this Agreement, the terms of this Service Agreement shall prevail. You agree that the New TLD Registry has the right to enforce the New TLD Registry Policies.

If you are registering a .info domain name you also agree to:

consent to the use, copying, distribution, publication, modification, and other processing of Registered Domain Name Holder's Personal Data by Afilias, the .INFO Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract.
submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification.
immediately correct and update the registration information for the Registered Name during registration term for the Registered Name, failure to correct this information shall constitute a breach of this Agreement.
acknowledge that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
Registrar and Afilias, the registry operator for .INFO, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and Afilias also reserve the right to freeze a domain name during resolution of a dispute.
If you are registering a .biz domain name you also agree to:

BIZ RESTRICTIONS:

Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

To exchange goods, services, or property of any kind;
In the ordinary course of trade or business; or
To facilitate:

the exchange of goods, services, information, or property of any kind; or,
the ordinary course of trade or business.Registering a domain name solely for the purposes of

selling, trading or leasing the domain name for compensation, or
the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a"bona fide business or commercial use" of that domain name.

BIZ CERTIFICATION:

As a .biz domain name registrant, you hereby certify to the best of your knowledge that: The registered domain name will be used primarily for bona fide business or commercial purposes and not

exclusively for personal use; or
solely for the purposes of

selling, trading or leasing the domain name for compensation, or
the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html

The domain name registrant has the authority to enter into the registration agreement; and
the registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.

PROVISION OF REGISTRATION DATA.

Provision of Registration Data. As part of the registration process, you are required to Provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:

your full name, postal address, e-mail address, voice telephone number, and fax number if available;
the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name;
the corresponding names of those nameservers;
the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement.

Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.

DOMAIN NAME DISPUTE POLICY:

If you reserved or registered a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and
The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.

The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.

The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

DOMAIN NAME DISPUTE POLICY MODIFICATIONS:

You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

DOMAIN NAME DISPUTES:

You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until:

we are directed to do so by the judicial or administrative body, or
we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.

RESERVATION OF RIGHTS:

Bravenet Web Services, Inc. and the .biz Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Bravenet Web Services, Inc. and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Bravenet Web Services, Inc. and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

If you are registering a .name domain name you also agree to:

DEFENSIVE REGISTRATIONS:

Defensive Registrations allow owners of nationally registered marks to exclusively pre-register on the .name space and create a protective barrier for their trademarks. A "Defensive Registration" is a registration granted to a third party of a specific string on the second or third level, or of a specific set of strings on the second and third levels, which will not resolve within the domain name system but may prevent the registration of the same string(s) on the same level(s) by other third party applicants.

PHASES OF DEFENSIVE REGISTRATIONS:

As a Defensive Registration Registrant ("Defensive Registrant"), you hereby certify to the best of your knowledge that for Phase I Defensive Registrations ("Phase I Defensive Registrants"), you own valid and enforceable trademark or service mark registrations having national effect that issued prior to April 16, 2001 for strings that are identical to the textual or word elements, using ASCII characters only, subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD. You understand that trademark or service mark registrations from the supplemental or equivalent Registry of any country, or from individual states or provinces of a nation, will not be accepted. Subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD, if a trademark or service mark registration incorporates design elements, the ASCII character portion of that mark may qualify to be a Phase I Defensive Registration.
Phase II Defensive Registrants may apply for a Defensive Registration for any string or combination of strings.
Defensive Registrants, whether Phase I or Phase II shall comply with the following Eligibility Requirements, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm, the summary of which is as follows:

There are two levels of Defensive Registrations, each of which is subject to payment of a separate fee;
Multiple persons or entities may obtain identical or overlapping Defensive Registrations upon payment by each of a separate registration fee;
The Defensive Registrant must provide the information requested in Section 3(a) below;
A Defensive Registration will not be granted if it conflicts with a then-existing Personal Name Registration or other reserved word or string.

PROVISION OF REGISTRATION DATA:

As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. You must provide contact information, including name, email address, postal address and telephone number, for use in disputes relating to the Defensive Registration. You understand and agree that this contact information will be provided as part of the Whois record for the Defensive Registration. You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.
In addition to the information provided in subsection (a) above, Phase I Defensive Registrants must also provide (1) the name, in ASCII characters, of the trademark or service mark being registered; (2) the date the registration issued; (3) the country of registration; and (4) the registration number or other comparable identifier used by the registration authority (c) You hereby represent and warrant the data provided in the registration application is true, correct, up-to-date and complete and that you will continue to keep all of the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five (5) calendar days to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the publicly available Whois directory with respect to a Defensive Registration(s) concerning the accuracy of contact details associated with any such Defensive Registration(s) registered by or through you or your account shall constitute a breach of this Agreement.

DOMAIN NAME DISPUTE POLICY:

If you registered a Defensive Registration, you agree that:

the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy ("ERDRP"); (ii) if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and (iii) if a challenge is successful, then the Defensive Registration will be subject to the procedures described in Section 2(h) of Appendix L to the agreement of Global Name Registry ("Registry Operator") with the Internet Corporation for Assigned Names and Numbers ("ICANN"), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.

You further agree that if a Phase I Defensive Registration is successfully challenged on the basis that it did not meet the applicable Eligibility Requirements, the Defensive Registrant will thereafter be required to demonstrate, at its expense, that it meets the Eligibility Requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .name through any Registrar. In the event that the Defensive Registrant is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s) will be cancelled.
The ERDRP applies to, among other things, challenges to Defensive Registrations within .name and is available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.

DEFENSIVE REGISTRATION DISPUTE POLICY MODIFICATIONS:

You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the Defensive Registration after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

DEFENSIVE REGISTRATIONS DISPUTES:

You agree that, if your Defensive Registration is challenged by a third party, you will be subject to the provisions specified in our Defensive Registration dispute policy in effect at the time of the dispute. You agree that in the event a Defensive Registration dispute arises with any third party, you will indemnify and hold Bravenet Web Services, Inc. harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your Defensive Registration, you agree not to make any changes to your Defensive Registration record without our prior approval. We may not allow you to make changes to such Defensive Registration record until:

we are directed to do so by the judicial or administrative body, or
we receive noti

CONSENT:

Defensive Registrants may be asked to give their consent to allow individuals to share a part of their space. For example, if you have filed a Defensive Registration on PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give consent to John Pqr to register JOHN.PQR.name if he can prove that PQR is his name. In such a circumstance, you will have five (5) days to respond to a request for consent.

.name REGISTRATION RESTRICTIONS:

Registrations in the .name TLD must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

.name CERTIFICATIONS:

As a .name domain name Registrant, you hereby certify to the best of your knowledge that:

You have the authority to enter into this Agreement; and
The registered domain name or second level domain ("SLD") email address is your Personal Name.

PROVISION OF REGISTRATION DATAL:

As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes the information contained in the Whois directory, including:
1. your full name and postal address, email address, voice telephone number, and fax number, if available;
2. the IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name;
3. the full name, postal address, email address, voice telephone number, and fax number, if available, of the technical contact for the domain name;
4. the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name;
5. the name, postal address, email address, voice telephone number, and fax number, if available, of the billing contact for the domain name. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by Internet Corporation for Assigned Names and Numbers ("ICANN")/Registry Policy. You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.
You hereby represent and warrant the data provided in the registration application is true, correct, up-to-date and complete and that you will continue to keep all of the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or an ICANN/Registry Policy.

DOMAIN NAME DISPUTE POLICY:

If you reserved or registered a .name domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

the Eligibility Requirements (the "Eligibility Requirements"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm; and the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.

The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the landrush procedures in connection with the opening of the Registry TLD. The following categories of Personal Name Registrations may be registered:

the Personal Name of an individual;
the Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name;
in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names.

The ERDRP applies to challenges to:

registered domain names and SLD email address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and
to Defensive Registrations within .name.

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than Global Name Registry ("Registry Operator") or Registrar over the registration and use of an Internet domain name registered by a Registrant.

DOMAIN NAME DISPUTE POLICY MODIFICATIONS:

You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name or SLD email address after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

DOMAIN NAME DISPUTES:

You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold Bravenet harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until:

we are directed to do so by the judicial or administrative body, or
we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the Registry of the judicial body by supplying a party with a Registrar certificate from us.

EMAIL FORWARDING:

The service for which you have registered may, at your option, include Email Forwarding. To the extent you opt to use Email Forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of Email Forwarding, including the content of messages sent through Email Forwarding.
You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage. This includes, but is not limited to the Acceptable Use Policy, as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use Email Forwarding:

to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;
to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;
to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or
for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using Email Forwarding.

Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator's Email Forwarding. However, due to the nature of such systems, which actively block messages, Registry Operator shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or Bravenet Web Services, Inc. to give feedback on the decision.
You understand and agree that Registry Operator may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of Email Forwarding. You further understand and agree that Registry Operator is at liberty to block your access to Email Forwarding if you use Email Forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the Email Forwarding unless it would damage the reputation of Registry Operator or jeopardize the security of Registry Operator or others to do so. Registry Operator reserves the right to immediately discontinue Email Forwarding without notice if the technical stability of Email Forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing Email Forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.
You understand and agree that to the extent Registry Operator is required by law to disclose certain information or material in connection with your Email Forwarding, Registry Operator will do so in accordance with such requirement and without notice to you.

RESERVATION OF RIGHTS:

Bravenet Web Services, Inc. and Registry Operator Operator, expressly reserve the right to deny, cancel or transfer any Defensive Registration that it deems necessary, in its discretion, to protect the integrity and stability of the Registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Bravenet Web Services, Inc. and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees. Bravenet Web Services, Inc. and Registry Operator also reserve the right to freeze a Defensive Registration during a resolution of a dispute.

LIMITATION OF LIABILITY:

You agree that Registry Operator will have no liability of any kind for any loss or liability resulting from:

the processing of Defensive Registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a Registered Name or SLD email address registration using these processes; or
any dispute over any .name domain name, SLD email address, Defensive Registration or NameWatch Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

INDEMNIFICATION:

You agree to indemnify, defend and hold harmless Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your registration. This indemnification obligation will survive the termination or expiration of this Agreement.

COMPLIANCE WITH TERMS AND CONDITIONS:

Registrar shall comply with the following:

ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or under any other arrangement with ICANN; and
operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner and applicable to all Registrars, including affiliates of Registry Operator, and consistent with ICANN's standards, policies, procedures, and practices and Registry Operator's Registry Agreement with ICANN. Among Registry Operator's operational standards, policies, procedures, and practices are those set forth in Exhibit E of the Registry-Registrar Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm. Additional or revised Registry Operator operational standards, policies, procedures, and practices for the Registry TLD shall be effective upon thirty (30) days notice by Registry Operator to Registrar.

If you are registering a .us domain name you also agree to:

Representations and Warranties:

You represent and certify 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 any third party,
you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder,
you have and shall continue to have a lawful bona fide U.S. Nexus as defined in the "usTLD Nexus Requirements" ,
you are of legal age to enter into this Agreement, and
you agree to comply with all applicable laws, regulations and policies of Bravenet Web Services, Inc, and the usTLD Administrator.

Provision of Registration Data:

As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:

the Registered Name;
the names of the primary nameserver and secondary nameserver(s) for the Registered Name;
your name and postal address;
the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name;
the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name;
the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the Registered Name;
any remark concerning the registered domain name that should appear in the Whois directory; and
any other data NeuStar, as the Registry, requires be submitted to it, including specifically information regarding the primary purpose for which a domain name is registered (e.g., business, education, etc.). You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory pursuant to the DoC/Registry Policy. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the Department of Commerce Contract with the Registry or any USTLD Administrator/DoC Policy.

Inaccurate or Unreliable Data:

You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement.

Government Use of Data:

You understand and agree that the U.S. Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.

Licensing of a Domain Name:

If you intend to license use of a domain name to a third party, you nonetheless are the registrant of record and are responsible for providing full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you reasonable evidence of actionable harm

Domain Name Dispute Policy:

If you reserved or registered a .us domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the usTLD Administrator as documented on its website, www.neustar.us, as they may be amended from time to time, and which are hereby incorporated and made an integral part of this Agreement. View the Domain Name Dispute Policy.

Domain Name Dispute Policy Modifications:

Domain Name Disputes:

You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute, including Registry policies incorporated by reference. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until:

we are directed to do so by the judicial or administrative body, or
we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.

Jurisdiction:

For the adjudication of disputes concerning or arising from use of the domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, and 2) the Commonwealth of Massachusetts.

Suspension, Cancellation or Transfer:

You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any usTLD Administrator adopted specification or policy, or pursuant to any registrar or usTLD Administrator procedure not inconsistent with a usTLD Administrator adopted specification or policy, (1) to correct mistakes by Registrar or the usTLD Administrator in registering the name or (2) for the resolution of disputes concerning the domain name.

Indemnification:

The Registrant shall indemnify and hold harmless the Bravenet Web Services, Inc. and the usTLD Administrator and their directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant's:

domain name registration and
use of any of a domain name.

Reservation by usTLD Administrator:

Bravenet Web Services, Inc. and usTLD Administrator reserve the right to deny, cancel or transfer any registration that they deem necessary, in their discretion, (1) to protect the integrity and stability of the registry, (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of usTLD Administrator or Bravenet Web Services, Inc., as well as their affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by usTLD Administrator or any registrar in connection with a domain name registration. usTLD Administrator and Bravenet Web Services, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

Domain Registration Payment Refunds:

Payments made for domain registrations or transfers cannot be refunded. When a domain is purchased in conjunction with a Bravenet hosting package, the domain registration fees are non-refundable. Domain transfers are non-refundable.

return to top »

Terms of Use

BRAVENET GENERAL TERMS OF SERVICE

REGISTRANT AGREEMENT WITH BRAVENET WEB SERVICES INC. -Domain Names