Catalog.com, Inc. DBA Webhero Terms and Conditions 1. THIS IS AN AGREEMENT BETWEEN YOU AND CATALOG.COM, INC. CATALOG OFFERS THE CATALOG WEB SITES AND CATALOG.COM WEB HOSTING SERVICES AND DOMAIN REGISTRATION TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE CATALOG.COM OR AFFILIATE WEB SITES INCLUDING WEBHERO.COM CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 13, 14, and 15); AND AN EXCLUSIVE REMEDY (See Section 14). THESE PROVISIONS FORM THE ESSENTIAL BASIS OF OUR AGREEMENT. 2. HOW CATALOG MAY MODIFY THIS AGREEMENT You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any CATALOG Web Site. Your continued use of the CATALOG Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes. 3. ADDITIONAL TERMS 4. SUB-DOMAINS 5. FREE WEB HOSTING AND AD REVENUE 6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE CATALOG NETWORK 7. PURCHASING OR TRANSFERRING A DOMAIN NAME OR PURCHASING WEB HOSTING .com and .net Verisign, Inc. .biz NeuLevel, Inc. For Domain Disputes, unless the Registry has a different policy, you agree to follow ICANN's UDRP policy located at http://www.icann.org/udrp CATALOG may amend this agreement at any time, without notice, by posting the amended terms and conditions on our web site located at http://www.webhero.com/legal.php . (a) You agree to the submission of your information (name, phone number, address, city, state, and zip) to CATALOG for domain name registration purposes only. You will be the owner of your domain name upon official domain registration. (b) You agree to indemnify, defend and hold harmless CATALOG and VeriSign, Inc. or any other appropriate registry, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your domain name registration and or hosting services. (c) Successful domain name registration may only be verified by Registry and current WHOIS data records. (d) You agree to purchase at the time of this submission, both the domain name and web hosting services on your credit card or other method of payment specified in the payment fields. This charge will occur at the time you submit the form. (e) You agree that at the products next bill date to have your credit card automatically charged by CATALOG for total amount due. You agree that in order to avoid charges, products must be cancelled at least 15 days before their next bill date. To cancel you must visit https://secure.webhero.com/ and choose the product(s) you wish to cancel. (f) Domain registration will automatically renew for the same term as your initial signup period or for 1 year at a time at CATALOG's discretion. You will be notified by email of this renewal 30 days prior to the renewal date (it is your responsibility to notify CATALOG of any changes in contact information). To cancel you must visit https://secure.webhero.com/ and choose the product(s) you wish to cancel. (g) There is no money back guarantee for domain name registrations, nor can domain names be altered in any way after the submission. (h) Cancelled Domain registrations either by the domain holder or due to non-payment of services, will occur 7 to 17 days after the expire date; however, the domain may be put on a hold status on the expire date and become unusable at that time and then subsequently deleted 7 to 17 days later. (i) You are responsible for tracking your site storage limits and traffic throughput. Disk storage consists of email storage, web site storage, database storage, and e-commerce catalog storage. Throughput is a measurement of all inbound and outbound traffic for your domain which includes but is not limited to all ftp, www and FrontPage traffic as well as traffic generated by your online catalog if applicable. Tracking tools are available in the site administration component of your site - these logs will be used as the final rule for overage calculations. (j) You agree to pay any and all overage charges for Disk Usage and/or web site throughput. Failure to pay overage charges may result in the cancellation of your service with no refunds. Throughput overages are $0.002/MB ($2/GB). Storage overages are $0.05/MB ($50/GB). (k)Unlimited Web Site Transfer CATALOG may provide unlimited Web site transfer and unlimited disk space to select customers. Under this special offer, Customers may have unlimited data transfer from their Web site, excluding transfer from any database server or streaming media server. Customers must pay additional bandwidth fees for database server, streaming media server or file transfers that exceed 10 GB, in the aggregate, during any calendar month. To protect the legitimate Internet use of our Customers, Customers taking advantage of this special offer may not:
In the event of any dispute regarding these rules, CATALOG may determine violations of these rules in its sole discretion. Customers utilizing bandwidth in excess of plan limitations, or in violation of these rules, will pay CATALOG the applicable rate for excess bandwidth (currently $2 per GB). (l) Upon cancellation of a service or attempted transfer of domain from CATALOG while an account is not in good standing, CATALOG reserves the right to "lock down" and "hold" your domain name(s) until your account is paid in full. (m) You agree to our acceptable use policy, email policy, privacy policy, catalog policy and terms and conditions located at http://www.catalog.com/legal.html. (n) If you are Modifying or Transferring Registered domains: (a) You agree that you are the owner, or you have authorized power as agent for the owner, to make this change of domain request. You indemnify CATALOG of all domain name disputes between you and the domain name owner. (b) You agree to indemnify, defend and hold harmless CATALOG and VeriSign, Inc. or any other appropriate registry, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your domain name registration. (c) If you transfer a domain name to CATALOG under a promotion special that is less than our normal domain renewal price and you decide to transfer the name away from CATALOG prior to its next renewal, you will be billed the difference between the promotion special and the regular registration renewal fee. (o) You understand that CATALOG may from time to time change our terms and conditions and our product features and pricing structure and you agree to abide by any changes made by CATALOG or cancel your account in a timely manner. (p) CATALOG DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE SERVICES OR ANY PART THEREOF, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE ( WHETHER OR NOT CATALOG KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN ADDITION, CATALOG EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN COMPANY WITH RESPECT TO THE SERVICES OR ANY PART THEREOF. (q) Independent of, several from, and to be enforced independently of any other enforceable or unenforceable provision of this Agreement, OTHER THAN THE INFRINGEMENT OF ONE PARTY'S INTELLECTUAL PROPERTY RIGHTS BY ANOTHER PARTY, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND - including lost profits, loss of business, or other economic damage, and further including injury to property - ARISING FROM THE SERVICES OR AS A RESULT OF BREACH OF ANY TERM OF THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. (r) Independent and several from, and to be enforced independently of any other enforceable or unenforceable provision of this Agreement, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CATALOG TO USER, CUSTOMER, OR REGISTRAR (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY COMPANY), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER FOR THIS AGREEMENT, IN CONTRACT, TORT, OR OTHERWISE, EXTEND BEYOND THE AMOUNTS PAID TO CATALOG FOR THE SERVICES PROVIDED HEREIN DURING THE LAST THREE MONTHS BEFORE SUCH CLAIM OR CLAIMS. (s) You as the domain name Registrant agree if your domain name is stolen or hijacked by any means to indemnify, defend and hold harmless CATALOG and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your loss of business associated with your domain name and web site and any cost of securing the return of your domain name or web site. (t) Free Web Site hosting, also known as basic hosting, is defined as the disk space and throughput necessary to display your web site at your "URL". A URL is a Uniform Resource Locator such as www.yourdomain.com. Free Web Site hosting does not include any other products such as FrontPage Extensions, email or technical support. (u) Free email does not include any other products such as Web Hosting, Basic Hosting, or any other features and/or services. Customer must register a new domain name or transfer an existing domain to CATALOG in order to receive free email. CATALOG reserves the right to change free email product features and pricing at any time. (v) If your domain lapses for any reason, and it falls within a window that it can be restored before going back on the market, the fee for restoration is $149 per domain name. (w) CATALOG reserves the right to cancel any web site with 30 days written notice. Also the provision of false Whois information or any Domain Registration details can be grounds for cancellation of your domain name registration as can failure to respond to inquiries by CATALOG concerning this information or details for over fifteen calendar days. The Registered Domain Holder shall provide to CATALOG accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, email address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and all other data pertaining to that Domain Registration. (x) All domain names registered through CATALOG are pointed to a "Future Home" Web page which informs visitors that the registrant has recently registered their domain name via CATALOG. The Future Home Web page may be modified at any time by CATALOG without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by CATALOG (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. If for any reason you do not wish to have the domain name you have registered pointed to a Future Home Web page, please notify our Customer Support team by visiting http://www.sitesupport.us and opening a ticket. (y) Free web hosting with Domain Registration plan: All free web hosting plan customers agree that CATALOG may embed links to CATALOG?s site, partner sites, and customers' sites. You also agree that CATALOG may include footers and/or embedded HTML in your site. You agree that CATALOG may make the links visible or invisible. You also agree that CATALOG may send promotions offered by CATALOG and its partners at their sole discretion. (z) Free web hosting with Free Domain Name: If you sign up for Free web hosting with Free Domain Name, you agree that CATALOG is the owner of the domain name and you are licensed to use it by CATALOG. CATALOG may at any time and for any reason revoke your right to use the domain name or sub-domain name and web space including email and other services. You agree that CATALOG may from time to time send email promotions to your email account. (aa) All products under one customer account are treated the same with regards to disconnection of service or cancellation of service. This means you must be current on your account or all products are subject to disconnection or cancellation. (bb) The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party. (cc) For the adjudication of all disputes concerning or arising from the service and facilities provided under this agreement (other than use of the Registered Name), all litigation shall be commenced in a state or federal court sitting in Oklahoma County, Oklahoma. This venue selection clause is mandatory, not permissive, and litigation shall not be commenced in any other venue. The parties hereby waive all objections and consent to the jurisdiction and venue of any state or federal court sitting in Oklahoma County, Oklahoma. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located. (dd) The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name. THOSE REGISTERING .MOBI Domain names must adhere to the following Registered Name Holder shall: Indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holders domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement; (3.7) Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holders domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement; (3.7.1) Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. (dotmobi), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to Catalog.com being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement. (3.8.3) Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; (3.8.1) Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar; (3.8.2) Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy; (3.8.4) Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"); (3.8.5) Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name; (3.8.6) Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration. (3.8.7) Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute. (3.8.8.) Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted. (3.8.9) Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract. (3.9.1) 8. MEMBER CONDUCT You agree to not use the Service to: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 9. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY In addition, email sent, or caused to be sent, to or through the CATALOG Services may not:
CATALOG does not authorize the harvesting, mining or collection of email addresses or other information from or through the CATALOG Services. CATALOG does not permit or authorize others to use the CATALOG Services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber email addresses, which are CATALOG's confidential and proprietary information. CATALOG does not permit or authorize any attempt to use the CATALOG Services in a manner that could damage, disable, overburden or impair any aspect of any of the CATALOG Services, or that could interfere with any other party's use and enjoyment of any CATALOG Service. If CATALOG believes that unauthorized or improper use is being made of any CATALOG Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. CATALOG may immediately terminate any account on any CATALOG Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any email that violates this policy. Nothing in this policy is intended to grant any right to transmit or send email to, or through, the CATALOG Services. Failure to enforce this policy in every instance does not amount to a waiver of CATALOG's rights. Unauthorized use of the CATALOG Services in connection with the transmission of unsolicited email, including the transmission of email in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender. 10. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING Users will also be subject to the CATALOG acceptable use policies located at http://webhero.com/legal.php. 11. SOFTWARE CATALOG and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the CATALOG Web Sites including stock quotes, even if such information appears in any email, pager, cell phone or other alerts available through the CATALOG Web Sites. CATALOG and its suppliers do not authorize the use of information available from the CATALOG Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. CATALOG is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the CATALOG Web Sites constitute an offer or solicitation to buy or sell any security. CATALOG does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the CATALOG Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice. 13. CATALOG MAKES NO WARRANTY 14. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY 15. CHANGES TO THE CATALOG WEB SITES; ADDITIONAL LIABILITY LIMITATION 16. TERMINATION; ACCESS RESTRICTION 17. INTERPRETING THE AGREEMENT; ASSIGNMENT 18. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM 19. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS 20. INFORMATION PROVIDED ON YOUR CATALOG Third Party Account Information 21. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT 22. USERS SHALL BE BOUND BY THE CATALOG.COM, INC PRIVACY STATEMENT. FOR INFORMATION REGARDING THE CATALOG.COM PRIVACY STATEMENT CLICK HERE. 23. USERS OF ONESITE, INC products SHALL BE BOUND BY THE ONESITE, INC. TERMS OF SERVICE. FOR INFORMATION REGARDING THE ONESITE, INC> TERMS OF SERVICE CLICK HERE. 24. RESOLUTION OF DISPUTES Irrespective of the Conflict of Laws doctrine, this Agreement shall be governed, construed and enforced pursuant to the laws of the State of Oklahoma. I have read the terms and conditions above, and I hereby agree to all terms by submitting my signup request to CATALOG, Inc. or by using the CATALOG, Inc. network of web sites. |