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This Domain Registration Agreement (the "Agreement") describes additional terms and conditions that will govern Customer's purchase and use of Domain Name Registration ("DNR") services when ordered by Customer from Telepak Networks, Inc. dba C Spire Fiber ("Company"). In this Agreement, the terms You, Your and similar terms shall refer to you as Customer.
You have requested DNR services from Company. Company has selected a third party accredited registrar, Network Solutions, LLC or any other third party registrar selected by Company under the terms set forth herein ("Third Party Registrar"), as providers of domain name registrar services for Company's customers. The charges for the DNR services provided under this Agreement are the fees payable by You to Company under your agreement with Company and as set forth in the Company Service Agreement (the "Service Agreement") (available at https://www.cspirefiber.com/policies/service-agreement/) and any other agreement terms You agreed to during ordering.
Your Acceptance of this Agreement
By registering Your domain name and accepting the DNR Services, you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"). These Terms of Service form a legally binding agreement between you, Company and the Third Party Registrar in relation to your use of the DNR services. It is important that you take the time to read this Agreement carefully. However, if you are not of legal age to form a binding contract with us, or you are a person barred from receiving the DNR services under the laws of the United States or other countries including the country in which you are resident or from which you use the DNR services, then you may not use the DNR services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post changes to these Terms of Service. Your continued use of the DNR services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access the DNR services. It is your responsibility to regularly review these Terms of Service.
If You have already registered Your domain name with another registrar and are currently requesting only Internet hosting services from Company, this Agreement will apply only to future requests from You to Company for future domain name registrations. You agree to be bound by this Agreement for any future .com, .net, .org, .info, or .biz or other domain names that You may register through Company and its Third Party Registrar. Any domain names You currently hold that are registered with another registrar are governed by Your agreement with that registrar.
You agree that this is an Agreement between You, Company and the Third Party Registrar. You agree that Company has the sole discretion as to which Third Party Registrar is selected to provide You with Domain Name Registration. You agree that Company may modify this Agreement to change which Third Party Registrars will be used (including the addition of new Third Party Registrars or the elimination of a current Third Party Registrar). Hereafter, when the Agreement refers to a Third Party Registrar, You should understand that it refers to the specific registrar selected by Company at the time of Your order. The Agreement sets forth the terms and conditions of Your use of the domain name registration services of the Third Party Registrar to register an Internet domain name, as well as Your registration and use of that domain name. By completing the registration process you acknowledge that You have read, understand, and agree to be bound by all terms and conditions of Your agreement with Company, this Agreement, the applicable Domain Name Dispute Policy and any rules or policies relating to domain name and related Internet services that are or may become effective as published by the Third Party Registrar or Company.
In addition to the terms conditions in this Agreement, You agree that you are bound by the applicable Third Party Registrar's Terms and Conditions selected by Company. Links to the Third Party Registrar Terms and Conditions are below. You may ascertain which Third-Party Registrar's Terms apply to You by searching for Your domain on www.whois.net after purchase. The current Third Party Registrar's Terms and Conditions of Service may be found at http://www.networksolutions.com/legal/ .
The Third Party Registrar is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net, and .org Top Level Domains ("TLD"). ICANN oversees the .com, .net and .org TLDs. You agree that the Third Party Registrar may modify this Agreement as necessary to comply with its agreement with ICANN. No domain name registrations that You seek to register for .com, .net and .org will be effective until (a) Company has delivered the domain name registration information You provide to Company to the Third Party Registrar for the .com, .net or .org TLDs, as applicable, (b) Company has accepted Your registration following Your payment of the Hosting Fees, and (c) the Third Party Registrar puts into effect Your domain name registration. The Third Party Registrar may elect to accept or reject Your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.
You agree and acknowledge that neither the Third Party Registrar nor Company is liable or responsible in any way for any errors, omissions or any other actions by the Third Party Registrar arising out of or related to Your application and receipt of, or failure to receive, a domain name registration.
Selection of a Domain Name
Company does not check to see whether the domain name You select, or the use You make of the domain name, infringes legal rights of others. It is your responsibility to investigate to see whether the domain name You select or its use infringes legal rights of others, and Company suggests You seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with Your domain name. You should be aware that there is the possibility Company might be ordered by a court to cancel, modify, or transfer Your domain name. You represent and warrant to Company and the Third Party Registrar that (a) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party; (b) all information provided in connection with any domain name registration is and shall remain accurate; and (c) that Your registration and use of domain names will at all times be consistent with all applicable laws. You should be aware that if Company is sued or threatened with a lawsuit in connection with Your domain name, Company may turn to You to hold Company (and each of its affiliates, employees, agents, and subcontractors) harmless and indemnify Company, pursuant to the indemnification provision below.
Information You Are Required to Submit
(a) Required Information. As part of the registration process, You are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. The information You are obligated to provide in connection with the domain name You are registering is set out in the Application Form and includes the following:
Your full name, postal address, e-mail address, voice telephone number and fax number, if available;
The domain name being registered;
The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative contact and billing contact for the domain name; and
Any other data required as a result of further development of the registry system or the Third Party Registrar.
(b) Information at Renewal. You agree and acknowledge that when You renew Your domain name registration, the type of information You are required to provide may have changed. If You do not wish to provide the new required information, Your registration cannot be renewed.
(c) Additional Information Maintained About Your Registration. In addition to the information You provide, Company maintains records relating to Your domain name registration. These records may include:
The original creation date of the registration;
The submission date and time of the registration application to Company and by Company to the Third Party Registrar;
Communications (electronic or paper form) constituting registration order, modifications or terminations and related correspondence between You and Company;
Records of accounts for Your domain name registration, including dates and amounts of all payments and refunds;
The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
The corresponding names of those nameservers;
The name, postal address, e-mail address, voice telephone number, and where available, fax numbers of the technical contact for the domain name;
The name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name;
The expiration date of the registration; and
Information regarding all other activity between You and the Third Party Registrar regarding Your domain name registration and related services.
(d) Obligations Relating to Provided Data. In the event that, in registering the domain name, You are providing information about a third party, You hereby represent that You have (i) provided notice to that third party of the disclosure and use of the party´s information as set forth in this Agreement, and (ii) that You have obtained that third party´s express consent to the disclosure and use of that party´s information as set forth in this Agreement.
(e) Inaccurate Information. You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Your domain name registration. In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether You have violated the trademark rights of another party. You further agree that Your failure to respond for over fifteen (15) calendar days to inquiries by the Third Party Registrar concerning the accuracy of contact details associated with Your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Your domain name registration.
(f) Disclosure and Use of Registration Information. You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Your domain name registration. In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether You have violated the trademark rights of another party. You further agree that Your failure to respond for over fifteen (15) calendar days to inquiries by the Third Party Registrar concerning the accuracy of contact details associated with Your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Your domain name registration.
Additionally, You acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that the Third Party Registrar may or must make available to the public or to private entities, and the manner in which such information is made available. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information 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 the Third Party Registrar or Company.
We will not process data about any identified or identifiable natural person that Company obtains from You in a way incompatible with the purposes and other limitations which Company describes in this Agreement. The Third Party Registrar will take reasonable precautions to protect the information it obtains from You from loss, misuse, unauthorized access or disclosure, alteration or destruction.
The rights and responsibilities as a domain name registrant under the ICANN Registrar Accreditation Agreement ("RAA") can be found at the following link, which also contains a summary of the terms of the RAA and related Consensus Policies, https://www.icann.org/resources/pages/registrars/consensus-policies-en.
Fees and Payment
As consideration for the DNR services provided by the Third Party Registrar to You, You agree to pay Company any then-applicable fees, at the time of submitting Your application for the initial registration of the domain name and, should You choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Your DNR is suspended, canceled or transferred prior to the end of Your then current registration term.
Registration or renewal for one year is $30.00 per domain. (This fee must be paid in advance if You currently do not have an active account.)
Registration or renewal for two or more years is $25.00 per year, per domain.
Other payment terms relating to registration, renewal, cancellation, reinstatement, billing, and domain name ownership and/or transfer are located in the Service Agreement, which You must agree to in order to proceed with registration. All registration and renewal fees are subject to change.
Domain Name Transaction and Payment Policy
As a courtesy, the Company may provide You with a series of notifications to remind You of Your upcoming expiration dates and our renewal procedures in an effort to assist in the management of the domain names and services.
The renewal notification process for domains is as follows: 90-61 days prior to expiration date – You will receive a phone call once a week to the contact number given during the activation process regarding the upcoming renewal of domain(s).
60-31 days prior to expiration date – You will receive a phone call once a week to the contact number given during the activation process regarding the upcoming renewal of domain(s). A letter will also be mailed to the address provided during the activation process regarding the upcoming expiration.
30 days – until expiration date – You will receive a phone call once a week to the contact number given during the activation process regarding the upcoming renewal of domain(s).
Business day after expiration Date – A letter is mailed to the Customer informing the Customer that the domain name has expired and domain name has been deactivated. All domain names will no longer resolve.
Thirty-six (36) days after the expiration date of the domain, the domain will then be deleted by our Third-Party Registrar. If the Third-Party Registrar has any secured backorders for the domain, the domain name will be renewed on behalf of the current registrant and transferred to the new registrant. If no backorder for the domain name has been placed or if the backorder process is not fulfilled, the domain name will be deleted at the registry and may be available for redemption.
You agree to be bound by the applicable Third Party Registrar Dispute Policy ("Dispute Policy"), which are hereby incorporated by reference and made a part of this Agreement. The Dispute Policy for Network Solutions, LLC may be found at the website www.networksolutions.com. You agree that any disputes regarding the right to use Your chosen domain name are subject to the Dispute Policy provisions in effect at the time Your domain name registration is disputed by a third party, in the event such a dispute arises. You also agree that, in the event a domain name dispute arises with any third party, You will indemnify and hold Company and the Third Party Registrar harmless pursuant to the indemnification provision below.
You agree that You will be prohibited from changing the Registrar of Your domain name for sixty (60) days following the initial registration of the domain name with the Third Party Registrar. Beginning on the sixty-first (61) day following initial registration, You may transfer Your domain name to another Registrar subject to registry administrator policy for change of registrar. Your request to change registrars may be denied in certain situations, including, without limitation, Your pending bankruptcy or a dispute over the identity of the domain name holder.
Change of Ownership
If You wish to transfer Your domain name to another person or entity, You are to contact customer support at 1-877-835-3725. Once Your ownership transfer has been approved by Company, Company will forward to the Third Party Registrar the new owner information, and the Third Party Registrar will update its records accordingly. You acknowledge and agree that as a condition of any such transfer of ownership of Your domain name, the entity to which You seek to transfer Your domain name (the "Transferee") shall agree to be bound by all terms and conditions of this Agreement, the Dispute Policy and its accompanying rules and procedures, and all then current the Third Party Registrar, ICANN, or Company policies relating to domain name registration.
Modifications to Agreement and Dispute Policy
You agree, during the period of this Agreement, that Company and/or third Party Registrar may: (a) revise the terms and conditions of this Agreement and the Dispute Policy; and (b) 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 the Company web site or the Third Party Registrar web site. You agree to review the company web site and the Third Party Registrar´s web site periodically to be aware of any such revisions. Your continued use of the domain name registered to You shall constitute Your acceptance of this Agreement and the Dispute Policy with the new modifications. If You do not agree to any of such changes, You may request that Your domain name registration be canceled or transferred to a different domain name Registrar. You agree that such cancellation or request for transfer will be Your exclusive remedy if You do not wish to abide by any changes to this Agreement or the Dispute Policy.
Ownership of Data
You agree and acknowledge that the Third Party Registrar and/or Company owns all databases, compilations, collective and similar rights, title and interests worldwide in the domain name database generated by information relating to Company customers, and all information and derivative works generated from the domain name database. You further agree and acknowledge that the Third Party Registrar and/or Company owns the following information for those registrations for which Company is the Registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration; (d) any remarks concerning the registered domain name that appear or should appear in WHOIS or similar database; (e) any other information Company generates or obtains in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameserver for the domain name, and the corresponding names of those nameservers. Neither the Third Party Registrar nor Company has any ownership interest in Your specific personal registration information outside of their respective rights in the domain name database. Ownership of data by the Third Party Registrar and/or Company may be subject to licensing agreements with or co-ownership rights of third parties, as necessary to comply with the Third Party Registrar´s agreement with ICANN.
Agents and Licenses
You agree that, if You are registering a domain name for someone else, You represent that You have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You agree that if You license the use of the domain name registered to You to a third party, You nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both Your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.
Limitation of Liability
YOU AGREE THAT NEITHER THE THIRD PARTY REGISTRAR NOR COMPANY WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF A DOMAIN NAME REGISTRATION; (B) USE OF YOUR DOMAIN NAME; (C) INTERRUPTION OF BUSINESS OR BUSINESS LOSSES; (D) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE THIRD PARTY´S REGISTRATION SYSTEM; (E) DATA NONDELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION BETWEEN YOU AND THE THIRD PARTY REGISTRAR; (E) EVENTS BEYOND THE COMPANY'S OR THIRD PARTY REGISTRAR´S REASONABLE CONTROL; (F) THE PROCESSING OF THIS APPLICATION; (G) THE PROCESSING OF ANY MODIFICATION TO YOUR ACCOUNT ASSOCIATED WITH YOUR DOMAIN NAME; (H) LOSS OR LIABILITY FROM ACTS OF GOD; (I) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT; AND (J) APPLICATION OF THE DISPUTE POLICY.
THE THIRD PARTY REGISTRAR AND COMPANY ALSO WILL NOT BE LIABLE FOR 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 THE THIRD PARTY REGISTRAR OR COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE THIRD PARTY REGISTRAR'S AND COMPANY'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY SERVICES PROVIDED BY COMPANY OR THE THIRD PARTY REGISTRAR UNDER THIS AGREEMENT AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE THIRD PARTY REGISTRAR'S AND COMPANY'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You hereby agree to defend, indemnify and hold harmless the Third Party Registrar, Company, and the domain name registry, Network Solutions, Inc. (or other registry administrator), together with each of their respective officers, directors, employees, agents, subsidiaries, parents and affiliated companies, (collectively the "Indemnified Parties"), from any and all claims, demands, loss, errors, omissions, causes of action, judgments or awards, including attorneys' fees and expenses resulting from any claim, demand or action arising out of or in any way related to the registration, claim to, or use of the domain name. Such claims shall include, but shall not be limited to, claims based upon trademark or service mark infringement, trade name infringement, dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or any other claim of damage to business. The Indemnified Parties shall provide written notice to You of any such claim, demand or action and You shall thereafter promptly assume the above obligations. The failure of any Indemnified Party to give notice shall not affect the rights of the other Indemnified Parties.
Representations and Warranties
You represent that, to the best of Your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You also represent and warrant that You will not use the domain name registered, and You are not registering the domain name, with any bad faith intent to profit from the sale, trafficking, or use of the domain name. You further represent and warrant that all information provided by You in connection with Your domain name registration is accurate. You also attest that You are of legal age to enter into this Agreement, and that You will abide by all applicable laws, including, without limitation, the provisions of the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d).
YOU AGREE THAT YOUR USE OF THE DNR SERVICE IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. THE THIRD PARTY REGISTRAR AND COMPANY 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. THE THIRD PARTY REGISTRAR AND COMPANY MAKE NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE THIRD PARTY REGISTRAR OR COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. WITHOUT ANY LIMITATION TO THE FOREGOING, THE THIRD PARTY REGISTRAR AND COMPANY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL PROTECT YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
Breach and Revocation
The Company and the Third Party Registrar reserve the right to suspend, cancel, transfer or modify Your domain name registration in the event: (a) You materially breach this Agreement (including the Dispute Policy or Service Agreement) and do not cure such breach within thirty (30) days of notice by the Third Party Registrar; (b) You violate the Acceptable Use provisions above, including but not limited to the use of Your domain name in connection with unlawful activity; or (c) other legal grounds arise for suspension, cancellation, transfer or other modification as provided for in this Agreement. You further acknowledge and agree that Your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including the Third Party Registrar) or registry administrator procedures approved by an ICANN adopted policy, or by any other TLD registry administrator procedures as the case may be: (i) to correct mistakes by the Third Party Registrar, another registrar or the registry administrator in administering the name, or (ii) for the resolution of disputes concerning the domain name. You also agree that the Third Party Registrar shall have the right in its sole discretion to suspend, cancel, transfer, or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as the Third Party Registrar receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
This Agreement shall be governed by and construed in accordance with the laws and statutes of the State of Mississippi without regard to its conflicts of laws principles. Except as otherwise set forth in the Dispute Policy with respect to disputes between You and Company, any action to enforce this Agreement or any matter relating to Your use of the Third Party Registrar site shall be submitted to binding arbitration as set forth herein.
You must bring any claim arising out of this Agreement or related to the DNR services, whether against the Company or the Third Party Registrar within one (1) year after the date on which the claim arose or the shortest duration permitted under applicable law if such period is greater than one (1) year. If You do not, You waive, to the extent permitted by law, all rights You may have with respect to such claim and neither the Company nor any Third Party Registrar shall have any liability to You with respect to that claim.
TO THE EXTENT PERMITTED BY LAW, THE COMPANY AND YOU BOTH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICES.
ARBITRATION: YOU ACKNOWLEDGE AND AGREE THAT THE SUBJECT MATTER OF THIS AGREEMENT TOUCHES AND INVOLVES INTERSTATE COMMERCE. THE PARTIES AGREE THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN CUSTOMER AND COMPANY, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, OR THE SERVICES PROVIDED, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING PROVIDED BY COMPANY.
IF A DISPUTE ARISES, YOU OR WE CAN FILE A CLAIM WITH THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). IF YOU FILE A CLAIM AGAINST US, WE WILL PAY THE INITIAL ARBITRATION FILING FEE.
SUCH ARBITRATION SHALL BE BEFORE A SINGLE ARBITRATOR AT A LOCATION IN THE GREATER JACKSON, MISSISSIPPI METROPOLITAN AREA. SUCH ARBITRATION SHALL BE BINDING UPON BOTH CUSTOMER AND COMPANY AND SHALL BE CONDUCTED BY THE AAA UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATORS, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. PROVIDED, HOWEVER, COLLECTION MATTERS OF $5,000 OR LESS IN ALLEGED VALUE (BEFORE COSTS, INTEREST AND ALLOWABLE ATTORNEYS' FEES, IF ANY) FOR SERVICE MAY BE FILED IN ANY COURT WITH JURISDICTION THEREOVER AND THERE TRIED BY ANY PARTY, UNLESS COUNTER-CLAIMS OR OTHER CLAIMS IN AN AMOUNT IN EXCESS OF $5,000 (SUBJECT TO THE SAME EXCLUSIONS) ARE ASSERTED BY ANY PARTY. IN THE LATTER CASE, THE ENTIRE MATTER AND ALL CLAIMS BEFORE THE COURT SHALL BECOME SUBJECT TO BINDING ARBITRATION HEREUNDER UPON WRITTEN REQUEST OF ANY PARTY FILED WITH THE COURT WITHIN THIRTY (30) CALENDAR DAYS OF ACTUAL NOTICE OF THE FILING OF SUCH COUNTER-CLAIMS OR OTHER CLAIMS.
You agree that any notices required to be given to You under this Agreement will be deemed to have been given upon electronic delivery or mailing if sent to the location(s) or email address listed in Your contact information provided during the registration process.
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. In the event that any provision of this Policy shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.
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.
The failure of the Company or the Third Party Registrar to require Your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by the Company or the Third Party Registrar of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
You agree that this Agreement, together with the Dispute Policy, and the Service Agreement, including any applicable Terms and Conditions, is the complete and exclusive agreement between You and Company regarding DNR services. This Agreement, together with the Dispute Policy, and the Service Agreement, including any applicable Terms and Conditions, supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent. This Agreement may not be amended or modified by You except by means of a written document signed by both You, an authorized representative of the Company and an authorized representative of the Third Party Registrar.