CVC Internet, LLC Terms and Conditions of Domain Name Registration
Terms and Conditions
of Service updated July 1, 2008
Please read these Guidelines (Terms
& Conditions of Service), carefully before opening or continuing an account
with CVC Internet, LLC.
This CVC Internet, LLC Domain Name Registration Agreement ("Agreement") is by and between CVC Internet, LLC, Wireless & E-commerce Services ("CVC Internet, LLC") an Klamath Falls, Oregon Internet Service Provider and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of CVC Internet, LLC Domain Name Registration and represents the entire agreement between You and CVC Internet, LLC.
By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, including our dispute policy, along with any new, different or additional terms, conditions or policies which CVC Internet, LLC may establish from time to time. You may view the latest version of this Agreement online. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You’ve established with CVC Internet, LLC, whether or not the transactions were in Your behalf. You acknowledge that CVC Internet, LLC acceptance of any application made by You for services provided by CVC Internet, LLC will take place at CVC Internet, LLC office located in Klamath Falls, Oregon, USA. You acknowledge that CVC Internet, LLC is a registrar bound by an agreement between CVC Internet, LLC and the Internet Corporation for Assigned Names and Numbers ("ICANN"). You agree that CVC Internet, LLC may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the Internet ICANN, as well as any registration rules or policies that may be published from time to time by CVC Internet, LLC.
Fees - In consideration for the services and products ("service") purchased by You and provided to You by CVC Internet, LLC, You agree to pay CVC Internet, LLC at the time service is provided. Payment is to be made by You by providing either a valid credit card, Debit, A.T.M., check, or money order. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. Payments are nonrefundable. If for any reason CVC Internet, LLC is unable to charge Your Payment Method for the full amount owed CVC Internet, LLC for the service provided, or if CVC Internet, LLC is charged a penalty for any fee it previously charged to your Payment Method, You agree that CVC Internet, LLC may pursue all available remedies in order to obtain payment. You agree that among the remedies CVC Internet, LLC 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 registered or renewed on Your behalf. CVC Internet, LLC reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. Customer agrees to pay CVC Internet, LLC its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
Domain Registration - A domain name may be registered for up to a ten year period. Even upon renewal the domain name registration period can not extend past a ten year period. Up To Date Information; use of information You agree to notify CVC Internet, LLC within five (5) business days when any of the information You provided as part of the application and/or registration process changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide CVC Internet, LLC with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by CVC Internet, LLC to determine the validity of information provided by You, shall also be considered to be a material breach of this agreement. You agree that for each domain name registered by You the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement: The domain name, your name and postal address, the email address, postal address, voice and fax numbers for technical and administrative contacts, the Internet protocol numbers for the primary and secondary name servers, the corresponding names of the name servers, and the original date of registration and expiration date. You agree that, to the extent permitted by ICANN, CVC Internet, LLC may make use of the publicly available information You provided during the registration process. If You engage in the reselling of domain names You agree to provide any individuals whose personal information You’ve obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.
Domain Name Renewals - Domain Name(s) that are managed through OpenSRS/CVC Internet, LLC will be monitored for registration renewal. CVC Internet, LLC will automatically renew domain name(s) for a one year registration period, 30 days before the registration is due to expire. CVC Internet, LLC will automatically bill the renewal fee to the Payment Method You have on file with CVC Internet, LLC, at CVC Internet, LLC then current renewal rates. Domain name renewals will be non refundable. If for any reason CVC Internet, LLC is not able to receive payment for renewal service, and You fail to respond to our notices, Your domain name registration will expire. It is Your responsibility to keep Your Payment Method and contact information current. In this case, if You fail to contact CVC Internet, LLC regarding the domain renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that name. You agree that CVC Internet, LLC will not be responsible for cancelled domain names that You fail to keep renewed. If the domain name expires, all domain services including web page and email will no longer work. For approximately 40 days after the expiration date ("Domain Name Grace Period"), the domain name may be renewed during this period, but the reactivation of service may take 24-72 hours.
Domain Name Redemption Period At the end of the Grace Period the domain will enter a 30 day Redemption Period. Whois information (name, address, telephone numbers, etc.) will be deleted. The domain will still be inactive. The domain may be renewed by it’s original owner for $180 + renewal fees. It is a manual process for the registry to add the name/address information back into the domain registry records, therefore, the process may take several days. Five days after the end of the redemption period the domain name will be deleted from the registry and will be made available for anyone to register. Although a domain name will not function after the expiration date you may still renew your domain name for up to 70 days. Please be aware that there are significant fees to renew the domain name after the grace period and during the Redemption Period. Additional information concerning the Redemption Period can by found at the ICANN web site.
Dispute Resolution Policy - You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that CVC Internet, LLC may from time to time modify its Dispute Resolution Policy. CVC Internet, LLC will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining Your domain name registrations with CVC Internet, LLC after the updated policy becomes effective that You agree to the Dispute Resolution policy as amended. You agree to review CVC Internet, LLC web site periodically to determine if changes have been made to the Dispute Resolution Policy. If You cancel Your agreement with CVC Internet, LLC as a result of the modified Dispute Resolution policy no fees will be refunded to You. You agree that if a dispute arises as a result of one or more domain names You have registered using CVC Internet, LLC, You will indemnify, defend and hold CVC Internet, LLC harmless as provided for in this agreement. You also agree that if CVC Internet, LLC is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by You using CVC Internet, LLC, that CVC Internet, LLC, in its sole discretion, may take whatever action CVC Internet, LLC deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental administrative or judicial body until such time as the dispute is settled. In this event You agree to hold CVC Internet, LLC harmless for any action taken by CVC Internet, LLC.
Term Of Agreement - The term of this agreement shall continue in full force and effect as long as You have any domain name registered through CVC Internet, LLC. You agree that You will not transfer any domain name registered through CVC Internet, LLC to another domain name registrar during the first sixty (60) days from its initial registration date. You agree that CVC Internet, LLC may modify this agreement from time to time. CVC Internet, LLC may also discontinue services it provides under this agreement. You agree to be bound by any changes CVC Internet, LLC may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with CVC Internet, LLC, You will not receive a refund for any fees. To close registration service or to transfer your registration to another Internet Service Provider, You will pay $25 to CVC Internet, LLC for administrative and technical services. Before Account closure or transfer services can be processed, the full payment of closing fees must be received by CVC Internet, LLC. If closing fees are not received by CVC Internet, LLC in a timely fashion, Account will be turned over to collections. You agree that CVC Internet, LLC shall not be bound by any representations made by third parties who You may use to purchase services from CVC Internet, LLC, and that any statements of a general nature, which may be posted on CVC Internet, LLC web site or be contained in CVC Internet, LLC promotional materials, will not bind CVC Internet, LLC.
Suspension Of Services; Breach Of Agreement - You agree that, in addition to other events set forth in this agreement, Your ability to use any of the services provided by CVC Internet, LLC is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN. You agree that Your failure to comply completely with the terms and conditions of this agreement and any CVC Internet, LLC rule or policy may be considered by CVC Internet, LLC to be a material breach of this agreement and that CVC Internet, LLC may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide CVC Internet, LLC with material evidence that You have not breached Your obligations to CVC Internet, LLC within ten (10) business days, CVC Internet, LLC may terminate its relationship with You and take any remedial action available to CVC Internet, LLC under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, canceling the registration of any of Your domain names and discontinuing any services provided by CVC Internet, LLC to You. No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach. CVC Internet, LLC failure to act upon or notify You of any event, which may constitute a breach, shall not relieve You from or excuse You of the fact that You have committed a breach.
Restriction Of Services; Right Of Refusal - You agree not to use the services provided by CVC Internet, LLC, or to allow or enable others, to use the services provided by CVC Internet, LLC for the purposes of: The transmission of unsolicited email (Spam), Repetitive, high volume inquires into any of the services provided by CVC Internet, LLC (i.e. domain name availability, etc.). If You are hosting Your domain’s domain name servers ("DNS") on CVC Internet, LLC servers, or are using our systems to forward a domain, URL, or otherwise to a system or site hosted elsewhere, or if You have your domain name registered with CVC Internet, LLC, You are responsible for ensuring that there is no excessive overloading on CVC Internet, LLC DNS systems. You may not use CVC Internet, LLC servers and Your domain as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that CVC Internet, LLC reserves the right to deactivate Your domain name from its DNS system if CVC Internet, LLC deems it is the recipient of activities caused by your site that threaten the stability of its network. You agree that CVC Internet, LLC, in its sole discretion and without liability to You, may refuse to accept the registration of any domain name. CVC Internet, LLC also may in its sole discretion and without liability to You delete the registration of any domain name during the first thirty (30) days after registration has taken place. CVC Internet, LLC may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with Spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event CVC Internet, LLC refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will receive a refund of any fees paid to CVC Internet, LLC in connection with the registration either being canceled or refused. In the event CVC Internet, LLC deletes the registration of a domain name being used in association with Spam or morally objectionable activities, no refund will be issued.
Limitation Of Liability - You agree that CVC Internet, LLC entire liability to you under this agreement, and your only remedy, in connection with any service provided by CVC Internet, LLC, to you under this agreement, and for any breach of this agreement by CVC Internet, LLC, shall be limited to the fees you paid to CVC Internet, LLC for the particular service in contention. CVC Internet, LLC and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of CVC Internet, LLC services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, CVC Internet, LLC liability shall be limited to the smallest amount permitted by law. CVC Internet, LLC disclaims any loss or liability resulting from: Access delays or interruptions to our web site or domain name registration system, data nondelivery or misdelivery between You and CVC Internet, LLC, events beyond our control (i.e. acts of God), the loss of registration or processing of a domain name or the use of a domain name, the failure for whatever reason to renew a domain name registration, the unauthorized use of Your account with CVC Internet, LLC or any of services provided to You by CVC Internet, LLC, errors, omissions or misstatements deletion of, failure to store, or failure to process or act upon email messages processing of updated information to Your registration record, development or interruption of Your web site errors taking place with regard to the processing of Your application, application of CVC Internet, LLC Dispute Resolution Policy, any act or omission caused by You or Your agent (whether authorized by You or not).
Indemnity - You agree to release, defend, indemnify and hold harmless CVC Internet, LLC and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney’s fees, resulting from any claim, action, proceeding suit or demand arising out of or related to Your (including Your agents, affiliates or anyone using Your account with CVC Internet, LLC whether or not on Your behalf, and whether or not with Your permission) use of the services provided by CVC Internet, LLC. Should CVC Internet, LLC be notified of a pending law suit, or receive notice of the filing of a law suit, CVC Internet, LLC may seek a written confirmation from You concerning Your obligation to indemnify CVC Internet, LLC. Your failure to provide such a confirmation may be considered a breach of this agreement.
Representation And Warranties - You warrant that all information provided by You as part of the registration process is complete and accurate. You also warrant that each registration You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity. You agree that CVC Internet, LLC makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to You against the possibility of objection to, or challenge of, the registration or use of any domain name You register with CVC Internet, LLC. CVC Internet, LLC expressly reserves 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 CVC Internet, LLC, as well as its affiliates, subsidiaries, officers, directors and employees. CVC Internet, LLC also reserves the right to freeze a domain name during resolution of a dispute.
Disclaimer Of Warranties - CVC Internet, LLC expressly disclaims 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. CVC Internet, LLC makes no warranty that its service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free, or that defects will be corrected. CVC Internet, LLC does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
Severability; Entirety - You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect. You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between You and CVC Internet, LLC regarding the services contemplated herein.
Venue; Waiver Of Trial By Jury - This agreement shall be deemed entered into in the state of Oregon. Except for disputes concerning the user of a domain name registered with CVC Internet, LLC, the laws and judicial decisions of Klamath County, Oregon, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Klamath County, Oregon. You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.
Notices - You agree that all notices (except for notices concerning breach of this agreement) from to You may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address You have on file with CVC Internet, LLC or mailed first class postage to the postal address You have on file with CVC Internet, LLC. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to CVC Internet, LLC shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at: Domain Registrations Services C/O CVC Internet, LLC, 2250 South 6th Street, Klamath Falls, OR 97601. Delivery shall be deemed to have been made by You to CVC Internet, LLC five (5) days after the date sent.
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