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Terms +Conditions

Terms + Conditions Application and Registration Agreement for Assignment of Second Level Domain Name in a Top Level Domain By submitting the application form, you acknowledge that you have read and agree to the following Registration Agreement as well as the Domain Name Dispute Policy, both of which are part of the application.  REGISTRATION AGREEMENT  This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of $ PPC Marketing LLC to register a domain name on the Internet. To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies that are or may be published by $ PPC Marketing LLC. This Agreement will become effective if accepted by $ PPC Marketing LLC.  $ PPC Marketing LLC is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between $ PPC Marketing LLC and ICANN ("ICANN Agreement"). You acknowledge that $ PPC Marketing LLC may modify this Agreement if necessary to comply with its ICANN Agreement, or otherwise.  1. Fees  As consideration for the domain name registration services provided by $ PPC Marketing LLC, you agree to pay $ PPC Marketing LLC's current initial registration fees and renewal fees according to the $ PPC Marketing LLC fee schedule which is incorporated into this Agreement by reference. The $ PPC Marketing LLC fee schedule can be found at http://www.ppcmarketingllc.com/service/domainprice_us.html Payments must be made by credit card as specified on the $ PPC Marketing LLC application form. Your domain name will not be registered unless and until $ PPC Marketing LLC has received appropriate authorization from your credit card company. In case of a declined card or a chargeback, the domain name is subject to deletion without further notification. We will try to contact you by email (sent to listed admin/billing contact email of the domain name) when renewals are due. It is your responsibility to keep the listed email information for the contacts of your domain updated. You understand and agree that $ PPC Marketing LLC does not attempt to contact you in any other way than by email, and/or does not verify that your email service was available. It shall be your responsibility to check when your domain expires and to ensure that renewal fees are paid prior to the expiration of the domain name. You may check for the expiration date of your domain name at whois under "Domain expires:[date]. Should renewal fees go unpaid by the listed expiration date, your registration is subject to immediate cancellation/deletion within 48 hours after expiration. You understand and agree that $ PPC Marketing LLC shall have no liability whatsoever with respect to any such cancellation/deletion.  If at anytime fees or other charges payable to the applicable registry or to any other regulatory body for a domain name registered by $ PPC Marketing LLC on your behalf, shall increase, or any additional fee, tax or charge shall become due and payable to any third party related to a domain name registered by $ PPC Marketing LLC on your behalf, fees payable by you to $ PPC Marketing LLC under this Agreement will increase by such amount. All registrations are non-cancellable and non-refundable. During the first sixty days after initial registration it is not possible to transfer the domain to a different registrar.  2. Dispute Policy  You agree to be bound by the current ICANN Domain Name Disput Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at  http://www.icann.org/udrp/udrp.htm. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy and you agree to submit to proceedings commenced under the Dispute Policy. ICANN may modify the Dispute Policy in its sole discretion at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted.  You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify and hold $ PPC Marketing LLC harmless pursuant to the terms and conditions contained in the Dispute Policy.  3. Personal Data  As part of the registration process, you are required to provide  certain information and to immediately update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data.  You acknowledge that willfully providing inaccurate information  or willfully failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name.  If you license use of a domain name to a third party, you are nonetheless the holder of record of the domain name and are responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information.  You acknowledge that $ PPC Marketing LLC will make some of the information that you provide during the registration process publicly available as required by ICANN and/or the Registries. Additionally, you acknowledge that ICANN and/or the Registries may impose guidelines, limits and/or requirements that relate to the amount and type of information that $ PPC Marketing LLC may or must make available to the public or to private entities. You consent to the use, copying, distribution, publication, modification and other processing of your personal data by the Registry Operator and its designees and agents. $ PPC Marketing LLC will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in $ PPC Marketing LLC's possession to review, modify or update such information.  4. Use Policies  $ PPC Marketing LLC reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.  5. Agents and Licenses  You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.  You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.  6. Limitation of Liability  YOU AGREE THAT $ PPC Marketing LLC WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO $ PPC MARKETING LLC `S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND $ PPC MARKETING LLC; (e) EVENTS BEYOND $ PPC MARKETING LLC`S REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY  MODIFICATION TO THE  RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY.  FURTHER, $ PPC Marketing LLC WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF $ PPC Marketing LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL $ PPC MARKETING LLC`S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO $ PPC MARKETING LLC FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. YOU ALSO AGREE THAT $ PPC MARKETING LLC AND ANY APPLICABLE REGISTRY OPERATOR, INCLUDING AFILIAS LIMITED, NEULEVEL INC., WILL HAVE NO LIABILITY OF ANY KIND FOR ANY LOSS OR LIABILITY RESULTING FROM THE PROCEEDINGS AND PROCESSES RELATING TO THE SUNRISE PERIOD, LAND RUSH PERIOD, AND/OR THE DOMAIN NAME APPLICATION PHASE, INCLUDING, WITHOUT LIMITATION: (A) YOUR ABILITY OR INABILITY TO OBTAIN AND/OR REGISTER A DOMAIN NAME DURING THESE PERIODS, AND (B) THE RESULTS OF ANY DISPUTE OVER SUNRISE REGISTRATION AND/OR DOMAIN NAME APPLICATIONS. 7. Indemnity  You agree to defend, indemnify and hold harmless $ PPC Marketing LLC and any applicable domain name registry, including VeriSign Inc, Afilias Limited, NeuLevel Inc., Public Interest Registry, and the directors, officers, employees and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal and attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof.  This indemnification is in addition to any indemnification required under the Dispute Policy.  You further agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.  8. Representations and Warranties  You represent and warrant that all information provided by you in  connection with your registration is complete and accurate. $ PPC Marketing LLC makes no representation or warranties of any kind in connection with this Agreement. $ PPC Marketing LLC does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.  9. Breach and Revocation  Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by $ PPC Marketing LLC. If you fail to cure the breach, $ PPC Marketing LLC may revoke your registration of the domain name.  You also agree that $ PPC Marketing LLC shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as $ PPC Marketing LLC receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, re-querying the revocation, suspension, transfer or modification of the domain name registration.  10. Governing Law  This Agreement, your rights and obligations and all actions  contemplated by this Agreement shall be governed by the laws of  the United States, as if the Agreement was a contract wholly entered into and wholly performed within the United States. Any action to enforce this Agreement or any matter relating to your use of the $ PPC Marketing LLC site shall be brought exclusively in the courts of  the United States located in Hawaii.  11. General This Agreement, the $ PPC Marketing LLC fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and $ PPC Marketing LLC, and supersede and govern all prior proposals, agreements, or other communications.  Nothing contained in this Policy shall be construed as creating any agency, partner-ship, or other form of joint enterprise between the parties. The failure of $ PPC Marketing LLC to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by $ PPC Marketing LLC of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. $ PPC Marketing LLC will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of $ PPC Marketing LLC as reflected in the original provision. No provision of this Agreement, including the $ PPC Marketing LLC fee schedule and the Dispute Policy, may be amended or modified by you except by means of a written document signed by $ PPC Marketing LLC.  Addendum: Reservation of Rights $ PPC Marketing LLC and/or any applicable domain name Registry, including VeriSign Inc, Afilias Limited, NeuLevel Inc., Public Interest Registry, 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 respective Registry, to comply with any applicable laws, government rules or requirements, request of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of $ PPC Marketing LLC and/or the applicable domain name Registry, including VeriSign Inc, Afilias Limited, NeuLevel Inc., Public Interest Registry, as well as their affiliates, subsidiaries, officers, directors and employees. $ PPC Marketing LLC and/or any applicable domain name Registry, including VeriSign Inc, Afilias Limited, NeuLevel Inc., Public Interest Registry, also reserve the right to freeze a domain name during resolution of a dispute. Registration Service: $ PPC Marketing LLC USA, 2006, 2007