Glossary of terms

Several terms and expressions used throughout this document are defined below:

• "NameTech", "we", "us", "our" refer to NameTech, LLC.
• "Our", in the context of specific details regarding the servers and equipment used to provide our services, or NameTech’s implied ownership of such, specifically refers to our provider’s ownership of them and the rights and responsibilities extended by the provider to NameTech with respect to their direct and resold use.
• "Site" refers to the website, Nametech.com.
• "Registrar" refers to any of our accredited registrars.
• "Provider" refers to any of our service providers.
• "you" and "your" refer to each user of the Site and each customer of NameTech.
• "Services" refers to all of NameTech’s services offered through the Site including, domain name registration, Internet email and World Wide Web page hosting.
• "Disclaimer" – the current Disclaimer published on the Site.
• "Dispute Policy" – the current Dispute Policy published on the Site.
• "ICANN" - the Internet Corporation for Assigned Names and Numbers
• "TLD" – Top Level Domain

NameTech’s Service Agreement

This service Agreement ("Agreement") sets forth the terms and conditions of your use of NameTech’s domain name registration services to register an Internet domain name, your registration of that domain name, as well as other domain name and Internet related services offered by NameTech through the Site. This Agreement explains our obligations to you, and explains your obligations to us for various NameTech 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 NameTech service(s) or to cancel your NameTech 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 NameTech under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any pertinent rules or policies that are or may be published by NameTech on the Site.

If you request, reserved or registered a domain name through us, or transferred a domain name through us from another registrar, you agree to be bound by NameTech's current Disclaimer and Dispute Policy which are incorporated herein and made a part of this Agreement by reference. Any and all parts of this Agreement can be found or referenced at http://www.nametech.com/termsandconditions/. The Dispute Policy, in particular, can be found at http://www.nametech.com/disputepolicy/. Certain disputes, as specified in the Dispute Policy, are subject to that Policy. 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 your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold NameTech harmless pursuant to the terms and conditions contained in the Dispute Policy.

This Agreement will become effective when accepted by NameTech. NameTech may elect to accept or reject your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.

Modifications to NameTech's Service Agreement and Dispute Policy

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 NameTech's web site, or on notification to you by e-mail or United States mail. You agree to review NameTech'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 signed fax or United States mail letter at the fax number or address listed on our Contact Us page. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the NameTech 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. Your continued use of the domain name registered to you shall constitute your acceptance of this Agreement and the Dispute Policy with the new modifications. You acknowledge that if you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy.

Our Services

NameTech acts as a reseller of personalized Internet presence services through this Site. NameTech has specific ethical and technical concerns regarding the use of its services and computers detailed below. NameTech reserves the right to suspend or cancel a customer's subscription or access ("account") to any or all services provided through the Site when we decide that the account has been inappropriately used.

Domain Name Registration
NameTech is an authorized reseller for an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for Top Level Domain Names (TLDs), currently .com, .net and .org. ICANN oversees registrations and other aspects of the TLDs. As an authorized reseller for domain name registration, NameTech forwards your domain name registration application to the Registrar, your sponsor for that application. All domain name registrations that the Registrar registers for TLDs are not effective until the registrar has delivered the domain name registration information you provide us to the registry administrator for the TLDs, as applicable, and the registry administrator puts into effect your domain name registration. Currently, the registry administrator for the .com, .net and .org TLDs is Network Solutions, Inc.

You agree and acknowledge that NameTech is not liable or responsible in any way for any errors, omissions or any other actions by the Registrar or the registry administrator arising out of or related to your application and receipt of, or failure to receive, a domain name registration.

Internet Email and Web Hosting
NameTech is an authorized reseller of Internet email and World Wide Web page hosting services and offers these services through the Site. NameTech has certain legal and ethical responsibilities regarding the use of the servers and equipment owned by the hosting provider ("Provider") involved in these services.

Brokerage Services and Commission Plans
NameTech sponsors and maintains several services through which investors and individuals can sell or promote the sale of domain names as well as receive commissions for referral sales of other services offered through the site. Specific details about these services and commission plans can be found at the following URLs:

• http://www.nametech.com/exchangeservices/
• http://www.nametech.com/affiliateprogram/

NameTech may allow members of our Exchange Services and Commission Plans (Affiliate Members) use of our email services to promote the sale of domain names or other services offered through the site. However, such use of our email services must abide by our Unsolicited Email (spam) policy outlined below.

What We Do Not Do
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 also 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 to indemnify us.

Account Information and Its Use

Information You Are Required to Submit
As part of the registration process, you are required to provide certain information and to update this information promptly as needed to keep it current, complete and accurate. The information you are obligated to provide in connection with the domain name you are registering is the following:

i. The domain name being registered;

ii. Your (or The domain name holder's) name, postal address, e-mail address, voice telephone number, and where available, fax number; and

iii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name; and
iv. Valid payment information

You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed.

All other information which we may request from you at registration is voluntary. However, not providing the requested information may prevent you from obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.


Additional Information Maintained About Your Domain Name Registration
In addition to the information you provide, we maintain records relating to your domain name registration. These records may include:

i.    The original creation date of the registration;
ii.    The submission date and time of the registration application to us and by us to the Registrar;
iii.    Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
iv.    Records of account for your domain name registration, including dates and amounts of all payments and refunds;
v.    The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
vi.    The corresponding names of those nameservers;
vii.    The name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name;
viii.    The name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name;
ix.    The expiration and renewal date of the registration;
x.    Information and copies in electronic or paper form regarding all other activity between you and us and third parties relating to your domain name registration and related services.

Your Obligations Relating to the Account Information
In the event that, in registering the domain name, you are providing information about or on behalf of a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. By registering a name or applying for services you also represent that the statements in its application are true and you also represent that the Domain Name is not being registered for any unlawful purpose.
You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond for over ten (10 ) calendar days to inquiries by NameTech concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

Disclosure and Use of Domain Name Registration Information
You agree and acknowledge that NameTech will make available domain name registration information you provide or that we otherwise maintain to the Registrar, to ICANN, to the registry administrator(s), and to other third parties as the Registrar, ICANN, and applicable laws may require or permit. You further agree and acknowledge that NameTech may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our "whois" service) or for targeted marketing and other purposes as required or permitted by the Registrar, ICANN, and applicable laws.
Additionally, you acknowledge that the Registrar and/or ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that NameTech may or must make available to the public or to private entities, and the manner in which such information is made available.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration and other information by NameTech.
You may access your domain name registration information in our possession to review, modify or update such information, by accessing your domain account at http://www.nametech.com/myidentity/, or via a similar service. 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. You agree that any person in possession of you Account Identifier and Password will have the ability and your authorization to modify your account information. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password. NameTech will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

Ownership of Information and Data

You agree and acknowledge that NameTech owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name inventory database, and all information and derivative works generated from the domain name inventory database. NameTech does not have any ownership interest in your specific personal registration information outside of its rights in our domain name inventory database.

UNRESTRICTED 30-Day MoneyBack Guarantee for Domains

Unless otherwise explicitly stated, all pre-owned domains purchased at NameTech are backed by NameTech's 30-day MoneyBack Gurantee. If you are not completely satisfied with your domain, for any reason, within the first 30 days of your purchase, you will be given a full refund of the sale price that you paid, excluding transfer fees, registration fees, and any other service fees that you might have ordered and that are not subject to a guarantee. Transfer fees are refundable only if the account order is canceled prior to account activation. Refunds will be honored if NameTech is notified within the first 30 days following the purchase date. No refund is available after the 30th day. This policy does not apply to newly registered domains. Due to security concerns, all refund solicitations must be done in writing, via fax or letter, and must carry a valid signature of the customer. NameTech can solicit additional verification information. Phone or email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.

Transfer to another Registrar

You agree that you may not transfer your domain name registration to another domain name registrar or it’s authorized reseller during the first sixty (60) days from the effective date of your initial domain name registration or purchase with NameTech. You agree to provide written, signed authorization to NameTech for the transfer of the domain name to another registrar. NameTech does not charge any fee for the NameTech-side work service associated with the transfer of the domain to any third party registrar - however, once transferred out, NameTech would not be able to continue serving the domain, and you and the new registrar would be completely responsible for its service and fees. NameTech-side involvement in a transfer out is usually limited to providing you with customer service assistance, security verification, and unlocking of your domain. Your request to transfer to another registrar may be denied in situations described in the Dispute Policy, including, but not limited to: a dispute over the identity of the domain name holder; bankruptcy; and default in the payment of any fees. Please note that the process of transferring out requires to follow security verification procedures that take time, so it is important that transfers out are solicited at least 30 days in advance to the domain's expiration date. By submitting a transfer out request during the 30 days prior to the domain's expiration date, you authorize us to renew your domain for one additional year and charge your account accordingly.

Payment Policy

Domain Name Registration
As consideration for the domain name registration services and/or other services provided by NameTech to you, you agree to pay NameTech, prior to the effectiveness of the desired domain name registration, the applicable service(s) fees for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance as determined by NameTech in its sole discretion). As further consideration for the NameTech 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").

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration fee, or if you breach this agreement or fail to renew the domain previous to its expiration date, you agree and acknowledge that the domain name registration shall be transferred to NameTech as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee, currently set at US$200.

You will be notified via an email message or via your account information when renewal fees are due. Should these fees go unpaid by the domain's expiration date, your registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. You acknowledge that all of our notification and renewal reminder services are provided as a courtesy, and that the delivery of reminders is subject to your mailbox availability and other circumstances that might not be under the control of NameTech. Unless you are enrolled in one of our Premium Domain Insurance Services, the responsibility of remembering the expiration date, keeping the registration of the domain current, and paying the renewal fees on time, lies in you as the owner of the domain.

Hosting
All email and web hosting accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. NameTech reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies NameTech to request for termination of services. All payment is in U.S. currency. NameTech will bill each client $50 per credit card chargeback received. All NameTech accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing  @  nametech   com should you wish to change your anniversary billing cycle.

Agents and Licenses

You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.
You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of NameTech is strictly prohibited.

Unauthorized use of other people's accounts or computers. NameTech will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a NameTech customer, whether or not the attacked account or computer belongs to NameTech, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE – NameTech reserves the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions described throughout this document WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of any of the terms and conditions described throughout this document.

Customers may not run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by NameTech to be unacceptable use of NameTech's services including abuse of server resources.

Accounts may be terminated that include the following content or which have links to the following content:

• Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity
• Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
• Displaying material containing obscene nudity or pornographic material
• Displaying material that exploits children under 18 years of age
• Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Abuse of Unlimited Traffic

NameTech's customers are privileged to be offered unlimited traffic for their web sites. The intention of the Site is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on NameTech's servers. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of NameTech management. Any customer who violates NameTech's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

To maintain the integrity of our service the following limitations apply:

• Sites with banners, graphics or cgi scripts running from their domain used on other domains.
• Sites with picture galleries (This is any site where 50% of the files transferred is graphics)
• Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads).
• Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).

For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 20 GB per month. Thereafter, normal data transfer cost of $20.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $10.00/1GB/month.

You will receive a notice on Tuesday morning detailing your bandwidth usage.

You will have 7 days to visit http://www.nametech.com/overages/ to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice.
NameTech will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

NameTech takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed:

• Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
• Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
• Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
• Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
• Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

Note: If you use the services of another provider to promote a web site hosted by or through the Site and/or NameTech (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

99.9% Uptime Guarantee

(1.) Coverage
This 99.9% uptime guarantee applies to any NameTech client who is an active user of any email or web hosting services purchased purchased through the Site and is in good financial standing with NameTech at the time of a service outage.

(2.) Service Level
NameTech endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time.

(3.) Credits
In the event that your web site is not available for more than 99.9%, NameTech will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.

In order for you to receive a credit on your account, you must request such credit within ten (10) days after you experienced the down time. You must request credit by sending an fax to the fax number of record in our Contact Us page. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by Nametech.com. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from (1.) your behavior or the performance or failure of your equipment, facilities or applications, or (2.) circumstances beyond NameTech's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (3.) a client breaking any item in Nametech.com's "Terms and Conditions" policy causing a machine to fail as a result.

CGI Scripts

Some accounts come with their own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Chat Rooms

We do not allow clients to install their own chat rooms, without approving it with the Nametech.com Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Abuse of SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact us to have your domain moved.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Cancellation

NameTech reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by NameTech if NameTech institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

Hosting:  30-day MoneyBack Guarantee

All of NameTech's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, addon/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For all web hosting clients who cancel, the full contract amount less any setup fees and overages will be refunded if NameTech is notified within the first 30 days following activation. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees etc. Due to security concerns, all account cancellations must be done in writing, via fax or letter, and must carry a valid signature of the customer. NameTech can solicit additional verification information. Phone or email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.

Intellectual Property Rights

Material accessible to you through NameTech's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use NameTech or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the NameTech network. If you use a domain name in connection with NameTech, the Site, or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

You may not use the NameTech network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. NameTech will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to NameTech and it’s Provider a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by NameTech under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

NameTech shall maintain and control ownership of all IP numbers and addresses that may be assigned to you through the Site and NameTech reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

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

Limitation of Liability

YOU AGREE THAT NAMETECH WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING:

(1)    SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME,
(2)    USE OF YOUR DOMAIN NAME REGISTRATION,
(3)    INTERRUPTION OF BUSINESS,
(4)    ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS THROUGH THE SITE OR OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME;
(5)    LOSS OR LIABILITY RESULTING FROM ACTS OF GOD
(6)    DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(7)    EVENTS BEYOND NAMETECH'S CONTROL;
(8)    THE PROCESSING OF THIS APPLICATION;
(9)    LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR
(10)    APPLICATION OF THE DISPUTE POLICY.

NAMETECH ALSO WILL NOT BE LIABLE FOR 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 NAMETECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NAMETECH'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00). 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.

Representations and Warranties

YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR IN THE INTRODUCTORY PARAGRAPH OF THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, NAMETECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NAMETECH'S E-MAIL FORWARDING OR OTHER EMAIL 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. NAMETECH MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAMETECH OR THROUGH THE E-MAIL 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.

Breach and Revocation

NameTech reserves the right to suspend, cancel, transfer or modify your domain name registration or suspend, cancel or modify other services we provide in the event:

(a)    you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by NameTech,
(b)    you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet,
(c)    you use your domain name in connection with unlawful activity, or
(d)    grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement.

You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar, or registry administrator procedures approved by an ICANN-adopted policy:

(1)    to correct mistakes by NameTech, it’s registrar, another registrar or the registry administrator in administering the name or
(2)    for the resolution of disputes concerning the domain name.

You also agree that NameTech shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as NameTech receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

Right Of Refusal

NameTech, in it’s sole discretion, reserves the right to refuse to forward your domain name registration or register you for other NameTech service(s). The Registrar reserves the right to refuse to register your chosen domain name, or to delete your domain name within thirty (30) calendar days from receipt of your payment to NameTech for such services. In the event we do not forward your domain name registration or register you for other service(s), or the Registrar refuses to register your domain name or deletes your domain name 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 forward your domain name registration or register you for other service(s), or the Registrar refuses to register your domain name or deletes your domain name.

Governing Law

Regardless of the place of signing this agreement, except as otherwise set forth in the Dispute Policy with respect to disputes, for purposes of venue, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Florida, as if the Agreement was a contract wholly entered into and wholly performed within the State of Florida. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the Site or NameTech’s services, will be litigated or arbitrated exclusively in Fort Lauderdale, Florida, USA. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fort Lauderdale, Florida, USA, courts.

Notices

You agree that any notices required to be given under this Agreement by NameTech to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

Infancy

You attest that you are of legal age to enter into this Agreement.

Lawful Purpose

NameTech reserves the right to refuse service to anyone. You may only use the Site and all servers to which NameTech has given you access to for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of NameTech management.

Indemnification

YOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY, SAVE AND HOLD NAMETECH HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST NAMETECH, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NAMETECH AGAINST LIABILITIES ARISING OUT OF:

(1)    ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH NAMETECH'S SERVER;
(2)    ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY;
(3)    COPYRIGHT INFRINGEMENT AND
(4)    ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM NAMETECH'S SERVER.

IF NAMETECH IS THREATENED WITH SUIT BY A THIRD PARTY, NAMETECH MAY SEEK WRITTEN ASSURANCES FROM YOU CONCERNING YOUR PROMISE TO INDEMNIFY NAMETECH; YOUR FAILURE TO PROVIDE THOSE ASSURANCES MAY BE CONSIDERED BY US TO BE A BREACH OF YOUR AGREEMENT AND MAY RESULT IN DEACTIVATION OF YOUR DOMAIN NAME AND ANY OTHER SERVICES PROVIDED BY NAMETECH. THIS INDEMNIFICATION IS IN ADDITION TO ANY INDEMNIFICATION REQUIRED UNDER THE DISPUTE POLICY.

Disclaimer

NameTech, at its sole discretion, may change the terms, conditions and operation of the Site at any time. By using the Site and services offered through the Site, you agree to all of the terms and conditions described throughout this document and further waive any rights or claims you may have against NameTech.

The content available through the Site is the sole property of NameTech or its advertisers, suppliers or licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, NameTech-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by NameTech advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without NameTech's express prior written consent.

WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE MYBAPTISM.COM WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. 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 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, NAMETECH SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, 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 NAMETECH WEB SITE AND THAT NAMETECH 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 NAMETECH MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL NAMETECH 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 NAMETECH WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

General

This Agreement, NameTech's Disclaimer and the Dispute Policy, together with all modifications, constitute the complete and exclusive agreement between you and NameTech, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of NameTech to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by NameTech of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Policy shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Policy unenforceable or invalid as a whole. NameTech will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of NameTech as reflected in the original provision. This Agreement, NameTech's Disclaimer and the Dispute Policy may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of NameTech.

Privacy Statement

NameTech follows the strict guidelines of its customer privacy statement. Please make sure you understand this statement fully. NameTech’s privacy policy can be found at: http://www.nametech.com/privacypolicy/.