Please carefully read these terms and conditions as they describe your legal rights and obligations. The following Terms of Business apply to any and all of the domain name registration, web site hosting, marketing, email, software and any other service or facility (together "Services" and individually "Service") to be provided by DivisionX, Inc. to you from time to time. "Server" means the computer server equipment operated by DivisionX, Inc. in connection with the provision of the Services. "User" means you, the Customer, or any person who makes use of the Services through you or on your behalf. "Web Site" means the area on the Server allocated by DivisionX, Inc. to the User for use by the User as a site on the Internet. "Contract" means the agreement between DivisionX, Inc. and the User incorporating these conditions; References to "Agreement" shall, where the context admits, be read as referring to the Contract.
This Agreement is between: DivisionX Inc. whose registered office is at 2316 Klattenhoff Drive, Austin, TX 78728, ("we" and also "us" or "DivisionX") and the User; This Agreement shall become effective as of the date of (1) the User's electronic acceptance of this agreement, (2) the activation of the User's account (3) the User's receipt of an e-mail from DivisionX, Inc. confirming the order, or (4) the User first accessing the Services, whichever happens first.
BY REGISTERING FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY DIVISIONX, INC. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT IRRESPECTIVE OF THE MODE OR MANNER EMPLOYED WHEN ORDERING OR USING ANY SERVICES. THESE TERMS OF BUSINESS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITATION OF DISPUTES. ANY AGREED VARIATION OR ALTERATION TO PART OF THESE TERMS OF BUSINESS WILL NOT INVALIDATE THE REMAINDER OR THE WHOLE. ANY ALTERATION OR ADDITION TO THE SUPPLIES INSTRUCTED ON AN ORDER WILL REQUIRE TO BE THE SUBJECT OF A NEW ORDER.
We do not warrant or guarantee that the domain name(s) applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name(s) has been registered.
The registration of the domain name and its ongoing use is subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. We act only as an intermediary between you and the organization providing the domain name. You also acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
(A) The Uniform Domain Name Dispute Resolution Policy (Dispute Policy), available at:
(B) The Restrictions Dispute Resolution Criteria and Rules (RDRP), available at:
(C) Nominet's Terms and Conditions available at:
(D) OpenSRS Registration Agreement available at:
(E) eNom Registration Agreement available at:
(F) CentralNIC Terms and Conditions available at:
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 adopted by the applicable registry. 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 applicable policy. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by ICANN or an applicable registry policy.
Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name 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 domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you will secure the agreement of any third party to the terms and conditions in this Agreement
This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.
We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server.
(A) You warrant and agree that you will at all times conform to our Acceptable
(B) You warrant and agree that you will not exceed your allocated data transfer volume or disc space allocation for the specified Service and agree to pay additional charges as displayed on our web site and as may vary from time to time, for the data transfer volume or disc space exceeding the agreed level. You are responsible for monitoring your bandwidth and disc space usage, and agree to check your e-mail and download or delete your e-mail on a regular basis in order not to exceed your Mailbox limit of 100Mb and to ensure compliance with this paragraph. If your Mailbox limit has been exceeded we will either archive and delete the mailbox or return any and all e-mails sent to you to the originating sender without liability to you.
(C) Should you exceed your allocated data transfer volume or disc space for the specified Service, DivisionX, Inc. will issue a notice stating the excess usage. If the customer does not take action in a reasonable amount of time, to be determined by DivisionX, Inc., DivisionX, Inc. may at its sole discretion take whatever action is deemed necessary, including but not limited to the indefinite suspension of your account, in order to limit further usage.
(D) You warrant and agree that you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers, such excessive or wasteful use to be determined by DivisionX, Inc. at its sole discretion. We reserve the right at our sole discretion to charge a "clean-up" fee of $100 along with a potential fee of $50 per mailing/complaint we receive. You further warrant and agree that DivisionX, Inc. can at its sole discretion take whatever action necessary including, but not limited to, indefinite suspension of your account, in order to correct such a breach.
You are responsible for sending email in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email.
Whilst we shall use reasonable endeavors to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers.
Subject to the terms of this Agreement any domains registered or renewed through us or transferred to us where a fee was charged for the service comes with free URL and Email forwarding and free disc space and data transfer limited to levels listed on our web site. This service is only provided so long as the nameservers of the domain are our nameservers and the domain remains registered with us, and there is no abuse of our Acceptable Use Policy.
Any activities that would facilitate or promote activities which violate this Acceptable Use Policy ("AUP") will be considered violations of this AUP. Attempted violations will be treated as if they succeeded.
You further warrant and agree that DivisionX, Inc. shall be the sole arbitrator of what violates this policy.
We reserve the right to immediately suspend without notice the Services of any client disregarding this policy. We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any client for any reason not prohibited by law. We reserve the right at our sole discretion to charge a "clean-up" fee of $100 for any violation of this policy along with a potential fee of $50 per mailing/complaint we receive.
Any complaints about a violation of this AUP should be sent to firstname.lastname@example.org.
It is not possible to enumerate all possible violations of our AUP. We expect our customers to comply with the spirit of this AUP, particularly the following points:
You warrant to us that you will only use your assigned Services for lawful purposes. In particular, You further warrant and undertake to us that:
(A) You will not, nor will you authorize or permit any other party to, use the Server in violation of any law or regulation;
(B) You will not knowingly or recklessly post, link to or transmit or allow the transmission of (e.g. in a chat room, forum or other community software that you may host with us):
DivisionX, Inc. has a strict anti-spamming policy. Under this policy, we prohibit spam, or any unsolicited commercial email, from being sent either over our network, by clients or any other users of the our network. You agree and warrant that you shall not use any form of mass unsolicited electronic mail, news group postings, IRC posting or any other form of "spamming" or "mail bombing", and you further agree and warrant that you will not run IRC related scripts, programs, or bots. Any deliberate attempt to cause damage to DivisionX, Inc. Servers or network or any other Internet servers will result in immediate account deactivation without prior notice.
We reserve the right at our sole discretion to charge a "clean-up" fee of $100 for any violation of this policy along with a potential fee of $50 per mailing/complaint we receive.
Circumventing security measures or interference with the services of another user, host, or network is explicitly prohibited. This includes, but is not limited to, denial of service attacks, password cracking, use of security exploits, or using resources not allocated to you. Customer will be held liable for any activity on, against, or otherwise related to their web site, even if the customer did not initiate that activity.
High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts.
DivisionX, Inc. reserves the right to issue 'Mandatory Security Updates'. These are updates that the customer must apply as quickly as possible. If the customer does not apply them within a reasonable amount of time, to be determined by DivisionX, Inc., then we will apply them for the customer at our standard hourly rate. We only issue 'Mandatory Security Updates' when we find that an exploit is being so widely used, that it represents a threat to our servers, our network or the Internet in general.
You warrant and agree that you are responsible for maintaining the confidentiality of your account(s) and password(s) and are fully responsible for all activities that occur through the use thereof. You agree to immediately notify us of any unauthorized use of your account(s) or password(s) or any breach of security. We cannot and will not be liable for any loss or damage from your failure to comply with your security obligation.
If you have taken advantage of the Postini spam and virus filtering services offered via DivisionX, Inc. you also acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
Postini Acceptable Use Policy ("AUP")
DivisionX, Inc. generally provides access to a number of third party software applications free of charge. You warrant and agree that the installation and use of this software by you is entirely at your own risk and in accordance with the terms of this Agreement, and the licensing agreement (if any) associated with the software. Customer support is limited to the provision of links to documentation and help files for the installation and use of third-party software. You may contact us for additional technical support on a fee basis and DivisionX, Inc. in its sole discretion reserves the right to refuse to provide such support. Any support we may subsequently agree to provide to you shall be at our sole discretion and once commenced, may be terminated at any time without notice to you and without any liability to us.
Any software developed by DivisionX, Inc. and licensed for use by the User is additionally subject to our Software Licensing Agreement that needs to be separately agreed to by the User before we will provide the User with access to the software.
DivisionX, Inc. will provide to User reasonable amounts of consultation via telephone and/or electronic mail in the use of the Services, but will not assist with any services that are not maintained or controlled by DivisionX, Inc. You may contact us for additional technical support on a fee basis and DivisionX, Inc. in its sole discretion reserves the right to refuse to provide such support. Any support we may subsequently agree to provide to you shall be at our sole discretion and once commenced, may be terminated at any time without notice to you and without any liability to us.
The performance by DivisionX, Inc. of its duties and obligations under this Agreement will be that of an independent contractor, and nothing in this Agreement will create or imply an agency relationship between DivisionX, Inc. and User, nor will this Agreement be deemed to constitute a joint venture or partnership between the parties.
Neither party will assign this Agreement, in whole or in part, without the prior written consent of the other party. This Agreement will inure to the benefit of, and be binding upon the parties hereto, together with their respective legal representatives, successors, and assigns, as permitted herein.
(A) All information relating to User that is known to be confidential or proprietary,
or which is clearly marked as such, will be held in confidence by DivisionX, Inc. and
will not be disclosed or used by DivisionX, Inc. except to the extent that such
disclosure or use is reasonably necessary to the performance of the Services.
(B) All information relating to DivisionX, Inc. that is known to be confidential or proprietary, or which is clearly marked as such, will be held in confidence by User and will not be disclosed or used by User except to the extent that such disclosure or use is reasonably necessary to the performance of User's duties and obligations under this Agreement.
(C) These obligations of confidentiality will extend for a period of after the termination of this agreement, but will not apply with respect to information that is independently developed by the parties, lawfully becomes a part of the public domain, or of which the parties gained knowledge or possession free of any confidentiality obligation.
(A) User hereby grants to DivisionX, Inc. a non-exclusive, royalty-free, worldwide
right and license during the term of this Agreement to do the following to the extent
necessary in the performance of Services: (a) digitize, convert, install, upload,
select, order, arrange, compile, combine, synchronize, use, reproduce, store, process,
retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink
the Content; and (b) make archival or back-up copies of the Content. Except for the
rights expressly granted herein, DivisionX, Inc. does not acquire any right, title or
interest in or to the Content, all of which will remain solely with User.
(B) Any feedback, data, answers, questions, comments, suggestions, ideas or the like that User sends to DivisionX, Inc. relating to the Services will be treated as being non-confidential and non-proprietary. DivisionX, Inc. may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any lawful purpose.
(C) DivisionX, Inc.'s trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of DivisionX, Inc.. User will not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of DivisionX, Inc.. DivisionX, Inc. will maintain and control ownership of all Internet protocol numbers and addresses that may be assigned by DivisionX, Inc. to User. DivisionX, Inc. may, in its sole discretion, change or remove any and all such Internet protocol numbers and addresses.
(D) DivisionX, Inc. hereby grants to User a non-exclusive, non-transferable license, for the term of this Agreement, to use the provided technology solely for the purpose of accessing and using the Services. User may not use the provided technology for any purpose other than accessing and using the Services. Except for the rights expressly granted herein, this Agreement does not transfer from DivisionX, Inc. to User any right, title or interest in and to the provided technology, and all right, title and interest thereto will remain solely with DivisionX, Inc.. User will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the provided technology.
THE SERVICES PROVIDED THROUGH DIVISIONX, INC. ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE USE OF THE SERVICES IS WITH YOU. DIVISIONX, INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF OUR SERVERS. NO WARRANTY IS MADE BY DIVISIONX, INC. REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT.
YOU WARRANT AND AGREE THAT IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL DIVISIONX, INC. BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF YOUR WEB SITES TO OPERATE, EVEN IF YOU OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
The User warrants and agrees that it shall defend, indemnify, save and hold DivisionX, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DivisionX, Inc., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the User, it's agents, employees or assigns. The User further warrants and agrees to defend, indemnify and hold harmless DivisionX, Inc. against liabilities arising out of:
(A) Any injury to person or property caused by any products sold or otherwise distributed
in connection with a DivisionX, Inc. server;
(B) Any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party;
(C) Copyright infringement and
(D) Any defective products sold to the client from a DivisionX, Inc. server.
You warrant and agree that DivisionX, Inc. shall be the sole arbitrator of what violates this policy.
(A) We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.
(B) We may terminate this agreement upon written notice if you breach any of these terms and conditions and you fail to correct the breach within thirty (30) days following written notice from us specifying the breach, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
(C) Upon termination of this agreement we shall be entitled to payment in full for the remainder of your term of contract with us and to immediately block your Services and to remove all data associated with the Services. We shall further be entitled to post such notice in respect of the non-availability of the Services as we think fit.
(D) You continue to be liable to pay all charges which are due for Services during any period in which you do not comply with this Contract
(E) If DivisionX, Inc. waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by DivisionX, Inc. in acting upon a breach is not to be regarded in itself as a waiver
(F) We may terminate this agreement upon written notice provided to you thirty (30) days in advance if we are unable to provide you with services for operational reasons. In the case of termination of this contract by us due to operational reasons we will refund you the remainder of any payments made by you to us for the remaining period of your contract.
(A) All charges payable by you to us for the Services shall be in accordance with the
relevant scale of charges and rates or invoices supplied and shall be due and payable
in advance of our Service provision
(B) The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.
Any failure of DivisionX, Inc. to enforce any of the provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other rights hereunder. The waiver by any party of any breach of covenant will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing, and signed by the party waiving its rights. This Agreement may be modified only by a written instrument executed by authorized representatives of the parties hereto.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
If any term of this Agreement is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect
Neither party will be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond the delayed party's reasonable control.
These terms and conditions together with the additional agreements attached here or linked to via the web and referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. You confirm that, in agreeing to these terms and conditions, you have not relied on any representation save insofar as the same has expressly in these terms and conditions been made a representation and you agree that you shall have no remedy in respect of any misrepresentation (other than a fraudulent misrepresentation) which has not become a term of this Agreement.