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TechOnFoot.com is owned by TechOnFoot, a company organized under the laws of the Province of Alberta, Canada.
This Agreement (the "Agreement") between TechOnFoot and you (the "Applicant") contains the following terms and conditions:
The Applicant
The Terms and Conditions apply to all services provided by TechOnFoot including but not limited to Domain Name Registration, Domain Name Parking, Webhosting, Website Design, Domain Name Forwarding, and Email Forwarding, hereby referred to as Services ("Services").
By submitting an application for Services the Applicant agrees to be bound by this Agreement, the Domain Registration Agreement, the Uniform Dispute Resolution Policy, the Acceptable Use Policy, and all Terms and Conditions of any Partner Services utilized by the Applicant. It is the Applicant's responsibility to review the Terms and Conditions of TechOnFoots' Partner Services before utilizing the services.
Once registered, the Applicant assumes all responsibility for any future obligations, trademark disputes, maintenance fees etc. required to maintain or to modify the Domain Name.
The Applicant warrants to TechOnFoot that the details submitted by the Applicant to TechOnFoot are true and correct, and that future additions or alterations to those details will be true and correct.
The Applicant agrees to use the services provided by TechOnFoot as permitted by applicable local, state and federal laws. The Applicant will not use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
Prohibited Use: Prohibited uses of TechOnFoot's Services include but are not limited to; pornographic content and sex-related merchandising; unsolicited bulk e-mail: hacker programs or archives; pirated software, and warez sites. This includes sites that either contain prohibited content, or contain links to prohibited content elsewhere. TechOnFoot will be the sole arbiter in determining violations of this provision. TechOnFoot reserves the right to refuse, cancel or suspend service at our sole discretion. The Applicant agrees to indemnify and hold harmless TechOnFoot from any claims resulting from the use of the service that damages the Applicant or any other party.
Termination Policy: Any misuse of TechOnFoot resources that disrupts the normal use of the system is strictly prohibited. Such system abuse may lead to termination of the account without notice. Examples of such system abuse include, but are not limited to, consuming excessive amounts of disk storage or main memory or CPU for long periods of time, spawning many processes that consume resources, or the like. Any attempts to penetrate TechOnFoot security will result in the termination of the Customer~Rs account(s) without notice, as well as notification of appropriate law-enforcement and government agencies. TechOnFoot reserves the right to suspend or terminate any domain name services which, in our judgment or upon notification, has been used for any unlawful purpose, including but not limited to trademark of copyright violation or infringement.
Spam Policy: We reserve the right, in extreme circumstances, to revoke without refund any domain name services which, in our judgment, has been used for any unlawful purpose, including theft of e-mail service, or as a source of unsolicited bulk e-mail or as an address to use for replying to unsolicited bulk email. This policy also applies to Usenet Spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.). This will not apply to e-mail return addresses used without the owners knowledge or consent, however.
Domain Name Registration: The Applicant's credit card will be billed $35US by TechOnFoot for each registration year selected. The $35US fee per domain year is a non-refundable one-time domain registration fee. Renewals after the initial term will be billed at the same rate. All fees paid to TechOnFoot are non-refundable and non-transferable. Failure to fulfill payment terms will result in the domain ownership to revert to TechOnFoot and will incur a $200.00US transfer and collection fee.
Domain names may be parked on TechOnFoot servers at no charge. Domains not in use will forward to the standard TechOnFoot Under Construction page.
A domain name can only be modified/transferred by one of the contacts listed under the registered domain name.
Chargeback Policy: In the event of a disputed credit card charge resulting in a chargeback of the purchase of a domain name, TechOnFoot reserves the right to suspend all service to the Applicant's domain until the domain is paid in full.
TechOnFoot reserves the right to modify or to make additions to its domain service policies at any time without notice.
1. TechOnFoot will not guarantee that the Domain Name being applied for will be registered for the applicant.
2. Only valid credit cards will be billed by TechOnFoot.
3. TechOnFoot does not accept the responsibility for the use of any Domain Name for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts. TechOnFoot is entitled to reject an application which TechOnFoot considers as being unsuitable.
Disputes between Domain Name Holders and Third Parties
TechOnFoot neither acts as arbiter nor provides resolution of disputes between Applicants and third party complainants arising out of the registration or use of a domain name. In case of a dispute as to the rights to a particular domain name registration, TechOnFoot shall have no role or responsibility other than to provide the contact information to both parties. In the event of dispute of ownership or control of a domain, Applicant agrees to be bound by the terms and conditions of the Uniform Dispute Resolution Policy found at http://www.icann.org/udrp/udrp-policy-24oct99.htm. This Policy does not limit the administrative or legal procedures TechOnFoot may use when third-party conflicts arise. TechOnFoot shall have the right to revoke, suspend, transfer or otherwise modify a Domain Name registration at such time as TechOnFoot receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration.
The Applicant hereby agrees to defend, indemnify and hold harmless
(i) TechOnFoot, its officers, directors, employees and agents;
(ii) the United States Government ("USG"), its officers and employees;
(iii) the Canadian Goverment, its officers and employees;
(iv) the Internet Corporation for Assigned Names and Numbers ("ICANN"), its officers, directors, employees and agents;
(v) agents acting in such Role, or such other entity as may come to act as registry, (collectively, the "Indemnified Parties"), for any claims, action, demand, liabilities, losses, costs, expenses or damages awarded by a court of competent jurisdiction, including reasonable legal fees and expenses, arising out of, resulting from or related to the registration or use of the Domain Name.
Such claims shall include, without limitation, those based upon trademark or service mark infringement, tradename infringement, dilution, tortuous interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. Each Indemnified Party shall send written notice to the Applicant of any such claim, action, or demand against that party within a reasonable time. The failure of any Indemnified Party to give the appropriate notice shall not affect the rights of other Indemnified Parties. TechOnFoot recognizes that certain educational and governmental entities may not be able to provide complete indemnification. If the Applicant is
(i) a governmental or non-profit educational entity, and
(ii) not permitted by law or under its organizational documents to provide indemnification, the Applicant must notify TechOnFoot in writing and, upon receiving appropriate proof of such restriction, TechOnFoot may provide an alternative provision for such a Applicant.
WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE TECHONFOOT WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION RESIDING ON ANY TECHONFOOT COMPUTER, OR COMPUTER SYSTEM ACCESSED THROUGH TECHONFOOT. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME STATES AND PROVINCES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
WITHOUT LIMITING THE FOREGOING, TECHONFOOT SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR DAMAGES OF ANY KIND, OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, OR ANY LOSS OF OR USE OF CUSTOMERS DOMAIN NAME, OR INTERRUPTION OF BUSINESS, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE TECHONFOOT WEB SITE AND THAT TECHONFOOT MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS TECHONFOOT MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL TECHONFOOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST TECHONFOOT WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TechOnFoot reserves the right to interrupt service periodically, and without notice, for maintenance. TechOnFoot will do its utmost to provide service 24 hours a day, 7 days a week.
Customers acknowledge and agree that this Policy may change from time to time and that, upon thirty (30) days posting on the TechOnFoot website, TechOnFoot may modify or amend this Policy and that such changes are binding upon the Customer. If you do not agree with these terms, conditions, and policies please send email to info@TechOnFoot.com to terminate your account. Failure to comply with this Policy may result in termination of your account(s) with no refunds offered.
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