PLEASE READ AND UNDERSTAND THE ENTIRE AGREEMENT BELOW BEFORE USING ANY OF OUR SERVICES, AND RE-READ THIS AGREEMENT PERIODICALLY DURING YOUR SUBSCRIPTION TERMS AS IT MAY CHANGE PERIODICALLY. IT CONTAINS IMPORTANT AGREEMENT INFORMATIONCONCERNING YOUR USE OF RIVA.NET Internet Services and RIVA.NET Registration Services.
A.
RIVA.NET Terms of Service Agreement between Subscriber (YOU) and RIVA.NET
1. AGREEMENT. This service agreement ("Agreement") is between Riva.Net, (hereinafter "RivaNet", "us", or "our") and the Subscriber (hereinafter "you" or "your"), and to our successors and assigns without limitation. This Agreement sets forth the terms and conditions under which RIVA.NET agrees to provide, and you agree to use, RIVA.NET Internet Access Services ("service" or "services").
2. FORMATION. You agree that by clicking "I agree" during the RIVA.NET on-line registration process, or by providing verbal assent to an agent or employee of RIVA.NET in person or during a telephone call registration, or by signing a written agreement form, and subsequently beginning or continuing to use RIVA.NET Internet Access Services, you consent to be bound by and do become a party to this Agreement.
3. CONSENT. In addition, you agree to comply with any amendments to this Agreement for which you receive notification by continuing to use the services after receiving such notification (see paragraph under the heading "Amendment", below). The current and binding terms of this Agreement are always set forth on the RIVA.NET home page at http://www.riva.net
4. DUTY TO TERMINATE. If at any time you do not agree or no longer agree to comply with the terms of this Agreement you are not authorized to use RIVA.NET Internet Access Services. If at any time you do not agree or no longer agree to comply with any amendment which was not part of this Agreement at the time you purchased services, you have the right and duty to terminate this Agreement pursuant to the subscriber termination procedure provided herein (see paragraph under the heading Termination by Subscriber, below). If you determine, within 24 hours of the time at which your account is activated, that the terms of this Agreement are not acceptable, you may cancel your subscription (see paragraph under the heading "Cancellation", below).
5. CONTACT INFORMATION. You agree to provide RIVA.NET with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail and street address, or telephone and fax number, or any other information that you provide to RIVA.NET in order to receive or to continue receiving services. Further, you agree to provide RIVA.NET with updated registration information within a reasonable period of time following the change in circumstance (for example if your taking new job results in a new work telephone number) that creates the need for updated information.
6. PERIOD OF SERVICE. You agree to pay for the period of service you select at the time you purchase services. This period will be specified in your service invoice. You agree that it is your responsibility to review your service invoice within a reasonable period after receiving your copy, to ensure that the invoice accurately indicates the period of service you requested. If not, it is your responsibility to immediately notify RIVA.NET to amend the invoice to indicate the period of service you requested. Your period of service commences on the date on which your account is activated.
7. RENEWAL OF SERVICE. Unless specified otherwise, all accounts will renew automatically at the end of the period corresponding to the plan that you select when you purchase services. If you do not wish to renew your account, you must follow the steps outlined in the section "Cancellation" below.
8. PRICE OF RECURRING SERVICES, INVOICING, AND TERMS OF PAYMENT. You agree and give permission for RIVA.NET to bill you automatically at the end of each consecutive term of your service with RIVA.NET, in advance or on the day of renewal, for service to be rendered in the next billing period. You agree that all invoices, payment notices, receipts and other account-relevant service notices will be deliverd solely by email and not postal mail, fax, or hand-delivery, and shall be delivered to any one of your RIVA.NET email addresses, or to another non-RIVA.NET email address that you specify in advance. You agree that the invoices or other notices are deemed delivered when sent to you, regardless of whether the email account you have provided to us or to which they are sent is in proper operation or whether you have equipment or not to receive those emails.You agree that all RIVA.NET service plans and services automatically renew unless special arrangements are made in advance. RIVA.NET will give you notice in advance of a renewal that the renewal date is approaching by email, and it is your responsibility to notify RIVA.NET if you do not want your services renewed. In the event of a change in pricing of your service with RIVA.NET, you will be notified by e-mail, postal mail, or verbally of such price change, at least 24 hours prior to your regular billing date. You agree that if you have more than one service plan or service type simultaneously with RIVA.NET, and you give us your credit card or electronic check account information for use in paying service fees for any one or more of those service plans, you agree that all service fees for all your services may be charged to the same credit card or checking account at any time. If any of the multiple services become delinquent in billing, regardless of when billed, you agree that RIVA.NET may suspend or terminate ALL services whether a portion of those services are already billed or not, at any time, with or without notice. You agree that, in the event of any outstanding unpaid balances being present on your account, that no services are considered paid until all services are paid. This means, for example, that if you have a domain name being used, and a web site being provided, and a dialup account in use, you may not claim that the domain name lease is paid, while the web site or dialup account are not, where you have paid only a part of the total outstanding balance. To give you up-to-date monitoring and control of your services, RIVA.NET provides you with electronic access to a services control, billing and payment site called the RIVA.NET Account Manager. You agree that it is your responsibility to log in periodically to the Account Manger to review your services, invoices, and payments, as well as other account information stored there for your convenience, and to make edits, corrections, changes, and updates therein. You agree to notify RIVA.NET immediately if anything that appears in this environment is not correct, before billings against those services as-listed occur. Failure to make such notifications shall be deemed to be acceptance of the contents of this online Account Manager, and any billings that RIVA.NET may make based upon your information stored in the Account Manager are your responsibility, regardless of any later claims to the contrary You may dispute any charges by sending us a certified-letter documenting those disputes within ten days of receipt of any invoice, but if you do not dispute within those ten days then you agree that the charges shall be deemed correct with no further recourse by you. You agree to accept the sole judgment of RIVA.NET in resolution of such disputes.
9. INTERNET ACCESS SERVICES. RIVA.NET agrees to provide you with Internet Access Services according to your specifications, at the time you make your purchase, regarding speed and type of connection. You acknowledge that RIVA.NET does not control or guarantee your dialup connection speeds, rather, it is your own modem in your personal computer that senses the quality of the phone line connection that your local telephone company gives you each time you make an outgoing call from your home, and it is your own personal computer modem that determines and sets the connection speed to an error-free level solely in response to your own phone line's quality, bandwidth, and noise-free performance. You acknowledge and agree that RIVA.NET cannot control the exchange of email between our systems and foreign systems across the Internet, and therefore RIVA.NET cannot guarantee any part of the delivery of email or other communications to and from you or your computer as part of your RIVA.NET accounts and services. Your use of email is entirely at your own risk and there are no performance guarantees whatsoever associated with our services. Noisy phone lines, or low-bandwidth phone lines, will always degrade your connection speed. Each time you try to connect, your phone line may exhobit a different performance level due to the way in which your local phone company routes your calls. Regardless of your expected specifications of service, RIVA.NET Internet Access Services include but are not limited to residential "unlimited personally-attended dialup access" via uncensored TCP/IP transport to the Internet, one or more e-mail (electronic mail) addresses, hosting of a personal web site for non-commercial use, and web email service access to your email account(s) for non-commercial or residential use. You are responsible for all billings, whether or not you actually use the service, or have quit using the service, or do not have working computer equipment for any or all portions of your access services, until 30 days after you give your 30-day termination notice properly acording to Paragraph 15 of this agreement. You agree that if you have signed up for RIVA.NET dialup services, that the definition of your dialup service, also called "unlimited access" or "unlimited personally-attended dialup access to the Internet", shall be that as long as you remain at the keyboard and personally operate personal-computer programs that send and receive TCP/IP data packets to and from the Internet, you will not be disconnected by our terminal servers at our end of the connection solely because of length of time spent personally-attending such data exchange, but you may be subject to "idle time-outs" for letting the connection go idle, as well as "session time-outs" for an unusually-long single session that exceed the reasonable length of time a person would spend at one sitting engaged in personally-attended residential use of the Internet. This definition does NOT include starting up one or more programs, and then leaving the keyboard unattended for a prolonged length of time, or causing the computer to operate while you are not sitting at the keyboard. There is a time limit past which an idle connection (meaning a connection through which active TCP/IP data packets have not been sent or received for 30 minutes or less to the Internet) will "time-out" and disconnect. There is also "session time-out" of six hours or less, past which time in the sole determination of RIVA.NET you will not be considered to reasonably personally-attending your dialup session. While you can of course reconnect immediately ( in the rarte case that you are actually still sitting at the keyboard and personally-attending such a long session, repeated session-timeouts in a single row as recorded in your online "usage" logs can and will subject you to a determination of abuse of our dialup services, and your time-outs may be as a result be shortened automatically by anti-abuse software control or manually upon the discovery of a logged track record of repeated or sustained abuse until the abuse ends, or your access may be suspended or terminated for cause due to your breach of this agreement. Should you find that your dialup access timeouts have been shortened, or your access has been suspended, it is your responsibility to contact us via email or phone to inquire as to the reason - it is not the responsibility of RIVA.NET to contact you to notify you that such abuse has occurred, nor are we liable for your loss of access as a result of a pattern of abuse with your dialup account..
10. USE OF TELEPHONE ACCESS NUMBERS. RIVA.NET is not responsible for long distance charges associated with your use of our services. Before you use any dial-up number for Internet access, we recommend that you contact your local telephone company to verify that the number in question would be a local call from your area. You can reach your local operator by dialing "0". Let the operator know what number you're dialing from and what number you plan to use to connect to the Internet. The operator will verify whether or not the number is a toll-free call for you.
11. PERSONAL USE. You agree that use of the residential connectivity services, and the no-charge email services that may come with residential connectivity services you purchase, is limited to your personal, non-commercial use. Advertising items for sale using your residential RIVA.NET account or engaging in mass electronic buying and selling is considered commercial use and is prohibited without first obtaining a commercial services account with RIVA.NET in place of your personal services account. Your use of any generic email address provided by us for non-personal (meaning commercial) purposes is prohibited, and is grounds for immediate termination of your account should such use by a business of a RIVA.NET-supplied generic address be discovered by RIVA.NET personnel. This includes generic email addresses of the form <user@riva.net>, <user@selec.net>, <user@uschoice.net>, <user@cheetaa.com>, and any other email domain owned and provided by RIVA.NET for multiple subscriber or customer groups in conjunction with provided services. It is a breach of this Agreement for a business or person to use any of these aforegoing generic email address domains for commercial purposes. All commercial accounts must have a custom domain name and server provided by RIVA.NET as part of a commercial account. Personal use of a dialup account means active, attended use by you or by another person who is either under your direct physical supervision or is using the services with your joint participation. Each access user account entitles you to one connection at any given time. Multiple, simultaneous connections with the same username can result in additional fees. In addition, you agree not to use any automatic redialing device or software redial feature or periodic software timing feature such as "Check For New Mail Every X Minutes" to maintain a constant or extended connection with the RIVA.NET network while you are not personally using the services. Commercial accounts are of course excepted from the provisions of this section.
12. ACCEPTABLE USE AND CONDUCT STANDARDS. You agree to conform your use of services to reasonable standards of conduct generally accepted and applied by internet users in your community, including but not limited to the following: You agree not to use our service in the course of any criminal activity. You agree not to use our service in the course of any conduct that constitutes tortious activity, including but not limited to activity that constitutes defamation; fraud; false advertising; or violation of copyright, trademark, service mark, trade dress, or trade secret rights. You agree not to use our service to distribute unsolicited commercial e-mail (UCE or SPAM). You agree not to use our service to post or distribute obscene materials or other sexually explicit or violent materials, display or distribution of which is restricted by local, state, or federal law. You agree not to use our service in the course of any conduct intended to harass, threaten, or abuse, or that is designed to harass, threaten or abuse, or that actually harasses, threatens, or abuses any person. In particular, you agree that you will not be abusive, meaning verbally or otherwise abusive, rude, unreasonably demanding, or threatening in any manner to RIVA.NET telephone or email support staff. In cases of such abuse, you agree that we need give no prior notice to restrict your access to telephone support, in order to protect our telephone staff from further risk of abusive calls or email. Calls from you, from that point forwards, will simply not be answered or returned if we have placed you on the list of abusive callers. You may continue to receive email support replies to emails that are not abusive, but abusive emails will not be acknowledged or replied to. RIVA.NET also makes it a practice, for all callers, to use automated telephone switching to not forward calls to telephone support staff from callers who hide their identity by concealing their caller id information when calling.
13. AMENDMENTS TO AGREEMENT. RIVA.NET reserves the right to amend this Agreement at any time. You agree to comply with any amendment to this Agreement of which you are notified by continuing to use RIVA.NET Internet Access Services after receiving notification regarding that amendment. Notification means that the amendment is made accessible to you by incorporation into the electronic Agreement form posted on the RIVA.NET home page; and that you will receive a message explaining, and containing the text of, the amendment at your registered electronic mail address, street address, or fax number. The current and binding terms of this Agreement are set forth on the RIVA.NET home page at http://www.riva.net/. You agree that it is your responsibility to periodically review the RIVA.NET home page and your electronic mail to ensure that your use of the services complies with any amendments.
14. LATE CHARGES AND COLLECTION. You agree that RIVA.NET will assess monthly late fees, computed as the greater of either 2.5% of your outstanding balance or $5.00, on any amounts you continue to owe to RIVA.NET after the due date for such amounts has passed. RIVA.NET will clarify the due date applicable to your payments in your service invoice. If you contest a fee with your bank or credit card company without first writing to us and allowing us to conduct and complete an investigation first, and it is determined, at the sole discretion of RIVA.NET, that you did owe that fee (for example, if you did not follow the written cancellation terms of Paragraph 15 below before doing a chargeback), you agree to pay an account audit fee of $25 for each individual chargeback month and have it added to your balance due for collections action. You agree that RIVA.NET may assign unpaid delinquent charge balances to a collection agency for action. In the event RIVA.NET resorts to a collection agency, or takes other legal action to recover amounts you owe, you agree to reimburse RIVA.NET for all legitimate expenses actually incurred in recovering such amounts (including all attorney's fees). You agree that, in the event of any outstanding unpaid balances being present on your account, that no services are considered paid until all services are paid. This means, for example, that if you have a domain name being used, and a web site being provided, and a dialup account in use, you may not claim that the domain name lease is paid, while the web site or dialup account are not, where you have paid only a part of the total outstanding balance. Non-payment of domain registrations will result in the forfeit of access to, status as Registrant, and ownership of any domain name that you have registered with us. If you cease paying for the annual registration renewal of any domain name, you agree that you shall consider it abandoned and you agree that RIVA.NET may opt to either let it lapse and be deleted by the worldwide Registry of domain names, or pick up paying for it ourselves and have it become our property with your full approval. RIVA.NET will give you first option to buy it back from us if you have paid all prior unpaid balances on all your services wirh RIVA.NET, including late charges, and further reimbursing RIVA.NET a nominal purchase price intended to compensate RIVA.NET for the labor costs and actual costs of our retaining the domain name and paying for it ourselves, rather than us allowing it to simply lapse and be deleted due to nonpayment on your part.
15. CANCELLATION. During the 24-hour period following the time your dialup account is activated, you may cancel your purchase and receive a full refund of any amount you paid for services. After the initial 24-hour period, and until and including the 5th calendar day after the date your dialup account is activated, you may cancel your purchase and receive a refund of the price you paid for such services less a $10 service fee. From the 6th day onwards, RIVA.NET follows a pro-rata refund policy for our personal dialup accounts only (not applicable to business dialup, web site services, leased lines, prepaid annual DSL, or other non-personal dialup services). When you sign up with RIVA.NET for our longer-term 1, 2, or 3 year personal dialup services term plans (or other custom or commercial term plans), and for any reason you elect to cancel service after the 5th day of service, just give us at least 30-days written notice of the date that you wish services to end (phone calls to us or our voice mail, or inability to speak with anyone here on the phone about cancellation, are not relevant to a cancellation. Cancellation may only be done in writing). We will calculate what you would have paid had you subscribed for that shorter period of time at the beginning of your subscription term, and we will gladly refund the difference! For example, if you signed up for a three year term plan, but wrote to us in the eleventh month (to give us the 30-days notice) and in that signed letter notified us that you wanted to cancel effectively after just one year, we will refund the difference between what you paid for the three year term plan and what you would have paid for a one year plan. To receive your refund (or to give notice of a monthly account cancellation), you must send a written notice to RIVA.NET of your cancellation, including your username, password, full name and legible signature in the notice. We may accept, on a case-by-case basis, but are not under any circumstances obligated to accept, telephone cancellation or email cancellation in lieu of written notice. You must send this written notice by postal mail to RIVA.NET, attn: Cancellation Dept., Box 370 Riva MD 21140, or by electronic mail (from a RIVA.NET email address only) if applicable to and you must send the notice within the applicable period. Receipt of the written notice by us begins your 30-day cancellation notice period. During this 30-day period, you will continue to receive Internet access services unless you indicate that you wish those services terminated immediately. On the 30th day after our receiving such notice, we may terminate your Internet access services. Some services may be subject to a cancellation fee which is due, in full, at the time of your cancellation request. Specifically, web site customers for whom RIVA.NET has paid the annual registration fee for renewal of their domain name(s) will owe us the $20 per year per domain name registration fees which they would have otherwise had to pay had we not paid them in advance ourselves as part of a web site package. Dialup users whose cancellation (or change to a shorter monthly plan from an annual or multi-annual term prior to cancellation) results in them not having paid the standard $25 setup fee that they would have paid for any monthly plans will be assessed the $25 as part of the pro-rata process. DSL users who have not yet completed the minimum one-year initial term of their DSL service will be charged and agree to pay a $175 early termination penalty for not completing at least the first year of paid service. In the event that a custom or commercial term plan allows for evenly-divided payments across their performance term, the early termination of such a discount or custom term plan will not relieve the customer from paying the difference between the discounted amounts paid and the price they would have paid had they signed up for that shorter period of time.
16. TERMINATION BY RIVA.NET FOR BREACH OF AGREEMENT. RIVA.NET reserves the right to terminate your services completely before the end of your period of service, without any refund or compensation to you, in the event your services are used in a manner that: A. Violates any of the terms or conditions of this Agreement, B. Tends to damage the good name, or standing in the community, of RIVA.NET or its affiliates or subsidiaries, C. Interferes unreasonably with other Subscribers' use and enjoyment of services provided by RIVA.NET, or D. Is verbally or otherwise abusive, rude, unreasonably demanding, or threatening in any manner to RIVA.NET telephone or email support staff. We may also elect to terminate only your telephone access to staff, without terminating service or access to staff via email, in such cases. In order to terminate services completely, RIVA.NET will send a written termination notice, including a brief statement of grounds, to your registered electronic mail address, street address, or fax number. RIVA.NET may thereafter terminate your service after seven days from the date the termination notice was sent, unless you first provide RIVA.NET with a reasonably adequate explanation or illustration that the grounds set forth for termination are not valid under this Agreement. However, in cases of abuse, as described in B. and D. above, you agree that we need give no prior notice to immediately terminate your service completely as per the first sentence in the above paragraph, or at our sole option restrict your access to telephone support for abuse, in order to protect our telephone staff from further risk of calls or email. Calls from you, from that point forwards, will simply not be answered or returned if we have placed you on the list of abusive callers.
17. TERMINATION BY RIVA.NET FOR BREACH OF AMENDMENT. RIVA.NET reserves the right to terminate your services before the end of your period of service in the event your services are used in a manner that violates any amendment that was not a part of this Agreement at the time you purchased services. In order to terminate services, RIVA.NET will send a written termination notice, including a brief statement of grounds, to your registered electronic mail address, street address, or fax number. RIVA.NET may thereafter terminate your service after seven days from the date the termination notice was sent, unless you first provide RIVA.NET with a reasonably adequate explanation or illustration that the grounds set forth for termination are not valid under this Agreement and any amendment(s).
18. TERMINATION BY SUBSCRIBER. In the event an amendment is adopted by RIVA.NET, which was not part of the Agreement when you purchased your service, and which you find unacceptable or otherwise impossible to comply with, you have the right and duty to terminate your services. In order to terminate services, please submit via postal mail or via fax a letter, in which you set forth at minimum your username, real name, signature, service address, and a brief statement of grounds for termination, including specific identification of the relevant amendment(s). Upon receipt of your notice of termination, your personal dialup account will be terminated and you will not be liable for any future service fees beyond the next 30 consecutive days after receipt. We will calculate what you would have paid had you subscribed for that shorter period of time at the beginning of your dialup subscription term, and we will refund the difference. For example, if you signed up for a three year dialup term plan, but called us in the eleventh month and notified us that you wanted to cancel effectively after just one year, we will refund the difference between what you paid for the three year term plan and what you would have paid for a one year plan. Similarly, if you terminated in the ninth month of a two-year plan, we will calculate the amount you would have paid if you had subscribed for nine monthly dialup periods and refund the difference. By terminating your service, you agree that you have received all services, rights, and other obligations owed to you by RIVA.NET under this Agreement.
19. NO WARRANTIES. RIVA.NET DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL RIVA.NET BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, EVEN IF RIVA.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL CUSTOMER WEB HOSTING CONTENT, EMAIL ACCOUNT USAGE AND PERFORMANCE, DATA TRANSMISSION AND RECEPTION PERFORMANCE, ABILITY TO ACCESS OR USE SERVICES, USE OF A PERSONAL COMPUTER, SOFTWARE, AND SCRIPTING FUNCTIONS IS ENTIRELY AT THE CUSTOMER'S RISK AND RESPONSIBILITY AND IS NEVER GUARANTEED BY RIVA.NET TO WORK.
20. LIMITATION OF LIABILITY. YOU AGREE THAT RIVA.NET WILL NOT BE HELD LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT THAT YOU PAID TO RIVA.NET FOR SERVICES UNDER THIS AGREEMENT.
21. NO LIABILITY FOR SUBSCRIBER ACTIONS. You agree that RIVA.NET is not responsible for any action taken by you while using your services, including uploading, programming, downloading, installation, editing, or use of software, sending or receiving emails, inability for others' email or other transmissions to reach you, altering the configuration of your computer in any way (whether in the course of a tech support call or not), or changing the registrars or DNS servers of your domain names that results in service interruptions. You agree to take full responsibility for any action performed using your services (whether the action is performed by you or by an unauthorized third-party user of your services or a contractor). You agree to defend, release, indemnify, and hold harmless RIVA.NET, its affiliated companies, and licensors from all liabilities, claims, and expenses, including attorney's fees, arising from any use, authorized or unauthorized, of your services.
22. NO LIABILITY FOR SUBSCRIBER ERROR - NETWORK ACCESS. RIVA.NET makes available local phone numbers which may be used to access its network without incurring access fees by a telephone carrier. It is the subscriber's responsibility to use an appropriate access number for his/her area and to verify prior to using that local access number that it is truly a local call for them by contacting their local telephone operator or other authority to ensure that their local telephone company will not bill their calls as long-distance service. RIVA.NET is not responsible for any fees subscriber may incur with any other company in connecting to our network. RIVA.NET's list of access numbers is made available as a courtesy and does not warrant its accuracy with respect to telephone carrier's local calling areas. RIVA.NET is not liable for subscriber dialing "1" to access our network; RIVA.NET is not liable for fees incurred with 800/888/877 "WATS" service by subscriber.
23. SERVICE INTERRUPTIONS. RIVA.NET agrees to make reasonable efforts to provide continuous service to you. You understand and agree that temporary interruptions may occur as normal events in the provision of service. Under no circumstances shall RIVA.NET be held liable for any financial or other damages due to such service interruptions.
24. CONTENT. You agree that all information provided through your use of services is provided "AS IS"; that RIVA.NET's link to a web site does not, in any way, represent or imply an approval of, or a determination of the quality of that product or service; that any links provided by RIVA.NET are maintained by their respective organizations, which are solely responsible for their content. You agree to hold RIVA.NET harmless for any and all damages arising out of use of such products, services, or links.
25. FORCE MAJEURE. You agree that RIVA.NET is not responsible for delays, damages or failures in performance due to causes beyond RIVA.NET's reasonable control, including but not limited to acts of a governmental body; acts of God; acts of third parties; fires; floods; strikes or other labor-related disputes; or an inability to obtain necessary equipment or services.
26. NON-WAIVER. You agree that RIVA.NET's failure at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies or options or in any way to affect the validity of this Agreement. Even if RIVA.NET fails, through inadvertent and unintentional software error in its billing system, to send you electronic or paper invoices for a period of time, you agree that you are still responsible for paying in arrears all billing amounts as soon as billing resumes, and you agree to pay them in arrears without waiving the responsibility to do so. If you are billed according to your existing fee schedules, whether or not you agree that you received such a bill, or if you use our system knowing what the fees are and fail to pay, or you are billed via credit card and you later dispute that charge with a credit card company, and your dispute is based upon false or inaccurate information, or if RIVA.NET is forced by any other action of yours such as a bad check or complaint regarding a bill that you believe is not accurate, and we can demonstrate that your bill was accurate or that your dispute was based on frivolity or false information given by you, then you are liable for and agree to pay a research fee to RIVA.NET of $50 per occurrence, and the determination of your liability for such payment is in the sole discretion and decision of RIVA.NET. The exercise by RIVA.NET of any rights, remedies or options provided hereunder, or at law or equity, shall not preclude or prejudice RIVA.NET from exercising thereafter the same or other rights, remedies or options.
27. INTEGRATED AGREEMENT. You agree that this Agreement is the entire agreement between you and RIVA.NET regarding the subject matter of this Agreement; and supersedes all prior representations, understandings or agreements regarding the subject matter of this Agreement.
28. SEVERABILITY. You agree that if any of the terms or conditions in this Agreement are properly found to be invalid or unenforceable by a government body, the remaining terms or conditions of this Agreement shall not be affected by the finding and shall continue to apply.
29. CHOICE OF LAW. This Agreement shall be treated as though it were executed and performed in RIva, in Anne Arundel County, Maryland, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Maryland, without regard to conflict of law principles. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in a court of competent jurisdiction in Anne Arundel County, Maryland. Subscriber expressly submits to the jurisdiction of said courts; and Subscriber consents to extra-territorial service of process.
30. INFANCY. You attest that you are of legal age to enter into this Agreement.
31. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
B.
RIVA.NET Registration Agreement (gTLD-ICANN) for its Domain Registration Customers (applicable ONLY if you own the domain name - if RIVA.NET owns the domain name and leases you the use of it, none of the below applies to you):
1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer to you the end-customer for our Domain Registration Services, "we", us" and "our" refer to riva.net and "Services" refers to the domain name registration provided by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge and belief, neither the registration of the SLD name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party and that the Domain Name is not being registered for any unlawful purpose.
3. FEES. As consideration for the services you have selected, you agree to pay to us the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You, by requesting registration of a name by us and viewing this Agreement prior to finalizing registration with our representatives via telephone or email, or clicking on the "I Agree" button at the bottom of the appropriate registration page before submitting this Agreement, represent that the statements in your application are true.
4. TERM. You agree that the Registration Agreement will remain in full force during the length of the term of your Domain Name Registration. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. This Agreement will remain in full force during the length of the term of your Domain Name Registration as selected, recorded, and paid for upon registration of the Domain Name. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred due to another Registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force for the purpose of registering domain names then in force between SLD holders and the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.riva.net/disputepolicy.html. Please take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. 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 of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of the State of Maryland in the United States of America.
9. ICANN POLICY. You agree that your registration of the SLD name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the SLD name.
10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the SLD holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the SLD. You shall accept liability for harm caused by wrongful use of the SLD, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms of Disclosure and Use of Registration Information (sections 18 and 19 of this Agreement).
11. 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.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. 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. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or 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 we have been advised of the possibility of such damages. In no event shall our maximum liability exceed ten ($10) US dollars.
13. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including without limitation Network Solutions, Inc., and the directors, officers, employees and agents of each of them, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.
14. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
15. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
16. NO GUARANTY. You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of 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. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
18. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: i) Your name and postal address (or, if different, that of the domain name holder); ii) The domain name being registered iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name. iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name. Any other information which we request from you at registration is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that we 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 other purposes as required or permitted by ICANN and the applicable laws. 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 information by us. You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe 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.
20. REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the SLD registration.
21. 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 Services 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 Services, or we delete your domain name or other Services 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, reserve, or delete your domain name or register you for other Services.
22. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
23. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
24. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
25. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification to us to re@riva.net or dnstech@skynoc.com or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us shall be sent to: riva.net Registrant Affairs Office, Box 370, Riva MD 21140 and in the case of notification to you shall be to the address specified in the "Administrative Contact" in your WHOIS record.
26. ENTIRETY. You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND AND THE FEDERAL LAWS OF THE UNITED STATES APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN MARYLAND AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY. You attest that you are of legal age to enter into this Agreement.
29. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT., GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.