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  • Application and Registration Agreement
 
Reseller
    Application and Registration Agreement 
    for Assignment of Second Level Domain Name in a generic Top Level Domain Application and Registration Agreement terms 
    for Assignment of Second Level Domain Name in a generic Top Level Domain titelschutz.com (“titelschutz.com") submits your domain registration request to our partner 1stDomain.net to facilitate a domain name registration on your behalf. 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 1stDomain.net and titelschutz.com 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 1stDomain.net and titelschutz.com. This Agreement will become effective if accepted by 1stDomain.net and titelschutz.com. 1stDomain.net is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between 1stDomain.net and ICANN. titelschutz.com is a partner of 1stDomain.net under an agreement between titelschutz.com and 1stDomain.net. You acknowledge that 1stDomain.net and / or titelschutz.com may modify this Agreement if necessary to comply with its respective Agreements, or otherwise. 

    1. Fees As consideration for the domain name registration services provided by 1stDomain.net and titelschutz.com, you agree to pay the current initial registration fees and renewal fees according to the fee schedule which is incorporated into this Agreement by reference. The fee schedule can be found at http://www.titelschutz.com Payments must be made by credit card as specified on the application form. Your domain name will not be registered unless and until titelschutz.com 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 1stDomain.Net, CORE and/or titelschutz.com do 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 http://register.secureservice.net/cgi-bin/whois.pl 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 1stDomain.Net, CORE and/or titelschutz.com 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 1stDomain.net and titelschutz.com 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 1stDomain.net and titelschutz.com on your behalf, fees payable by you to 1stDomain.net and titelschutz.com 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 Dispute 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. 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 1stDomain.net and 
    titelschutz.com harmless pursuant to the terms and conditions contained in the Dispute Policy. 

    3. Use of Your Information 
    As part of the registration process, you are required to provide certain information and to 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 1stDomain.net  will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type 
    of information that 1stDomain.net may or must make available to the public or to private entities. 1stDomain.net  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 1stDomain.net 's possession to review, modify or update such information. 

    4. Use Policies 
    1stDomain.net 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 re-main the domain name holder, and remain responsible for all obligations under this Agreement. 

    6. Limitation of Liability 
    YOU AGREE THAT 1stDomain.net AND titelschutz.com 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 1stDomain.net `s AND/OR titelschutz.com`s REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND 1stDomain.net AND/OR titelschutz.com; (e) EVENTS BEYOND 1stDomain.net `s AND titelschutz.com`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, 1stDomain.net AND titelschutz.com 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 1stDomain.net AND/OR titelschutz.com HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 1stDomain.net’s AND titelschutz.com`s MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO 1stDomain.net AND/OR titelschutz.com 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. 

    7. Indemnity 
    You agree to defend, indemnify and hold harmless 1stDomain.net and titelschutz.com and any applicable domain name registry, including Network Solutions, Inc., and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable 
    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. 

    8. Representations and Warranties 
    You represent and warrant that all information provided by you in connection with your registration is complete and accurate. 1stDomain.net and titelschutz.com make no representation or warranties of any kind in connection with this Agreement. 1stDomain.net and titelschutz.com do 
    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 1stDomain.net and titelschutz.com. If you fail to cure the breach, 1stDomain.net and titelschutz.com may revoke your registration of the domain name. 
    You also agree that 1stDomain.net and titelschutz.com 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 1stDomain.net and/or titelschutz.com receive 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 1stDomain.net and/or titelschutz.com site shall be brought exclusively in the courts of the United States located in Hawaii. 

    11. General 
    This Agreement, the 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 1stDomain.net and titelschutz.com, 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 1stDomain.net and/or titelschutz.com 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 1stDomain.net and/or titelschutz.com 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. 1stDomain.net and/or titelschutz.com 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 1stDomain.net and/or titelschutz.com as reflected in the original provision. No provision of this Agreement, including the fee schedule and the Dispute Policy, not be amended or modified by you except by means of a written document signed by 1stDomain.net and titelschutz.com

    Registration Service: titelschutz.com 

    July 2000

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