DOMAIN TERMS OF SERVICES
By ordering Private Domain Name Registration Services from Viraware Inc. ("Multivira"), you ("you" or "Customer") agree to the terms and conditions set forth herein. The provisions contained in these Terms and Conditions for Private Domain Name Registration (the "Agreement") incorporate and are supplemental to Multivira's General Terms and Conditions (the "Multivira General Terms of Services"), by which you are also bound, to the extent they are not modified by this Agreement.
1. SUBJECT OF THE AGREEMENT
The Agreement governs the provision of Private Domain Name Registration Services (the 'Services') to the Customer by Multivira. The Services comprise the registration and renewal of domain names using contact information provided by Multivira, as described below, which information will appear in the public WHOIS database on your behalf.
2. SERVICES PROVIDED
a. Multivira will acquire a Second-Level Domain Name ("Private Domain Name"), on your behalf, assuming that the Domain Name you request is available for registration. Multivira will not own any Private Domain Name registered on your behalf under this Section 2. Any costs incurred by Multivira to obtain and/or maintain the Private Domain Name on your behalf shall be charged to you by Multivira. Private Domain Names may not be transferred. The top-level domain .us may not be registered as a Private Domain Name.
b. You authorize and direct Multivira to display alternate contact information in the public WHOIS database, including names, postal address, phone number, and email address, as more particularly outlined below.
c. You authorize and direct Multivira to process communications directed to you at the contact information displayed in the public WHOIS database as follows:
I. An email alias pointing to your Multivira account will be created once you have purchased the Services, and that email address will be displayed in the public WHOIS database. Messages received at the email address posted in the public WHOIS database for your Private Domain Name will be forwarded to the email address associated with your account name or to another email address, in accordance with the preferences you set in the Multivira Control Panel. Disabling the Services will delete this email address and remove it from the WHOIS database. Once an email address is removed from the public WHOIS database it will no longer be a valid email address for the receipt of messages. You acknowledge that you may not receive messages sent such email address once the Services are disabled.
II Multivira's corporate address will be the postal address displayed in the public WHOIS database for the Private Domain Name. You hereby authorize Multivira to receive, sort, open, forward, and destroy any and all mail sent to Multivira on your behalf in its sole discretion. Third class and "junk" mail will be discarded upon receipt or returned to the sender unopened. First-class mail and mail received via certified mail or courier, including but not limited to Federal Express, United Parcel Services, and similar services, will be opened and all such mail that can be scanned will be scanned and sent to you via the email address associated with the Multivira account for the Private Domain Name. You acknowledge that you will have five (5) calendar days from the date such mail is sent to you via email to request in writing that a copy of such scanned mail be forwarded to you via postal mail. You acknowledge that unless you direct us otherwise in writing within such five (5) calendar days period, all such mail will be destroyed five (5) calendar days after a scanned copy is sent to you via email. All mail that is unable to be scanned will be forwarded to you at your expense at the postal address associated with the account for the applicable domain name.
III Multivira reserves the right to charge you for, and you are responsible for paying, all fees and costs associated with Multivira forwarding postal mail. Multivira further reserves the right to charge an administrative charge of $5.00 per item forwarded. You authorize Multivira to apply any such charges to your credit card pursuant to the Multivira General Terms of Services.
IV A telephone number will be displayed in the public WHOIS database for the Private Domain Name which will be answered by a voice mail system. Callers will be informed of how to contact you using the information displayed in the public WHOIS database; however, they will not be able to leave messages.
d. You hereby waive any and all claims arising from your failure to receive communications directed to your domain name contact information displayed in the public WHOIS database but not forwarded to you by Multivira. You acknowledge and agree that you will not receive all communications sent to you at the contact information listed in the public WHOIS database. You further acknowledge and agree that Multivira disclaims any and all loss or liability that may result from your use of the Services and/or your failure to receive important correspondence sent to you at the contact information displayed in the public WHOIS database, including, but not limited to, legal notices or UDRP complaints.
3. WARRANTIES AND INDEMNIFICATION
a. You warrant that the contact information you have provided to Multivira is and will remain accurate. You agree that you will inform Multivira within fifteen (15) calendar days of the change of your name, mailing address, email address, telephone or telefax number.
b. You warrant to Multivira that any Domain Name you may seek to register through Multivira does not violate the rights of any third party, in particular trademark rights, and that you have taken reasonable steps, including but not limited to searches of the applicable state and federal trademark registries, to assure that this is the case.
c. You agree to indemnify and hold harmless Multivira, its officers, directors, employees and agents, with respect to any and all damages, losses, claims or expenses incurred with respect to or arising out of claims of third parties concerning your use of the Services or the Private Domain Name.
d. You acknowledge and agree that Multivira has the absolute right and power, as it deems necessary in its sole discretion, without providing notice and without any liability to you whatsoever, to (1) reveal to third parties the contact information provided by you to Multivira in connection with the account for the applicable domain name, (2) populate the public WHOIS database with your name, primary postal address, email address and/or telephone number as provided by you to Multivira, or (3) terminate your subscription to the Services:
I. if, in Multivira's sole discretion, you violate the terms of the Multivira General Terms of Services;
II. if any third party claims that the domain name violates or infringes a third party's trademark, trade name or other legal rights, whether or not such claim is valid;
III. to comply with ICANN policies or requirements, including but not limited to the Uniform Domain Name Dispute Resolution Policy (UDRP)
IV. to comply with any applicable laws, government rules or requirements, subpoenas, court orders, requests of law enforcement or government agencies; or
V. if any third party threatens legal action against Multivira that is related in any way, directly or indirectly, to the domain name, or claims that you are using the domain name registration in a manner that violates any law, rule or regulation, or is otherwise illegal or violative of a third party's legal rights.
e. ALL Multivira SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
4. DISPUTE RESOLUTION
a. This Agreement shall be interpreted under the laws of the State of Pennsylvania, without regard to any conflict of laws provisions. Any claim, dispute or controversy with respect to, in connection with or arising out of this Agreement shall be subject to and decided by arbitration in the City of Philadelphia, County of Philadelphia, Commonwealth of Pennsylvania, by a panel of three arbitrators chosen in accordance with terms of the Multivira General Terms of Services.
b. Multivira may without advance notice amend this Agreement or the from time to time, and will do so by posting the new Agreement on the Multivira website in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. It is your responsibility to periodically check the Multivira website for updates of this Agreement.