Terms and Conditions
This Service Agreement (the 'Agreement') explains Cannon Tomlinson Mansley Ltd's ('=you' or the 'i-Broker') obligations to its customers (you or the 'Registrant'), and your obligations to =you in relation to the service(s) you purchase from =you.
1. INTRODUCTION
By purchasing =you service(s), you agree to establish an account with us for such service(s). When you use your account or permit someone else to use your account to purchase or otherwise acquire access to =you service(s) or to modify or cancel your =you service(s) (even if we were not notified of such activities), this Agreement as amended covers any such service or actions. Additionally, you agree that each person listed in your account information as being associated with your account for any service(s) provided to you (including, but not limited to, XRI registration services) is your agent with full authority to act on your behalf with respect to such service(s) in accordance with the permissions granted, and that the primary contact and administrative contact for your account shall have the authority, without limitation, to terminate, transfer (where transfer is permitted by the Agreement), or modify such service(s) or your account information, or purchase additional services.
2. DEFINITIONS
- GRS Registry System
'GRS Registry System' means the set of global registration and resolution services for XRIs provided by XDI.ORG. - Global Service Specifications (GSS)
'Global Service Specification' or 'GSS' shall mean the specifications published by XDI.ORG governing the operation of operation of services offered by XDI.ORG and its authorised agents. The GSS can be found at http://gss.xdi.org. - Registrant
'Registrant' means an individual or organisation that enrolls with i-Broker to obtain a service from the GRS Registry System. - Registered XRI
'Registered XRI' means an XRI registered by a Registrant. - XRI
'XRI' means a URI-compatible scheme and resolution protocol for abstract identifiers used to identify and share resources across domains and applications (e.g. i-name and/or i-number). - Other terms used in this Agreement as defined terms shall have the meanings ascribed to them in the context in which they are defined.
3. XRI REGISTRATION
- Fees and Payment
Initial XRI registrations, and XRI registrations that have passed the registration agreement's anniversary date, must be in a paid status to transfer, delete, modify, or otherwise to request =you to affect the XRI record or to provide XRI services. XRI registrations in an unpaid status are routinely deleted on a regular basis. - Transfers and Licensing of Use
You agree that you may not transfer your XRI registration to another XRI i-broker during the first sixty (60) days from the effective date of your initial XRI registration with us. Even if you license the use of our XRI registration services to a third party, you remain responsible for complying with all terms and conditions of this Agreement, and you accept liability for harm caused by such licensee's wrongful use of our XRI registration services, unless you promptly disclose the identity of such license upon request by any person who provides reasonable evidence of actionable harm. - Disclosure of Certain Information
Subject to the requirements of our privacy statement, in order for us to comply the current rules and policies for the XRI system, you hereby grant to =you the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a XRI:- the XRI(s) registered by you;
- your name and postal address;
- the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your XRI(s);
- the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such XRI(s);
- the corresponding names of those nameservers;
- the original creation date of the registration; and
- the expiration date of the registration. You also grant to =you the right to make this information available in bulk form to third parties who agree not to use it to
- allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via telephone, facsimile, or e-mail (spam) or
- enable high volume, automated, electronic processes that apply to our systems to register XRIs.
- No Guaranty
You agree that, by registration of your chosen XRI, such registration does not confer immunity from objection to either the registration or use of your XRI. - Revocation
You agree that we may suspend, cancel or transfer your services, including, but not limited to, XRI registration services in order to:- correct mistakes made by us, another i-broker or the GRS Registry System in registering your chosen XRI, or
- to resolve a dispute under our XRI dispute policy.
- Requests to Change i-Broker; Transfers Generally
You agree that =you may deny any request to transfer a XRI registration that is otherwise capable of transfer to another i-broker where you fail to respond appropriately to a transfer confirmation request from =you. Furthermore, you acknowledge and agree that pursuant to applicable policies adopted by the GSS related to the transfer of XRIs it is possible for your XRI to be transferred to another i-broker even though the transfer has not actually been approved by you, and you agree that we shall not be liable to you for any such unauthorised transfers. You also acknowledge and agree that we cannot control and shall not be liable to you for the actions of third parties, including but not limited to the GRS Registry System operator, in connection with a XRI transfer, or a reversal of or refusal to reverse a XRI transfer, whether or not the transfer was approved by you.
4. REGISTERED XRI LICENSING
If Registrant intends to license the use of a Registered XRI to a third party, Registrant is nonetheless the Registrant of record and is responsible for complying with this Registration Agreement and providing its 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 Registered XRI. A Registrant licensing use of a Registered XRI according to this provision shall accept liability for harm caused by wrongful use of the Registered XRI, unless it promptly discloses the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm.
5. BUNDLED SERVICES
If you purchase =you services that are sold together as a "bundled" package, as opposed to your purchasing such services separately, termination of any part of the services will result in termination of all =you services provided as part of the bundled package. You acknowledge and agree that some or all of the services you purchase or receive from =you may be provided by one or more vendors, contractors or affiliates selected by =you in its sole discretion.
6. FEES, PAYMENT AND TERM
As consideration for the service(s) provided by =you, you agree to pay =you the service fees set forth on =you's web site at the time of your selection, or, if applicable, upon your receipt of =you's invoice. All fees are due immediately and are non-refundable, unless otherwise specified herein. The term for the service(s) shall be for the period of time purchased by you at the time of registration and allowed under the applicable registration policy for the given name (the 'Initial Term'). Any renewal of the service(s) is subject to =you's then current terms and conditions and payment of all applicable renewal fees shall be due prior to the end of the Initial Term. Registrant agrees that if it pays by credit card (initially or in connection with a renewal) for the service(s) provided hereunder, =you is authorised, but not obligated, to automatically charge such credit card and renew the service(s) on or before its renewal date using the credit card information provided to =you, unless Registrant has notified =you (as provided herein) that it does not wish to participate in the automatic renewal process.
Registrant may opt out of the automatic renewal process in accordance with the instructions on our web site. Registrant is solely responsible for the credit card information it provides to =you and must promptly notify =you of any changes thereto (e.g., change of expiration date or account number). In addition, you are solely responsible for ensuring the service(s) are renewed. I-Broker shall have no liability to Registrant or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the service(s). Registrant agrees to pay all value-added, sales and other taxes (other than taxes based on =you's income) related to the service(s) or payments made by Registrant hereunder. Failure by Registrant to pay any fee or renewal fee in a timely mannerl, in the absence of extenuating circumstances, shall result in automatic termination of the registration and the service(s).
All payments of fees shall be made in U.K. pounds Sterling (GBP). Any sums not paid in a timely manner will accrue interest at a rate of 1.5% per month or the maximum amount allowed by law, whichever is less. XRI registrations that have passed the registration agreement's anniversary date, must be in a paid status to delete, modify, or otherwise to request =you to affect the XRI record or to provide XRI services. XRI registrations in an unpaid status are deleted on a regular basis.
7. ACCURACY OF INFORMATION
You agree to: (1) provide certain true, current, complete and accurate information about you and/or your business as required by the application process; and (2) maintain and update according to our modification procedures the information you provided to us when purchasing =you services as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services.
You agree that =you (itself or through its third party service providers) is authorised, but not obligated, to use systems or programs, as may be recognized by the United States Postal Service or other international postal authority for updating and/or standardizing address information, to change any address information associated with your account, and you agree that =you may use and rely upon any such changed address information for all purposes in connection with your account, including the sending of invoices and other important account information, as though such changes had been made directly by you.
8. PRIVACY
Our privacy statement for web sites and/or value added services purchased through equalsyou.com is located on our web site at http://equalsyou.com/policies/privacy.html and is incorporated herein by reference. The privacy statement sets forth your rights and the rights of =you and responsibilities with regard to your personal information. You agree that =you, in its sole discretion, may modify our privacy statement. We will post such revised statement on our web site at least thirty (30) calendar days before it becomes effective.
Registrant agrees that, by using our service(s) after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us except as otherwise expressly provided herein. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement.
You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to:
- the purposes for which such third party's personal data has been collected,
- the intended recipients or categories of recipients of the third party's personal data,
- which parts of the third party's data are obligatory and which parts, if any, are voluntary; and
- how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future.
We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
9. OWNERSHIP
Except as otherwise set forth herein, all right, title and interest in and to all,
- registered and unregistered trademarks, service marks and logos;
- patents, patent applications, and patentable ideas, inventions, and/or improvements;
- trade secrets, proprietary information, and know-how;
- all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired;
- registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software, and
- all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the =you services identified herein are owned by =you or its licensors, and you agree to make no claim of interest in or ownership of any such intellectual property rights.
You acknowledge that no title to the =you intellectual property rights is transferred to you, and that you do not obtain any rights, express or implied, in the =you services, other than the rights expressly granted in this Agreement. To the extent that you create any derivative work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such derivative work shall be owned by =you and all right, title and interest in and to each such derivative work shall automatically vest in =you. I-Broker shall have no obligation to grant you any right in any such derivative work.
10. EXCLUSIVE REMEDY
YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY =YOU SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL =YOU, ITS LICENSORS AND CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF =YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY EXCLUSION CLAUSE WITHIN THIS AGREEMENT SHALL BE HELD TO BE INVALID FOR ANY REASON AND THEREFORE =YOU BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE HAVE BEEN LIMITED SUCH LIABILITY SHALL BE LIMITED TO THE VALUE OF THE PURCHASE.
=you and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to:
- loss or liability resulting from access delays or access interruptions;
- loss or liability resulting from data non-delivery or data mis-delivery;
- loss or liability resulting from acts of god;
- loss or liability resulting from the unauthorised use or misuse of your account number, password or security authentication option;
- loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement;
- loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorised modification to your XRI record or your agent's failure to pay any fees, including the initial registration fee or re-registration fee;
- loss or liability as a result of the application of the GRS Dispute Resolution Policy ('GDRP') located at http://gss.xdi.org/moin.cgi/FrontPage?action=AttachFile&do=get&target=gss-v1.0-appendix-d.pdf or policies of the GRS Registry System operator; or
- loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in the GSS or any other standard not under the sole control of =you or its agent's.
11. TIME LIMITATION ON FILING A CLAIM
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
12. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND =YOU, OR AS REQUIRED BY AN APPLICABLE OASIS OR XDI.ORG SPECIFICATION, RULE, POLICY, OR STANDARD, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED IN CONNECTION WITH REGISTRANT'S XRI ARE PROVIDED "AS IS" AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. I-BROKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. I-BROKER MAKES NO WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET REGISTRANT'S REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES I-BROKER 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 THROUGH I-BROKER'S SERVICES.
REGISTRANT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF =YOU'S SERVICES IS DONE AT REGISTRANT'S OWN DISCRETION AND RISK AND THAT REGISTRANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO REGISTRANT'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
REGISTRANT IS SOLELY RESPONSIBLE FOR DETERMINING IF THE CONTENTS OF THE PRODUCTS AND SERVICES =YOU OFFERS ARE APPROPRIATE FOR REGISTRANT'S INTENDED APPLICATION AND USE. I-BROKER DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES =YOU OFFERS OR THEIR CONTENTS MEET REGISTRANT'S REQUIREMENTS.
NEITHER REGISTRANT NOR I-BROKER SHALL BE LIABLE TO THE OTHER FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF REGISTRANT OR I-BROKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The foregoing provision is not intended to waive or modify (a) i-Broker's right to collect payments for service(s) provided to Registrant, (b) any remedies to which Registrant or i-Broker may be entitled for fraudulent or criminal acts by a party, or (c) any rights that Registrant or i-Broker may have to indemnification in the event of third-party claims, as provided in the Indemnification provisions below.
I-BROKER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF I-BROKER'S WEBSITES OR SERVICES OR ANY TRANSACTIONS WITH THIRD PARTIES ENTERED INTO THROUGH SUCH WEB SITES OR SERVICES. I-BROKER IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY REGISTRANT FROM A THIRD PARTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY REGISTRANT FROM I-BROKER OR THROUGH I-BROKER'S WEB SITES OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND REGISTRANT MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO REGISTRANT.
13. INDEMNITY
You agree to release, indemnify, defend and hold harmless =you and any of our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of
- this Agreement or the breach of your warranties, representations and obligations under this Agreement,
- the =you services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer,
- any intellectual property or other proprietary right of any person or entity,
- a violation of any of our operating rules or policies relating to the service(s) provided,
- any information or data you supplied to =you, including, without limitation, any misrepresentation in your application, if applicable.
When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. I-Broker shall have the right to participate in any defense by you of a third-party claim related to your use of any of the =you services, with counsel of our choice at our own expense. I-Broker shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.
14. TERMINATION
- Termination by Registrant. Registrant may terminate this Agreement upon at least thirty (30) days written notice to i-Broker for any or no reason.
- Termination by i-Broker. I-Broker may terminate this Agreement at any time upon written notice in the event that Registrant willfully or negligently
- provides i-Broker inaccurate or unreliable information or
- fails to promptly update information provided to i-Broker pursuant to this Agreement;
- Registrant breaches an obligation of this Agreement, other than those obligations set forth in Section 14(b)1, and fails to cure such breach within ten (10) days of receipt of notice from i-Broker.
- Effect of Termination. Unless otherwise specified in writing by =you, Registrant will not receive any refund for payments already made as of the date of termination. If termination of this Agreement is due to Registrant's default hereunder, Registrant shall bear all costs of such termination, including any reasonable costs =you incurs in closing the account. You agree to pay any and all costs incurred by =you in enforcing compliance with this Section 14(c). Upon termination or discontinuance of this Agreement for any reason, =you may delete the Registrant's XRI, in accordance with =you's then-current policies and procedures.
- Effect of Termination of Bundled Services. In addition to the terms set forth in subsection 10(c) above, if you purchase =you services which are sold together as part of a bundled package of services, any termination relating to such bundle will terminate all =you services included in such bundle. For instance, any XRI registered with or maintained by =you under this Agreement (but not including any XRI registered separately and not as part of a bundled service) will be cancelled and may thereafter be available for registration by another party.
15. REPRESENTATIONS AND WARRANTIES
Registrant represents and warrants that:
- neither Registrant's registration nor use of any of the Services nor the manner in which Registrant intend to use such Services will directly or indirectly infringe the legal rights of a third party,
- Registrant has all requisite power and authority to execute this Agreement and to perform Registrant's obligations hereunder,
- Registrant has submitted and will maintain accurate contact data;
- Registrant is of legal age to enter into this Agreement (or Registrant is at least 13 years of age and has Registrant's parents' permission to apply for Services hereunder);
- Registrant agrees to comply with all applicable laws and regulations and XDI.org rules, policies, and standards, including, but not limited to the Global Services Specification;
- the XRI you are registering is not composed of GCS characters that correspond to a XRI that you do not own or have authorisation to register; and
- Registrant acknowledges and understands that if an XRI includes characters or character combinations which are disallowed under a future version of the GSS, the XRI registration may be subject to revision or termination.
16. MODIFICATION, BINDING AGREEMENT AND INCORPORATED DOCUMENTS
Registrant agrees that this agreement and the other agreements incorporated by referenced may be modified by =you from time to time as =you deems appropriate. Such revised agreements will be posted on =you's web site at least thirty (30) calendar days before it becomes effective. Registrant agrees that, by maintaining the reservation or registration of your XRI after modifications to any agreement become effective, Registrant has agreed to these modifications.
If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are non-refundable, except as expressly noted otherwise in this Agreement, but you will not incur any additional fees. By continuing to use =you services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. I-Broker is not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our web site of a general informational nature. No employee, contractor, agent or representative of =you is authorised to alter or amend the terms and conditions of this Agreement.
Registrant acknowledges that this Agreement may be terminated at any time if Registrant does not agree to such modifications. I-Broker will not refund any fees paid by Registrant on termination. I-Broker may terminate this Agreement or any part of the Services at any time in the event Registrant breaches any obligation hereunder, fails to respond within ten (10) calendar days to an inquiry from us concerning the accuracy or completeness of the information provided to us for purposes of maintaining any XRI registration, if =you determines that you have violated this Agreement, or upon thirty (30) days prior written notice if =you terminates or significantly alters a product or service offering. Registrant hereby acknowledges that he or she has read and understands and agrees 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. XRI Global Privacy Policy; Global Dispute Resolution Policy & Procedures; and Global Services Specification.
17. ACCOUNT ACCESS
Registrant may be required to establish an account and obtain a login name, account number and password in order to access or use the =you service(s) or to modify such account. You authorise =you to process any and all account transactions initiated through the use of your login name, account number and password. You are solely responsible for maintaining the confidentiality of its login name, account number or password. You must immediately notify =you of any unauthorised use of its login name, account number or password and Registrant is responsible for any unauthorised activities, charges and/or liabilities made on or through its login name account number or password. In no event will =you be liable for the unauthorised use or misuse of your login name, account number or password or security authentication option.
18. AGENTS
Registrant agrees that, if any of its agents, (e.g., its primary contact or administrative contact, Internet Service Provider, employees) purchases the service(s) on Registrant's behalf, Registrant is nonetheless bound as a principal by all terms and conditions herein, including the XRI dispute policy. Registrant's continued use of the service(s) ratifies any unauthorised actions of its agent. By using Registrant's login name, account number or password, or otherwise purporting to act on its behalf, the Registrant's agent certifies that he or she is authorised to apply for the service(s) on Registrant's behalf, that he or she is authorised to bind Registrant to the terms and conditions of this Agreement, that he or she has apprised Registrant of the terms and conditions of this Agreement, and that he or she is otherwise authorised to act on Registrant's behalf. In addition, Registrant is responsible for any errors made by its agent.
19. RIGHT OF REFUSAL
I-Broker reserves the right to refuse to register Registrant's chosen XRI, provide other services, or to delete Registrant's chosen XRI within the first thirty (30) calendar days from receipt of Registrant's payment for such Services. In the event =you does not register your chosen XRI(s), does not register you for other service(s), does not provide you with other service(s), or deletes your chosen XRI(s) or other service(s) within such thirty (30) calendar day period, =you agrees to refund any applicable fee(s) Registrant may have paid. Registrant agrees that =you shall not be liable to Registrant for loss or damages that may result from =you's refusal to register Registrant's chosen XRI(s), the deletion of Registrant's chosen XRI(s) or refusal to register Registrant for other service(s).
20. RESERVATION OF RIGHTS
I-Broker expressly reserve the right to deny, cancel or transfer any XRI registration that it deems necessary, in its discretion, to protect the integrity and stability of the service(s), to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of i-Broker as well as their affiliates, subsidiaries, officers, directors and employees. I-Broker also reserve the right to freeze an XRI during resolution of a dispute.
21. NOTICES
Except as expressly provided otherwise herein, all notices to =you shall be in writing and delivered via overnight courier or certified mail, return receipt requested to =you, c/o ctm, 5 Stow Court, Stow Road, Stow-cum-Quy, Cambridgeshire CB25 9AS, United Kingdom. All notices to you shall be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to this Agreement) or to any e-mail address associated with your XRI registration(s) with =you.
22. ANNOUNCEMENTS
You authorise us to contact you as our customer via telephone, at the number provided by you in your account information (as updated by you pursuant to this Agreement), e-mail or postal mail regarding information that we deem is of potential interest to you. Announcements may include commercial e-mails, telephone solicitations and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters.
23. SEVERABILITY
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement. This Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law and the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
24. ENTIRE AGREEMENT
You agree that this Agreement, the rules and policies incorporated by reference in this Agreement (including, without limitation, the dispute policy and the privacy statement) are the entire, complete and exclusive agreement between you and us regarding our services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement, including, without limitation, any purchase order provided by you for the services.
25. ASSIGNMENT AND RESALE
Except as otherwise set forth herein, you may not assign or transfer your rights under this Registration Agreement. Any attempt by Registrant's creditors to obtain an interest in Registrant's rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at i-Broker's option. Registrant agrees not to resell the Registered XRI without the i-Broker's prior express written consent.
26. DISPUTES AND GOVERNING LAW
- XRI Registration
- You agree that all disputes related to ownership of your XRI(s) shall be governed and controlled exclusively by the GDRP.
- Dispute Notice:
- Default. The GSS default requirement is that Registrant provide the following: name; physical address; email address ('Contact Data' or 'CD');
- Reduced Contact Data. Registrant may opt-out of providing the default Contact Data and instead provide the following: name and email address ('Reduced Contact Data' or 'RCD');
- Contact Data Maintenance. Registrant shall be solely responsible for updating Contact Data.
- Other Services
You and =you agree that with regard to disputes related to other =you service(s), excluding XRI registration, this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of England, excluding its conflict of laws rules. You and =you each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of England. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
27. AGREEMENT TO BE BOUND
By applying for the service(s) through =you's online application process or otherwise, or by using the service(s), you acknowledge that you have read and agree to be bound by this Agreement and any documents incorporated by reference.
28. INDEPENDENT PARTIES
Neither party nor their employees, consultants, contractors or agents are agents, employees or joint ventures of the other party, and they do not have any authority to bind the other party by contract or otherwise to any obligation. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
29. WAIVER
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorised representative of =you. The remedies of =you under this Agreement shall be cumulative and not alternative, and the election of one remedy for a violation shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any violation shall not be construed as a waiver of any rights arising out of any prior or subsequent violation.
30. SECURITY
I-Broker does not guarantee the security of Registrant's XRI registration records, and Registrant assumes all risks that the security option it selects is compromised as a result of fraudulent, unauthorised or illegal activity.
31. EXPORT RESTRICTIONS
You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your products incorporating or using any =you services in violation of the laws and regulations of any applicable jurisdiction.
32. FORCE MAJEURE
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 (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) 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, =you may immediately terminate this Agreement.
33. HEADINGS
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
34. SURVIVAL
In the event this Agreement terminates as provided herein, Sections 1, 3 through 6, 9 through 13, 14(c), 14(d), and 18 through 34 of this Agreement shall survive such expiration or termination.
Effective Date: 1st July 2007