SERVICES AGREEMENT TERMS AND CONDITIONS.

In this Services Agreement (this "Agreement") "you," "your," "Subscriber" and "Customer" refer to each customer and "we," "us" and "our" refer to Kiss Technology Ltd. ("name:warden"). This Agreement explains our obligations to you, and explains your obligations to us regarding your use of name:warden services. This agreement constitutes the entirety of name:warden's agreements with and obligations to you and the entirety of your contractual rights in your relationship with name:warden. By registering for services provided by name:warden or its partners under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, any registrar agreement associated with our service, our Privacy Policy and any other rules or policies that may be published by name:warden from time to time.

name:warden's monitoring service repeatedly monitors the registration status of the domain name(s) chosen by the customer. If any part of the registration details (as made publicly available from the registrars WHOIS server) changes during the subscription period an email shall be dispatched to the customer's designated email address advising them of the change.

The name:warden monitoring service fee covers one (1) domain name for a subscription of up to one (1) year from the date of valid application and payment through our web site.

The name:warden Back-Order Service fee covers one (1) domain name for a subscription of up to one (1) year from the date of valid application and payment through our web site. If a domain name that is subscribed for by the Back-Order service becomes available for public registration during the subscription period by its deletion from applicable registry operator, the name:warden Back-Order service will make commercially reasonable efforts to acquire the domain name and re-register it through one of our registrar partners on your behalf. The Back-Order Service fee includes the price of registration of a domain name for a minimum of a one-year term.

We do not and cannot guarantee acquisition of any domain name, nor can we guarantee at which registrar the name will ultimately be registered upon its deletion by the applicable registry operator.

Refunds on your subscription are not issued in the event we are not able to acquire your first choice of domain name.

At anytime during your Back-Order subscription period you may apply to transfer your subscription to another domain name for the remainder of the subscription term. This application will only succeed if the Back-Order has not already successfully registered the domain or entered the domain onto an official wait list service.

name:warden subscriptions shall also end or terminate upon:

i) the end of the up to one year subscription period without renewal of the service;
ii) the acquisition of a domain name on your behalf;
iii) your contacting us and informing us that you wish to unsubscribe; or
iv) occurrence of any event that results in a termination under any provision of this Agreement.

All domain names registered through name:warden are pointed to a holding Web page which informs visitors that the registrant has recently registered their domain name via name:warden. The holding Web page may be modified at any time by name:warden at their sole discretion without prior notice to you.

Once a domain name is registered, customers may change the nameserver details via the name:warden management interface.

Your subscription period shall not begin until name:warden receives actual payment of the subscription or registration fee. All fees must be prepaid and are non-refundable, in whole or in part, even if the subscription is suspended or cancelled prior to the end of the subscription period and/or the domain name registration is suspended, cancelled or transferred prior to the end of the registration term. In the event of a charge back by a credit card company or other payment provider, your subscription will immediately terminate and/or your domain name registration, if applicable, will be transferred to name:warden as the paying entity for the registration.

You accept that the Internet, the domain name system and its policies, and the practice of registering, monitoring, and administering domain names are continually evolving, and therefore you agree that name:warden may modify this Agreement, as well as any additional rules or policies that are or may be published by name:warden, as necessary to comply with any other agreements that name:warden is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Any such addition or modification will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on name:warden' web site, or upon notification to you by e-mail or regular mail. Your continued use of any name:warden services or of any domain name registered through one of our registrar partners on your behalf through name:warden will constitute your acceptance of this Agreement as well as modified or additional rules or policies that are or may be published by name:warden or by our registrar partners. If you do not agree to any such changes, you may request that your subscription service be cancelled. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by name:warden.

Any failure by you to abide by any provision of this Agreement, any name:warden operating rule or policy or the Dispute Policy, may be considered by us to be a material breach of this Agreement. We may provide written notice, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence that 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 or terminate the services without further notice. We reserve the right to suspend any name:warden services during such 10-day period. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you.

You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis. name:warden expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. name:warden makes no representations or warranties of any kind whatsoever that registration or use of a domain name under this agreement will immunise you either from challenges to your domain name registration, or from suspension, cancellation or transfer of the domain name registered to you. We make no warranty that our services(s) 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 in our newsletter or web site. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our newsletter and web site 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 any of our services or any transactions entered into through such services. No advice or information, whether oral or written, obtained by you from us or through our newsletter or web site shall create any warranty not expressly made herein. To the extent that any jurisdiction does not allow the exclusion of such warranties, these disclaimers will apply to the greatest extent possible.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the Uniform Domain Name Dispute Resolution Policy (UDRP), (ii) any policy adopted by the Internet Corporation for Assigned Names and Numbers (ICANN), (iii) any registrar (including name:warden) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures.

You also agree that name:warden shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as name:warden receives (i) a properly authenticated notification from a court of competent jurisdiction, or (ii) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.

You grant name:warden, in our sole discretion, the right to refuse to register your chosen domain name through one of our registrar partners, to refuse to subscribe you for other name:warden services, or to request deletion of your domain name at the acquiring registrar or cancel your services within thirty (30) calendar days from receipt of your payment for such services. In the event we refuse to register your domain name through one of our registrar partners, refuse to subscribe you for other name:warden services, or request deletion of your domain name or cancel your services within such thirty (30) calendar day period, we may refund your applicable fees. You agree that we will not be liable to you for any loss or damages that may result from any such refusal, deletion or cancellation.

For domain name registrations facilitated by name:warden, you agree to be bound by the UDRP, as approved by ICANN on October 24, 1999, as modified from time to time, and incorporated here by reference. A copy of the current UDRP may be found at www.icann.org. All other disputes between you and any party other than name:warden regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of the UDRP may be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

name:warden and its partners, affiliates and contractors will not be liable for any direct, indirect, incidental, special 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 name:warden has been advised of the possibility of such damages. We explicitly disclaim any and all loss or liability resulting from, but not limited to:
(a) suspension, loss, or modification of your domain registration;
(b) use or misuse of your domain name registration;
(c) interruption of your business, web site, email, or other services;
(d) access delays or interruptions to this web site or any web sites accessed by your registered domain names;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data;
(f) use or misuse of your user name or password;
(g) failure to acquire or re-acquire a domain name;
(h) errors, omissions, or misstatemetns in any and all information or services provided under this agreement;
(i) events beyond the reasonable control of name:warden, including without limitation failure of electrical or telecommunications services; or
(j) application of any relevant dispute policy or any other icann (or similar governmental or successor organization) adopted policies.

name:warden' entire liability, and your exclusive remedy, with respect to any name:warden services provided under this Agreement and any breach of this Agreement is limited solely to the amount you paid for such services. In no event will name:warden's maximum aggregate liability exceed the greater of the total amount paid by you for subscription to any of our services or the registration of the domain name.

You agree to release, defend, indemnify, and hold name:warden and its directors, officers, employees, contractors, agents, strategic partners and affiliates harmless from all liabilities, claims and expenses (including legal fees, expenses, and name:warden's reasonable out-of-pocket costs) relating to or arising under this Agreement ("Claims"), your domain name or its use or renewal, the name:warden services provided hereunder, or your use thereof, including without limitation infringement of any intellectual property or other proprietary right of any person or entity, or from the violation of any name:warden operating rule or policy relating to the services provided. You shall not enter into any settlement or compromise of any Claims without name:warden's prior written permission, which permission shall not be unreasonably withheld. If, in the opinion of name:warden's legal counsel, a conflict of interest exists or may reasonably be expected to exist in connection with your assumption of name:warden's defense, name:warden shall be entitled to conduct and control its own defense. This indemnification is in addition to any indemnification required under the UDRP or any similar policy. When name:warden is threatened with a suit by a third party, name:warden may seek written assurances from you concerning your promise to indemnify name:warden; your failure to provide those assurances may be considered by name:warden to be a breach of your Agreement and may result in deactivation of your domain name and/or any name:warden service.

This Agreement, and the services provided hereunder, will be governed by the laws of the England and Wales. Customer may not assign this Agreement, by operation of law or otherwise, without name:warden' prior written consent.

Version 1.1. Last update 31/3/2005