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The Game Monsters Domain Name Policies
(Version 2.0 -
Revised October 01, 2006)
- Domain Name Services.
This document (the "DNS Terms") describes the rights and
obligations of The Game Monsters and the Customer in
connection with The Game Monsters registration or
renewal of domain names for the Customer.
- Domain Name Registration.
Upon Customers request and subject to these DNS Terms,
The Game Monsters will register an Internet domain name,
or renew the Customers registration of an existing
domain name, on behalf of Customer with a registrar
selected by The Game Monsters and identified below (the
"Registrar").
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Customer
Responsibilities. The Game Monsters
registration or renewal of any domain name is subject to
(i) The Game Monsters receiving from Customer all
information needed from Customer in order to complete
such registration, (ii) such domain name not being in
violation of any applicable law, rule or regulation or
the policies of the applicable Registrar or registry,
and (iii) Customers compliance with these DNS Terms.
Registration of a domain name is subject to availability
of such domain name for registration, and The Game
Monsters will not be responsible if a domain name is not
available for any reason. The Game Monsters will also
not be responsible for any infringement of third-party
rights caused by its registration of a domain name for
Customer. Customer waives any claims it may have against
The Game Monsters for, and hereby releases The Game
Monsters of and from, any loss, damage, liability or
expense arising out of, or relating to, the registration
of such domain name in any online or offline network
directories, membership lists or registration lists, or
the release of the domain name from such directories or
lists following the termination of services by The Game
Monsters for any reason.
- Domains Provided With Squad Packages.
Customer agrees that upon registration of a domain name
with The Game Monsters in conjunction with any "Squad
Package" Services, that the registered domain name shall
be administered under The Game Monsters master domain
account, and that Customer shall retain use of the
registered domain only for the duration that customer
maintains their "Squad Package" Services in good
standing with The Game Monsters. In the event Customer
discontinues their Squad Package Services in whole, or
if Customer becomes delinquent in any billing period for
any Services provided by The Game Monsters, the Customer
shall lose the use of the domain name registered in
conjunction with the "Squad Package". If the customer
account is in good standing upon termination of the
squad package service, the customer may elect to pay a
domain transfer and acquistion fee to have a squad
package registered domain transferred to another
registrar, or to gain administrative control over the
domain, in the amount of $35.00.
- ICANN and Other Authority.
Customer acknowledges that its rights to any domain name
registered or renewed by The Game Monsters are not being
granted by The Game Monsters but are subject to the
rules and regulations of ICANN, the Registrar, the
registry and applicable law. Customers inability to use
a domain name shall not entitle Customer to a refund by
The Game Monsters of any fees paid with respect to the
registration of such unusable domain name. The domain
name for the Customer Web site shall be the property of
Customer.
- Domain Name Renewals. If
Customer requests The Game Monsters to renew for
multiple years a prior registration of Customer for a
domain name, Customer represents and warranties that all
information it provides to The Game Monsters in
connection with such request will be true and correct.
The Game Monsters sole responsibility in connection with
any such request will be to process the renewal using
the renewal mechanism provided by the Registrar. The
Game Monsters will have no responsibility or liability
for any loss, interruption in service, service error or
loss of data caused by the Registrar.
- Registrar Terms and Conditions.
Beginning March 01, 2004, unless the applicable Order
specifies another Registrar, all registrations and
renewals will be subject to the terms and conditions of
ENOM available at
http://www.enom.com/terms/agreement.asp By
submitting any Order to The Game Monsters for domain
name services under these DNS Terms, the Customer agrees
to the applicable registrars terms and conditions. If
the Order specifies a Registrar other than one listed in
this paragraph, the Customer agrees to the terms and
conditions of such registrar as the same may be posted
on the web site of such Registrar from time to time.
- Changing Registrars. The
Game Monsters does not generally perform domain name
services that require the domain name change registrars.
However, if The Game Monsters, in its sole discretion
accepts an Order from Customer for domain name services
that requires that the domain name change registrars,
the Customer acknowledges that it is solely responsible
for complying with the acknowledgement policies of the
losing registrar. Such acknowledgement policies may
require the Customer to respond to an e-mail sent to the
e-mail address for the Administrative Contact of the
domain name, as reflected in the WHOIS database of the
losing registrar. The Customer acknowledges and agrees
that neither The Game Monsters nor the gaining Registrar
will bear any liability or responsibility for any delay,
inconvenience or expiration of domain name registration
that occurs as a consequence of the Customers failure to
respond timely to any losing registrar query or request
for confirmation.
- Changing Registrar Resellers.
If the Customer submits an Order to The Game Monsters to
renew a domain name that was previously registered
through a reseller of the Registrar, the Customer
acknowledges that it is solely responsible for complying
with the acknowledgement policies of the losing reseller
and the Registrar. Such acknowledgement policies may
require the Customer to respond to an e-mail sent to the
e-mail address for the Administrative Contact of the
domain name, as reflected in the WHOIS database of the
losing registrar, and may also require the Customer to
settle any open accounts it has with the losing
reseller. The Customer acknowledges and agrees that The
Game Monsters will bear no liability or responsibility
for any delay, inconvenience or expiration of domain
name registration that occurs as a consequence of the
Customers failure to satisfy the acknowledgment policies
of the losing reseller or the Registrar.
- Renewal and Expiration. The
Customer agrees that The Game Monsters bears no
responsibility or obligation to notify Customer of any
impending domain name expiration dates and that the
Customer is wholly responsible for such deadlines.
Although The Game Monsters may accept Orders for domain
name renewals within the forty-five-day (45) day period
prior to the impending expiration date of a domain name,
The Game Monsters will have no responsibility for any
expiration of a domain name that occurs with respect to
any Order submitted to The Game Monsters within such
period.
- Contact Information. The
Customer agrees to keep its WHOIS information accurate
and up-to-date. The Customer must cause the e-mail
address for the Administrative Contact to be the same as
the Customers e-mail address maintained in The Game
Monsters billing records. If the e-mail address for the
Administrative Contact is not the same as the Customers
e-mail address maintained in The Game Monsters billing
records, The Game Monsters may (but will have no duty
to) change the e-mail address for the Administrative
Contact in the WHOIS records of the registrar.
- Other Terms and Conditions.
The provisions of Sections 9, 10, 11, 14 and 15 of the
Terms of Service are incorporated herein by this
reference. All fees are fully earned when due and
non-refundable when paid.
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Under Construction Page. Customer agrees
that upon registration of a domain name with The Game
Monsters, if such domain name is (a) hosted on an The
Game Monsters domain name server and (b) does not
otherwise resolve to an active Web site, such domain
name will be pointed to a page as designated by The Game
Monsters in its sole discretion (the "Under Construction
Page"). The Under Construction Page may be modified by
The Game Monsters at any time in The Game Monsters sole
discretion and without notice to Customer. The Under
Construction Page may include, without limitation (i)
links to additional products and services offered by The
Game Monsters, (ii) advertisements for products and
services offered by third-parties, and (iii) an Internet
search engine (the "Additional Content"). If Customer
does not wish to have Customers domain name resolve to
the Under Construction Page as described herein,
Customer should access the DNS Manager to disable the
Under Construction Page.
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