| GOOD
LUCK DOMAINS SERVICE AGREEMENT
Effective as of: September 1, 2006
1. AGREEMENT. In this Service Agreement ("Agreement") "you" and "your" refer to each customer, “Goodluck Domains”, "we", us" and "our" refer to Goodluck Domains and "Services" refers to the domain name registration, email, hosting or any related services provided by us as offered through Goodluck Domains, the Registration Service Provider ("RSP"). This Agreement and the schedules and appendices hereto (which form an integral part of this Agreement) explain our obligations to you, and explain your obligations to us for various Services
2. SELECTION OF A DOMAIN
NAME. You represent that, to the best of your knowledge
and belief, neither the registration of the domain name
you desire to have registered, or renewed or maintain
registration for (the "Domain Name") nor the manner
in which it is directly or indirectly used infringes
the legal rights of a third party and that the Domain
Name is not being registered for any unlawful purpose.
3. FEES. As consideration
for the services you have selected, you agree to pay
to us the applicable service(s) fees. All fees payable
hereunder are non-refundable. As further consideration
for the Services, you agree to: (1) provide certain
current, complete and accurate information about you
as required by the registration process and (2) maintain
and update this information as needed to keep it current,
complete and accurate. All such information shall be
referred to as account information ("Account Information").
You, by accepting this Agreement represent that the
statements in your application are true.
4. TERM. You agree
that this Agreement will remain in full force during
the length of the term of your Domain Name Registration.
Should you choose to renew or otherwise lengthen the
term of your Domain Name Registration, then the term
of this Service Agreement will be extended accordingly.
Subject to earlier termination as provided by this Agreement,
this Agreement will remain in full force during the
length of the term of your Domain Name Registration
as selected, recorded, and paid for upon registration
of the Domain Name.
5. MODIFICATIONS TO
AGREEMENT. You agree, during the period of this
Agreement, that we may: (1) revise the terms and conditions
of this Agreement; and (2) change the services provided
under this Agreement. Any such revision or change will
be binding and effective immediately on posting of the
revised Agreement or change to the service(s) on our
web site, or on notification to you by e-mail or regular
mail as per the Notices section of this agreement. You
agree to review our web site, including the Agreement,
periodically to be aware of any such revisions. If you
do not agree with any revision to the Agreement, you
may terminate this Agreement at any time by providing
us with notice by e-mail or regular mail as per the
Notices section of this agreement. Notice of your termination
will be effective on receipt and processing by us. Any
fees paid by you if you terminate this Agreement are
non-refundable except if we expressly advise you to
the contrary in a schedule or appendix to this Agreement.
You agree that, by continuing to use the Services following
notice of any revision to this Agreement or change in
service(s), you shall abide by any such revisions or
changes. You further agree to be bound by and comply
with the Registration Rules and Policies and Dispute
Resolution Rules and Policies of the registry for the
top level domain ("TLD Registry") and/or the registry
of the second level domain ("SLD Registry") you seek
to register within, as such policies may be amended
or modified from time to time. To the extent of conflict
between this agreement and the rules and policies of
the TLD Registry or SLD Registry, this agreement shall
prevail. You agree that the TLD Registry, and SLD Registry
(if applicable) has the right to enforce its rules and
policies.
6. MODIFICATIONS TO
YOUR ACCOUNT. In order to change any of your account
information with us, you must use your Account Identifier
and Password that are assigned when you opened your
account with us. Please safeguard your Account Identifier
and Password from any unauthorized use. You are solely
responsible for maintaining the confidentiality of your
login name, account number or password. You must immediately
notify us of any unauthorized use of your Account Identifier
and/or Password and you are responsible for any unauthorized
activities, charges and/or liabilities made on or through
your Account Identifier and/or Password. In no event
will we be liable for the unauthorized use or misuse
of your Account Identifier and/or Password or security
authentication option.
7. DOMAIN NAME DISPUTES.
You agree that you will be subject to the domain name
dispute provisions specified for each domain as outlined
in Appendix A. Further, in the event a domain name dispute
arises with any third party, you will indemnify and
hold us harmless absolutely.
8. DOMAIN TRANSFERS.
All domain transfers between registrars are governed
by either (1) ICANN's Inter-Registrar Transfer Policy,
which is currently available on ICANN's website at http://www.icann.org/transfers/,
or (2) the respective registry's transfer policy, where
applicable. You agree that in the case where you want
to transfer your domain to Good Luck Domains or from
Good Luck Domains to another Registrar, you will follow
our confirmation procedures to facilitate the transfer.The Goodluck Domains Transfer Policy may also be found online on our website.
9. REGISTRY POLICY.
You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer
pursuant to any policy adopted by us and by the governing
TLD Registry and any SLD Registry applicable to your
domain (1) to correct mistakes by the applicable Registrar
or the Registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
10. USE OF OUR SERVICE.
The following actions may result in the immediate termination
of your Service account without recourse and should
NOT be done: (1) sending unsolicited email messages
that contain ANY email or web addresses from your account
to online users, (2) posting messages that contain your
Service addresses in Usenet Newsgroups that are unrelated
to your product or service(s) forging your "From" Address
in an email message, or newsgroup posting, with your
Service addresses, giving the impression that the message
or posting originated from Good Luck Domains or its
affiliated sites. You agree to be bound by our Acceptable
Use Policy, as appended hereto, and as we may amend
from time to time in our discretion.
You agree to be bound by our Deletion, Auto-Renewal and Redemption Policy, and our Transfer Policy , and by any other policies as posted to the Goodluck Domains. In website.
In the event of
a charge back by a credit card company on any fees charged
by Good Luck Domains for the above services, the domain
name registration shall be transferred to Good Luck
Domains as the owner of the domain name. Good Luck Domains
may reinstate your domain name registration at its sole
discretion upon its receipt of the registration or renewal
fee and any current bank fees, or may cancel your registration.
If for any reason Good Luck Domains is unable to charge your payment method for the full amount owed Good Luck Domains for the Services provided, or if Good Luck Domains is charged a penalty for any fee it previously charged to the payment method, you agree that Good Luck Domains may pursue all available remedies in order to obtain payment. If you pay by credit card and if for any reason Good Luck Domains is unable to charge your credit card with the full amount of the services provided, or if Good Luck Domains is charged back for any fee it previously charged to the credit card you provided, you agree that Good Luck Domains may pursue all available remedies in order to obtain payment. You agree that among the remedies Good Luck Domains may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on your behalf. Good Luck Domains reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to you. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties you have elected to use as payment methods, including PayPal, and disputes that require legal services. These charges will be billed to the payment method we have on file for you.
You agree that you are solely liable for arranging that your Services are renewed, and that Good Luck Domains shall not be liable to you or any third party if it is unable to charge Your payment method in order to renew Your Services
11. AGENCY. Should
you intend to license use of a domain name to a third
party you shall nonetheless be the domain name holder
of record and are therefore responsible for providing
your own 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. You also represent
that you have provided notice of the terms and conditions
in this Agreement to the third party and that the third
party agrees to the terms of Disclosure and Use of Registration
Information (sections 20 of this Agreement).
12. YOUR AGENTS.
You agree that, if your agent, (e.g. your administrative
contact, Internet Service Provider, employee) purchased
our Service(s) on your behalf, you are nonetheless bound
as a principal by all terms and conditions herein, including
the domain name dispute policy. Your continued use of
our Services ratifies any unauthorized actions of your
agent. By using your Account Identifier and Password,
or otherwise purporting to act on your behalf, your
agent certifies that he or she is authorized to apply
for our Services on your behalf, that he or she is authorized
to bind you to the terms and conditions of this Agreement,
that he or she has apprised you of the terms and conditions
of this Agreement, and that he or she is otherwise authorized
to act on your behalf. In addition, you are responsible
for any errors made by your agent.
13. ANNOUNCEMENTS.
We reserve the right to distribute information to you
that is pertinent to the quality or operation of our
services and those of our service partners. These announcements
will be predominately informative in nature and may
include notices describing changes, upgrades, new products
or other information to add security or to enhance your
identity on the Internet.
14. LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive
remedy, with respect to any Service(s) provided under
this Agreement and/or for any breach of this Agreement
is solely limited to the amount you paid for such Service(s).
Good Luck Domains and its contractors shall not be liable
for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any
of the our services or for the cost of procurement of
substitute services. Because some provinces or countries
do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such provinces
or countries, our liability is limited to the extent
permitted by law. We disclaim any and all loss or liability
resulting from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery
or data mis-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from
the unauthorized use or misuse of your Customer Account
ID or Password; (5) loss or liability resulting from
errors, omissions, or misstatements in any and all information
or service(s) provided under this Agreement; (6) loss
or liability relating to the deletion of or failure
to store e-mail messages; (7) loss or liability resulting
from the development or interruption of your service
and/or Web site; (8) loss or liability that you may
incur in connection with our processing of your application
for our services, our processing of any authorized or
unauthorized modification to your domain name record,
or your agent's failure to pay any fees, including the
initial registration fee or renewal fee; or (9) loss
or liability as a result of the application of the dispute
resolution policy. You agree that we will not be liable
for any loss of registration and use of your domain
name, or for interruption of business, or 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 we have been advised of the possibility
of such damages. In no event shall our maximum liability
exceed two hundred and fifty (USD250.00) U.S. dollars.
15. INDEMNITY. You
agree to release, indemnify, defend and hold us, (and
the applicable registry for any TLD and/or SLD domain
in which you are applying for services hereunder, including
but not limited to VeriSign, Inc., Public Interest Registry,
Afilias Limited, NeuLevel, Inc., NeuStar, Inc., National
Internet Exchange of India,
Tralliance
)), our (and their) contractors,
agents, employees, officers, directors, shareholders
and affiliates harmless from all liabilities, claims
and expenses, including attorney's fees, of third parties
relating to or arising under this Agreement, the Services
provided hereunder or your use of the Services, including
without limitation infringement by you, or someone else
using the Service with your computer, of any intellectual
property or other proprietary right of any person or
entity, or from the violation of any of our operating
rules or policy relating to the service(s) provided.
When we are threatened with suit by a third party, we
may seek written assurances from you concerning your
promise to indemnify us; your failure to provide those
assurances may be considered by us to be a breach of
your Agreement and may result in deactivation of your
domain name. Your indemnity will survive termination
of this Agreement.
16. TRANSFER OF OWNERSHIP.
The person named as Owner/Registrant at the time the
controlling Account Identifier and Password are secured
shall be the owner of the domain name. You agree that
prior to transferring ownership of your domain name
to another person (the Transferee") you shall require
the Transferee to agree, in writing to be bound by all
the terms and conditions of this Agreement. Your domain
name will not be transferred until we receive such written
assurances or other reasonable assurance that the Transferee
has been bound by the contractual terms of this Agreement
(such reasonable assurance as determined by us in our
sole discretion) along with the applicable transfer
fee. If the Transferee fails to be bound in a reasonable
fashion (as determined by us in our sole discretion)
to the terms and conditions in this Agreement, any such
transfer will be null and void.
17. BREACH AND TERMINATION.
You agree that failure to abide by any provision of
this Agreement, any operating rule or policy, including
our Acceptable Use Policy, or the Dispute Resolution
Policy, or other Policies as posted on the Good Luck Domains website, as provided by the governing registry and outlined
in an appendix hereto, may be considered by us to be
a material breach and that we may provide a written
notice, describing the breach, to you. If within thirty
(30) calendar days of the date of such notice, you fail
to provide evidence, which is reasonably satisfactory
to us, that you have not breached your obligations under
the Agreement, then we may delete the registration or
reservation of your domain name and all other information
related to you on our Service. Any such breach by you
shall not be deemed to be excused simply because we
did not act earlier in response to that, or any other
breach by you. Your willful provision of inaccurate
or unreliable information, your willful failure to promptly
update information provided to us, or your failure to
respond for over fifteen (15) calendar days to inquiries
by us concerning the accuracy of contact details associated
with the your registration shall constitute a material
breach of this Agreement and be a basis for cancellation
of the domain name registration. Upon termination we
will cease charging your credit card, if applicable,
for any monthly service fees as of the expiration of
the monthly billing cycle in which the termination is
effective. Unless otherwise specified in writing by
us, you will not receive any refund for payments already
made by you as of the date of termination, and, you
may incur additional fees (in the case of a monthly
or annual subscription being paid over time). If termination
of this Agreement is due to your default hereunder,
you shall bear all costs of such termination, including
any reasonable costs we incur in closing your account.
You agree to pay any and all costs incurred by us in
enforcing your compliance with this Section. Upon termination,
you shall destroy any copy of the materials licensed
to you hereunder and referenced herein. In addition
to the terms set forth herein, certain services may
have additional terms regarding termination, which are
set forth in the applicable Schedule. In addition, if
you have purchased our Service(s), which are sold together
as part of a "bundled" package of services, any termination
relating to any part of such bundle will terminate all
of our Services included in such bundle. For instance,
any domain name registered with or maintained by us
under this Agreement as part of a package of Services
pertaining to that domain name will be cancelled and
may thereafter be available for registration by another
party. Upon the effective date of termination, we will
no longer provide the bundled Service(s) to you, any
licenses granted you shall immediately terminate, and
you shall cease using such Services immediately; provided,
however, that we may, in our sole discretion and subject
to your agreeing to be bound by the applicable agreement(s)
and to pay the applicable fees, allow you to convert
certain Services included in the bundled Services to
stand alone Services.
18. NO GUARANTY.
You agree that, by registration or reservation of your
chosen domain name, such registration or reservation
does not confer immunity from objection to the registration,
reservation, or use of the domain name.
19. DISCLAIMER OF WARRANTIES.
You agree that your use of our Services is solely at
your own risk. You agree that such Service(s) is provided
on an "as is", "as available" basis. We and our licensors
expressly disclaim all warranties of any kind, whether
express or implied, including but not limited to the
implied warranties of merchantability, fitness for a
particular purpose and non-infringement. We make no
warranty that the Services will meet your requirements,
or that the Service(s) will be uninterrupted, timely,
secure, or error free; nor do we make any warranty as
to the results that may be obtained from the use of
the Service(s) or as to the accuracy or reliability
of any information obtained through the Service or that
defects in the Service(s) will be corrected. You understand
and agree that any material and/or data downloaded or
otherwise obtained through the use of Service(s) is
done at your own discretion and risk and that you will
be solely responsible for any damage to your computer
system or loss of data that results from the download
of such material and/or data. We make no warranty regarding
any goods or services purchased or obtained through
the Service(s) or any transactions entered into through
the Service(s). No advice or information, whether oral
or written, obtained by you from us or through the Service(s)
shall create any warranty not expressly made herein.
20. INFORMATION.
As the Registrant/Contact of your domain, you are required
to provide us certain information and to update us promptly
as such information changes such that our records are
current, complete and accurate. You are obliged to provide
us the following information: (1) Your name and postal
address (or, if different, that of the domain name holder);
(2) The domain name being registered; (3) The name,
postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact
for the domain name. (4) The name, postal address, e-mail
address, and voice and fax (if available) telephone
numbers of the technical contact for the domain name.
(5) The name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the billing
contact for the domain name. Any other information which
we request from you at registration is voluntary. Any
voluntary information we request is collected such that
we can continue to improve the products and services
offered to you through us or your RSP. We do not guarantee
the security of your domain name registration records,
and you assume all risks that the security option you
select is compromised as a result of fraudulent, unauthorized
or illegal activity.
21. DISCLOSURE AND USE
OF REGISTRATION INFORMATION. You agree and acknowledge
that we will make domain name registration information
you provide available to the registry governing the
domain name being registered, to the registry Administrators,
and to other third parties as the registry, ICANN, and
applicable laws may require or permit. You further agree
and acknowledge that we may make publicly available,
or directly available to third party vendors, some,
or all, of the domain name registration information
you provide, for purposes of inspection (such as through
our WHOIS service) or other purposes as required or
permitted by the registry, ICANN and the applicable
laws. You hereby consent to any and all such disclosures
and use of, and guidelines, limits and restrictions
on disclosure or use of, information provided by you
in connection with the registration of a domain name
(including any updates to such information), whether
during or after the term of your registration of the
domain name. You hereby irrevocably waive any and all
claims and causes of action you may have arising from
such disclosure or use of your domain name registration
information by us. You may access your domain name registration
information in our possession to review, modify or update
such information, by accessing our domain management
service, or similar service, made available by us through
your RSP. We will not process data about any identified
or identifiable natural person that we obtain from you
in a way incompatible with the purposes and other limitations
which we describe in this Agreement. We will take reasonable
precautions to protect the information we obtain from
you from our loss, misuse, unauthorized access or disclosure,
alteration or destruction of that information.
22. RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to refuse
to register or reserve your chosen domain name or register
you for other Services within thirty (30) calendar days
from receipt of your payment for such services. In the
event we do not register or reserve your domain name
or register you for other Services, or we delete your
domain name or other Services within such thirty (30)
calendar day period, we agree to refund your applicable
fee(s). You agree that we shall not be liable to you
for loss or damages that may result from our refusal
to register, reserve, or delete your domain name or
register you for other Services.
23. OWNERSHIP. Except
as otherwise set forth herein, all right, title and
interest in and to all, (1) registered and unregistered
trademarks, service marks and logos; (2) patents, patent
applications, patentable ideas, inventions, and/or improvements;
(3) trade secrets, proprietary information, and know-how;
(4) all divisions, continuations, reissues, renewals,
and extensions thereof now existing or hereafter filed,
issued, or acquired; (5) registered and unregistered
copyrights including, without limitation, any forms,
images, audiovisual displays, text, software and (6)
all other intellectual property, proprietary rights
or other rights related to intangible property which
are used, developed, comprising, embodied in, or practiced
in connection with any of the Services identified herein
("Good Luck Domains Intellectual Property Rights") are
owned by Good Luck Domains or its licensors, and you
agree to make no claim of interest in or ownership of
any such Good Luck Domains Intellectual Property Rights.
You acknowledge that no title to the Good Luck Domains
Intellectual Property Rights is transferred to you,
and that you do not obtain any rights, express or implied,
in Good Luck Domains or its licensors' Services, other
than the rights expressly granted in this Agreement.
To the extent that you create any Derivative Work (any
work that is based upon one or more preexisting versions
of a work provided to you, such as an enhancement or
modification, revision, translation, abridgement, condensation,
expansion, collection, compilation or any other form
in which such preexisting works may be recast, transformed
or adapted) such Derivative Work shall be owned by Good
Luck Domains and all right, title and interest in and
to each such Derivative Work shall automatically vest
in Good Luck Domains. Good Luck Domains shall have no
obligation to grant you any right in any such Derivative
Work.
24. DOMAIN NAMES CONTAINING
SYMBOLS AND/OR NON-ENGLISH LANGUAGE LETTERS AND CHARACTERS
("Multilingual Domain Name" or "MDN"). Internet
standards and protocols for the use of MDNs, and for
the resolution and/or ASCII-based translation of such
names are subject to evolving technical standards. Modifications
to such standards may be made by us and by third parties
without notice to you. You assume all risks that such
changes may impair or prevent your ability to use the
MDN you have registered. You further understand and
agree that we may interrupt or deny MDN registration
services to you, temporarily or permanently, as a result
of such changes. You further assume all risks that the
Internet addressing system will not recognize an MDN
you have registered or otherwise will not enable such
MDN to function as an Internet address. We may, but
shall not be obligated to, make any and all modifications
to an MDN registration, including without limitation
changing the MDN's ASCII-based translation, that we
deem necessary or appropriate for the purpose of bringing
an MDN registration into conformance with evolving technical
standards. Such modifications may be made without notice
to you. In the event we elect to make such modifications,
you agree to hold us harmless from any claims, liabilities
or demands arising from such modifications. You specifically
acknowledge and agree that an MDN shall be considered
a domain name for purposes of the Domain Name Dispute
Policy and the provisions relating thereto in this Agreement.
Your registration may also be subject to cancellation
in the event we receive a formal written objection to
your registration from any legitimate authority, including
any government body and any trademark owner, and such
objection is not capable of being addressed by such
Domain Name Dispute Policy without cost to us and without
a complete indemnity of us by you.
25. SEVERABILITY.
You agree that the terms of this Agreement are severable.
If any term or provision is declared invalid or unenforceable,
that term or provision will be construed consistent
with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remaining
terms and provisions will remain in full force and effect.
26. NON-AGENCY.
Nothing contained in this Agreement shall be construed
as creating any agency, partnership, or other form of
joint enterprise between the parties.
27. NON-WAIVER.
Our failure to require performance by you of any provision
hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver
by us of a breach of any provision hereof be taken or
held to be a waiver of the provision itself.
28. NOTICES. Any
notice, direction or other communication given under
this Agreement shall be in writing and given by sending
it via e-mail or via regular mail. In the case of e-mail,
valid notice shall only have been deemed to have been
given when an electronic confirmation of delivery has
been obtained by the sender. In the case of e-mail notification
to us or to the RSP shall be sent to info@goodluckdomain.com
or, in the case of notice to you, to the e-mail address
provided by you in your WHOIS record. Any e-mail communication
shall be deemed to have been validly and effectively
given on the date of such communication, if such date
is a business day and such delivery was made prior to
4:00 p.m. EST, otherwise it will be deemed to have been
delivered on the next business day. In the case of regular
mail notice, valid notice shall be deemed to have been
validly and effectively given five (5) business days
after the date of mailing and, in the case of notification
to us or to the RSP shall be sent to:
Good Luck Domains Pvt.
Ltd.
Old no-167/New no-84, Kutchery Road,
First Floor, Mylapore, Chennai-600004, India
and in the case of notification
to you shall be to the address specified in the "Administrative
Contact" in your WHOIS record.
29. ENTIRETY. You
agree that this Agreement, the schedules and appendices
hereto, the rules and policies published by us, including
our Acceptable Use Policy, and the Dispute Policy,
and any other Policies as published on our website,
are
the complete and exclusive agreement between you and
us regarding our Services. This Agreement supersede
all prior agreements and understandings, whether established
by custom, practice, policy or precedent.
30. GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF INDIA APPLICABLE
THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE
OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST
BE BROUGHT IN CHENNAI, INDIA AND YOU IRREVOCABLY CONSENT
TO THE JURISDICTION OF SUCH COURTS. NOTWITHSTANDING
THE FOREGOING, FOR THE ADJUDICATION OF DISPUTES CONCERNING
OR ARISING FROM USE OF DOMAIN NAMES REGISTERED AT GOOD
LUCK DOMAINS, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL
SUBMIT, WITHOUT PREJUDICE TO OTHER POTENTIALLY APPLICABLE
JURISDICTIONS, TO THE JURISDICTION OF THE COURTS (1)
OF THE DOMAIN NAME REGISTRANT'S DOMICILE, AND (2) WHERE
GOOD LUCK DOMAINS IS LOCATED, CURRENTLY CHENNAI, INDIA.
31. INFANCY. You
attest that you are of legal age to enter into this
Agreement.
32. EXPORT RESTRICTIONS.
You acknowledge and agree that you shall not import,
export, or re-export directly or indirectly, any commodity,
including your products incorporating or using any Good
Luck Domains Services in violation of the laws and regulations
of any applicable jurisdiction.
33. U.S. GOVERNMENT
USERS. In the event any software is provided by
Good Luck Domains to a U.S. Government User, the software
and accompanying documentation which are used as part
of the Good Luck Domains Service are "commercial items",
as such terms are defined at 48 C.F.R. 2.101 (Oct 1995),
consisting of "commercial computer software" and "commercial
computer software documentation," as such terms are
used in 48 C.F.R. 12.212 (Sep 1995) and is provided
to the U.S. Government only as a commercial end item.
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (Jun 1995), all U.S. Government entities
acquiring the use of the Service and accompanying documentation
shall have only those rights set forth herein.
34. FORCE MAJEURE.
Neither party shall be deemed in default hereunder,
nor shall it hold the other party responsible for, any
cessation, interruption or delay in the performance
of its obligations hereunder due to earthquake, flood,
fire, storm, natural disaster, act of God, war, terrorism,
armed conflict, labor strike, lockout, or boycott, provided
that the party relying upon this section (i) shall have
given the other party written notice thereof promptly
and, in any event, within five (5) days of discovery
thereof and (ii) shall take all steps reasonably necessary
under the circumstances to mitigate the effects of the
force majeure event upon which such notice is based;
provided further, that in the event a force majeure
event described in this Section extends for a period
in excess of thirty (30) days in the aggregate, Good
Luck Domains may immediately terminate this Agreement.
35. SURVIVAL. In
the event this Agreement terminates as provided herein,
Sections 1, 2, 3, 4, 11, 13, 14, 15, 16, 17, 18, 19,
21, and 22 through 35 of this Agreement, and those schedules
and appendices and parts thereof which are specified
as surviving termination, shall survive such expiration
or termination.
36. ACCEPTANCE OF AGREEMENT.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT
RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
APPENDIX A
PROVISIONS APPLICABLE TO SPECIFIC DOMAINS
.COM/.NET/.ORG, .INFO,
.TV Domain Names
- You shall comply with
the Uniform Domain Name Dispute Resolution Policy
identified on ICANN's website (http://www.icann.org/udrp/udrp-policy-24oct99.htm),
until different policies and procedures are established
by ICANN for resolution of 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 Registry's
dispute policy in effect at the time of the dispute.
- You acknowledge that
for .INFO domains, the Registry Operator (Afilias
Limited) 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.
.BIZ Domain Names
- You shall comply with
the Uniform Domain Name Dispute Resolution Policy
(the "UDRP") identified on ICANN's website (http://www.icann.org/udrp/udrp-policy-24oct99.htm),
the Start-up Trademark Opposition Policy (the "STOP")
(http://www.neulevel.biz/ardp/docs/stop.html) and
the Restrictions Dispute
Resolution Policy (the "RDRP") (http://www.neulevel.biz/ardp/docs/rdrp.html)
identified on the Registry's website, until different
policies and procedures are established by ICANN and/or
the Registry for resolution of 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 Registry's
dispute policy in effect at the time of the dispute.
.NAME Domain Names
- You shall comply with
the Uniform Domain Name Dispute Resolution Policy
identified on ICANN's website (http://www.icann.org/udrp/udrp-policy-24oct99.htm)
and the Eligibility Requirements Dispute Resolution
Policy ("ERDRP") (http://www.name/corporate/downloads/erdrp.pdf)
identified on the Registry's website, until different
policies and procedures are established by ICANN and/or
the Registry for resolution of 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 Registry's
dispute policy in effect at the time of the dispute.
.FRN.CA Domain Names
- .FRN.CA registrants
must meet Canadian Presence Requirements as defined
by CIRA (Canadian Internet Registration Authority).
- All Domain Disputes
are subject to CIRA's domain dispute policies as amended
from time to time.
- Domains cannot begin
or end with a hyphen.
- Multilingual characters,
accented characters and symbols are supported - See
Appendix B.
- Domain name owners are
not permitted to sell or operate on behalf of a third
party sub-domains (e.g. subdomain.domainname.frn.ca).
This shall constitute a material breach of this Agreement
and be a basis for cancellation of the domain name
registration.
.BZ and .KR.COM Domain
Names
- Multilingual characters,
accented characters and symbols are supported - See
Appendix B.
- You shall comply with
the Uniform Domain Name Dispute Resolution Policy
identified on ICANN's website (http://www.icann.org/udrp/udrp-policy-24oct99.htm),
until different policies and procedures are established
by ICANN for resolution of 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 Registry's
dispute policy in effect at the time of the dispute.
- Domain name owners are
not permitted to sell or operate on behalf of a third
party sub-domains (e.g. subdomain.domainname.bz or
subdomain.domainname.kr.com). This shall constitute
a material breach of this Agreement and be a basis
for cancellation of the domain name registration.
APPENDIX B
MULTILINGUAL CHARACTERS AND SYMBOLS SUPPORTED
I. Primary Languages:
- Chinese (BIG5)
- Japanese (SHIFT-JIS)
- Chinese (GB2312)
- Korean (KSC5061)
- Japanese (EUC-JP)
II. Secondary Languages:
| IPA Extensions |
Latin
Extended Additional |
| Spacing
Modifier Letters |
Greek
Extended |
| Combining
Diacritical Marks |
Hindi |
| Greek |
Hiragana |
| Cyrillic |
Katakana |
| Armenian |
Bopomofo |
| Hebrew |
Hangul
Compatibility Jamo |
| Arabic |
Kanbun |
| Syriac |
Bopomofo
Extended |
| Thanna |
Enclosed
CJK Letters and Months |
| Devanagari |
CJK Compatibility |
| Bengali |
CJK Unified
Ideographs Extension A |
| Gurmukhi |
CJK Unified
Ideographs |
| Gujarati |
Yi Syllables |
| Oriya |
Yi Radicals |
| Tamil |
Hangul
Syllables |
| Telugu |
CJK Compatibility
Forms |
| Kannada |
Small
Form Variants |
| Malayalam |
Arabic
Presentation Forms-B |
| Sinhala |
Halfwidth
and Fullwidth Forms |
| Thai |
Specials |
| Lao |
Old Italic |
| Tibetan |
Gothic |
| Myanmar |
Deseret |
| Georgian |
Byzantine
Musical Symbols |
| Hangul
Jamo |
Musical
Symbols |
| Ethiopic |
Mathematical
Alphanumeric Symbols |
| Cherokee |
CJK Unified
Ideographs Extension B |
| Unified
Canadian Aboriginal Syllabic |
CJK Compatibility
Ideographs Supplement |
| Ogham |
Tags |
| Runic |
Finnish |
| Khmer |
French |
| Mongolian |
German |
| Spanish |
Swedish |
| Portuguese |
Norwegian |
| Russian |
|
III. Symbols:
- " $ "
- " & "
- " * "
- " ! "
- " ' "
- " + "
- " = "
- " ( "
- " ) "
- " [ "
- " ] "
- " , "
- " ^ "
IV. Euro Symbol:
- Yen Symbol
- British Pound Symbol
- US Cent Symbol
- Italian Lira
V. Restricted Symbols
(do not function for e-mail):
- " % "
- " @ "
- " ( "
- " ) "
- " [ "
- " ] "
- " { "
- " } "
- " < "
- " > "
- " : "
- " ; "
- " , "
- " " "
- " ' "
- " \ "
- " # "
APPENDIX C
ACCEPTABLE USE POLICY
Introduction
This Acceptable Use Policy
encourages the responsible use of Good Luck Domains
services and delineates the relatively narrow range
of uses of specified Good Luck Domains services that
are contrary to Good Luck Domains's mission, generally
because such uses either pose an unacceptable risk to
the stability, integrity, or quality of Good Luck Domains'
systems or the systems of its vendors, or harm (or threaten
to harm) the rights and interests of third parties.
Uses of the Good Luck Domains services described below
are prohibited.
E-mail Services
You are solely responsible
for the content of your transmissions through any e-mail
Service we provide. You agree to comply with all applicable
local, state, national and international laws and regulations
regarding e-mail communications and use. You agree:
(a) to comply with Indian, Canadian and U.S. law regarding
the transmission of technical data exported from India,
Canada and the United States through the e-mail Service;
(b) not to use the e-mail Service for illegal purposes;
and (c) not to interfere with or disrupt networks connected
to the e-mail Service. Without limiting the foregoing,
you agree we may terminate any e-mail account which
we believe, in our sole discretion, is transmitting
or is otherwise connected with any spam or other unsolicited
bulk e-mail. You agree not to transmit through the e-mail
Service any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature. You further agree not
to transmit any material that encourages conduct that
could constitute a criminal offense, gives rise to civil
liability or otherwise violates any applicable local,
state, national or international law or regulation.
Attempts to gain unauthorized access to other computer
systems are prohibited. You agree not to interfere with
another customer's use and enjoyment of the e-mail Service
or another entity's use and enjoyment of similar services.
You agree that Good Luck
Domains shall under no circumstances be held liable
on account of any action it takes, in good faith, to
restrict transmission of material that it or any user
of the e-mail service considers to be obscene, lewd,
lascivious, filthy, excessively violent, harassing,
or otherwise objectionable, whether or not such material
is constitutionally protected.
E-Commerce Services
You may not use any e-commerce
Services we provide for the activities listed below.
If you violate this provision, we may terminate this
Agreement, with or without notice to you, in which case
you will no longer be able to use any such Services.
You may not use our e-commerce Services (or any part
of the E-Commerce Services) to display or otherwise
use any material, content, software or information that
contains any of the following: (a) material that violates
local, state, federal, or international laws, rules,
regulations, or ordinances, including, but not limited
to, laws regarding the transmission of technical data
exported from the India; (b) any material that violates
or infringes in any way the rights, including copyrights,
trademark rights or other intellectual property rights,
of any party; (c) hate propaganda; (d) fraudulent material
or fraudulent activity; (e) any material that is threatening,
abusive, harassing, defamatory, invasive of privacy
or publicity rights, invasive of property rights (i.e.,
to gain unauthorized access), vulgar, obscene, profane,
indecent, or otherwise objectionable or inappropriate,
all as we may determine in our sole discretion; (f)
any material that promotes, encourages, or provides
instructional information about illegal activities,
criminal activities, or activities that would give rise
to civil liabilities; (g) any software, information,
or other material that contains or perpetuates a virus,
"Trojan Horse," corrupted data, a "denial of service"
situation, or other harmful effect; or (h) any means
to deliver unsolicited bulk email. You are solely responsible
for the content of your transmissions through our e-commerce
Services. You agree not to interfere with anyone's use
and enjoyment of our e-commerce Services. You agree
that we will under no circumstances be held liable on
account of any action we take to restrict transmission
of material that we or any user of our e-commerce Services
considers to be obscene, indecent, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise
objectionable, whether or not such material is constitutionally
protected. You agree that if we believe, in our sole
discretion, that your conduct or use of our e-commerce
Services violates the usage guidelines set forth above,
we may immediately terminate this Agreement (and/or
cease providing e-commerce Services or any component
thereof), without advance notice to you. You agree that
we shall not, under any circumstances, be held liable
for any actions taken in good faith to restrict or otherwise
prevent the transmission or use of material that we
or our other customers consider to be in violation of
these usage guidelines.
Websites from or Hosted
by Good Luck Domains
You may not use our Services
(or any component thereof) or our Web Site or any software
or service provided by us for the activities listed
below. In the event you violate this provision, this
Agreement will immediately be terminated and you will
no longer be able to use our Services (or any component
thereof), or our Web Site or any software or services
provided by us. You are solely responsible for the content
you furnish for inclusion in your Web Site. Good Luck
Domains cannot and does not design, review or screen
content you provide in your Web Site and does not assume
any obligation to monitor such content. However, you
agree that we may review your Web Site in responding
to a third party complaint or for any other reason.
You may not use our Services (or any component thereof),
or our Web Site or any software or service provided
by us to display or otherwise use any material, content,
software or information that contains any of the following:
(a) material that violates local, state, federal or
international laws; (b) any material that violates or
infringes in any way the rights, including copyrights,
trademark rights or other intellectual property rights
of any third party; (c) hate propaganda; (d) fraudulent
material or fraudulent activity; (e) any material that
is threatening, abusive, harassing, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane,
indecent, or otherwise objectionable or inappropriate,
all as determined by Good Luck Domains at its sole discretion;
(f) any material that promotes, encourages, or provides
instructional information about illegal activities;
(g) any software, information, or other material that
contains a virus, "Trojan Horse," corrupted data; or
(h) any software or information to promote or utilize
software or any of Good Luck Domains Services to deliver
unsolicited e-mail.
You understand that we
reserve the right to conclude that your Web Site has
content that is unsuitable in accordance with our standards,
and we may come to such a conclusion even if it is based
upon our opinion or mere suspicion or belief, without
any duty to prove that our opinion or suspicion is well-founded
and even if our opinion or suspicion is proven not to
be well-founded or if we provide other customers Web
Sites despite web pages therein having the same or similar
characteristics as your Web Site. You also understand
that by providing you with tools to create and/or manage
a Web Site, Good Luck Domains in no way endorses your
Web Site or deems your content to be suitable under
the terms of this Agreement.
Lawful Use Only
You may access and use
the Services for lawful purposes only and you are solely
responsible for the knowledge and adherence to any and
all laws, statutes, rules and regulations pertaining
to your use of the Service. You agree that you will
not (i) use the Services to commit a criminal offense
or to encourage conduct that would constitute a criminal
offense or give rise to a civil liability, or otherwise
violate any local state, Federal or international law
or regulation; (ii) upload or otherwise transmit any
content that you do not have a right to transmit under
any law or contractual or fiduciary duty; (iii) interfere
or infringe with any trademark or proprietary rights
of any other party; (iv) interfere with the ability
of other users to access or use the Serviced; (v) claim
a relationship with or to speak for any individual,
business, association, institution or other organization
for which You are not authorized to claim such a relationship;
(vi) interfere with or disrupt the Services or servers
or networks connected to the Services, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Services; or (vii) reproduce,
duplicate, copy, use, distribute, sell, resell or otherwise
exploit for any commercial purposes any portion of the
Services.
Violations
If Good Luck Domains determines
in its sole discretion that your conduct violates the
terms of this Acceptable Use Policy, Good Luck Domains
may suspend, restrict, terminate, or take any other
appropriate action with regard to your Services without
any obligation to refund fees paid. Good Luck Domains
reserves the right to take such actions without notice
to you. You understand that we reserve the right to
conclude that your conduct is in violation of the standards
set forth in this Acceptable Use Policy, and we may
arrive at such a conclusion even if it is based upon
our opinion or mere suspicion or belief, without any
duty to prove that our opinion or suspicion is well
founded, and even if our opinion or suspicion is proven
not to be well founded. You agree that we, in responding
to a third party complaint, reserve the right in our
sole discretion to suspend or terminate the Services
subject to this Acceptable Use Policy without notice
and with no obligation to refund fees paid.
Modifications to this
Acceptable Use Policy
You agree that Good Luck
Domains, in its sole discretion, may modify this Acceptable
Use Policy. We will post any such revised policy on
our Web site at least thirty (30) calendar days before
it becomes effective. Use of the Good Luck Domains Services
after the posting period constitutes acceptance of the
modification.
APPENDIX D
E- MAIL SERVICES
1. Description of Service.
Good Luck Domains is providing you with the capability
of sending and receiving electronic mail via the Internet.
You must: (a) provide all equipment, including a computer
and modem, necessary to establish a connection to the
Internet; and (b) provide for your own connection to
the Internet and pay any telephone service fees associated
with such connection. Good Luck Domains has set no fixed
upper limit on the number of messages you may send or
receive through the e-mail service; however, Good Luck
Domains retains the right, at Good Luck Domains' sole
discretion, to restrict the volume of messages transmitted
or received by you in order to maintain the quality
of our services to other customers and to protect our
computer systems. We, in our sole discretion, will determine
whether or not your conduct is consistent with this
Agreement and any Good Luck Domains operating rules
or policies and may suspend or terminate your e-mail
service if your conduct is found to be inconsistent
with this Agreement or such rules or policies. The e-mail
service is subject to scheduled and unscheduled outages
that will impact your ability to use the service. We
will use commercially reasonable efforts to restore
the service after any unscheduled outages. Moreover,
in order to receive the e-mail service we (or our third
party provider) must host your domain name record. If
you transfer your domain name record to a third party
in conjunction with a live web site or for any other
reason or allow your domain name registration to expire,
you will no longer be able to use the e-mail service.
We will not refund the fees you paid for our e-mail
service if you elect to transfer your domain name record
to a third party.
2. Privacy. Good
Luck Domains will not monitor, edit or disclose the
contents of your private communications with third parties
unless required to do so by law or in the good faith
belief that such action is necessary to: (a) conform
to the law or comply with legal process served on Good
Luck Domains; (b) protect and defend the rights or property
of Good Luck Domains; or (c) act under exigent circumstances
to protect the personal safety of our customers or the
public. You acknowledge and agree that Good Luck Domains
neither endorses the contents of any of your communications
nor assumes responsibility for such content, including
but not limited to any threatening, libelous, obscene,
harassing or offensive material contained therein, any
infringement of third party intellectual property rights
arising therefrom or any crime facilitated thereby.
You acknowledge and agree that certain technical processing
of e-mail messages and their content may be required
to: (a) send and receive messages; (b) conform to connecting
networks' technical requirements; (c) conform to the
limitations of the e-mail service; or (d) conform to
other similar requirements.
3. Customer Conduct.
You agree to be bound by the applicable provisions of
the Good Luck Domains Acceptable Use Policy, incorporated
herein and made part of this Agreement by reference,
in connection with your use of the services described
in this Schedule. Good Luck Domains 's outsourcing contractors
for the e-mail services, or their successors, shall
be intended third party beneficiaries of the e-mail
service customer's obligations under this Agreement
and thus shall be entitled to enforce those obligations
against you as if a party to this Agreement.
APPENDIX E
DOMAIN FORWARDING SERVICE
Good Luck Domains is providing
you with the capability to forward users or visitors
who type in a specific domain name to another domain
name designated by you through our Domain Forwarding
service. You represent and warrant that you have the
necessary rights to use the Domain Forwarding service
to forward, point, alias or resolve your domain name(s)
to the other domain name designated by you in ordering
such services.
APPENDIX F
E-COMMERCE SERVICES
1. Additional Services.
The e-commerce services we provide under this Agreement
may incorporate other products or services that we provide,
or products or services provided by third parties with
whom we have a business relationship ("Additional Services").
Your use of these Additional Services may be subject
to a separate application and/or approval process and
your reaching separate agreements with us or with third
parties. (For example, if you desire to accept credit
card payments through the website you establish via
the e-commerce services, your relationship with the
third-party merchant account provider may be subject
to an application and approval process and your reaching
a separate agreement with such provider.) Some of these
separate agreements may require you to pay fees in addition
to the fees that you pay us for e-commerce Services.
We will strive to let you know when your receipt of
Additional Services will require you to enter into a
separate agreement, whether with us or with a third-party,
and whether such separate agreement will require you
to pay additional fees. You agree that hosting for the
e-commerce Services provided to you will be provided
either by us or a third party selected by us, as determined
by us in our sole discretion.
2. Your Responsibilities.
In addition to your other responsibilities described
in this Agreement, you will also be responsible for
the following: a. Internet Access. You agree that you
will obtain access to the Internet and all software,
hardware, and other equipment necessary to access the
Internet. b. Commercial Banking Relationship. Depending
on the services you elect to receive, you may be responsible
for establishing and maintaining a commercial banking
relationship with a financial institution. The terms
of any such relationship shall be between you and the
financial institution and will not necessarily reflect
or incorporate terms of any agreements we may have with
the institution. c. Fulfillment. You will be responsible
for fulfilling all orders for products and services
you sell on your website. d. Policies. You agree to
maintain commercially reasonable business practices
in connection with your use of the E-Commerce Services
and to comply with all applicable laws, rules, regulations,
ordinances, and other binding legal obligations with
respect to your use of the e-commerce Services.
3. Fees, Payment and
Term. In addition to the payment terms in Section
3 of the Agreement, the following provisions shall also
apply. You may subscribe for e-commerce Services on
an annual basis ("Annual Subscription") or on a monthly
basis ("Monthly Subscription"). Each Annual Subscription
and Monthly Subscription is renewable, subject to the
terms set out below. Annual Subscriptions must be renewed
prior to the anniversary date of the account. Monthly
Subscriptions will be automatically renewed until either
(i) you notify us that you do not wish to renew e-commerce
Services; or (ii) this Agreement is terminated (for
any reason). All one-time fees are due immediately and
are non-refundable (except as expressly provided otherwise
herein). All recurring fees will be automatically charged
to the credit card that you provide us, and you agree
that we are authorized to charge your credit card accordingly.
We will determine the fees we charge for e-commerce
Services and the terms and conditions applicable to
e-commerce Services. The prices shown on our website
at the time of your purchase will remain in effect for
you for the term of the subscription selected by you
(for example, if you select an annual subscription,
your price will not change for the first year; if you
select a monthly subscription, your price will not change
for at least one month). Upon termination of the Agreement
or the e-commerce Services, you agree we will cease
charging your credit card for e-commerce Services as
of the expiration of the monthly billing cycle in which
the termination is effective. If you selected and paid
in full for an Annual Subscription at the time of application,
we may issue a prorated refund credit to your credit
card in an amount not to exceed nine (9) months on a
prorated basis. In every case, any set-up fees paid
to Good Luck Domains or third parties, and any other
fees paid to third party service providers are not refundable.
We will make reasonable efforts to provide you with
notice of any changes in these fees or the applicable
terms and conditions thirty (30) days before they take
effect. Within that period, if you do not agree to the
changes, you may terminate this Agreement and cease
using e-commerce Services. (You will not, however, receive
a refund on any payments that we have received for the
e-commerce Services, except as expressly provided otherwise
herein.) Otherwise, however, the changes will take effect
and you agree that we are authorized to charge your
credit card for the new fees for e-commerce Services.
Any renewal of your e-commerce Services is subject to
our then-current terms and conditions, payment of all
applicable fees at the time of renewal, and, in the
case of domain name re-registration, the domain name
registry's acceptance of your domain name registration.
You agree that the e-commerce Services provided hereunder
are provided as a bundle consisting of the various services
selected by you and that the e-commerce Services cannot
be maintained in any manner other than as a bundle,
and neither the e-commerce Services nor any part thereof
may be transferred or assigned to any other person or
entity. You agree that terminating your subscription
for e-commerce Services will terminate every service
included in the e-commerce Services bundle, including
your domain name registration. If you wish to cancel
your e-commerce Services bundle (and terminate this
Agreement), you must do in accordance with our cancellation
procedures.
4. Limitation of Liability.
YOU AGREE THAT WE ARE NOT A FINANCIAL OR CREDIT REPORTING
INSTITUTION. WITH RESPECT TO THE PAYMENT FACILITATION
SERVICES WE PROVIDE AS PART OF THE E-COMMERCE SERVICES,
WE MERELY PROVIDE DATA TRANSMISSION TO EFFECT CERTAIN
PAYMENT AUTHORIZATIONS FOR YOU AND WE ARE NOT RESPONSIBLE
FOR THE RESULTS OF ANY CREDIT INQUIRY, FOR THE OPERATION
OF WEBSITES OF INTERNET SERVICE PROVIDERS OR FINANCIAL
INSTITUTIONS, FOR THE AVAILABILITY OR PERFORMANCE OF
THE INTERNET, OR FOR ANY DAMAGES OR COSTS THAT YOU MAY
SUFFER AS A RESULT OF ANY INSTRUCTIONS GIVEN, ACTIONS
TAKEN, OR OMISSIONS MADE BY YOU, YOUR FINANCIAL PROCESSOR(S),
YOUR FINANCIAL INSTITUTION, OR ANY INTERNET SERVICE
PROVIDER.
5. Additional Terms
Applicable to Design and Maintenance Service. We
may, from time to time offer tools, components for the
design, development, and maintenance of your e-commerce
application and web site. Your use of such tools and
components may require the payment of additional fees,
and will be governed by this Agreement and any supplemental
terms provided at the time you seek to obtain such tools
or components, and as we may modify in future. If you
do not accept such fees, you will not be entitled to
use such tools or components.
6. Survival. In
the event the Agreement or this Schedule expires or
terminates, Sections 3, 4, 5, and 6 of this Schedule
shall survive such expiration or termination.
APPENDIX G
WEB SITES FROM GOOD LUCK DOMAINS
1. Definitions.
For purposes of this Schedule, the following capitalized
terms shall have the meanings ascribed to them below:
a. "Good Luck Domains Web
Site" means any pre-designed, customizable Good Luck
Domains Web site template licensed by Good Luck Domains
to end users.
b. "Subscription Service"
means any of the Good Luck Domains subscription service
packages that are available for purchase by end users
on a monthly basis, for a monthly fee.
c. "Web Site Manager Service"
means the Good Luck Domains on-line tool that allows
customers to access their Good Luck Domains Web Site,
add/modify content, upload images and make generic changes
to their Good Luck Domains Web Site.
d. "Web Hosting Service"
means the Web hosting services provided by a third party
through Good Luck Domains as part of a Subscription
Service.
2. Payment. In addition
to the payment terms in Section 3 of the Agreement,
the following provisions shall also apply solely with
respect to the Subscription Service:
a. Good Luck Domains, in
its sole discretion, shall determine the prices it will
charge for the Subscription Service, and the terms and
conditions applicable to the same, and Good Luck Domains
may, upon providing thirty (30) days' notice to you,
amend such pricing and/or terms and conditions. If you
do not agree to the change(s), you may terminate your
Subscription Service as provided herein within that
thirty (30) days; otherwise all such changes shall thereafter
be effective with respect to your account, and you agree
that we are authorized to charge your credit card for
the new monthly Subscription Service fee.
b. Billing for the Good
Luck Domains Web Site license shall be by valid credit
card (acceptable to Good Luck Domains) at the time of
purchase. If you elect to subscribe to the Web site
Manager Service, your monthly payments for the same
will be automatically charged to the credit card provided
by you (and acceptable to Good Luck Domains) at the
time of your purchase (with such payments being charged
in advance on a monthly basis) ("Monthly Web Site Manager
Service Fee"), and you hereby agree that Good Luck Domains
is authorized to so charge your credit card. Good Luck
Domains, in its sole discretion, shall determine the
prices it will charge for the Good Luck Domains Web
Site license or the Web Site Manager Service, and the
terms and conditions applicable to the same, and Good
Luck Domains may, upon providing thirty (30) days' notice
to you, amend such pricing and/or terms and conditions.
If you do not agree to the change(s), you may terminate
this Agreement (or cancel your Web Site Manager Service
subscription, as applicable) as provided herein within
that thirty (30) days; otherwise all such changes shall
thereafter be effective with respect to your account,
and you agree that we are authorized to charge your
credit card for any new monthly Web Site Manager Service
fee.
3. Conduct. You
agree to be bound by the applicable provisions of the
Good Luck Domains Acceptable Use Policy, incorporated
herein and made part of this Agreement by reference,
in connection with your use of the services described
in this Schedule.
4. Cancellation.
You may cancel your subscription to the Web Site Manager
Service at any time. To cancel your subscription to
the Web Site Manager Service you must submit your written
notice of cancellation to Good Luck Domains (as provided
herein) and include the following information: (i) Your
Good Luck Domains customer identification number and
username; (ii) your Good Luck Domains Web Site Web address;
and (iii) your reason for requesting cancellation. Unless
terminated earlier as provided herein, your Web Site
Manager Service will be canceled as of the expiration
of the monthly billing cycle in which your notice was
received.
5. Term and Termination.
a. Term. Your Subscription
Service shall be on a month-to-month basis for successive
monthly periods, unless either party notifies the other
of termination in accordance with this Agreement.
b. Notice of Service Cancellation
by You. Any termination of your Subscription Service
must be in accordance with our cancellation policy.
Unless terminated earlier as provided herein, this Schedule,
and the Agreement (if you have no other services with
Good Luck Domains) will be terminated as of the expiration
of the monthly billing cycle in which your cancellation
notice was received and processed by Good Luck Domains.
c. Survival. In the event
of expiration or termination of this Schedule or the
Agreement for any reason, Sections 1, 2, and 5 of this
Schedule shall survive.
Deletion, Auto-Renewal & Redemption Policy
Domain names are registered for fixed periods that are subject to renewal. If a customer has selected our “auto-renew” feature for a domain name registration, we will attempt to automatically renew the domain name registration approximately 45 days prior to the domain name registration expiration date (subject to the terms related to the “auto-renew” feature found in our Service Agreement and on our web site). If a customer has not selected our “auto-renew” feature for a domain name registration, we send several communications to customers and/or the agents acting on their behalf to alert them that their domain name registration services will expire on a certain date. If a customer does not renew the domain name registration by the expiration date, the domain name registration is subject to deletion at any time after that date. In an effort to help our customers avoid unintentional deletion of their domain name registration(s), we may, but are not obligated to, provide our customers with a “grace period” after their domain name registration services expiration date(s) (a “grace period” begins on the day after the date of expiration). We generally provide a grace period that extends 20 days past the expiration da |