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Domain Name Plus
Terms
& Conditions
- Services:
The following are the terms and conditions for use
of the Suresurv.com service including without
limitation DNS, web parking, email and other
services which may be offered from time to time by Suresurv.com
for use with your Suresurv.com account member name (each feature individually and
collectively referred to as the
"Services"). Please read them carefully.
BY CLICKING ON
"I AGREE" AND COMPLETING THE REGISTRATION
PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR A
Suresurv.com.COM ACCOUNT AND THAT YOU AGREE TO
BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE
SERVICE ("TOS").
The Service is offered to you conditioned on your
acceptance without modification of the terms,
conditions, and notices contained herein.
- Subscriber:
The Subscriber is defined as an individual who is
accessing the Services. Subscribers may not have
more than one account. Subscribers cannot share
accounts. If a Subscriber has more than one
account, Suresurv.com reserves the right to
aggregate the Subscriber’s usage across all of
his accounts for purposes of calculating accurate
fees and usage charges.
- Term: The
term of Subscriber subscription is effective as
soon as the Subscriber begins using the Services. Suresurv.com
shall endeavor to enable
Subscriber to commence access to the Services (the
"Access Date") as soon as possible.
Notwithstanding the foregoing, Suresurv.com shall not be responsible or liable for any delay
in the Access Date for any reason, including,
without limitation, equipment delays, telephonic
service delays, or any other reason, and
Subscriber's sole remedy for any such delay shall
be to cancel the Service and Subscriber shall be
entitled to a refund of any portion of the Initial
Fee (as hereinafter defined) which has not been
used for costs, expenses or set up services
- Fees: Upon
establishment of an account through submission of
the Signup Form, the initial fees shall be due and
payable and thereafter the Yearly Fees shall be
due and payable in advance unless otherwise
specifically provided in a written Quotation.
Subscriber shall pay all applicable taxes relating
to use of the Service by the Subscriber.
Subscriber shall be responsible for all use of the
Service accessed through Subscriber's account and
will pay for all usage charges accrued thereunder
whether or not they are authorized by the
Subscriber. In the event of unauthorized access to
the Subscriber's account, Subscriber must promptly
notify Suresurv.com. Subscriber will remain
responsible for all charges to Subscriber's
account until Suresurv.com is so notified and
has had a reasonable opportunity to cancel access
to the account. Any amounts not paid by Subscriber
to Suresurv.com when due shall bear interest
at the rate of 1.5% per month until paid in full
and Suresurv.com may be obligated to suspend
any services until all payments are made. In
addition if any amount is not paid when due
subscriber shall be responsible for Suresurv.com cost of collection including
attorneys' fees and costs. Current usage terms and
policies are available at http://www.Suresurv.com/policy.htm
- DISCLAIMER OF
WARANTEES: LIMITATION OF LIABILITY
A: Suresurv.com shall endeavor to provide the Services in
accordance with the standards of the industry. Suresurv.com
will make a good faith adjustment
to any amount paid or payable by the Subscriber
for the use of the Services to the extent of a
failure of the services which renders the Services
unusable except to the extent caused by Subscriber
or based upon acts or conditions beyond Suresurv.com's reasonable control; provided
that Subscriber reports such problems to Suresurv.com
immediately upon discovery and
requests an adjustment within 5 business days of
such failure. Notwithstanding any other provision
of a written Quotation or these terms and
conditions, in no event shall Suresurv.com's
liability for any reason upon any cause of action
in connection with this agreement, the Service or
otherwise exceed the Most Recent Yearly Payment by
Subscriber to Suresurv.com
B: Subscriber
acknowledges that Suresurv.com has not made
any representations or warrantees with respect to
the quality of the service or that the service
will be accessible on a continuous basis or that
such accessibility will not be limited or
interrupted from time to time, and Suresurv.com specifically disclaims any such
representations, warrantees, or covenants
including without limitation the warrantee of
merchantability or fitness for a particular
purpose. Subscriber acknowledges that Suresurv.com
shall not be liable or
responsible for consequential damages, lost
profits or other damages of any type or nature,
even if Suresurv.com has been advised of such
damages. Subscriber acknowledges that sole remedy
for any such failure is set forth in the second
sentence of paragraph 5A. Hereof Subscriber
acknowledges that Suresurv.com does not
monitor or review any of Subscriber's material (as
hereafter defined); However, Subscriber
acknowledges that Suresurv.com may, upon
receipt of a complaint, with respect to any of the
Subscriber material or any other reason, Prevent
Subscriber material from being accessible through
the service; provided that Suresurv.com shall
have no obligation to Prevent Such Access and no
liability to Subscriber or any third party for
Preventing Access To or failure to Prevent access
to such material.
- Subscriber
Materials: Indemnification: Policies
(A) Subscriber represents and warrants that any
material which Subscriber places on the service,
permits to be placed on the service with or
without Subscribers authority, or on the Internet
and/or the Web through Suresurv.com's service,
including Subscriber's domain name(s),
("Subscriber Material") will not 1)
violate the rights of any 3rd party and
will not give rise to any claim of such violation
2) violate any federal, state or local law, rule
or regulation of any type of any nature (civil or
criminal), including without limitation, laws with
respect to obscenity, indecency, harassment, or
export controls or 3) contain or transmit any
software disabling devices or internal controls
including, without limitation, time bombs, viruses
or the like.
(B) Subscriber shall indemnify and hold Suresurv.com
and its employees, agents,
shareholders, officers, directors and successors
and assigns harmless from and against any and all
claims, damages, liabilities, costs and expenses
(including attorneys' fees and costs and
settlement costs) ("Damages") arising
out of any breach by subscribers of any of the
representations, warrantees or agreements set
forth in the Signup Form or these Terms and
Conditions.
(C) Subscriber agrees to comply with Suresurv.com's policies with respect to the
Services, as such policies may be modified from
time to time including, but not limited to, Suresurv.com's policy against
"spamming" which is available at http://www.Suresurv.com/policy.html.
- Termination: Suresurv.com
may terminate the term and
Subscriber's right to use the service at any time
without cause by sending notice to the Subscriber.
Suresurv.com may Terminate the term and
subscriber's right to use the service immediately
without prior notice on a breach of the these
Terms and Conditions by Subscriber. In addition,
Subscriber may also terminate this Agreement by
giving written notice to Suresurv.com and
discontinuing use of the service. Terminations by
subscriber will be effective 60 (sixty) days after
the date on which Suresurv.com receives notice
from the Subscriber and Subscriber will be liable
for fees and charges set forth in the Subscriber
selected subscription level though the termination
date and any additional usage fees accrued though
the termination date. No refunds will be given if
the Subscriber cancels the Services, or if Suresurv.com
cancels the Services due to a
breach of these Terms and Conditions, and under no
circumstances will any termination of this
contract result in a refund exceeding the unused
portion of any fees paid to Suresurv.com.
- Changes in
Services, Terms and Conditions, and Fees. Suresurv.com
may modify these Terms and
Conditions or service prices and may discontinue
or revise any and all other aspects of the service
in Suresurv.com's sole discretion upon 30
(thirty) days notice. Subscriber shall be deemed
to have accepted any such changes or modifications
by continuing to use the Service after the end of
such thirty days period. A copy of Suresurv.com's standard Terms and Conditions
including any such changes made to such Terms and
Conditions from time-to-time is available at http://www.Suresurv.com/terms.htm
or a new address of which Suresurv.com gives
subscriber notice.
- Miscellaneous
(A) These Terms and
Conditions shall be governed and construed under
the laws under the State of New York. Any dispute
arising out of the these Terms and conditions or
any Services provided by Suresurv.com shall be
resolved in the Federal or State courts located in
New York county and Subscriber consents to the
jurisdiction of such courts over Subscriber. All
notices given by subscriber shall be in writing
and addressed to: Suresurv.com 111 Broadway 11th
Floor, New York, NY 10006 or by Fax to
212-349-1090. All notices to Subscriber shall be
given either in writing, via email, via Fax, or
via telephone to the address, email address, fax
number or telephone number indicated on the
Subscriber Signup Form.
(B) Subscriber acknowledges and agrees that
Subscriber will permit Suresurv.com to use its
name and trademarks for promotional and
advertising purposes: provided that such use
accurately reflects the relationship of the
parties. By signing up for services, Subscriber
has agreed to these Terms and Conditions. These
Terms and Conditions represent the parties entire
agreement and understanding, supercede any
previous oral or written agreement and may only be
modified.
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