This Service Agreement ("Agreement") sets forth the
terms and conditions of our agreement relating to your use of
the domain name registration services provided by Seem Internet Solutions
to register an Internet domain name, as well as the registration
of the domain name.
To complete the registration process, you must acknowledge
that you have read, understood, and agree to be bound by all the
terms and conditions of this Agreement, any rules or policies
that are or may be published by Seem Internet Solutions from
time to time, and the rules and regulations set forth by the
registry administrators for the respective registries. This
Agreement will become effective upon acceptance by Seem Internet Solutions.
Seem Internet Solutions may at its sole discretion, elect to
accept or reject any application for registration of domain name
for any reason, including but not limited to, rejection due to a
request for registration of a prohibited domain name.
1. WHO WE ARE AND WHAT WE DO
Upon Seem Internet Solutions' receipt of domain name
registration information from you, Seem Internet Solutions shall
submit the information to the registry administrator for the
appropriate top-level domain for approval and processing. The
registry administrator then puts into effect the domain name
registration. Network Solutions, Inc. currently acts as the
registry administrator for the .com, .org, and .net top-level
domains. Nominet UK acts as the registry administrator for the .co.uk,
.org.uk, and .me.uk top-level domains. In registering a UK name , you are deemed to have read and agreed to the Terms and Conditions of the Naming authority Nominet. Domain name applications are processed urgently. In the unlikely event that a domain name becomes unavailable we will contact you and ask you to make another choice. Seem Internet Solutions Limited cannot be held liable for any losses caused by non-registration.
2. FEES
As consideration for Seem Internet Solutions providing domain
name registration services to you, you agree to pay Seem Internet Solutions,
prior to the approval of the desired domain name registration,
the amounts set forth in the Seem Internet Solutions Price
Schedule, as amended from time to time, for the initial
registration of the domain name and any subsequent renewals.
Your application will not be registered until Seem Internet Solutions
receives actual payment of the registration fee. If Seem Internet Solutions
does register a domain name prior to payment of the registration
fee, Seem Internet Solutions reserves the right to cancel that
registration or restrict use of the domain name until payment
has been received.
All fees must be prepaid and are non-refundable, in whole or
in part, even if the domain name registration is suspended,
cancelled or transferred prior to the end of the registration
term. Excepted from the European Directive on distance selling (7 day cancellation period) which is incorporated into UK law by The Consumer Protection (Distance Selling) Regulations 2000. "There are exceptions where the 7-day cancellation period is not given, these include where the service had commenced with the consumers' agreement before the end of the cancellation period."
In the event of a charge back by a credit card company or
other payment provider authorized by Seem Internet Solutions,
the domain name registration shall be transferred to Seem Internet Solutions
as the paying entity for the registration. Seem Internet Solutions
may reinstate your domain name registration at its sole
discretion upon its receipt of the registration or renewal fee
and its then current reinstatement fee. If there are any outstanding fees owed by you , either for hosting , or domain registration , Seem Internet Solutions reserve the right to refuse transfer of a domain , until said fee(s) are settled.
Payment must be made by credit card or other methods we
indicate in registration application or renewal form.
3. CHANGES TO REGISTRATION AGREEMENT AND DISPUTE POLICY
You acknowledge and recognize that the domain name system and
the practice of registering and administering domain names are
continuously evolving, and acknowledge and agree that Seem Internet Solutions
may modify this Agreement and the Dispute Policy as necessary
from time to time to comply with any agreements by which Seem Internet Solutions
is or will be bound, and to adjust to changing business
circumstances.
Your continued use of the registered domain name constitutes
acceptance of this Agreement and amendments. If at any time, you
do not agree to such changes, you agree that your sole remedy is
to request that your domain name registration be cancelled or
transferred to a different domain name registrar.
4. CONTACT WITH Seem Internet Solutions
You acknowledge and recognize that all contact with Seem Internet Solutions
in the first instance should be made via the contact email
addresses on our website here,
or via our postal address.
You agree that Seem Internet Solutions is not obliged to
offer telephone support as part of your agreement.
5. DOMAIN NAME REGISTRATION INFORMATION AND ITS USE
Information you are required to Submit
As part of the registration process, you are required to
submit to Seem Internet Solutions and keep updated the following
information in connection with your application for domain name
registration:
(a) the domain name to be registered;
(b) the domain name holder's name and mailing address;
(c) the name, mailing address, email address, telephone
number, and fax number of the administrative contact for the
domain name; and
(d) the name, mailing address, email address, telephone number
and fax number of the billing contact for the domain name.
You shall provide and maintain updated information at all
times with Seem Internet Solutions. Seem Internet Solutions at
its option may refuse to renew any registrations unless you
maintain current and updated information at all times.
Seem Internet Solutions may from time to time request
additional information from you. While not obligated to provide
the additional information, you should provide the additional
requested information to ensure that you will obtain all the
products and services which Seem Internet Solutions makes
available to domain name registrants.
Additional Information Maintained About your
Registration
In Addition to the information you provide, we maintain
additional information relating to your domain name
registration, including:
(a) the original creation date of the registration;
(b) the date and time the registration application was
submitted to us and the appropriate registry;
(c) communications constituting registration orders,
modifications, or terminations and related correspondence;
(d) records of account for your domain name registration,
including dates and amounts of all payments and refunds;
(e) the IP names and address of the primary name servers and
any secondary name servers;
(f) the name, mailing address, email address, telephone
number, and fax number of the technical contact for the domain
name;
(g) the name, mailing address, email address, telephone
number, and fax number of the zone contact for the domain
name;
(h) the expiration date of the registration; and (i) other
information regarding all other activity regarding your domain
name registration and related services.
Obligations Relating to Data Provided by You
If in registering a domain name you provide information about
a third party, you hereby represent that you have provided
notice to and have obtained the express consent from the third
party to the disclosure and use of the third party's information
as set forth in this Agreement.
Disclosure and Use of Registration Information
You agree to authorize Seem Internet Solutions to provide any
information to ICANN, the registry administrators and to other
third parties as ICANN and applicable laws may require or
permit. You acknowledge and agree Seem Internet Solutions may
make publicly available, some or all of the domain registration
information provided by you, for purposes of inspection such as
through Seem Internet Solutions' WHOIS service, for targeted
marketing, or for any other purpose as required or permitted by
ICANN and applicable laws.
In addition, you acknowledge that ICANN may establish
guidelines, limits and requirements that relate to the amount
and type of information that Seem Internet Solutions 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 and updated from time to time provide in
connection with registration of a domain name, whether during or
after term of the registration of the domain name. You hereby
irrevocably waive any and claims and causes of action you may
have arising from such disclosure or use of the domain name
registration information.
You may access your domain name registration information in Seem Internet
Solutions' possession to review, modify or update such
information, by accessing our domain manger service, or similar
service, available at our web site at http://www.Seem.co.uk.
We will not process any data about any identification natural
person that we obtain from you in a way incompatible with the
purpose and limitations described in this Agreement. We will
take reasonable precautions to protect the information we obtain
from you from our loss, misuse, unauthorized access or
disclosure, alteration or destruction of that information.
6. OWNERSHIP OF DATA
You agree and acknowledge that Seem Internet Solutions owns
the following:
(a) all database, compilation, collective and similar
right, title and interests worldwide in the domain name
database;
(b) all information and derivative works generated from the
domain name database; and
(c) information for the registrations for which Seem Internet Solutions
acts as the registrar including:
(i) the original creation date of the
registration;
(ii) the expiration date of the registration;
(iii) the name, mailing address, email address, telephone
number, and fax number of the technical contact,
administrative contact, zone contact, and billing contact
for the domain name;
(iv) remarks concerning the registered domain name that
appear or should appear in the WHOIS or similar database;
and
(v) other information generated or obtained in connection
with the provision of domain name registration services,
other the domain name being registered, and the IP names and
addresses of the primary nameserver and any secondary
nameservers.
Seem Internet Solutions does not have any ownership interest
in your specific personal registration information outside of
your right in our domain name database.
7. AGENTS AND LICENSES
You agree that in the event you register a domain name for
another entity, you represent that you have the authority to
bind that entity as a principal to all terms and conditions
contained in this Agreement.
You acknowledge and agree that if you license the use of your
registered domain name to a third party, you remain the domain
name holder of record and remain responsible for all obligations
under this Agreement, including payment obligations, and
providing and updating your 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 domain name and domain
registration.
8. LIMITATION OF LIABILITY
You agree that Seem Internet Solutions shall, under no
circumstances, be liable for any special, indirect, incidental,
punitive, exemplary, or consequential damages resulting from
loss of profits, arising out of or in connection with this
Agreement, even if Seem Internet Solutions has been advised of
the possibility of such damages, and in particular Seem Internet Solutions
will not be liable for the following:
(a) suspension or loss of your domain registration;
(b) use of your domain name registration;
(c) interruption of your business;
(d) access delays or interruptions to any web sites accessed
by your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction, or
modification of data;
(f) events beyond the reasonable control of Seem Internet Solutions;
(g) processing of an application for domain name registration;
or
(h) application of the Dispute Policy.
Seem Internet Solutions shall not, under any circumstances,
be liable or responsible for any errors, omissions or other
actions by the registry administrator arising out of or related
to your application, receipt of, or failure to receive a domain
name registration.
Seem Internet Solutions' maximum aggregate liability shall
not exceed the greater of:
9. INDEMNIFICATION OF Seem Internet Solutions
You agree to defend, indemnify and hold harmless Seem Internet Solutions
and the registry administrator, including our and its employees,
directors, officers, representatives, agents and affiliates,
from and against any claim, action, suit, demand, loss, damages,
costs ( including reasonable legal fees, expert witness fees and
expenses), or other proceeding related to or arising out of the
registration or use of the domain name. This indemnification is
in addition to any indemnification required under the Dispute
Policy.
10. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a) all information provided in connection with your domain
name registration is accurate; and
(b) 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 acknowledge and agree that all domain name registration
services provided to you by Seem Internet Solutions are provided
on an "as is" basis. Seem Internet Solutions makes no
representations or warranties of any kind, express or implied,
in connection with this Agreement or its domain name
registrations services, including but not limited to warranties
of merchantability or fitness for a particular purpose. Seem Internet Solutions
makes no representation or warranties of any kind that
registrations or use of domain name under this Agreement will
immunize you from challenges to the domain name registration or
from suspension, cancellation, or transfer of the domain name to
you.
11. BREACH AND REVOCATION
Seem Internet Solutions reserves the right to suspend,
cancel, transfer or modify your domain name registration in the
event that:
(a) you materially breach this Agreement;
(b) you use your registered domain name to send unsolicited
commercial advertisements in contravention of 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 in this Agreement.
You further acknowledge and agree that your domain name
registration is subject to suspension, cancellation or transfer
by any ICANN procedure, by any registrar (including Seem Internet Solutions)
or registry administrator procedures approved by an ICANN-adopted
policy, or by any other country code top-level domain registry
administering procedures to correct mistakes by Seem Internet Solutions,
another registrar or the registry administrator in administering
the name or for the resolution of disputes concerning the domain
name.
You also agree that Seem Internet Solutions 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 Seem Internet Solutions
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.
You acknowledge and agree that:
(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to Seem Internet Solutions' inquiries
concerning the acuracy of contact details within fifteen (15)
calendar days of request;
shall constitute a material breach of this Agreement and
will be sufficient basis for cancellation of your domain name
registration.
12. OTHER TERMS AND CONDITIONS
Force Majeure. Seem Internet Solutions shall
not be responsible for any failure to provide any service or
perform any obligation because of any act of God, strike, work
stoppage, governmental acts or directives, war, riot or civil
commotion, equipment or facilities shortages which are being
experienced by providers of telecommunication services
generally, or other similar force beyond its reasonable control.
Non-Waiver. The failure of Seem Internet Solutions
to require your performance provision shall not affect the full
right to require such performance at any time thereafter; nor
shall the waiver by Seem Internet Solutions of a breach of any
provision hereof be taken or held to be a waiver of the
provision itself.
Survival. The provisions, terms, conditions
representations, warranties, covenants, and obligations
contained in or imposed by this Agreement which by their
performance after the termination of this Agreement, shall be
and remain enforceable not with standing termination of the
Agreement for any reason. However, neither party shall be liable
to other for damages of any sort resulting solely from
terminating this Agreement in accordance with its terms but each
party shall be liable for any damage from any breach by it of
this Agreement.
Notice. You agree that any notice or
communications required or permitted to be delivered under this
Agreement by Seem Internet Solutions to you shall be deemed to
have been given if delivered by e-mail, overnight mail or United
States mail in accordance with the contact information you have
provided.
Governing Law. Except as otherwise set forth in
the Dispute Policy with respect to disputes, this Agreement,
your rights and obligations and all contemplated by this
Agreement shall be governed by the laws of the United Kingdom.
Legal Fees. If any legal action or proceeding,
including arbitration, relating to the performance or the
enforcement of any provision of this Agreement is brought by any
party to this Agreement, the prevailing party shall be entitled
to recover reasonable legal fees, expert witness fees, costs and
disbursements, in addition to any other relief to which the
prevailing party may be entitled.
Assignment. You shall not assign, sub-license
or transfer your rights or obligations under this Agreement to
any third party without the prior written consent of Seem Internet Solutions
However, in the event that Seem Internet Solutions
consents to such an assignment, sub-license or transfer, then
this Agreement shall ensure to the benefit of and be binding
upon the parties and their respective successors and permitted
assigns.
13. GENERAL
Entire Agreement.This Agreement constitutes the
entire Agreement between the parties and agreements are
representations or warranties, express or implied, statutory or
otherwise and no agreements collateral here to than as expressly
set or referred to here in. This Agreement supersedes any prior
agreements, representations, statements, negotiations,
understandings, proposals or undertakings, oral or written, with
respect to the subject matter expressly set forth here in.
Amendment in Writing This Agreement may not be
amended or modified by you except by means of a written document
signed by both you and an authorized representative of Seem Internet Solutions
Further Assurances. The parties shall execute
such further and other documents and instruments and take such
further and other actions as may be necessary to carry out and
give full effect to the transactions contemplated by this
Agreement.
Relationship of the Parties. Nothing in this
Agreement shall be construed as creating an agency relationship,
partnership or joint venture between the parties.
Joint and Several Obligations. If any party
consists of more than one entity, their obligations here under
are joint and several.
No Third Party Beneficiaries. This Agreement
does not provide and shall not be constructed to provide any
third parties, with any remedy, claim, cause of action or
privilege.
Severability. In the event that any provision
of this Agreement 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 Agreement
unenforceable or invalid as a whole. Seem Internet Solutions
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 Seem Internet Solutions as
reflected in the original provision.
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