LinkUwant.co®DOMAIN NAME SERVICE AGREEMENT
"Basically, after you sort through all the legal terms and conditions. . .Our customers can do anything with their domain name just as if they were the owner.Except transfer the ownership or the registrar."
Jim Hotka,President & CEO
Agreement: For valuable consideration, the Provider and Customer hereby agree as follows:
Customer:The Purchaser of the Exclusive Right To Use a Domain NameExclusive Right to Use: Customer acknowledges and understands that he is purchasing the exclusive right to use the Domain Name. The Customer shall have the exclusive right to use the Domain Name for any lawful purpose including any of the following:
Provider:Rainbow Realty Group, Inc. d/b/a LinkUwant.com®,an Indiana Corporation, located in Indianapolis, Indiana. USA
Service Fee:The Fee as stated on the Buyers Information Form at the time the Customer purchased the Domain Name
Domain Name:The Internet Name stated on the Buyers Information Form at the time of purchase.
- Customer may select any name server
- Customer may select any hosting service.
- Customer may select any E-Mail service.
- Customer may use the Free Advertising Page as offered by LinkUwant.com
- Customer may use any of the following “Value Added Services” as offered by Domain Discovery:
- URL Forwarding,
- URL “Frame Forwarding”
- E-Mail Forwarding
Fees: The Customer agrees to pay the Provider a Service Fee, as stated on the Buyers Information Form purchase in the for the services stated herein.
The Provider shall also have the right to pass through to the Customer any Internet Tax(s) or documented increases in expenses or holding costs directly associated with the ownership of the above Domain Name.
Exclusive Right to Renew and Price Guarantee: Prior to the expiration of the Term of this agreement or expiration of any renewal terms, The Customer shall have the exclusive right to renew this agreement.
Price Guarantee: The Purchaser is guaranteed to the same low price with a small adjustment for inflation. Upon any renewal term, the Provider, at the provider's option, shall have the right to increase the service fee based on the CPI (Consumer Price Index Calculator) from the original date of service.
Example: CPI since date of service = 3%, then:
Renewal Service fee = Service Fee X 103%
At a 3% CPI rate a $400 Domain Name could increase $12.00 maximum.
- The Provider shall have the right to offer a discount to the Customer off the above Service Fee for multiple year renewals. Prior to the Customer and Provider approving a discount plan, the Provider shall have the right to discontinue any or all discount plans without notice.
- Customer is not buying any ownership of Domain Name.
- Customer is buying the “Exclusive Right To Use” Only and shall have a Leasehold interest!
- Said use shall be subject to the terms and conditions stated herein.
Customer agrees that registration of the Domain 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 any Registrar, the Registry, or the Registry administrator in registering the name, or (2) for the resolution of disputes concerning the Domain.
Disclaimer of Warranties. EXCEPT AS SET FORTH HEREIN, Provider EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Indemnification. Customer agrees to indemnify, defend and hold harmless the Provider from and against any third party claim, action, suit, or proceeding arising out of use of the Domain Name. Such indemnity shall apply to all losses, damages, liabilities, and reasonable attorney's fees and costs incurred by the Provider.
Customer shall indemnify and hold harmless the Provider, 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 related to the Domain registration.
Limitations on Liability. The Provider shall not be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits, arising out of or in connection with this Agreement. The maximum amount of damages to be paid to the Purchaser shall be limited to the Service Fee stated above.
Interpretation: In interpreting this Agreement, all captions and titles shall be disregarded, and when applicable, the singular of any word shall mean or apply to the plural, and masculine form shall mean and apply also to feminine, and vise versa.
Terms Binding: All terms and conditions are included herein and no verbal agreements shall be binding.
- Customer, in the use of the above domain name shall abide by all government laws, rules and/or regulations. In addition the customer shall abide by any agreements, policies, rules or regulations that are required of the Domain Owner or Provider. These shall include but are not limited to the items listed below, plus any additional policies, rules or regulations as set out by the Internet Corporation, the web hosting provider, and the ICANN-domain registrar(s) as follows:
eNom.com (Our current registrar)
- For the adjudication of disputes concerning or arising from use of the Domain, Customer shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts Marion County, Indiana.
- If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions shall remain in full force and effect.
- The waiver of any breach of this Agreement will not operate as a waiver of any other or subsequent breach.
- This Agreement constitutes the entire understanding and agreement between Provider and Customer. This Agreement may only be amended in writing acknowledged by both parties.
- Any notices required or permitted hereunder may be given by electronic mail or fax if receipt is confirmed by the recipient, or if the notice is also sent by first class mail. Notice will be deemed given on the date the electronic mail is sent
- All payments, inquires or notices to be delivered to the Provider at:
6104 E. 21st Street
Indianapolis, IN 46219-2002