Terms and Condition

INTRODUCTION

This is an Agreement between "You" and Deodata Integrated Services Ltd. In this Service Agreement ("Agreement"), "You" and "Your" shall refer to Yourself as the customer and Your agents, including each person listed in Your account information as being associated with Your account, while "we", "us" and "our" refer collectively to Deodata. This Agreement explains the mutual obligations between You and Deodata based upon Your purchase of services through Deodata. By purchasing a service through Deodata, You agree to establish an account with us and to be bound by the terms of this Agreement for transactions entered into by You or on Your behalf by anyone acting as Your agent. You also agree to be bound by the terms of this Agreement for transactions entered into by anyone who uses Your account with Deodata, whether or not the transactions were on Your behalf and whether or not the transactions were with Your permission. You agree that Deodata’s acceptance of any registration, application and/or transaction request made by You for services or products provided by Deodata will occur in Lagos, Nigeria and is guided by the laws of the Federal Republic of Nigeria.

Part 1: GENERAL PROVISIONS

1. FEES & PAYMENT.

As consideration for the services and products ("services") You purchase from Deodata, You agree to pay Deodata the applicable fees set forth on our web site at the time of Your purchase, or, if applicable, upon receipt of Your invoice from Deodata. You agree to pay Deodata at the time service is provided. You agree that all payments of fees for Deodata services or its Agents shall be made in Nigerian Nai ra. You agree that any payments sent in currency other than Naira will be returned to You at Your expense. You further agree to pay all fees by providing a valid credit card, or PayPal information, for immediate charge by Deodata, or by immediately mailing a valid check or money order to the address stated on our web site, or by wire transfer, or any other means specified on our web site at the time of Your purchase. You agree that all fees are due immediately and are non-refundable, except as otherwise expressly stated in this Agreement. You acknowledge that You have the option to "pre-pay" for Deodata services, by depositing funds using one of the payment methods described herein, for use as account credit in the purchase of Deodata services. You agree that any and all account credits and/or "pre-payments" shall be non-refundable and shall not be redeemed for cash, except as otherwise expressly stated in this Agreement. If for any reason Deodata is unable to charge Your credit card, debit Your PayPal account, cash Your check, process your bank wire or draw from Your account credit, for the full amount You owe to Deodata for the services provided by Deodata, You agree that Deodata may pursue any and all available remedies in order to enforce payment, including, but not limited to, immediate cancellation without notice to You of any service provided by Deodata to You. You understand and agree that Deodata will charge You a fee for any bounced check. The fee for a bounced check is as stated by th Central Bank of Nigeria and is subject to change under this Agreement, as specified on our website, or as specified in our notices to You at the time of handling Your bounced check. You understand and agree that if Your payment by wire transfer is below the minimum amount for a wire transfer as set forth on our web site – Deodata will charge You a processing fee. You further acknowledge that any non-Nigeria based wire transfer may be subject to fees from intermediary banks. You agree that Deodata reserves the right to charge You, by charging to the credit card or web-based payment service account You have on file with Deodata or by sending You an invoice, additional service fees for administrative services above and beyond the scope of customer service issues ordinarily and reasonably handled by email, or for handling disputes that require legal services. You understand and agree that Deodata has no obligation to commence services to You until we receive and successfully process Your payment.

2. TERM OF AGREEMENT.

The term of this Agreement shall continue in full force and effect as long as You have any customer account with Deodata.

3. TERM OF SERVICE; RENEWAL OF SERVICES.

Unless otherwise specified on our web site or herein, each Deodata service is for a one-year initial term, and is renewable thereafter for successive one to ten-year terms, as set forth during the renewal process or on our web site. Any renewal of Your services with Deodata is subject to our then-prevailing terms and conditions. You acknowledge and agree that the renewal price may be higher or lower than the price You paid for the then-current term of service. You acknowledge that it is Your sole responsibility to keep Your own records and to maintain Your own reminders regarding when Your services are set to expire. As a convenience to you, and not as a binding commitment, Deodata may notify You via an email message or via Your account when renewal fees are due. If for any reason You do not complete timely payment of fees in connection with Your renewal transaction, Your services will expire or be cancelled. If You select automatic renewal of Your services, Deodata may attempt to renew the services a reasonable time before expiration, for a term equivalent to Your original registration, at our then-current prices, provided Your payment information is available and up to date. If, for any reason whatsoever, Deodata is unable to successfully process any automatic renewal transaction, and You fail to remedy the problem, Your services will expire. You agree that You are solely responsible for the payment information You provide to Deodata and must promptly notify Deodata of any changes or updates to Your payment information (e.g., change of expiration date or account number). You acknowledge that Deodata is not required to, but that we may, contact You to update Your payment information in the event that an attempted transaction is not processed successfully. You understand and agree that Deodata accepts no responsibility and shall have no liability to You or any third party in connection with the renewal of services, including, but not limited to, any failure or errors in renewing such services, or losses or damages related to any cancellation, discontinuation, expiration, or termination of services as a result of such failures or errors in renewing such services. You understand and agree that You bear the sole responsibility of renewing Your services with Deodata by logging on to Your Deodata account and completing the renewal process, or by taking whatever actions are required or requested by Deodata in order to complete the renewal process. In all cases, domain name renewal transactions are final, irreversible, non-refundable, and ineligible for account credit.

4. ACCURACY OF INFORMATION; UPDATING INFORMATION.

You agree to provide true, accurate, current, and complete information about You as required by the registration and/or application process ("Account Information"). You agree to maintain and update Your Account Information when purchasing services, in order to keep the information accurate, current, and complete. You agree to notify Deodata within five (5) business days when there is a change to any of Your Account Information. You agree to respond within five (5) business days to any inquiries Deodata may make to determine the validity of any information provided by You. You understand that Deodata relies on the Account Information to send You important information and notices regarding Your account and our services. Failure by You for any reason to provide Deodata with accurate and reliable information at any time, or to timely respond to any inquiries to verify the information You provide, shall be considered a material breach of this Agreement.

5. PRIVACY; USE OF INFORMATION.

You agree to be bound by Deodata’s privacy policy that is incorporated herein by reference, and that is located on our web site at http://www.Deodata.com/privacy_policy.html. You agree that Deodata, in its sole discretion and at no liability to You for any resulting loss or damage, may modify our privacy policy. Revised privacy policies will be posted on our web site at the above link. You agree that, by using our services or maintaining any domain name registered through Deodata, after modifications to our privacy policy have become effective, You have agreed to these modifications. You agree to periodically review our web sites to make Yourself aware of any such revisions or changes. You agree that, if You do not agree to any modification, You may terminate this Agreement without refund or credit to You of any fees paid by You to Deodata.

You agree that for each domain name You register with Deodata, the following information will be made publicly available in ICANN’s WHOIS directory, may be shared with third parties, and may otherwise be made publicly available by Deodata: (1) the domain name registered; (2) Your name and postal address; (3) email address, postal address, telephone and facsimile numbers for Your designated technical and administrative contacts; (4) internet protocol ("IP") numbers for the primary and secondary name servers, and corresponding names of such name servers; and, (5) the date of registration and expected expiration date. In addition, You agree that for each domain name You register with Deodata, Your personal data associated with Your domain registration will be shared with a third party data escrow service, in compliance with ICANN regulations, such as Iron Mountain Digital or another data escrow service provider. You further agree that for each domain name You register with Deodata, Your personal data associated with Your domain registration will be shared with the applicable central registries.

If You resell any domain name that You obtained through Deodata, You agree to provide information about the use of personal information, as set forth herein and in Deodata’s privacy policy, to any person or entity from whom You collect personal information. You agree to obtain consent and evidence of consent to the use of such personal information from any person or entity from whom You collect personal information.

You understand and agree that Deodata shall take reasonable precautions to protect Your personal data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. By using our services or maintaining any domain name registered through Deodata, You understand and agree that Deodata shall not be liable in any event for any direct, indirect, incidental, special or consequential damages resulting from, related to, or arising out of (1) a technical malfunction and/or, (2) Your decision to post Your personal data on Deodata's public webpages of our website (forums, blog, etc.).

6. ACCOUNT SECURITY.

To access or use Deodata’s services or to modify Your account, You may be required to establish an account and obtain a user name, account ID and/or number, and/or password. You authorize Deodata to process any and all account transactions initiated through the use of Your password or other account information. You agree that You are solely responsible for maintaining the confidentiality of Your password and account information. You agree to immediately notify Deodata of any unauthorized use of Your password and/or Your account, or any other breach of security. You agree to participate in any and all security features made available to You by Deodata, including but not limited to Secret Questions, locking features, or other security mechanisms, by providing complete, accurate, and truthful information. You agree that, if You participate in a security mechanism that results in a charge, fee, and/or liability imposed by a third party (e.g., text messaging charges from a mobile telephone provider resulting from the use of Deodata’s Account Lock Feature), You are solely responsible for such charges, fees, and/or liabilities. You also agree that You are solely responsible for any and all charges, liabilities, and/or activities that occur on Your account, whether initiated by You, by others on Your behalf, or unauthorized, or by any other means. You agree that in no event shall Deodata be liable for any loss whatsoever that You may incur as a result of someone else using Your password, account, and/or account information, either with or without Your knowledge or consent. You further agree that You could be held liable for any losses incurred by Deodata or another party due to someone else using Your password, account, or account information. Deodata specifically disclaims any liability for any activity occurring on Your account, whether authorized by You or not. You agree that Deodata may log off, delete, disable, or deactivate any account that is inactive for an extended period of time. You understand and agree that, if You or any third party acting on Your behalf requests to have the email address associated with Your Deodata account reset by Deodata staff, You will pay Deodata the applicable fee as stated on our web site.

7. RIGHT OF REFUSAL; CANCELLATION OF SERVICES; ACCEPTABLE USE POLICY.

You agree that Deodata, in its sole discretion and without liability to You for any resulting loss or damages, may refuse to accept or may delete the registration, application and/or transaction request of any service You may purchase through Deodata. In the event Deodata refuses or deletes Your registration, application and/or transaction request for a service through Deodata within the times specified in the applicable sections of this Agreement, Deodata may issue an account credit of any applicable fee(s) You have paid to Deodata in connection with the registration being refused or canceled.

You further agree that Deodata, in its sole discretion and without liability to You for any resulting loss or damages, may delete, suspend, cancel, terminate, or otherwise interrupt any and all services You may purchase through Deodata, or Your customer account with Deodata, at any time during the term of this Agreement, if such service or account is used in association with morally objectionable activities.

Morally objectionable activities include, but are not limited to, the transmission of unsolicited mail or "spam"; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities that promote unlawful behavior, such as hate crimes, terrorism, or child pornography; activities that are designed to or that effectively defame, slander, harass, embarrass, threaten, abuse, or harm third parties; activities that impersonate the identity of any third parties; activities that are harmful to minors in any way; activities that constitute fraud or that have a fraudulent purpose; activities that are designed to or that effectively infringe upon the copyright, trademark, trade secret, or other intellectual property rights of a third party; and activities that constitute or promote obscenity, profanity, indecency, tortuous behavior, racism, bigotry, hatred, vulgarity, harassment, invasion of privacy or publicity rights of a third party, or physical harm of any kind against any group or individual; or any other objectionable material or activity of any kind or nature as Deodata in its sole discretion may determine.

You agree that any use of Your account with Deodata, whether or not on Your behalf and whether or not with Your permission, in association with any morally objectionable activities shall constitute a material breach of this Agreement. In the event that Deodata deletes, suspends, cancels, terminates, or otherwise interrupts any service to You or Your customer account for use in association with morally objectionable activities, any and all fees paid to Deodata shall be non-refundable and ineligible for account credit.

8. INTELLECTUAL PROPERTY.

Except as otherwise set forth herein, You agree that all rights, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, and software; and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Deodata services identified herein ("Deodata Intellectual Property Rights") are owned by Deodata or its licensors, and you agree to make no claim of interest in or ownership of any such Deodata Intellectual Property Rights. You acknowledge that no title to the Deodata Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in Deodata’s or its licensors’ services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by Deodata and all right, title and interest in and to each such Derivative Work shall automatically vest in Deodata. Deodata shall have no obligation to grant you any right in any such Derivative Work.

9. REPRESENTATIONS & WARRANTIES.

You agree and warrant that: (i) You have all requisite power and authority to execute this Agreement and to perform Your obligations hereunder; (ii) You are of legal age to enter into this Agreement, or You are at least thirteen (13) years of age and have Your parents’ permission to apply for services hereunder; (iii) neither Your registration, application, and/or transaction request, nor use of any of Deodata’s services, nor the manner in which You intend to use Deodata’s services will directly or indirectly infringe the legal rights of a third party; and, (iv) You agree to comply with all applicable laws and regulations. You further agree that Deodata shall not be bound by any representations made by any third party who You may use to obtain services from Deodata. You understand and agree that any statements of a general nature which appear in Deodata’s promotional materials, including but not limited to its web site, emails, account notices, or advertisements, shall not bind Deodata.

10. DISCLAIMER OF WARRANTIES.

You agree that the use of our services is solely at Your own risk, and that our services are provided on an "as is" and "as available" basis. WE EXPRESSLY DISCLAIM 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. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES OR AS TO THE CORRECTNESS, ACCURACY OR RELIABILTY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES WE PROVIDE. WE MAKE NO WARRANTY REGARDING ANY GOODS, SERVICES, OR PRODUCTS OBTAINED THROUGH THE USE OF OUR SERVICES OR THROUGH ANY TRANSACTION ENTERED THROUGH THE USE OF OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED, ACCESSED, OR OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OR ADVICE YOU OBTAIN FROM US OR THROUGH THE USE OF OUR SERVICES DOES NOT CREATE ANY WARRANTY AND THAT YOU MAY NOT RELY ON SUCH INFORMATION AND ADVICE.

11. TERMINATION OF AGREEMENT.

You agree that, should You cancel or terminate this Agreement with Deodata, You will not receive any refund or credit of any fees You may have paid to Deodata, except as otherwise expressly stated herein. Should You elect to cancel or terminate this Agreement with Deodata, You agree to provide at least thirty (30) days written notice to Deodata in the manner prescribed in this Agreement.

You agree that Deodata may terminate this Agreement or any part of its services at any time, and without notice to You, in the event of a breach of this Agreement or if termination is or becomes required by any policy of ICANN. You agree that Your failure to completely comply with the provisions of this Agreement or any rule or policy of Deodata may constitute a material breach of this Agreement. Should Deodata cancel, discontinue, or terminate Your account, this Agreement, or any services it provides to You as a result of any breach of this Agreement, no fees will be refunded or credited to You. Deodata’s failure to notify You or act upon any possible breach by You, shall not excuse You from the breach and shall not constitute a waiver of Deodata’s right to notify You or act upon such breach at a later time.

12. MODIFICATION.

You agree that, during the term of this Agreement, Deodata may (1) revise the terms and conditions of this Agreement from time to time; and/or, (2) change the services it provides under this Agreement at any time. You agree to be bound by any such changes and revisions when such changes become effective. Any such changes or revisions shall become binding and effective thirty (30) days after posting of the revised Agreement on our web site or change to the services on our web site, or upon notification to You by email or United States mail. You agree to periodically review our web site to make Yourself aware of any such revisions or changes. If You do not agree with any revision or change to this Agreement, You may terminate this Agreement at any time by providing us with written notice, and You agree that any fees paid by You to Deodata are non-refundable and ineligible for credit.

You understand and acknowledge that Deodata is an approved domain name registrar bound by an agreement between itself and the Internet Corporation for Assigned Names and Numbers ("ICANN"), and bound by various agreements between itself and various central registries for top-level domain names. You agree that Deodata may modify this Agreement in order to comply with applicable law and the terms and conditions required by ICANN or any such central registry.

13. ASSIGNMENT & RESALE.

Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, or otherwise, renders this Agreement voidable at Deodata’s discretion.

If You resell any domain name registered with Deodata, You agree to inform any customer of Yours of the fact that they are registering their domain name through Deodata, an accredited registrar of ICANN. You further agree not to represent, whether orally, in writing, or by symbols, that You are an accredited registrar of ICANN or that You are an authorized reseller of Deodata’s services. You agree to obtain from any customer of Yours acceptance of, and evidence of acceptance of, Deodata’s then-prevailing Service Agreement. You agree to obtain from any customer of Yours, and provide to Deodata within five (5) days, such customer’s updated, complete, and accurate personal information in accordance with ICANN requirements and this Agreement. Any Agreement You enter with any customer of Yours shall not conflict with Deodata’s Service Agreement or any policies of ICANN. You understand and agree that if You resell any service obtained through Deodata, You are not a registrar or hosting provider, and You shall not attempt to access Deodata’s registrar connections, registry access, or hosting servers. You understand and agree that if you resell any service obtained through Deodata and any customer of Yours violates any provision of Deodata’s Service Agreement or any policy of ICANN, Deodata reserves the right to cancel, terminate, or otherwise interrupt Your customer account or any and all services. You understand and agree that if you resell any service obtained through Deodata, You hereby assume full and complete responsibility for, and agree that Deodata shall have no responsibility or liability for, any and all activities, complaints, or cancellations by the party to whom You resell Deodata’s services. You further agree to indemnify, defend, and hold harmless Deodata against any claims, losses, and liabilities relating to or arising out of Your resale of Deodata’s services, and as more fully described in the Indemnification to Deodata section of this Agreement.

14. THIRD PARTY TRANSACTIONS.

Deodata shall not be responsible for and shall have no liability with respect to any services or products purchased or obtained by You from a third party.

15. LIMITATION OF LIABILITY.

You agree that Deodata’s entire liability, and Your exclusive remedy in law, in equity, or otherwise, in connection with any service provided to You by Deodata under this Agreement and/or for any breach of this Agreement by Deodata shall be limited to the amount of the fees You paid to Deodata for the particular service during the term of this Agreement. Deodata PROVIDES ITS SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. Deodata SHALL NOT BE LIABLE IN ANY EVENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM, RELATED TO, OR ARISING OUT OF THE USE OR INABILITY TO USE ANY OF Deodata’S SERVICES OR FOR THE EXPENSE OF OBTAINING ALTERNATE SERVICES. To the extent that the laws of certain states do not permit the limitation or elimination of liability for certain types of damages, Deodata’s liability shall be limited to the smallest amount permitted by law in such states.

You understand and agree that Deodata disclaims any loss or liability resulting from: (1) access delays or access interruptions to our web site or domain name registration system; (2) data non-delivery or data mis-delivery; (3) acts of God; (4) the unauthorized use or misuse of Your account or any of the services provided to You by Deodata; (5) the inadvertent disclosure or theft of Your personal information; (6) errors, omissions, or misstatements in any and all information by Deodata; (7) the deletion of, failure to store, or failure to process or act upon email messages or other mail; (8) the development or interruption of Your web site or Your Deodata web site; (9) errors in connection with the processing of Your application; (10) the processing of updated information to Your account; (11) the application of Deodata’s or any Registry Operator’s dispute resolution policy; (12) the loss of registration, processing of, or use of any domain name; (13) the failure to renew the right to use a domain name, for any reason; (14) the failure or processing of any transfer request, for any reason; (15) any corrective action Deodata may take on Your customer account or services provided by Deodata to You as a result of Your violation of any term of this Agreement; (16) any act or omission, whether authorized by You or not, that is caused by You or Your agent; (17) any rejection, cancellation, suspension, interruption, or termination of services provided by Registry Operators or third party vendors for any reason whatsoever; or, (18) submission of proposed registration requests to Registry Operators, including without limitation, Your ability or inability to obtain a particular domain name.

16. INDEMNIFICATION TO Deodata.

You agree to release, indemnify, defend, and hold harmless Deodata, and any of its contractors, agents, employees, officers, directors, shareholders, members, affiliates, and assigns from and against any losses, liabilities, claims, damages or costs, including reasonable attorneys’ fees and expenses, relating to or arising out of Your registration, application, transaction request, resale, or use of services provided by Deodata and Your account with Deodata, whether by You, Your agent, or anyone else, whether or not on Your behalf, and whether or not with Your permission. Should Deodata be threatened with a lawsuit or receive notice of a filed or pending lawsuit by a third party, Deodata may seek written assurances from You concerning Your promise to indemnify Deodata. Your failure to provide such written assurances may be considered a material breach of this Agreement. You agree that such indemnification obligation shall survive the termination or expiration of this Agreement.

17. SEVERABILITY.

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

18. NOTICES.

You agree that all notices concerning breach of this Agreement may be sent to the email address You provide to Deodata or mailed by first class postage to the postal address You provide to Deodata. Such notices shall be deemed delivered within five (5) days after the date sent. You agree that all other notices may be posted on our web site and shall be deemed delivered within thirty (30) calendar days of posting.

You agree that all notices from You to Deodata shall be sent by email or by first class postal mail to the address provided on our web site, which shall be deemed delivered five (5) days after the date sent. In no event may notices be made by telephone.

You authorize Deodata to notify You as our customer of information that we deem is of potential interest to You, including commercial emails, telephone calls, notices of changes, upgrades, new products and services, or other information pertaining to Your account.

19. GOVERNING LAW; VENUE; WAIVER OF RIGHT TO JURY TRIAL.

This Agreement shall be deemed entered into in the State of California. This Agreement shall be governed by the laws and judicial decisions of the State of California. You agree to submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the United States District Court for the Northern District of California for any and all disputes concerning, relating to, or arising out of this Agreement, or between You and Deodata, whether or not such disputes also involve other parties. If there is no jurisdiction in the United States District Court for the Northern District of California, then You agree that jurisdiction shall be in the courts of San Mateo County, California.

You agree to waive the right to trial by jury in any proceeding that arises out of or relates to this Agreement.

20. WAIVER.

No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Deodata. Waiver of any one provision of this Agreement by Deodata shall not constitute a waiver of any other provision of this Agreement, and shall not affect our right to require performance, enforce, or seek all legally available remedies for breach of any other provision of this Agreement.

21. MERGER; ENTIRE AGREEMENT.

This Agreement, and any rules, policies, or documents incorporated by reference in this Agreement, including, but not limited to, the dispute resolution policy and the privacy policy, constitutes the complete, entire, and exclusive Agreement between You and Deodata regarding our services. No other Agreements or understandings, whether written, oral, or by custom, habit, practice or policy, affect the scope or applicability of this Agreement.

22. HEADINGS.

The section headings in this Agreement are for the purpose of convenience only, and are not intended to and in no way define, describe, limit, expand, or construe the scope of any provision or its applicability.

23. FORCE MAJEURE.

Neither party shall be deemed in default or shall hold the other party responsible for any failure or delay in the performance of its obligations under this Agreement in the event of an Act of God, earthquake, flood, fire, storm, natural disaster, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section shall have given prompt written notice to the other party of such event within five (5) days within the occurrence of such event, and shall have taken all reasonably necessary steps to mitigate the effects of the event. Should the force majeure event persist for a period of more than thirty (30) days, Deodata may at its option terminate this Agreement.

24. AGREEMENT TO BE BOUND.

By registering, applying, and/or requesting a service with Deodata, or by using services provided by Deodata, You acknowledge that You have read and agree to be bound by all terms and conditions of this Agreement and any rules, policies, or documents incorporated by reference.

PART 2: DOMAIN NAME REGISTRATIONS

The following additional terms and conditions contained in this Part of the Agreement may apply if You purchase domain name registration services from Deodata.

1. TERM OF REGISTRATION.

Unless otherwise specified on our web site, each domain name registration with Deodata is for a one-year initial term. However, some domain names may be registered for a term of up to ten years, as set forth on our web site.

2. DISPUTE RESOLUTION.

You agree to be bound by Deodata’s dispute resolution policy that is incorporated herein by reference, and that is located on our web site at http://www.Deodata.com/icann_dispute.html. You agree that Deodata, in its sole discretion and at no liability to You for any resulting loss or damage, may modify our dispute resolution policy at any time, without notice. Revised dispute resolution policies will be posted on our web site and are effective immediately. You agree that, by maintaining any service through Deodata, after modifications to our dispute resolution policy have become effective, You have agreed to these modifications. You agree to periodically review our web site to make Yourself aware of any such revisions or changes. You agree that, if You do not agree to any modification, You may terminate this Agreement without refund or credit to You of any fees paid by You to Deodata.

For the adjudication of any disputes brought by a third party against You concerning or arising from Your use of a domain name registered with Deodata or Your use of our services, You (but not Deodata) agree to submit to subject matter jurisdiction, personal jurisdiction, and venue of the United States District Court for the Northern District of California and the courts of Your domicile. You agree that in the event a dispute arises with any third party, You will indemnify, defend, and hold Deodata harmless pursuant to the terms and conditions set forth in this Agreement. You agree that, if Deodata is notified that a complaint has been filed with a judicial or administrative body regarding Your use of our services, You will not make any changes to Your account or services without our prior approval, and that Deodata may take whatever action it deems necessary, in its sole discretion, regarding modification, assignment and/or control of the service or account. You understand and agree that, if Deodata is notified of a complaint or dispute concerning or arising from Your use of a domain name registered with Deodata or Your use of our services, Deodata may submit a Registrar Certificate or relinquish custodianship and/or control over a domain name, service, or account to a judicial or administrative body, as it deems necessary, in its sole discretion. You understand and agree that Deodata will comply, if so obligated, with all court orders, domestic or international, directed against You and/or the domain name registration.

3. RESTORATION OF AN EXPIRED DOMAIN.

Unless otherwise specified herein or on our web site, the following terms and conditions apply to expiring domain name registrations.

Post-Expiration Period. If You fail to renew Your domain name before the designated expiration date, You understand and agree that the domain name registration will enter a "Post-Expiration period". During the Post-Expiration period, Deodata will place the domain on Hold and You will lose access to and use of the domain, and any web site operating at the expired domain will have its name servers suspended. In addition, You will not be able to transfer the domain to another registrar or to change the registrant information. Further, You will lose any and all rights in, or claim to, any revenue generated from domain parking services, if any, beginning from the date of expiration of the domain name registration. You understand and agree that, at the start of the Post-Expiration period, Deodata will provisionally renew the domain on Your behalf in order to preserve Your ability to renew the domain name registration during the Post-Expiration period. To this end, even though the expiration date may appear to be extended for an additional term in ICANN’s WHOIS directory, You understand and agree that You in fact have not renewed the domain name, and therefore have no rights in, or claim to, the domain name, or use thereof, until You pay the renewal fee to Deodata in the amount specified on our web site. Unless otherwise specified in this Agreement, the Post-Expiration period will last for forty (40) days or until You pay the renewal fee to Deodata in the amount specified on our web site. You understand and agree that, if You have not renewed the domain by the thirtieth (30th) day of the Post-Expiration period, Deodata may put the domain name up for auction in its Marketplace pursuant to the terms set forth in this Agreement. During a Marketplace auction, You may still renew the domain until the end of the Post-Expiration period. If You fail to renew the domain during the Post-Expiration period, regardless of reason or fault, You understand and agree that Deodata may, in its sole discretion and without any responsibility or liability to You, make a final and irreversible transfer of the domain to another party. In such cases, there is no Deletion period.

Deletion Period. After the Post-Expiration period has elapsed, and if the domain has not been sold at auction in the Marketplace, the domain name may be flagged for Deletion with the central registry for a period of thirty (30) days ("Deletion period"). During this Deletion period, You may restore Your domain by paying a Restoration fee to Deodata, in the amount specified on our web site at http://www.Deodata.com/company/prices.html, and is subject to change under this Agreement or as specified on our web site at the time of restoration. Domain restoration transactions are final, irreversible, non-refundable, and ineligible for account credit. If You successfully restore an expired domain before the end of the Deletion period, You cannot transfer the domain for a period of sixty (60) days. If You fail to restore the domain by the end of the Deletion period, the domain name registration will be deleted from the central registry and released to the public. You understand and agree that there is no Deletion period where: (a) a domain has been sold at auction and transferred to the winning bidder; or, (b) the central registry restricts the ability to restore certain domain extensions.

Transfers After Renewals During Post-Expiration Period. You understand and agree that if You transfer a domain name that has been recently renewed there is the potential that the renewal year will be lost. The renewal year will be lost if the domain name is renewed within forty-five (45) days following the domain expiration date and transferred within that same forty-five day period. You understand and agree that Deodata is not responsible or liable for this lost year, and that Deodata will not refund or credit that lost year to You.

No .WS Restoration. The Post-Expiration period for .ws domain name registrations will last for twenty-five (25) days or until You pay the renewal fee to Deodata in the amount specified on our web site. After the Post-Expiration period has elapsed, the domain name will be immediately deleted from the central registry, and the domain name will be released to the public. There is no Deletion period for .ws domain names.

No .UK Restoration. If You fail to renew a .uk domain name before the designated expiration date, there is a thirty-seven (37) day grace period in which You may renew the domain name. If You fail to renew a .uk domain name before the end of the grace period, the domain name registration will enter the Post-Expiration period. This Post-Expiration period will last for sixty (60) days or until You pay the renewal fee to Deodata in the amount specified on our web site. After the Post-Expiration period has elapsed, the domain name will be immediately deleted from the central registry, and the domain name will be released to the public. There is no Deletion period for .uk domain names.

No .EU Post-Expiration Period. If You fail to renew a .eu domain name before the designated expiration date, the domain name registration will enter the Deletion period. The Deletion period will last for forty (40) days or until You pay the Restoration fee specified on our web site. After the Deletion period has elapsed, the domain name will be immediately deleted from the central registry, and the domain name will be released to the public. There is no Post-Expiration period for .eu domain names.

No .NAME Restoration. The Post-Expiration period for .name domain name registrations will last for forty (40) days or until You pay the renewal fee to Deodata in the amount specified on our web site. After the Post-Expiration period has elapsed, the domain name will be immediately deleted from the central registry, and the domain name will be released to the public. There is no Deletion period for .name domain names.

No .BE Post-Expiration Period. If You fail to renew a .be domain name before the designated expiration date, the domain name registration will enter the Deletion period. The Deletion period will last for forty (40) days or until You pay the Restoration fee specified on our web site. After the Deletion period has elapsed, the domain name will be immediately deleted from the central registry, and the domain name will be released to the public. There is no Post-Expiration period for .be domain names.

No .PL Post-Expiration Period. If You fail to renew a .pl domain name before the designated expiration date, the domain name registration will enter the Deletion period. The Deletion period will last for fifteen (15) days or until You pay the Restoration fee specified on our web site. After the Deletion period has elapsed, the domain name will be immediately deleted from the central registry, and the domain name will be released to the public. There is no Post-Expiration period for .pl domain names.

No .DE Restoration Period. The Post-Expiration period for .de domain name registrations will last anywhere from zero (0) to twenty-five (25) days or until You pay the renewal fee to Deodata in the amount specified on our web site. After the Post-Expiration period has elapsed, the domain name registration will enter the TRANSIT period. The TRANSIT period will last twenty-eight (28) days or until You either:

  1. (1) Pay DENIC eG the Domain Administration fee listed on their web site (http://www.denic.de/en/preisliste.html) or,
  2. (2) Transfer Your domain name to a .de provider or,
  3. (3) Submit a request to DENIC eG to delete Your domain name.

After the TRANSIT period has elapsed, the domain name will be immediately deleted from the central registry, and the domain name will be released to the public. There is no Restoration period for .de domain names.

No .AT Post-Expiration Period. No .AT Restoration Period. If You fail to renew a .at domain name five (5) to thirty (30) days before the designated expiration date, the domain name registration will enter the Deletion period after the designated expiration date has passed. The Deletion period will last for fifty-six (56) days or until You pay nic.at Internet Verwaltungs- und Betriebsgesellschaft m.b.H. the Annual Renewal fee listed on their web site (http://www.nic.at/en/service/domain_registration/fees/). After the Deletion period has elapsed, the domain name will be immediately deleted from the central registry, and the domain name will be released to the public. There is no Post-Expiration period or Restoration Period for .at domain names.

No .IM Restoration. The Post-Expiration period for .im domain name registrations will last for thirty (30) days or until You pay the renewal fee to Deodata in the amount specified on our web site. After the Post-Expiration period has elapsed, the domain name will be immediately deleted from the central registry, and the domain name will be released to the public. There is no Deletion period for .im domain names.

No .LA Post-Expiration Period. If You fail to renew a .la domain name before the designated expiration date, the domain name registration will enter the Deletion period. The Deletion period will last for thirty (30) days or until You pay the Restoration fee specified on our web site. After the Deletion period has elapsed, the domain name will enter a five (5) day waiting period before it is deleted from the central registry and released to the public. There is no Post-Expiration period for .la domain names.

Thirty-five (35) day .FM Deletion Period. The Post-Expiration period for .fm domain name registrations will last for forty (40) days or until You pay the renewal fee to Deodata in the amount specified on our web site. After the Post-Expiration period has elapsed, the domain name registration will enter the Deletion period. The Deletion period will last for thirty-five (35) days or until You pay the Restoration fee specified on our web site. After the Deletion period has elapsed, the domain name will enter a five (5) day waiting period before it is deleted from the central registry and released to the public.

No .LT Post-Expiration Period. If You fail to renew a .lt domain name before the designated expiration date, the domain name registration will enter the Deletion period. The Deletion period will last for thirty (30) days or until You pay the Restoration fee specified on our web site. After the Deletion period has elapsed, the domain name will be immediately deleted from the central registry, and the domain name will be released to the public. There is no Post-Expiration period for .lt domain names.

4. DOMAIN PARKING SERVICES.

By default, newly registered domains are parked at Deodata. Domain parking is one way for users to know that the domain registration was successful. You understand and agree that this is the default setting and that Deodata is authorized to implement a parked page for Your newly registered domain name until such time as You specify name servers in Your account settings. You further understand and agree that the parked page may contain third party commercial advertising and links back to Deodata’s web site. You understand and agree that You have the option of changing this default behavior in Your account settings to use Your own name servers for subsequent domain name registrations. If You leave the parked page in its default condition, You understand and agree that You have the option of having Your parked page display one of two options: (1) a regular parking page with links back to Deodata’s web site but with no third party advertising; or, (2) a revenue-generating parking page with links back to Deodata’s web site along with third party links and commercial advertising ("Revenue Parking"). You agree that domain parking services are offered free of charge.

Revenue Parking. In order to use Deodata’s Revenue Parking service, You must have an unexpired domain name registered with Deodata. If You use Revenue Parking, You agree that Deodata may point the domain name or DNS to one of Deodata’s or Deodata’s affiliate’s web pages, and that they may place advertising on your web page and that Deodata specifically reserves this right. Under the Revenue Parking service, Deodata or its affiliates will (i) place advertising links on Your parked page; (ii) generate revenue from the advertising links on a per click basis; and, (iii) share a portion of the revenue generated with You in the form of Deodata account credit. Deodata shall use commercially reasonable efforts to provide You with accurate weekly estimates of the revenue Your Revenue Parking parked page generates. You acknowledge and agree that any such estimates are not an exact determination, do not represent an exact determination, and that the actual amount(s) determined at the end of any revenue generating period may be different. Additionally, in calculating the distribution of revenue generated under this program, amounts may include fractions of a cent. Deodata shall use commercially reasonable efforts to round these amounts up or down to the nearest cent. However, You acknowledge and agree that in calculating the distribution of revenue generated by any Revenue Parking parked page, Deodata’s determination, in its sole discretion, of any amount owed to You shall be the final and binding determination. In addition, You acknowledge and agree that Deodata, in its sole discretion, may rescind, reverse, cancel, or modify any amounts of revenue shared, such as by deducting account credits placed into Your account or terminating Your services or any other manner it deems appropriate, in the event of notice of possible abuse of the Revenue Parking service, mathematical, technical, or human error, violation of this Agreement, or for any reason whatsoever as determined in Deodata’s sole discretion. You understand and agree that Deodata will not share with You any revenue generated during the Post-Expiration period, or during any period where Your domain is expired, is flagged for deletion, has not been renewed, or is past the term of registration that You paid for.

Revenue Parking Restrictions. You understand and agree that You may not generate revenue through Your Revenue Parking parked page by clicking on Your own Revenue Parking parked page advertising links. You further understand and agree that You may not generate traffic to Your Revenue Parking parked page by listing on newsgroups, bulk e-mailing, ICQ posting, chat room posting, iframes, zero pixel frames, hitbots, clickbots, spiders, cgi-scripts, JavaScript, click farms, or any other similar method. In addition, You understand and agree that You may not beg, ask, entice, or incentivize users into clicking on Your Revenue Parking parked page advertising links. You further understand and agree that You may not mislead visitors into believing they might receive anything other than an internet search page and/or results by clicking on a textlink or search box. You also understand and agree that You may not alter, modify, interrupt, or interfere with the normal and intended operation of the Revenue Parking service as operated by Deodata, or with the advertising links and search results contained therein.

Deodata’s Rights. Deodata provides its domain parking services exclusively and makes no effort to edit, control, monitor, or restrict the content of data other than as necessary to provide such services. The services provided, including but not limited to the advertisements, shall be based upon the content of Your web site and may include, but are not limited to, advertisements of Your competitors. Deodata explicitly reserves the right to review and monitor every parked page, and to take corrective action as it deems fit in its sole discretion.

5. INTERRUPTION OF DOMAIN SERVICES.

You agree that Deodata may suspend, cancel, or transfer Your registration of a domain name in order (i) to correct mistakes made by us, another registrar, or the registry in registering Your chosen domain name, or (ii) to resolve a dispute under our dispute resolution policy.

In the event that Deodata refuses the registration of Your chosen domain name or deletes a pending registration of Your domain name within the first five (5) days of registration of such domain name, You may receive, at Deodata’s sole discretion, an account credit or refund for any applicable fee(s) You have paid to Deodata in connection with the registration being refused or canceled, less the applicable deletion fee. Account credit or refunds are not available in all circumstances, including but not limited to, where a domain is Restored or renewed.

In the event that Deodata refuses Your request for Domain Privacy Service or cancels a pending or existing order for Domain Privacy Service within the first fifteen (15) days of purchase of such service, You may receive, at Deodata’s sole discretion, an account credit or refund for any applicable fee(s) You have paid to Deodata in connection with the service being refused or canceled.

You further agree that Deodata, in its sole discretion and without liability to You for any resulting loss or damages, may take immediate corrective action, including, but not limited to, removal of all or a portion of Your domain services and/or deletion, suspension, cancellation, termination, or other interruption of domain services or Your customer account with Deodata, at any time during the term of this Agreement, in the event of notice of any possible violation of this Agreement by You or Your end users, or if such service or account is used in association with morally objectionable activities, or for any reason whatsoever. In such cases, any and all fees paid to Deodata will be non-refundable and ineligible for account credit.

6. NEW REGISTRATION DELETION SERVICE.

The additional terms and conditions contained in this section apply where Deodata provides You with the capability to delete a new registration of a domain name within the first several days of registration of such domain name ("Deletion Service"). A new registration of a domain name is one where the registration request processed successfully, and the registration is not more than five (5) days old. You acknowledge and agree that these terms and conditions apply regardless of whether You utilize the self-service deletion function within Your Deodata customer account area, or You request, authorize, and/or direct Deodata to complete the delete function on Your behalf ("Deletion Request").

You understand and agree that Deodata must receive Your Deletion Request within the time frame specified on its web site. You acknowledge and agree that, although Deodata will attempt to make a good faith effort to process Your Deletion Request, any late or last-minute Deletion Requests, or those submitted for processing in the 24 hours preceding the stated deadline, may fail to process successfully. In addition, You understand and agree that some central Registry Operators place a deletion rate limitation, which, when reached, triggers the imposition of an excess deletion fee or prevents any further Deletion Requests from being processed altogether. You acknowledge and agree that any Deletion Requests received by Deodata are subject to any and all limitations and restrictions imposed by the central Registry Operators, and may be subject to an excess deletion fee and/or may not be processed at all. You understand and agree that, if the Deletion Request is successfully processed, You may receive, at Deodata's sole discretion, an account credit or refund. In addition, Deodata may assess a processing fee, deletion fee, or other charge against any account credit or refund You may receive, as specified on our web site, for any and all Deletion Requests processed. You further understand and agree that, if the Deletion Request is not successfully processed for any reason whatsoever, regardless of fault or cause, and regardless of the timeliness of Your Deletion Request, Deodata shall not be liable to You or any third party for any resulting loss or damages. In all such cases, any and all fees paid to Deodata will be non-refundable and ineligible for account credit.

Abuse. Any abuse of the Deletion Service, including, but not limited to, successive or "chain" registration periods in order to avoid paying for domain names, or any other activity that Deodata deems in its sole discretion to constitute abuse or inappropriate use of the service, is strictly prohibited. You acknowledge and agree that Deodata, in its sole discretion and without liability to You for any resulting loss or damages, may take immediate corrective action, including, but not limited to, deletion, suspension, cancellation, termination, or other interruption of any or all of Your domain services or Your customer account with Deodata. In all such cases, any and all fees paid to Deodata shall be non-refundable and ineligible for account credit.

Restrictions. You acknowledge and agree that the new registration Deletion Service is not available in connection with any .eu, .uk, .be, .co, .at, .pl, .lt, and .sx domain name registration.

You acknowledge and agree that the new registration Deletion Service is not available for .me domain name registrations that are over two (2) days old.

You acknowledge and agree that the new registration Deletion Service is not available for .de domain name registrations that are over twenty-five (25) days old.

You acknowledge and agree that the new registration Deletion Service is not available for .la and .pw domain name registrations that are over four (4) days old.

You acknowledge and agree that Deodata, at any time and in our sole discretion, may suspend, terminate, or disable the Deletion Service without notice, for any reason, and with no obligation to refund or credit any fees or funds previously paid to Deodata.

7. DOMAIN FORWARDING SERVICE.

The following additional terms and conditions contained in this section apply where Deodata provides You with the capability to forward, point, alias, redirect, or resolve a domain name registration to another domain name designated by You ("Forwarding"). You represent and warrant that You have the right, power, legal capacity and authority to Forward your domain name to the other domain name. You acknowledge and agree that Deodata, at any time and in our sole discretion, may suspend, terminate, or disable Your Forwarding service without notice, for any reason, and with no obligation to refund or credit any fees or funds previously paid to Deodata.

You acknowledge that the Forwarding service includes an optional Stealth feature which provides You with the capacity to forward, point, alias, redirect, or resolve a domain name to another domain’s web site content and all linking web sites during the window browsing session, while still displaying Your domain name in the URL address location ("Stealth Forwarding"). You acknowledge that Stealth Forwarding may not work properly on all web sites, depending on their configuration and ability to work with frames.

8. CHANGE OF REGISTRAR: TRANSFER TO/FROM Deodata.

The following additional terms and conditions contained in this section apply where a Registered Name Holder requests to change its registrar of record for an existing domain name registration. You agree to pay any and all fees to Deodata as set forth on our web site.

Procedure for Transfers. For each instance where a Registered Name Holder wants to change its registrar for an existing domain name, Deodata requires the following:

  1. (a) Express authorization to initiate the transfer process from an individual who has the apparent authority to legally bind the Registered Name Holder, as reflected in the database of the registrar that is losing the domain name registration.
  2. (b) In instances where the registrar of record is being changed simultaneously with the transfer of a domain name from one party to another, the registrar gaining the domain name registration will require submission of appropriate authorization for the transfer. Such authorization includes, but is not limited to, one of the following:
    1. (i) A bilateral agreement between the parties.
    2. (ii) The final determination of a binding dispute resolution body.
    3. (iii) A court order.

Denial of Transfers. You agree that Deodata may, in its sole discretion, deny any request for transfer of any domain name from another domain name registrar to Deodata. You understand and agree that, if You attempt to transfer a domain name from another domain name registrar to Deodata, and that transfer attempt fails for any reason, You may receive, at Deodata's sole discretion, an account credit with Deodata or a refund in the amount of the registration fee. You agree to assume full and complete responsibility for, and agree that Deodata shall have no responsibility or liability for, any instance where the other domain name registrar involved in the transfer denies your transfer request. You understand and agree that, if You attempt to transfer a domain name from Deodata to another domain name registrar, and that transfer attempt fails for any reason, Deodata shall have no responsibility or liability to You for refunding or crediting any fees or funds You may have paid to any party for attempting the transfer.

Instances when a transfer request may be denied include, but are not limited to:

  1. (a) Situations described in our dispute resolution policy;
  2. (b) Court order by a court of competent jurisdiction;
  3. (c) Dispute over the identity of the Registered Name Holder or Administrative Contact;
  4. (d) Evidence of fraud;
  5. (e) Request to transfer the domain name occurs within the first 60 days after (i) the initial registration of the domain name, (ii) the completion of a transfer (change of registrar) of the domain name, or (iii) the Restoration of an expired domain name;
  6. (f) Request to transfer the domain name occurs after the Post-Expiration period;
  7. (g) The domain name registration is locked or on "hold" status with the current registrar;
  8. (h) Objection to the transfer from either the Registered Name Holder or the Administrative Contact for the domain name;
  9. (i) Failure to make payment (including any payment reversals and charge backs) to the current registrar for the domain name’s previous registration period if the domain name is past its expiration date, or for the previous or current registration period if the domain name has not yet expired.

Transfers After Renewals Du

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