Registration Agreement
1. Agreement. In this Service Agreement ("Agreement") "you" and
"your" refer to each customer and "we", us" and "our" refer to
Digital Outlook. This Agreement explains our obligations to you, and
explains your obligations to us for our various services. By selecting
our service(s) you have agreed to establish an account with us
for such services. When you use your account or permit someone
else to use it to purchase or otherwise acquire access to additional
service(s) or to cancel your Digital Outlook service(s) (even if we were
not notified of such authorization), this Agreement covers such
service or actions. By using the service(s) provided by Digital Outlook
under this Agreement, you acknowledge that you have read and agree
to be bound by all terms and conditions of this Agreement and
any pertinent rules or policies that are or may be published by
us.
2. Selection of a Domain Name. We cannot and do not check to
see whether the domain name you select, or the use you make of
the domain name, infringes legal rights of others. We urge you
to investigate to see whether the domain name you select or its
use infringes legal rights of others, and in particular we suggest
you seek advice of competent counsel. You may wish to consider
seeking one or more trademark registrations in connection with
your domain name. You should be aware that there is the possibility
we might be ordered by a court to cancel, modify, or transfer
your domain name. You should be aware that if we are sued or threatened
with lawsuit in connection with your domain name, we may turn
to you to hold us harmless and indemnify us.
3. Fees, Payment and Term. As consideration for the services
you have selected, you agree to pay Digital Outlook the applicable
service(s) fees. Registration will not be processed until payment
for services is verified or received. All fees payable for domain
name thereunder are nonrefundable unless we provide otherwise.
This section does not apply to fees payable for Digital Outlook's
Web Hosting and Web Hosting services. As further consideration
for the domain name service(s), you agree to: (1) provide certain
current, complete and accurate information about you as required
by the registration process and (2) maintain and update this information
as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information"). You hereby grant Digital Outlook the right to disclose
to third parties such Account Information. The Registrant, by
completing and submitting the Domain Name Registration Agreement
("Registration Agreement"), represents that the statements in
its application are true and that the registration of the selected
Domain Name, so far as the Registrant is aware, does not interfere
with or infringe upon the rights of any third party. The Registrant
also represents that the Domain Name is not being registered for
any unlawful purpose.
4. Modifications to Agreement. You agree, during the period of
this Agreement, that we may: (1) revise the terms and conditions
of this Agreement; and (2) change the services provided under
this Agreement. Any such revision or change will be binding and
effective immediately on posting of the revised Agreement or change
to the service(s) on Digital Outlook's web site, or on notification
to you by e-mail or by telephone or by mail. You agree to review
Digital Outlook's web site, including the Agreement, periodically
to be aware of any such revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement at
any time by providing us with notice by e-mail or by fax. Notice
of your termination will be effective on receipt and processing
by us. You agree that, by continuing to use the Digital Outlook services
following notice of any revision to this Agreement or change in
service(s), you abide by any such revisions or changes. You further
agree that we, in our sole discretion, may modify our Dispute
Policy at any time. You agree that, by maintaining the reservation
or registration of your domain name after modifications to the
Dispute Policy become effective, you have agreed to these modifications.
You acknowledge that if you do not agree to any such modifications,
you may request that your domain name be deleted from the domain
name database.
5. Modifications to your Account. In order to change any of your
account information with us, you must use your Account Identifier
and Password that you selected when you opened your account with
us. Please safeguard your Account Identifier and Password from
any unauthorized use. In no event will we be liable for the unauthorized
use or misuse of your Account Identifier or Password.
6. Domain Name Dispute Policy. If you reserved or registered
a domain name through us, or transferred a domain name to us from
another registrar, you agree to be bound by our current Domain
Name Dispute Policy ("Dispute Policy") which is incorporated herein
and made a part of this Agreement by reference.
7. Domain Name Disputes. You agree that, if the registration
or reservation of your domain name is challenged by a third party,
you will be subject to the provisions specified in the Dispute
Policy in effect at the time of the dispute. You agree that in
the event a domain name dispute arises with any third party, you
will indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. For any dispute, you
agree to submit to the jurisdiction of the courts of your domicile,
the courts of the geographic location indicated by your WHOIS
information for your domain name, and the courts of the DuPage
County, Illinois.
8. Agents. You agree that, if an agent for you (i.e., an Internet
Service Provider, employee, etc.) purchased Digital Outlook service(s)
on your behalf, you are nonetheless bound as a principal by all
terms and conditions herein, including the Dispute Policy.
9. Announcements. We reserve the right to distribute information
to you that is pertinent to the quality or operation of our services
and those of our service partners. These announcements will be
predominately informative in nature and may include notices describing
changes, upgrades, new products or other information to add security
or to enhance your identity on the Internet.
10. Limitation of Liability. You agree that our entire liability,
and your exclusive remedy, with respect to any Digital Outlook services(s)
provided under this Agreement and any breach of this Agreement
is solely limited to the amount you paid for such service(s).
Digital Outlook and its contractors shall not be liable for any direct,
indirect, incidental, special or consequential damages resulting
from the use or inability to use any of the Digital Outlook services
or for the cost of procurement of substitute services. Because
some states do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such states, our liability
is limited to the extent permitted by law. We disclaim any and
all loss or liability resulting from, but not limited to: (1)
loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data
mis-delivery; (3) loss or liability resulting from acts of God;
(4) loss or liability resulting from the unauthorized use or misuse
of your Account Identifier or Password; (5) loss or liability
resulting from errors, omissions, or misstatements in any and
all information or services(s) provided under this Agreement;
(6) loss or liability resulting from the development or interruption
of your Web site or e-mail service. The registrant agrees that
Digital Outlook will not be liable for any loss of registration and use
of registrant's domain name, or for interruption of business,
or any indirect, special, incidental, or consequential damages
of any kind (including lost profits) regardless of the form of
action whether in contract, tort (including negligence), or otherwise,
even if Digital Outlook has been advised of the possibility of such damages.
In no event shall Digital Outlook's maximum liability exceed five hundred
($500.00) dollars.
11. Indemnity. You agree to release, indemnify, and hold Digital Outlook,
its contractors, agents, employees, officers, directors and affiliates
harmless from all liabilities, claims and expenses, including
attorney's fees, of third parties relating to or arising under
this Agreement, the Digital Outlook services provided thereunder or
your use of the Digital Outlook services, including without limitation
infringement by you, or someone else using the Digital Outlook E-mail
Service with your computer, of any intellectual property or other
proprietary right of any person or entity, or from the violation
of any Digital Outlook operating rule or policy relating to the service(s)
provided. You also agree to release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute
Policy. When Digital Outlook is threatened with suit by a third party,
Digital Outlook may seek written assurances from you concerning your
promise to indemnify Digital Outlook; your failure to provide those
assurances may be considered by Digital Outlook to be a breach of
your Agreement and may result in deactivation of your domain name.
12. Breach. You agree that failure to abide by any provision
of this Agreement, any Digital Outlook operating rule or policy or
the Dispute Policy, may be considered by us to be a material breach
and that we may provide a written notice, describing the breach,
to you. If within thirty (30) 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 or terminate your account without further notice. 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.
13. No Guarantee. You agree that, by registration or reservation
of your chosen domain name, such registration or reservation does
not confer immunity from objection to either the registration,
reservation, or use of the domain name.
14. Disclaimer of Warranties. You agree and warrant that the
information that you provide to us to register or reserve your
domain name or register for other Digital Outlook service(s) is, to
the best of your knowledge and belief, accurate and complete,
and that any future changes to this information will be provided
to us in a timely manner according to the modification procedures
in place at that time. You agree that your use of our Digital Outlook
service(s) is solely at your own risk. You agree that such service(s)
is provided on an "as is," "as available" basis. Digital Outlook expressly
disclaims 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. Digital Outlook
makes no warranty that the Digital Outlook service(s) will meet your
requirements, or that the service(s) will be uninterrupted, timely,
secure, or error free; nor does Digital Outlook 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 the Digital Outlook e-mail service or that defects in the
Digital Outlook service(s) software will be corrected. You understand
and agree that any material and/or data downloaded or otherwise
obtained through the use of the Digital Outlook 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. Digital Outlook makes
no warranty regarding any goods or services purchased or obtained
through the service or any transactions entered into through service.
No advice or information, whether oral or written, obtained by
you from Digital Outlook or through the service shall create any warranty
not expressly made herein. Some jurisdictions do not allow the
exclusion of certain warranties, so some of the above exclusions
may not apply to you.
15. Revocation. You agree that we may delete your domain name
or terminate your right to use other Digital Outlook service(s) if
the information that you provided to register or reserve your
domain name or register for other Digital Outlook service(s), or subsequently
to modify it, contains false or misleading information, or conceals
or omits any information we would likely consider material to
our decision to register or reserve your domain name. You agree
that we may, in our sole discretion, delete or transfer your domain
name at any time.
16. Right of Refusal. We, in our sole discretion, reserve the
right to refuse to register or reserve your chosen domain name
or register you for other Digital Outlook service(s), or to delete
your domain name within thirty (30) calendar days from receipt
of your payment for such services. In the event we do not register
or reserve your domain name or register you for other Digital Outlook
service(s), or we delete your domain name or other Digital Outlook
service(s) within such thirty (30) calendar day period, we agree
to refund your applicable fee(s). You agree that we shall not
be liable to you for loss or damages that may result from our
refusal to register or reserve, or delete your domain name or
register you for other Digital Outlook service(s).
17. Severability. 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.
18. Non-Agency. Nothing contained in this Agreement or the Dispute
Policy shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties.
19. Non-Waiver. The failure of Digital Outlook to require performance
by the Registrant of any provision hereof shall not affect the
full right to require such performance at any time thereafter;
nor shall the waiver by Digital Outlook of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.
20. Notices. Any notice, direction or other communication given
under this Agreement shall be in writing and given by sending
it via e-mail or via regular mail. In the case of e-mail, valid
notice shall only have been deemed to have been given when an
electronic confirmation of delivery has been obtained by the sender,
in the case of notice to us to nic@Digital Outlook. Mail shall be
sent to: Digital Outlook Corp., 200 W. Adams Suite 1001, Chicago, IL 60606,
and to you at the mailing address provided in your application
or as updated from time to time. Any e-mail communication shall
be deemed to have validly and effectively given on the date of
such communication, if such date is a business day and such delivery
was made prior to 4:00 p.m. CST and otherwise on the next business
day. Any communication sent via regular mail shall be deemed to
have been validly and effectively given 5 business days after
the date of mailing.
21. Entirety. You agree that this Agreement, the rules and policies
published by Digital Outlook and the Dispute Policy are the complete
and exclusive agreement between you and us regarding our Digital Outlook
services. This Agreement and the Dispute Policy supersede all
prior agreements and understandings, whether established by custom,
practice, policy or precedent.
22. Governing Law. You agree that this Agreement shall be governed
in all respects by and interpreted in accordance with the laws
of the State of Illinois and the federal laws of the Unites States
of America applicable therein without reference to rules governing
choice of laws. Any action relating to this agreement must be
brought in the County of DuPage courts located in DuPage County,
Illinois and you irrevocably consent to the jurisdiction of such
courts.
23. Infancy. You attest that you are of legal age to enter into
this Agreement.
24. Acceptance of agreement. You acknowledge that you have read
this agreement and agree to all its terms and conditions. You
have independently evaluated the desirability of participating
in the affiliate network and are not relying on any representation,
guarantee or statement other than as set forth in this agreement.
1. Purpose. This Uniform Domain Name Dispute Resolution Policy
(the "Policy") has been adopted by the Internet Corporation for
Assigned Names and Numbers ("ICANN"), is incorporated by reference
into your Registration Agreement, and sets forth the terms and
conditions in connection with a dispute between you and any party
other than us (Digital Outlook Corporation) over the registration and
use of an Internet domain name registered by you. Proceedings
under Paragraph 4 of this Policy will be conducted according to
the Rules for Uniform Domain Name Dispute Resolution Policy (the
"Rules of Procedure"), and the selected administrative-dispute-resolution
service provider's supplemental rules.
2. Your Representations. By applying to register a domain name,
or by asking us to maintain or renew a domain name registration,
you hereby represent and warrant to us that (a) the statements
that you made in your Registration Agreement are complete and
accurate; (b) to your knowledge, the registration of the domain
name will not infringe upon or otherwise violate the rights of
any third party; (c) you are not registering the domain name for
an unlawful purpose; and (d) you will not knowingly use the domain
name in violation of any applicable laws or regulations. It is
your responsibility to determine whether your domain name registration
infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes. We will cancel, transfer
or otherwise make changes to domain name registrations under the
following circumstances: a. subject to the provisions of Paragraph
8, our receipt of written or appropriate electronic instructions
from you or your authorized agent to take such action; b. our
receipt of an order from a court or arbitral tribunal, in each
case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring
such action in any administrative proceeding to which you were
a party and which was conducted under this Policy or a later version
of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain
name registration in accordance with the terms of your Registration
Agreement or other legal requirements.
4. Mandatory Administrative Proceeding. This Paragraph sets forth
the type of disputes for which you are required to submit to a
mandatory administrative proceeding. These proceedings will be
conducted before one of the administrative-dispute-resolution
service providers listed at http://www.icann.org/udrp/approved-providers.htm
(each, a "Provider"). a. Applicable Disputes. You are required
to submit to a mandatory administrative proceeding in the event
that a third party (a "complainant") asserts to the applicable
Provider, in compliance with the Rules of Procedure, that (i)
your domain name is identical or confusingly similar to a trademark
or service mark in which the complainant has rights; and (ii)
you have no rights or legitimate interests in respect of the domain
name; and (iii) your domain name has been registered and is being
used in bad faith. In the administrative proceeding, the complainant
must prove that each of these three elements are present. b. Evidence
of Registration and Use in Bad Faith. For the purposes of Paragraph
4(a)(iii), the following circumstances, in particular but without
limitation, if found by the Panel to be present, shall be evidence
of the registration and use of a domain name in bad faith: (i)
circumstances indicating that you have registered or you have
acquired the domain name primarily for the purpose of selling,
renting, or otherwise transferring the domain name registration
to the complainant who is the owner of the trademark or service
mark or to a competitor of that complainant, for valuable consideration
in excess of your documented out-of-pocket costs directly related
to the domain name; or (ii) you have registered the domain name
in order to prevent the owner of the trademark or service mark
from reflecting the mark in a corresponding domain name, provided
that you have engaged in a pattern of such conduct; or (iii) you
have registered the domain name primarily for the purpose of disrupting
the business of a competitor; or (iv) by using the domain name,
you have intentionally attempted to attract, for commercial gain,
Internet users to your web site or other on-line location, by
creating a likelihood of confusion with the complainant's mark
as to the source, sponsorship, affiliation, or endorsement of
your web site or location or of a product or service on your web
site or location. c. How to Demonstrate Your Rights to and Legitimate
Interests in the Domain Name in Responding to a Complaint. When
you receive a complaint, you should refer to Paragraph 5 of the
Rules of Procedure in determining how your response should be
prepared. Any of the following circumstances, in particular but
without limitation, if found by the Panel to be proved based on
its evaluation of all evidence presented, shall demonstrate your
rights or legitimate interests to the domain name for purposes
of Paragraph 4(a)(ii): (i) before any notice to you of the dispute,
your use of, or demonstrable preparations to use, the domain name
or a name corresponding to the domain name in connection with
a bona fide offering of goods or services; or (ii) you (as an
individual, business, or other organization) have been commonly
known by the domain name, even if you have acquired no trademark
or service mark rights; or (iii) you are making a legitimate noncommercial
or fair use of the domain name, without intent for commercial
gain to misleadingly divert consumers or to tarnish the trademark
or service mark at issue. d. Selection of Provider. The complainant
shall select the Provider from among those approved by ICANN by
submitting the complaint to that Provider. The selected Provider
will administer the proceeding, except in cases of consolidation
as described in Paragraph 4(f). e. Initiation of Proceeding and
Process and Appointment of Administrative Panel. The Rules of
Procedure state the process for initiating and conducting a proceeding
and for appointing the panel that will decide the dispute (the
"Administrative Panel"). f. Consolidation. In the event of multiple
disputes between you and a complainant, either you or the complainant
may petition to consolidate the disputes before a single Administrative
Panel. This petition shall be made to the first Administrative
Panel appointed to hear a pending dispute between the parties.
This Administrative Panel may consolidate before it any or all
such disputes in its sole discretion, provided that the disputes
being consolidated are governed by this Policy or a later version
of this Policy adopted by ICANN. g. Fees. All fees charged by
a Provider in connection with any dispute before an Administrative
Panel pursuant to this Policy shall be paid by the complainant,
except in cases where you elect to expand the Administrative Panel
from one to three panelists as provided in Paragraph 5(b)(iv)
of the Rules of Procedure, in which case all fees will be split
evenly by you and the complainant. h. Our Involvement in Administrative
Proceedings. We do not, and will not, participate in the administration
or conduct of any proceeding before an Administrative Panel. In
addition, we will not be liable as a result of any decisions rendered
by the Administrative Panel. i. Remedies. The remedies available
to a complainant pursuant to any proceeding before an Administrative
Panel shall be limited to requiring the cancellation of your domain
name or the transfer of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us
of any decision made by an Administrative Panel with respect to
a domain name you have registered with us. All decisions under
this Policy will be published in full over the Internet, except
when an Administrative Panel determines in an exceptional case
to redact portions of its decision. k. Availability of Court Proceedings.
The mandatory administrative proceeding requirements set forth
in Paragraph 4 shall not prevent either you or the complainant
from submitting the dispute to a court of competent jurisdiction
for independent resolution before such mandatory administrative
proceeding is commenced or after such proceeding is concluded.
If an Administrative Panel decides that your domain name registration
should be canceled or transferred, we will wait ten (10) business
days (as observed in the location of our principal office) after
we are informed by the applicable Provider of the Administrative
Panel's decision before implementing that decision. We will then
implement the decision unless we have received from you during
that ten (10) business day period official documentation (such
as a copy of a complaint, file-stamped by the clerk of the court)
that you have commenced a lawsuit against the complainant in a
jurisdiction to which the complainant has submitted under Paragraph
3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction
is either the location of our principal office or of your address
as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii)
of the Rules of Procedure for details.) If we receive such documentation
within the ten (10) business day period, we will not implement
the Administrative Panel's decision, and we will take no further
action, until we receive (i) evidence satisfactory to us of a
resolution between the parties; (ii) evidence satisfactory to
us that your lawsuit has been dismissed or withdrawn; or (iii)
a copy of an order from such court dismissing your lawsuit or
ordering that you do not have the right to continue to use your
domain name.
5. All Other Disputes and Litigation. All other disputes between
you and any party other than us regarding your domain name registration
that are not brought pursuant to the mandatory administrative
proceeding provisions of Paragraph 4 shall be resolved between
you and such other party through any court, arbitration or other
proceeding that may be available.
6. Our Involvement in Disputes. We will not participate in any
way in any dispute between you and any party other than us regarding
the registration and use of your domain name. You shall not name
us as a party or otherwise include us in any such proceeding.
In the event that we are named as a party in any such proceeding,
we reserve the right to raise any and all defenses deemed appropriate,
and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo. We will not cancel, transfer,
activate, deactivate, or otherwise change the status of any domain
name registration under this Policy except as provided in Paragraph
3 above.
8. Transfers During a Dispute. a. Transfers of a Domain Name
to a New Holder. You may not transfer your domain name registration
to another holder (i) during a pending administrative proceeding
brought pursuant to Paragraph 4 or for a period of fifteen (15)
business days (as observed in the location of our principal place
of business) after such proceeding is concluded; or (ii) during
a pending court proceeding or arbitration commenced regarding
your domain name unless the party to whom the domain name registration
is being transferred agrees, in writing, to be bound by the decision
of the court or arbitrator. We reserve the right to cancel any
transfer of a domain name registration to another holder that
is made in violation of this subparagraph. b. Changing Registrars.
You may not transfer your domain name registration to another
registrar during a pending administrative proceeding brought pursuant
to Paragraph 4 or for a period of fifteen (15) business days (as
observed in the location of our principal place of business) after
such proceeding is concluded. You may transfer administration
of your domain name registration to another registrar during a
pending court action or arbitration, provided that the domain
name you have registered with us shall continue to be subject
to the proceedings commenced against you in accordance with the
terms of this Policy. In the event that you transfer a domain
name registration to us during the pendency of a court action
or arbitration, such dispute shall remain subject to the domain
name dispute policy of the registrar from which the domain name
registration was transferred.
9. Policy Modifications. We reserve the right to modify this
Policy at any time with the permission of ICANN. We will post
our revised Policy at at least thirty (30) calendar days before
it becomes effective. Unless this Policy has already been invoked
by the submission of a complaint to a Provider, in which event
the version of the Policy in effect at the time it was invoked
will apply to you until the dispute is over, all such changes
will be binding upon you with respect to any domain name registration
dispute, whether the dispute arose before, on or after the effective
date of our change. In the event that you object to a change in
this Policy, your sole remedy is to cancel your domain name registration
with us, provided that you will not be entitled to a refund of
any fees you paid to us. The revised Policy will apply to you
until you cancel your domain name registration.