|CNOBIN.com's Joint Agreement
In this CNOBIN.com's Joint Agreement ("Agreement"),"Registrant" "you" and "your" refer to each user, customer ("Customer") and its agents, and "Registrar", "we", "us" and "our" refer to Bizcn.com, Inc. ("CNOBIN.com"). This Agreement explains our obligations to you, and your obligations to us in relation to the service(s) that you purchase and use from us. By selecting CNOBIN.com service(s) you have agreed to establish an account with us for such service(s). When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional CNOBIN.com service(s) or to modify or cancel your CNOBIN.com service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. You agree that each person listed in your account information as being associated with your account for any service(s) provided to you is your agent with full authority to act on your behalf for such services in accordance with the permissions granted, including but not limited to the authorization to terminate, transfer (where permitted by this Agreement), or to modify or purchase additional service(s). You also agree that if you list, directly or by default, CNOBIN.com as a contact for your account for any of the service(s), we have the right, without notice, to remove our name and/or information from any such service(s) and to replace the same with the name and/or information provided by you.
When you register an account or subscribe to our service(s) with us, we provide you with a password or passphrase that can be used to modify your information. It is your responsibility to safeguard your password or passphrase. You accept full responsibility for modifications made to your service(s) using this password or passphrase.
The terms of this Agreement are applicable to any and all of the CNOBIN.com's service(s) you have chosen, including any additional services you may choose in the future which may be offered by CNOBIN.com from time to time.
4.FEES AND PREPAYMENT.
As consideration for the services you have selected, you agree to prepay CNOBIN.com the applicable service(s) fees set forth on our Web site at the time of your selection. All fees are due immediately and are non-refundable.
5.TERM OF SERVICE.
Unless otherwise specified, each CNOBIN.com service, is for a one-year initial term and renewable thereafter for successive one-year terms. Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service 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. Should you select to purchase a multiple year term, each year on the anniversary of the registration CNOBIN.com will pay on your behalf to the registry the required registry fees until the term you have purchased expires or CNOBIN.com is no longer your registrar. Should the registry raise its fees, CNOBIN.com will inform you and collect the difference for the term remaining.
In addition to other termination provisions contained in this Agreement, if you purchase bundled services, any termination relating to such bundle will terminate all CNOBIN.com services included in such bundle. For instance, any domain name registered with or maintained by CNOBIN.com under this Agreement will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, CNOBIN.com will no longer provide the bundled services to you, any leases granted to you shall immediately terminate, and you will cease using such services immediately; provided, however, that CNOBIN.com may, in its sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees for such services, allow you to convert certain services included in the bundled services to stand alone services.
As further consideration for the CNOBIN.com service(s), you agree to:
6.1 provide certain current, complete and accurate information about you as required by the domain name application process;
6.2 maintain and update this information as needed to keep it current, complete and accurate;
6.3 respond within fifteen (15) calendar days to a request by us to update or confirm the accuracy of your information.
We rely on this information to carry out our services for you and comply with the requirements of the registries of domain names and to send you important information and notices regarding your account and our services. Any failure by you to provide or update such information or to respond to our request is a material breach of this Agreement.
8.THIRD PARTY INFORMATION.
You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal information you supply to us as part of our services with regard to:
8.1 the purposes for which such third party's personal information has been collected;
8.2 the intended recipients or categories of recipients of the third party's personal information;
8.3 which parts of the third party's information are obligatory and which parts, if any, are voluntary;
8.4 how the third party can access and, if necessary, rectify the third party's personal information.
You further agree to provide such notice and obtain such consent with regard to any third party personal information you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
9.MODIFICATIONS TO AGREEMENT.
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may:
9.1 revise the terms and conditions of this Agreement;
9.2 change the services provided under this Agreement at any time.
Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the service(s) is posted on CNOBIN.com's Web site or upon notification to you in accordance with Section 25 below. You agree to periodically review our Web site, including the current version of this Agreement available on our Web site, to be aware of any such revisions. If you do not agree with any revision to the Agreement or change to the services, you may terminate this Agreement at any time by providing us with notice in accordance with Section 25 below. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you prior to termination of your Agreement with us are nonrefundable, and you will not incur any additional fees. By continuing to use CNOBIN.com's services ten (10) calendar days after any revision to this Agreement or change in service(s) is posted on our Web site, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation concerning this Agreement or our services made by:
9.2.1. any agent, representative or employee of any third party that you may use to apply for our services;
9.2.2. information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of CNOBIN.com is authorized to alter or amend the terms and conditions of this Agreement.
10.MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account information with us, you must use the account ID and the password or passphrase that was provided to you by CNOBIN.com. Please safeguard your account ID and password or any security authentication option from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account ID and password or passphrase.
You agree that, if your agent purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the ICANN UDRP and the Dispute Policy, whether your agent was authorized by you or not. You certify that your agent 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 and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund any fees paid by you or your agent on your behalf for any reason based on any act or omission of your agent.
12.NOTICES AND ANNOUNCEMENTS.
You authorize us to notify you, as our Customer, of information that we deem is of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and services or other information pertaining to domain names, Internet security or to enhance your identity on the Internet and/or other relevant matters. If you do not wish to receive bulk email solicitation notices or announcements please send us an email at service@CNOBIN.com.
13.LIMITATION OF LIABILITY.
To the extent permitted at law, CNOBIN.com and its parent, subsidiary or affiliated companies, and their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the CNOBIN.com services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to:
13.1 any failure or inability to register the domain name;
13.2 any third party claims arising from or based on your domain name or use of our services;
13.3 access delays or access interruptions;
13.4 data non-delivery or data mis-delivery;
13.5 acts of God;
13.6 the unauthorized use or misuse of your account ID or password or passphrase;
13.7 errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement;
13.8 the deletion of or failure to store email messages;
13.9 the development or interruption of your Web site;
13.10 our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or re-registration fee;
13.11 the application of the ICANN UDRP or the Dispute Policy.
You agree that our entire liability, and your exclusive remedy, with respect to any CNOBIN.com 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).
You agree to release, indemnify, and hold CNOBIN.com and its parent, subsidiary or affiliated companies, and their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising from your domain name registration or use of your domain name or the CNOBIN.com services provided hereunder. When we are threatened with suit or sued 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 material breach of this Agreement. In the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from your domain name registration or use of your domain name or the CNOBIN.com services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.
In addition, you agree to indemnify and hold harmless the applicable registry operator and its directors, officers, shareholders, employees and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.
You agree that your failure to abide by any provision of this Agreement, any CNOBIN.com operating rule or policy, the ICANN UDRP or the Dispute Policy may be considered by us to be a material breach of this Agreement and that we may provide to you a written notice in accordance with Section 25 below, describing the breach, to you. If within ten (10) 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, transfer the domain name to CNOBIN.com and/or terminate the other CNOBIN.com service(s) you are using without further notice. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. 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.
16.REPRESENTATIONS AND WARRANTIES.
You agree and warrant that:
16.1 the information that you or your agent on your behalf provide to us during the application process to register your domain name or to apply for other CNOBIN.com's service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner;
16.2 to the best of your knowledge and belief that neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of any third party;
16.3 you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder;
16.4 you have selected the necessary security option(s) for your domain name registration record;
16.5 you are of legal age of 18 years or over to enter into this Agreement.
You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis.
WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) 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 OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE 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 OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
18.RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to:
Pursuant to ICANN Registry Policy, we reserve the right to refuse to register any domain name(s), or to cancel, transfer or suspend any domain name(s) registered with us within the first thirty (30) calendar days following receipt of your payment for such registration(s). In the event we do not register a domain name or we cancel or transfer a domain name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) with respect to such domain name that you have paid to us. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register any domain name(s) or the cancellation or transfer of any domain name(s).
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.
You agree that this Agreement, the rules and policies published by us, the ICANN UDRP, the Dispute Policy and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the ICANN UDRP, the Dispute Policy and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.
Your rights under this Agreement are not assignable. Any attempt by you to assign your rights shall render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, shall render this Agreement voidable at our option.
You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Province of WA, United States, excluding its conflict of laws rules. You and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of that Province. You agree that any action, suit or application will be brought and heard in WA, United States.
23.AGREEMENT TO BE BOUND.
By applying for the service(s) of CNOBIN.com or an affiliate through our online application process or by applying for and registering a domain name using the service(s) provided by CNOBIN.com or its affiliates under this Agreement. You acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the ICANN UDRP, the Dispute Policy and any pertinent rules or policies that are or may be published by CNOBIN.com or ICANN. In addition, if you are registering other top level or country-code domain names, including, but not limited to .CN, .BIZ, .EU, .ORG, and/or other domain names, you have read and agree to the terms and conditions of those provisions.
All notices to be provided by either party to this Agreement to the other shall be in writing and shall be validly given if sent by email, personal or courier delivery or by ordinary mail as follows:
24.1 to CNOBIN.com, at support@CNOBIN.com, Customer Service, 2700 156th Ave NE Suite 225, Bellevue, WA 98007.
24.2 to Customer, at the email and postal address provided by you as part of the application process for the domain name registration. Any notice sent by email shall be deemed to have been received upon receipt; by personal or courier delivery on the date of delivery, and by post on the 5th calendar day after mailing.
Acceptance of Agreement.
By clicking on the "I have read and agreed to the Cnobin.com's Joint Agreement." button, You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of this agreement and are not relying on any representation agreement, guarantee or statement other than as set forth in this agreement.