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This Registration Agreement ("Agreement") sets forth the terms and
conditions of your use of 1-2-Wonder Web Services' ("1-2-Wonder")
domain name registration services to register an Internet domain name, your
registration of that domain name, as well as other 1-2-Wonder domain name
related services. In this Agreement "you" and "your" refer
to each customer and "we", "us" and "our" refer
to 1-2-Wonder. This Agreement explains our obligations to you, and explains
your obligations to us for various 1-2-Wonder 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 1-2-Wonder service(s) or to cancel your 1-2-Wonder
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 1-2-Wonder
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 1-2-Wonder.
This Agreement will become effective when accepted by 1-2-Wonder.
1-2-Wonder 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.
1. Our Services:
Person registering or renewing domain name ("Registrant")
hereby authorizes and instructs 1-2-Wonder Web Services ("1-2-Wonder")
to act as agent and on Registrant's behalf to manage any domain name registration
orders through 1-2-Wonder. All domain name registrations and/or renewals are
processed through an ICANN accredited registrar that 1-2-Wonder represents.
However, we at our discretion may choose to use any other
ICANN accredited registrar. This authority extends to 1-2-Wonder accessing
Registrant's domain name file to modify incorrect data and to manage all other
aspects of this domain name, including the transfer of the domain name to
another ICANN accredited registrar. 1-2-Wonder makes no representations as
to whether or not these names infringe or violate any trademark or intellectual
property
rights. This is the sole responsibility of the Registrant.
ICANN oversees registrations and other aspects of the TLDs.
All domain name registrations registered for TLDs are not effective until
the domain name registration information you provide us has been delivered
by the Registrar to the registry administrator for the TLDs, as applicable, and the
registry administrator puts into effect your domain name registration.
You agree and acknowledge that 1-2-Wonder is not liable or responsible
in any way for any errors, omissions or any other actions by the registry
administrator arising out of or related to your application and receipt of,
or failure to receive, a domain name registration.
You further agree to indemnify, defend and hold harmless 1-2-Wonder
and the Registrar and applicable registry administrator(s) and their directors, officers,
employees, and agents from and against any and all claims, damages, liabilities,
costs, and expenses (including any direct, indirect, incidental, special or
consequential damages and reasonable legal fees and expenses) arising out
of, or related to, your domain name registration.
2. 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 or the Registrar might be ordered by a court
to cancel, modify, or transfer your domain name. You should also be aware
that if we or the Registrar are sued or threatened with lawsuit in connection with
your domain name, we or the Registrar may turn to you to hold us harmless and to indemnify
us.
3. Fees:
As consideration for the domain name registration services and/or
other services provided by 1-2-Wonder to you, you agree to pay 1-2-Wonder,
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 or if your account settings indicate "auto renew" for
the domain, 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 1-2-Wonder in its sole discretion).
PAYMENTS AND RECURRING PAYMENTS SETUP
MASTERCARD AND VISA USERS:
If an initial order is paid with a credit card, the card information will be encrypted and stored in the "Your Stats"
area of the customer's User Account at our site. If the domain is set to "auto renew" in the account, renewal payments will
be automatic and recurring as long as the credit card information in the associated User Account stays current. Domain auto-renewal, if set, will occur approximately one month before the domain's scheduled expiration. When auto-renew payment is completed, one full year will be added to the domain's originally scheduled expiration date.
To set up a different credit card to be used for recurring payments,
the customer must login at our web site here with his/her
1-2-Wonder Web Services Username and click on "Update Card" in the "Your Stats" area of the user account.
It is the customer's responsibility to ensure that his/her credit card is valid. We are charged a fee by the credit card processor every time a customer's credit card is declined. Therefore, for every credit card payment attempt that is declined,
a fee of USD $0.85 (85¢ US) will be charged to the customer.
1-2-Wonder at its discretion may delete invalid/declined credit card information from a customer's account if payment attempts
repeatedly or frequently result in declined transactions. The customer should contact his or her issuing bank and resolve any credit card problem/s before
trying to use a declined card again. If the credit card is not valid, or if the customer does not want it charged automatically, it is
customer's responsibility to remove the card from the "Your Stats" area of the customer's User Account.
Any customer with an Overdue Invoice shall not be eligible for support of any kind. Additionally, any new order placed by a customer with an Overdue Invoice in his/her account is subject to being refused and voided without processing.
Fees paid for domain registration or related domain services will appear on the customer's credit card or PayPal statement as "1-2-WONDER".
As further consideration for the 1-2-Wonder service(s), you
agree to:
- Provide certain current, complete and accurate information about you as
required by the registration process and
- 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 your
payment of fees for any services, you agree and acknowledge that 1-2-Wonder
may suspend access to any and all accounts you have with 1-2-Wonder and that
all right, title, interest in, and use of any domain name registration(s)
and/or websites, email, or other data hosted on 1-2-Wonder systems shall be
assumed by 1-2-Wonder. We will reinstate your rights solely at our discretion,
and subject to our receipt of the unpaid fee(s) and our then-current reinstatement
fee, currently set at US$50. Charges for services may be identified on your
credit card statement as "Domain Name Registration" or under a similar
moniker.
You acknowledge that it is your responsibility to keep your
own records and to maintain your own reminders regarding when your registration
or other services are set to expire. As a convenience to you, and not as a
binding commitment, we may notify you via an email message or via your account
information when renewal fees are due. Should these fees go unpaid, your services
will expire or be cancelled. Payment must be made by credit card or such other
method as we may indicate in the registration application or renewal form.
If the "auto renew" feature is selected with respect to the services
you have ordered from us, we may attempt to renew your registration or other
services a reasonable time before expiration, provided your credit card or
other billing information is available and up to date. You acknowledge that
it is your responsibility to keep your billing information up to date and
that we are not required to, but that we may, contact you to update this information
in the event that an attempted transaction is not processed.
4. Disclaimer, Disputes, and the Domain Name Dispute Policy:
If you request, reserved or registered a domain name through
us, or transferred a domain name to us from another registrar, you agree to
be bound by 1-2-Wonder's current Disclaimer published on our site ("Disclaimer")
and our current Domain Name Dispute Policy ("Dispute Policy") which
are incorporated herein and made a part of this Agreement by reference. The
Disclaimer can be found at http://www.12wonderwebservices.com/disclaimer.php
and the Dispute Policy can be found at http://www.12wonderwebservices.com/dispute_policy.php.
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 1-2-Wonder
harmless pursuant to the terms and conditions contained in the Dispute Policy.
You also understand that it is important for you to regularly monitor (at
least several times per week) email sent to the email address associated with
your Account Information because, among other reasons, if a dispute arises
regarding services provided to you, you may lose your rights to the services
if you do not respond expeditiously to an email sent in conjunction therewith.
5. Transfer to another Registrar:
You agree that you may not transfer your domain name registration
to another domain name registrar during the first sixty (60) days from the
effective date of your initial domain name registration with 1-2-Wonder or
after the expiration, but before the deletion, of your domain name. Your request
to transfer to another registrar may be denied in situations which include,
but are not limited to, a dispute over the identity of the domain name holder,
bankruptcy, and failure to pay fees when due.
You acknowledge that you assume all risk for a failure of a
transfer process if the transfer process is initiated close to the end of
a registration term.
To prevent transfers not initiated by you, you agree that we
may place a Registrar Lock ("lock") on your domain name. You also
have the ability to prevent a transfer to another registrar by placing a lock
on your domain name. By maintaining the locked status on your domain name,
you are providing express objection to any and all transfer requests issued
from another registrar. Should you choose to transfer to another registrar,
you must log into your account and remove the lock prior to our receipt of
the transfer request from the gaining registrar.
6. Modifications to 1-2-Wonder's Registration Agreement and
Dispute Policy:
You agree, during the period of this Agreement, that we, in
our sole discretion, may:
- Revise the terms and conditions of this Agreement and the Dispute Policy;
and
- Change the services provided under this Agreement.
Any such revision or change will be binding and effective within 30 days
of when the revised Agreement or change to the service(s) is posted on 1-2-Wonder's
web site, or immediately after viewing the revised Agreement on 1-2-Wonder's
website or immediately on notification to you by e-mail or United States mail.
You agree to review 1-2-Wonder's web site, including the Agreement, periodically
to be aware of any such revisions. You agree that, by continuing to use the
1-2-Wonder services or your continued use of a domain name registered to you
through our services 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 such changes, that you may request, by providing us with
notice by e-mail at info@12wonderwebservices.com
or United States mail at the addresses listed in the contact information found
on www.12wonderwebservices.com/contact.php,
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.
7. 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:
- The domain name being registered; and
- Your (or the domain name holder's) name; postal address; a valid, functioning e-mail address;
voice telephone number; and where available, fax number; and
- The name; postal address; valid, functioning e-mail address; voice telephone number; and where
available, fax number of all contacts for the domain name; and
- Valid payment information.
Failure to provide the required information, or providing false, obfuscated, or invalid information will result in cancelation of any associated order/s and deactivation of the customer account.
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 Registration.
In addition to the information you provide, we and the Registrar maintain records relating
to your domain name registration. These records may include:
- The original creation date of the registration;
- The submission date and time of the registration application to us and
by us to the proper registry;
- Communications (electronic or paper form) constituting registration orders,
modifications, or terminations and related correspondence between you and
us;
- Records of account for your domain name registration, including dates and
amounts of all payments and refunds;
- The IP addresses of the primary nameserver and any secondary nameservers
for the domain name;
- The corresponding names of those nameservers;
- The name, postal address, e-mail address, voice telephone number, and where
available, fax number of the technical contact for the domain name;
- The name, postal address, e-mail address, voice telephone number, and where
available, fax number of the zone contact for the domain name;
- The expiration and renewal date of the registration;
- 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
- Provided notice to that third party of the disclosure and use of that party's
information as set forth in this Agreement, and 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 1-2-Wonder 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.
As indicated above in paragraph 4 and elsewhere in this Agreement,
you understand that it is important for you to regularly monitor (at least
several times per week) email sent to the email address associated with the
"registrant" in your Account Information because, among other reasons,
if a dispute arises regarding a domain name in your account, you may lose
your rights to the domain name if you do not respond appropriately to an email
sent in conjunction therewith.
Privacy Policy: Disclosure and Use of Registration Information.
You agree and acknowledge that 1-2-Wonder will make available
domain name registration information you provide or that we otherwise maintain
to ICANN, to the registry administrator(s), and to other third parties as
ICANN and applicable laws may require or permit. You further agree and acknowledge
that 1-2-Wonder 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 ICANN and applicable laws.
Additionally, you acknowledge that ICANN may establish guidelines,
limits and/or requirements that relate to the amount and type of information
that 1-2-Wonder 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 1-2-Wonder.
You may access your domain name registration information in
our possession to review, modify or update such information, by accessing
your account at our web site (www.12wonderwebservices.com), or via a similar
service. In order to change any of your account information with us, you must
use your Account Login Identifier and Password that you selected when you
opened your account with us. Please safeguard your Account Login Identifier
and Password from any unauthorized use. You agree that any person in possession
of you Account Login Identifier and Password will have the ability and your
authorization to modify your account information. 1-2-Wonder will take reasonable
precautions to protect the information it obtains from you from loss, misuse,
unauthorized access or disclosure, alteration or destruction of that information;
you agree that, if 1-2-Wonder takes reasonable precautions in relation thereto,
that in no event shall 1-2-Wonder be liable if such reasonable precautions
do not prevent the unauthorized use or misuse of your Account Identifier or
Password and that, even if 1-2-Wonder fails to take reasonable precautions,
that 1-2-Wonder's liability under any circumstances shall be limited by the
limitation of liability found in paragraph 13 of this Agreement.
8. Ownership of Information and Data:
You agree and acknowledge that 1-2-Wonder and the Registrar own all database,
compilation, collective and similar rights, title and interests worldwide
in their domain name databases, and all information and derivative works generated
from the domain name databases. You further agree and acknowledge that we
and the Registrar own the following information for those registrations for which we
are the registrar:
- The original creation date of the registration,
- The expiration date of the registration,
- The name, postal address, e-mail address, voice telephone number, and where
available fax number of all contacts for the domain name registration,
- Any remarks concerning the registered domain name that appear or should
appear in the WHOIS or similar database, and
- Any other information we generate or obtain in connection with the provision
of domain name registration services, other than the domain name being registered,
the IP addresses of the primary nameserver and any secondary nameservers for
the domain name, and the corresponding names of those nameservers.
1-2-Wonder does not have any ownership interest in your specific personal
registration information outside of its rights in our domain name database.
9. 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.
10. "Name Only" Services, Incomplete DNS Information,
and Use of Free Services:
You agree that if you purchase "Name Only" services
or that if you provide incomplete DNS information (the information described
in paragraphs 7.iv.E. and 7.iv.F.) in your Account Information, that 1-2-Wonder
may direct the domain name to an IP address designated by 1-2-Wonder or the Registrar,
including, without limitation, to an IP address which hosts a parking page
or a commercial search engine. If you provided incomplete DNS information
(and you did not purchase "Name Only" services), you understand
that you can update and thereby override the DNS information designated by
1-2-Wonder.
In consideration for providing additional optional services
for which 1-2-Wonder does not charge an additional fee, which may include
but is not limited to email forwarding, free parking page,
free website hosting, free email services, or other services which 1-2-Wonder
may introduce from time to time but for which there is not a separate fee
("Free Services"), you agree that, if you use such Free Services,
1-2-Wonder and/or the Registrar may display advertising in conjunction therewith through
the use of pop-up or pop-under browser windows, banner advertisements, audio
or video streams, appendices to emails, or other similar advertising means,
and that 1-2-Wonder and the Registrar may aggregate related usage data by means of
cookies and other similar means.
11. After Expiration of the Term of a Domain Name Registration:
After expiration of the term of a domain name registration and
before deletion of the domain name by the applicable registry, you acknowledge
that 1-2-Wonder may direct the domain name to an IP address designated by
1-2-Wonder, including, without limitation, to an IP address which hosts a
parking page or a commercial search engine and you acknowledge that 1-2-Wonder
may place 1-2-Wonder's or the Registrar's contact information in the WHOIS output for
expired domain name.
After expiration of the term of a domain name registration,
you acknowledge that certain registry administrators may provide procedures
or grace periods during which expired domain name registrations may be renewed.
You acknowledge that you assume all risks and all consequences if you wait
until close to or after the end of a domain name registration term to attempt
to renew the registration. You acknowledge that 1-2-Wonder, for any reason
and in its sole discretion, may choose not to participate in a post-expiration
renewal process and that 1-2-Wonder shall not be liable therefore. You acknowledge
that post-expiration renewal processes involve additional fees which 1-2-Wonder
may determine in its sole discretion. You acknowledge that, upon expiration
of the term of a domain name, that the applicable registry may make the domain
name available to be registered by any party at any time.
You also agree that, after expiration of the term of a domain
name registration and any applicable grace periods for which there is no fee
above the regular domain name registration renewal fee, and assuming you did
not exercise your rights as a registrant during such period, that 1-2-Wonder
may renew the domain name registration in your name and that 1-2-Wonder may
continue to point the domain name to an IP address designated by 1-2-Wonder.
If 1-2-Wonder exercises its rights under this provision, you as the listed
registrant may be allowed to assume, at any time, complete management of
the domain name, including the right to set the DNS information, upon payment of all applicable fees.
12. 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.
13. Limitation of Liability:
YOU AGREE THAT 1-2-WONDER AND THE REGISTRAR WILL NOT BE LIABLE FOR ANY
(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 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 1-2-WONDER'S OR AND THE REGISTRAR'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. 1-2-WONDER AND THE REGISTRY 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 1-2-WONDER
AND THE REGISTRAR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL 1-2-WONDER'S OR THE REGISTRAR'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER
THAN ONE HUNDRED FIFTY DOLLARS ($150.00). 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.
14. Indemnity:
You agree to release, indemnify, and hold all Registry Operators,
the Registrar, 1-2-Wonder, their contractors, agents, employees, officers, directors
and affiliates harmless from all liabilities, claims and expenses, including
attorney's fees and court costs, for third party claims relating to or arising
under this Agreement, the 1-2-Wonder services provided hereunder, or your
use of the 1-2-Wonder services, including without limitation infringement
by you, or someone else using any 1-2-Wonder service with your computer, of
any intellectual property or other proprietary right of any person or entity,
or from the violation of any 1-2-Wonder operating rule or policy relating
to the service(s) provided. When 1-2-Wonder may be involved in a suit involving
a third party and which is related to our services to you under this Agreement,
1-2-Wonder and the Registrar may seek written assurances from you in which you promise
to indemnify and hold 1-2-Wonder and the Registrar harmless from the costs and liabilities
described in this paragraph. Such written assurances may include, in 1-2-Wonder's
or the Registrar's sole discretion, the posting of performance bonds or other guarantees
reasonably calculated to guarantee payment to 1-2-Wonder and/or the Registrar. Your
failure to provide such assurances may be considered by us to be a breach
of this Agreement by you and may, in 1-2-Wonder's or the Registrar's sole discretion,
result in loss of your right to control the disposition of domain names for
which you are the registrant and in relation to which 1-2-Wonder or the Registrar is
the registrar of record. This indemnification is in addition to any indemnification
required under the Dispute Policy.
15. 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." 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, 1-2-WONDER AND THE REGISTRAR MAKE 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 1-2-WONDER'S
AND THE REGISTRAR'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. 1-2-WONDER AND THE REGISTRAR MAKE 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 1-2-WONDER OR THE REGISTRAR 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.
16. CHARGEBACKS AND BANK REVERSALS:
A chargeback is the reversal of charges by the owner of a credit card
or bank account after payment has been made. Chargebacks are a very serious matter because they have an adverse effect on the rate we pay for all
transaction fees, as well as on our merchant risk ratings. Additionally, we have to pay high penalty fees on each and every chargeback.
A high risk rating can ultimately prevent a merchant from being able to accept credit cards or Paypal.
Therefore we utilize strict fraud-screening procedures before accepting any order, and will vigorously defend and/or impose penalties and collect costs for chargebacks.
Customer agrees not to make any chargebacks or payment reversals against 1-2-Wonder Web Services. If a chargeback or payment reversal results,
the related invoice will become unpaid. Regardless of the reason the customer initiated the chargeback, ANY payment that results in a chargeback
or reversal will cause the customer's User Account/s and all services with us to be immediately suspended and/or revoked.
If the transaction involved domain/s or related service/s, 1-2-Wonder will, upon learning of a chargeback, immediately take possession, ownership,
and full control of the domain/s and all services related to the transaction, to keep, sell, use, redirect, hold, auction off, or permanently dispose of as we wish.
The domain/s affected by the chargeback may also be redirected to a Suspended page containing a link to this section of the Domain Registration Agreement.
In addition, in the event of any chargeback or payment reversal,
Customer will be billed for, at minimum, all of the following fees, penalties, and costs:
- $25.00 Suspension Fee for suspension of the customer's User Account; plus
- $50.00 Chargeback Fee per chargeback or payment-reversed invoice; plus
- The amount due on each invoice on which payment was reversed; plus
- All related labor and time costs: Dealing with chargebacks is extremely time-intensive and robs us of time that could be spent in normal income-producing activities.
Therefore, any customer initiating a chargeback shall be billed $75.00 per hour labor charge for all time that is spent by 1-2-Wonder or any of its representatives to deal with or defend the chargeback, with a minimum of two hours ($150.00), and billed at additional half-hour increments after the first two hours. Labor billing will include all time spent in communication with and/or handling and/or dealing with: the Customer, banks, merchant account providers, card processors, Chargeback Processing Center, email, telephone, postal mail, faxes, collections agencies, attorneys, mediators, and/or any third parties in relation to the chargeback/s, related invoices, payments, fees, penalties, suspensions, costs,
or any dispute or collection issues thereof; plus
- All other fees, penalties, and charges incurred by 1-2-Wonder as a result of the chargeback/s, including but not limited to collection costs, attorney costs and fees, and court costs and fees.
Remember: IT IS MUCH CHEAPER FOR YOU TO SIMPLY CONTACT US IF YOU HAVE A QUESTION
ABOUT YOUR BILL, RATHER THAN TO LOSE YOUR DOMAIN AND RECEIVE A BILL FOR SEVERAL
HUNDRED DOLLARS (MINIMUM $225.00 PLUS ORIGINAL INVOICE/S AMOUNTS) OR MORE, AS A RESULT OF YOUR DOING A CHARGEBACK.
The customer's User Account will not be reactivated or accessible to the customer until we receive all of the following:
- For each charged-back transaction, a written and signed statement from the customer retracting the chargeback and admitting to the validity
of the original charge. To expedite fact-checking during the Chargeback Processing Center's investigation, this statement must also include: Customer's full name; name on the credit card, credit card type and last 4 digits; the amount; date paid; Invoice number; Order ID; and Transaction ID.
- Written notification from the merchant bank or our Chargeback Processing Center that the chargeback has been withdrawn. This is necessary to enable us to remove the "black mark" on our
merchant risk ratings with our card processors.
- Confirmation from our bank, in the form of the funds being re-deposited to our bank account, that the chargeback has been reversed or withdrawn.
- A bank check (not a personal check) from the customer in the amount of $25.00 to reactivate the customer's User Account.
Customer will be notified by email when the User Account is reactivated. Customer may then log in and view all open invoices and remaining fees. The services and/or items associated
with any payment-reversed invoice will not be restored to the customer until the original invoice/s and all chargeback fees, suspension fees, labor/time costs and billings are all confirmed to be paid in full by bank check or money order and the payment funds have cleared at all banks. Personal checks will not be accepted, no exceptions.
Customer consents to the possible retention of all voicemails between 1-2-Wonder or its representatives and Customer or Customer's representatives, for the mutual protection of all parties. By engaging the services of 1-2-Wonder, the Customer gives 1-2-Wonder the right at the sole discretion of 1-2-Wonder to provide and/or to request any information to any third party in relation to an investigation of reversal or chargeback. This includes copies of all communications between 1-2-Wonder and its representatives and the Customer or Customer's representatives.
Customer authorizes and indemnifies Customer's ISP, financial institution(s), or any third party to release and disclose information about the customer and the purchase for us to prove in a court a law that this was indeed a legitimate purchase and that Customer did purchase the service or product. Customer agrees to pay all related charges, including collection fees, legal fees, and costs, should an investigation arise in relation to any chargeback or bank reversal associated with the purchase of our products and services. Interest at a rate of 15% will be calculated against any balance that is in dispute due to a chargeback, bank reversal or any similar cancellation of payment.
1-2-Wonder reserves the right to permanently add complete and detailed information to one or more chargeback protection databases to be shared by other merchants in the event of any actual or threatened chargeback or payment reversal.
This information will include, but may not be limited to, purchase date and all order information; your complete personal, company, and contact data; and details on the
incident. Further note that our privacy policy will be null & void.
A chargeback may result in the refusal by 1-2-Wonder to accept any future orders at all from a customer on whose account a chargeback occurred. If 1-2-Wonder does choose, at its sole discretion, to continue providing service of any kind to a customer on whose account a chargeback occurred, then 1-2-Wonder shall have the right to dictate specific terms of payment for all current and future invoices on that customer's account(s).
17. Breach and Revocation:
1-2-Wonder and the Registrar reserve the right to suspend, cancel, transfer
or modify your domain name registration or suspend, cancel or modify other
services we provide in the event you breach this Agreement (including the
Dispute Policy) and you do not cure such breach within thirty (30) days of
notice by 1-2-Wonder or the Registrar, OR if 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, OR if you use your
domain name in connection with unlawful activity, OR if 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 (including 1-2-Wonder or the Registrar) or registry administrator
procedures approved by an ICANN-adopted policy, to correct mistakes by 1-2-Wonder,
the Registrar, another registrar or the registry administrator in administering the
name or for the resolution of disputes concerning the domain name
You also agree that 1-2-Wonder and the Registrar shall have the right
in their sole discretion to suspend, cancel, transfer or otherwise modify
a domain name registration upon seven (7) calendar days prior written notice
(written notice including notice via email), or at such time as 1-2-Wonder
or the Registrar 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.
18. 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 1-2-Wonder or
the Registrar 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 1-2-Wonder
or the Registrar service(s), or we delete your domain name or other 1-2-Wonder or the Registrar
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 1-2-Wonder or the Registrar service(s).
19. Governing Law:
Except as otherwise set forth in the Dispute Policy with respect
to disputes, 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 Washington, as if the Agreement was a contract wholly entered
into and wholly performed within the State of Washington. 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 the Registrar domain registration
shall be brought exclusively in the United States District Court for the Western
District of Washington, or if there is no jurisdiction in such court, then
in a state court in King County, Washington state.
20. Notices:
You agree that any notices required to be given under this Agreement
by 1-2-Wonder to you will be deemed to have been given if delivered in accordance
with the Account Information you have provided.
21. Minors:
You attest that you are of legal age to enter into this Agreement.
22. General:
This Agreement, 1-2-Wonder's Disclaimer and the Dispute Policy,
together with all modifications, constitute the complete and exclusive agreement
between you and 1-2-Wonder and the Registrar, 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 1-2-Wonder or the Registrar 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 1-2-Wonder or the Registrar 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. 1-2-Wonder and the Registrar 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 1-2-Wonder and the Registrar as reflected in
the original provision. This Agreement, 1-2-Wonder'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 1-2-Wonder
or the Registrar.
23. Additional Registry Requirements
Listed below are additional contractual requirements that you,
the registrant, must agree to should you desire to register a domain name
in these registries:
.TV, .CC, .BZ, and .WS
.INFO
.BIZ
.NAME
.US
.NU
.UK
.TM
.CA
.KIDS.US
.COM.TW, .ORG.TW, & .IDV.TW
.DE
.US.COM, .EU.COM, .BR.COM, .CN.COM, .DE.COM, .HU.COM, .NO.COM, .QC.COM,
.RU.COM, .SA.COM, .SE.COM, .SE.NET, .UK.COM, .UK.NET, .UY.COM & .ZA.COM
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