This Services Agreement (as it may be amended by us from time to time in accordance, ("Agreement") between you ("you", "your" or "Customer") and Finger Box Limited. ("Fingerbox.com") sets forth the terms and conditions of your use of the services set forth herein (collectively, the "Services").
This Agreement explains our obligations to you, and your obligations to us in relation to the Service(s). When you or someone else you have permitted, uses, modifies or cancels the Service(s) on your behalf (even if we were not notified of such authorization), or requests or purchases additional services under your account, this Agreement covers any such service or actions.
You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as all other applicable fingerbox.com Services Agreements, which are incorporated herein by reference, such as Web Site Hosting Services Agreement, Email Acceptable Use Policy, Hosted Exchange User Agreement, Privacy Notice, Copyright Policy, Digital Content License, and any additional rules or policies or services agreements that are or may be established by fingerbox.com from time to time. Below Sections apply to any and all services provided by fingerbox.com.
YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHTS IN A DOMAIN NAME ARE NOT EXCLUSIVE, AND ARE ONLY COMPRISED OF THOSE RIGHTS CONVEYED TO YOU IN THIS AGREEMENT, AND SUBJECT TO THE LIMITATIONS STATED HEREIN.
Domain Name Registration, Administration and Renewal Services
Country Code Top Level Domain Registration and Administration
In addition to registering and renewing TLD domain name registrations, fingerbox.com also registers and renews various country code top level domains ("ccTLDs"). The registry administrator for each ccTLD varies by individual country code. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by these registry administrators for their respective registries only. Fingerbox.com may, in its sole discretion, elect to discontinue offering registrations or renewals of some or all ccTLDs.
No Guarantee of Registration or Renewal
Fingerbox.com is, upon accepting your application to register or renew a domain name, your sponsor for that application. No domain name registrations shall be deemed effective unless and until we deliver the domain name registration or renewal application to the appropriate registry administrator, as applicable, and that registry administrator accepts your application and activates your domain name registration or renewal. You will be entitled to a refund only if your registration is unsuccessful, and extra administration charges will be imposed.
You acknowledge and agree that fingerbox.com does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available or you are able to complete an order with respect to such name. You also understand that fingerbox.com cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that fingerbox.com is not responsible for any inaccuracies or errors in the domain name registration or renewal process. You are solely responsible for making sure that your registration or renewal has been properly processed. You further acknowledge and agree that fingerbox.com may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that fingerbox.com is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate, and your contact information will be kept current; (b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not use the domain name in violation of any applicable laws or regulations or fingerbox.com's rules or policies. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights.
Domain Name Registrant
fingerbox.com considers the entity named as the administrative contact for the domain name at the time the controlling User name and password are secured to be the registrant of that domain name and that entity is your agent with full authority to act on your behalf with respect to the domain name registration or any other services obtained from fingerbox.com, including (but not limited to) the authority to terminate, transfer (where permitted by the Agreement), or modify such services, or obtain additional services.
IF A REGISTRANT TRANSFERS A DOMAIN NAME TO ANOTHER REGISTRAR OR TO A NEW REGISTRANT, THE FINGERBOX.COM SERVICES ASSOCIATED WITH THAT DOMAIN NAME MAY TERMINATE FOLLOWING THE TRANSFER.
Coming Soon Web Page
All domain names registered through fingerbox.com are pointed to a "Coming Soon" Web page, which informs visitors that the registrant has recently registered their domain name via fingerbox.com. The Coming Soon Web page may be modified at any time by fingerbox.com without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by fingerbox.com, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. To see a sample Coming Soon Web page, please click here. If for any reason you do not wish to have the domain name you have registered pointed to a Hosting By Web page, please notify our Customer Support team or simply email us for related issues.
Provisions for Non-Roman Alphabet Names
You acknowledge and agree that fingerbox.com cannot guarantee the functionality of non-roman alphabet language domain names, or that its non-roman alphabet language registration service will be error-free, in that fingerbox.com cannot know with certainty whether or not the non-roman alphabet language domain name you are seeking to register or renew will be translated properly by the Internationalized Domain Name System. Furthermore, you acknowledge that fingerbox.com or the registry administrator may be required to suspend, modify or cancel your non-roman alphabet language registration in order to comply with new ICANN or IETF rules, regulations or standards that apply to such registrations.
Web Site Forwarding
Web Site Forwarding provides you with the capability to forward visitors to a domain name residing on fingerbox.com's DNS servers to a Web site designated by you (a "forward to address"). You acknowledge and agree that you may use Web Site Forwarding to link your domain name to a forward to address, but you may not use Web Site Forwarding for unlawful purposes, in violation of any applicable laws or regulations, in violation of fingerbox.com's rules or policies, for the forwarding of a domain name not registered in your name, the forwarding to an invalid forward to address, or the unauthorized forwarding to a third party Web site.
You agree and acknowledge that fingerbox.com may place advertising banners of fingerbox.com or third parties into any Web site(s) using the free Web Site Forwarding service.
fingerbox.com's electronic mail service provides you with the capability to send and receive electronic mail.
You agree to be bound by the applicable provisions of fingerbox.com's Acceptable Use Policy, as modified by fingerbox.com from time to time, and which is incorporated herein and made part of this Agreement by reference, in connection with your use of the electronic mail services described in this Agreement.
fingerbox.com's outsourcing contractors for the e-mail services , or their successors ("Contractor"), are intended third party beneficiaries of the electronic mail service customer's obligations under this Agreement and thus shall be entitled to enforce those obligations against you as if a party to this Agreement.
Fees, Service Term, Renewal Reminders
As consideration for the Service(s), you agree to pay fingerbox.com the applicable Service(s) fees set forth on our Web site at the time you request the Service from fingerbox.com. All fees are due immediately and are non-refundable, except as otherwise expressly noted. We reserve the right NOT to accept payment by check or cash. Each domain name registration is for a one-year initial term, or such longer term as you may order or as may be required by a particular registry administrator, and is renewable thereafter for successive one to six-year terms, as set forth during the renewal process. Other fingerbox.com Services are usually for one-year or one-month initial terms, or as otherwise specified during the ordering process, and are renewable thereafter for such terms as are specified during the renewal process.
Any renewal of your Services with us is subject to our then-current terms and conditions, including, but not limited to, payment of all applicable Service fees at the time of renewal and, in the case of renewal of a domain name registration, the registry administrator's acceptance of such renewal. Except with respect to Services to which you subscribe on a monthly basis, we will attempt to provide you a renewal reminder prior to the renewal of your Services at least fifteen (15) days in advance of the renewal date. In the case of domain name registrations, fingerbox.com will attempt to send this reminder by email to the administrative contact on file for the domain name registration. Additional payment terms apply to certain fingerbox.com Services, as set forth in this Agreement.
You agree to pay all value added, sales and other taxes (other than taxes based on fingerbox.com's income) related to the Service(s) provided to you hereunder. All payments of fees for the Service(s) provided by fingerbox.com shall be made in Hong Kong dollars unless pre-agreed. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 5% per month or the maximum amount allowed by law, whichever is less.
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or renewal fee, you acknowledge and agree that the Service for which such fee has not been paid may be suspended, canceled or terminated, in fingerbox.com's sole discretion, or, in the case of a domain name, transferred to fingerbox.com as the entity that has paid the applicable fee to the registry. In addition, we reserve all rights regarding such domain name registration including, without limitation, the right to make the domain name registration available to other parties for purchase. We will reinstate any such Service solely at our discretion, and subject to our receipt of the applicable Service or renewal fee and our then-current reinstatement fee.
ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM.
fingerbox.com reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you.
You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection.
Services Enrolled in Automatic Renewal
Unless you affirmatively agree participation submitted advance payable amount, the following Services will be enrolled in fingerbox.com's automatic renewal service:
Domain name registrations;
Web Site Forwarding;
electronic mail; and
Web site hosting (annual plan);
The automatic renewal service is provided as a courtesy and helps to prevent unwanted deletion of a Service. For gTLDs, such service will attempt to renew your Service(s) on or about the renewal date for a one year term (or such longer term as may be required by a particular registry administrator) by charging the most recent credit card on file with us for your account the then-current retail price for such renewal(s). For ccTLDs, because of the complexity of ccTLD renewals, such service will attempt to renew your Service(s) approximately 45 days before the renewal date of a ccTLD. For other fingerbox.com Services, the automatic renewal service will attempt to renew your Service(s) for one-year or one-month terms, in accordance with your initial term of service (i.e., we will attempt to renew Service(s) ordered for one-month terms on a monthly basis, whereas we will attempt to renew Service(s) ordered for one-year terms for yearly renewal terms). The automatic renewal service is provided as a convenience for you but in no way guarantees a desired renewal. It is your obligation affirmatively to renew any desired Service. In addition, fingerbox.com has no obligation to renew your Service(s) if the most recent credit card on file with us for your account is not accepted according to fingerbox.com's payment processing systems.
You also acknowledge and agree that if you do not want fingerbox.com's automatic renewal service to apply to your Service(s), you must affirmatively choose not to participate in this automatic renewal service by contacting customer service by email us or Contact us. For services that are billed monthly, to terminate automatic renewal, you need simply to cancel your Service(s). Your failure to affirmatively opt out of or terminate the automatic renewal service constitutes your authorization and consent for fingerbox.com to attempt automatically to charge your credit card the then-current retail price for such renewal.
Services NOT Enrolled in Automatic Renewal
If you receive Service(s) other than those described above will NOT be enrolled in our automatic renewal service unless you "opt in" to our automatic renewal service in accordingly (and subject to your agreement to the terms and conditions pertaining to that service) on our Web site.
fingerbox.com may, from time to time and at the company's discretion, offer free email, Web site hosting or other services to customers. Customers are required to use these services regularly to keep the accounts active, and fingerbox.com reserves the right to terminate free accounts that remain idle for a period of 60 days. Free Services may not be provisioned until such time as the customer configures the account and logs in for the first time. It is your responsibility to keep your free Service in active status by regularly logging into your account.
Regardless of whether you are enrolled in any of our automatic renewal programs, you are solely responsible for the credit card and billing contact information you, your agents or assignees provide to fingerbox.com and you acknowledge and agree that you will promptly inform fingerbox.com of any changes thereto (e.g., change of expiration date or account number). You are solely responsible for ensuring the Services are renewed.
FINGERBOX.COM SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES.
The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
User Name and Password; Account Manager
The first time you apply to use fingerbox.com's services, you will be asked to select a User name and password. That User name and password are the means through which you access certain of the Services. You acknowledge and agree that it is your responsibility to safeguard the User name, password and any secret question/secret answer you select from any unauthorized use, including by your agents and Assignees.
IN NO EVENT WILL FINGERBOX.COM BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR USER NAME OR PASSWORD.
Certain fingerbox.com users have access to fingerbox.com's account manager utility. If you are one of those users, you may use the account manager utility to modify certain records concerning your Service(s).
Those users with access to our account manager utility may log into the utility at http://www.fingerbox.com.hk, using the username and password established during the application process. If you have more than one profile (i.e., you have registered multiple domain names through fingerbox.com and have created a different user name and password profile for each domain name), be sure that you use the username and password for the domain name you intend to manage using the account manager.
You acknowledge that the functionality of the account manager will differ based on the date of registration, as well as whether or not the domain name lists fingerbox.com's domain name servers as authoritative for the domain name. You further acknowledge that any changes you make through the account manager may take as long as 72 hours to become effective or may not become effective at all.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under that account and in connection with your use of the Service(s), and for any other actions taken in connection with a registered domain name, including those of your agents, assignees and other users to whom you give e-mail accounts associated with your domain name(s) ("E-mail Users"). You agree to notify fingerbox.com immediately of any unauthorized uses of the account or any other breaches of security. You acknowledge and agree that fingerbox.com cannot and will not be liable for any loss or damage from the failure to comply with this security obligation, or for any acts or omissions, of you or any of your agents, assignees or E-Mail Users, including any damages of any kind incurred as a result of such acts or omissions.
Changes to this Agreement or to Additional Rules or Policies
You agree that fingerbox.com may modify this Agreement, as well as any additional rules or policies that are or may be published by fingerbox.com, as necessary to comply with fingerbox.com's agreement with other related parties, or with any other agreements that fingerbox.com is currently bound by or will be bound by in the future, or for any other reason in fingerbox.com's sole discretion.
Except as otherwise provided in this Agreement, you agree that, during the term of this Agreement, we may: (1) revise the terms and conditions of this Agreement; and/or (2) change the Services provided under this Agreement, in whole or in part, at any time (including, without limitation, changing service providers or subcontractors for e-mail and other Services provided under fingerbox.com's name). Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the Service(s) on our Web site, or upon transmission to you at the e-mail address provided by you for the registrant or administrative contact of your domain name, or such other email address as you may provide in connection with any Service purchased from fingerbox.com; provided, however, that terms and conditions for new services shall be effective immediately upon posting on our Web site and will be applicable to you when you order such new Service(s). Your continued use of any Service(s) purchased through fingerbox.com shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by fingerbox.com, each with the new modifications. If you do not agree to any of such changes, you may request that your Service(s) be cancelled or that your domain name registration be transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer 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 fingerbox.com from time to time.
No employee, contractor, agent or representative of fingerbox.com or its subsidiaries is authorized to alter or amend the terms and conditions of this Agreement except by means of a written document signed by you and an authorized officer of fingerbox.com.
Information and Its Use
You hereby acknowledge and agree that, in connection with your use of certain of fingerbox.com's services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate.
In addition to such other information that fingerbox.com may require you to provide in order to obtain the Services, fingerbox.com requires that you submit the following information in connection with domain name registration, administration and renewal services.
Domain Name Registration, Administration and Renewal Services
The information you are obligated to provide and keep current in connection with your use of fingerbox.com's domain name registration, administration, and renewal services is the following:
Your full name (or the name of the entity and authorized contact person, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, where available;
The domain name being registered; and
The name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration.
You acknowledge and agree that when you renew a 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, the registration may not be renewed, in fingerbox.com's sole discretion.
Additional Information Maintained
In addition to the information you provide, we maintain records relating to any domain name application received by fingerbox.com, as well as any domain name registered through, administered, or renewed by fingerbox.com. We also maintain records relating to other Services that we provide to you. These records may include, but are not limited to:
The original creation date of a domain name registration, renewal, or request for Services;
The submission date and time of a registration or renewal application, or request for Services to us and by us to the proper registry;
Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us;
Records of your account, 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, email address, voice telephone number, and where available, fax number of the zone contact for a domain name;
The expiration date of a domain name registration; and
Information regarding all other activity between you and us regarding your use of the services.
In the event that (i) in applying for Service(s) or the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be a sufficient basis for cancellation of your domain name registration or Service(s), in our sole discretion. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to an inquiry by fingerbox.com concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be a sufficient basis for cancellation of your domain name registration.
Without limiting your obligations under this Section 10(c) of the Agreement, you agree that fingerbox.com (itself or through its third party service providers) is authorized, but not obligated, to use certain address or billing correction services to update and/or to change any address or billing information associated with your account (including, without limitation, registrant address, billing contact address, and credit card information), and you agree that fingerbox.com may use such changed information for all purposes in connection with your account (including the sending of renewal notices or invoices or for automatic renewal charges).
Disclosure and Use of Information
You further acknowledge and agree that fingerbox.com may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws. One of the ways that fingerbox.com may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with fingerbox.com. Please click here to refer to FINGERBOX.COM's bulk WHOIS data policies and click here if you would like your WHOIS information made available for bulk access. fingerbox.com reserves the right to discontinue providing bulk WHOIS data access to third parties.
You hereby consent to any and all such disclosures and use of, guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any Services (including any updates to such information), whether during or after the term of your registration of a domain name or other Services. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by fingerbox.com.
We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
fingerbox.com will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. fingerbox.com will have no liability to you or any third party to the extent such reasonable precautions are taken.
You acknowledge and agree that communications with fingerbox.com are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of fingerbox.com.
Ownership of Data
You acknowledge and agree that fingerbox.com owns all database, compilation, collective and similar rights, title and interest worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to fingerbox.com a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (a) the original creation date of a domain name registration or other Service, (b) the expiration date of a domain name registration or other Service, (c) the name, postal address, email address, voice telephone number, and where available fax number of the contact person for a Service, or of the registrant, technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any other information concerning a registered domain name or Service that appears or may appear in a WHOIS database or fingerbox.com database, and (e) any other information we generate or obtain in connection with the provision of the Services. fingerbox.com does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name and fingerbox.com databases, as set forth in this Section 11.
Transfers; Agents and Licenses
You agree that you may not transfer a domain name registration to another domain name registrar during the first sixty (60) days from the effective date of the initial domain name registration with us. After that time, you may transfer your domain name registration to a third party domain name registrar of your choice, subject to our then-current policies and procedures incorporated herein by reference. (click here for our specific transfer policies and procedures).
You agree that, if you are using the Services for someone else, you represent and warrant that you have: (a) provided notice to that third party of your intent to purchase the Service(s); (b) obtained that third party's express consent to purchase the Service(s) on its behalf; and (c) the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You accept liability for harm caused by wrongful use of the Services.
You agree that if you license the use of a domain name or other Service registered in your name to a third party, you nonetheless remain the Service 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 registration or Service. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name registration, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.
System Performance Degradation
fingerbox.com depends upon its own and third party, including registry administrators, computer systems to provide the Services, and to provide timely information to fingerbox.com's customer service team. Occasionally, these computer systems are subjected to exceptional volumes of incoming data, service requests, processes, electronic mail messages, and/or WHOIS queries that result in significant degradation of system processing and response time. Regardless of the reason, in those instances when there is system performance degradation, fingerbox.com reserves the right, in its sole discretion, to filter or block electronic messages, data and/or processes originating from or traveling to the identified sources of the high volume traffic. fingerbox.com will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. fingerbox.com further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
Finally, you acknowledge and agree that if your server is involved in an attack on any computer system, either with or without your knowledge or complicity, your account will be shut down while the matter is investigated and resolved in fingerbox.com's absolute discretion.
Limitation of Liability
YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT FINGERBOX.COM WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY
(a) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF YOUR SERVICE(S),
(b) USE OF OR INABILITY TO USE THE SERVICE(S),
(c) INTERRUPTION OF BUSINESS,
(d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR A SERVICE (INCLUDING, WITHOUT LIMITATION, TO WEB SITE(S) ACCESSED BY THE
DOMAIN NAME REGISTERED IN YOUR NAME),
(e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION,
(f) EVENTS BEYOND FINGERBOX.COM'S AND SUBCONTRACTOR'S REASONABLE CONTROL,
(g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION,
(h) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR FINGERBOX.COM POLICY (INCLUDING, WITHOUT LIMITATION, ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES),
(i) DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS;
(j) TRANSACTIONS CONDUCTED ON A USER WEB SITE, INCLUDING FRAUDULENT TRANSACTIONS;
(k) LOSS INCURRED IN CONNECTION WITH YOUR SERVICE(S), INCLUDING IN CONNECTION WITH E-COMMERCE TRANSACTIONS;
(l) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(m) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING YOUR SERVICE(S), OR
(n) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE(S). FINGERBOX.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF FINGERBOX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FINGERBOX.COM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS. BECAUSE DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED.
You agree to defend, indemnify and hold harmless fingerbox.com, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to (i) your use of or connection to the Services, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular Service registered in your name, (ii) your use of any domain name registration or other Service; (iii) your Content; (iv) your breach or violation of any term, condition, representation or warranty of this Agreement; or (v) your violation of any rights of others.
You additionally agree to indemnify, defend and hold harmless the applicable registry administrator and 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, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," AS AVAILABLE BASIS. FINGERBOX.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SERVICE GUARANTEES, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. FINGERBOX.COM FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY:
(i) THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS,
(ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR
(iv) THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY FINGERBOX.COM, ITS EMPLOYEES, LICENSEES OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. WITHOUT ANY LIMITATION TO THE FOREGOING, FINGERBOX.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
Suspension, Cancellation, Transfer or Modification of Service(s)
You acknowledge and agree that fingerbox.com may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in fingerbox.com's sole discretion and without notice to you. You also acknowledge and agree that fingerbox.com shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. Without limiting the foregoing, fingerbox.com may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration (a) to correct mistakes made by fingerbox.com, another registrar, or the applicable registry administrator, (b) to resolve a dispute related to that domain name, (c) within thirty (30) calendar days of the creation date of that domain name registration, (d) if you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by fingerbox.com, (e) if you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (f) if you use a domain name in connection with unlawful activity.
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 UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including fingerbox.com) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that fingerbox.com shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as fingerbox.com receives what reasonably appears to be (a) an authentic notification from a court of competent jurisdiction, or (b) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.
FOR PURPOSES OF GIVING NOTICE UNDER THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT CONTACT INFORMATION MAY ONLY BE UPDATED BY FOLLOWING THE INSTRUCTIONS POSTED ON FINGERBOX.COM'S WEBSITE. FINGERBOX.COM SHALL HAVE NO OBLIGATION TO ATTEMPT TO CONTACT YOU AT ANY OTHER CONTACT INFORMATION THAT YOU MAY PROVIDE TO FINGERBOX.COM CUSTOMER SERVICE OR OTHERWISE.
By providing such contact information to fingerbox.com, you agree that fingerbox.com may use the information you have provided to contact you via email, postal mail, telephone or fax in any format or manner. fingerbox.com may, but shall have no obligation to, send a single notice by various means of delivery (i.e., fax, email, certified mail or express mail). In no event shall fingerbox.com be liable to you for choosing to send notice to one address, or by one means of delivery, and not others.
Conflicts with other Agreements
In the event of any conflict between this Agreement and the terms and conditions governing your use of any service(s) provided by fingerbox.com's third party service providers or any registry administrator, the terms and conditions of this Agreement shall govern as it relates to any rights and remedies as between you and fingerbox.com.
Entire Agreement; Section Headings
This Agreement as well as any additional fingerbox.com rules and policies, together with all modifications thereto, constitute the entire agreement between you and fingerbox.com concerning your use of the Services, and supercede and govern all prior proposals, agreements or other communications between you and fingerbox.com (including, but not limited to, any prior versions of the Agreement). You also may be subject to additional terms and conditions that may apply when you use third party, affiliate or other fingerbox.com Services, third-party content or third-party software.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, fingerbox.com may immediately terminate this Agreement and shall have no liability therefore.
Except as otherwise set forth herein, your rights under this Agreement are neither assignable nor transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to resell any of the Services without fingerbox.com's prior express written consent.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Except as expressly stated herein, this Agreement shall not be construed to create any obligation by fingerbox.com to any non-party to this Agreement.
The failure of fingerbox.com 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 fingerbox.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement 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. fingerbox.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of fingerbox.com as reflected in the original provision.