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READ THIS AGREEMENT CAREFULLY BEFORE USING ANY DWX SERVICE.
SPECIFIC TERMS FOR WEB HOSTING AND DOMAIN SERVICE ARE LOCATED AT THE END OF THE AGREEMENT.
AGREEMENT
This is an agreement between DWX, Inc. and you to provide DWX Internet Service ("Service"). By establishing an account, using Service, using DWX-provided software, indicating agreement through the software or website, you agree to be bound by this Agreement, including future revisions and to use Service in compliance with the current DWX Acceptable Use Policy. The most recent versions of all DWX policies may be found at www.DWX.com.
TERM
If your Service has a specific initial term (i.e. 12 months) this agreement will be renewed under for the same term length after the initial term is over. DWX reserves the right to change prices of Service upon 30 days notice. DWX reserves the right to change features of Service at any time. Current Service prices and features may be obtained by visiting our website www.DWX.com or by calling (888) 327-8454.
SERVICE
Depending on the type of Service that you sign up for, Service may include internet access, software, email, web space and other features. From time to time DWX may impose reasonable rules and regulations regarding the use of Services.
Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of DWX. DWX provides Service on a "best effort" standard and does not guarantee upload or download speeds. Some line stabilization may be necessary for Dial-Up service. Line stabilization could include the lowering of provisioned line speed. Should the lowering of line speed occur, DWX will NOT be able to increase the line speed once the connection is stabilized. Dial-Up Services may only work using certain phone service carriers or non-PBX (including rollover/party line) phone systems.
Your Service may limit the amount of data that you can upload and/or download each month ("bandwidth") or may be priced according to the amount of bandwidth you use per month. Please contact DWX for more information. If during any month, you exceed a monthly bandwidth limit associated with your Service, DWX may, going forward, change your Service to one permitting such bandwidth use (as provided for in Service description) and you agree to the standard fees DWX charges for such Service. DWX will provide you with thirty (30) days notice of any such change to your Service.
You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or any other charges, including simultaneous login charges. DWX is not responsible for any long-distance, toll, or other charges you incur. Current prices are listed on the DWX homepage at DWX.com. DWX may change its POP numbers at any time. DWX reserves the right to direct you to use certain numbers to access Service or to restrict use of specific access numbers. Usernames, passwords, email addresses and IP addresses are DWX's property and DWX may alter or replace them at any time.
Using a dial-up account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding allotted email space may, depending on Service and at DWX's discretion, be suspended and be transferred to a compressed temporary file or storage or may be deleted. DWX may delete the temporary file from the server 60 days after notifying you. You agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using a dial-up connection. You agree not to provide any public information services over a dial-up connection.
CANCELLATION
Accounts are set to close at the end of the current billing period. DWX will not issue refunds or credits for previous or future service whether used or unused.
Email cancellation of your Service will not be accepted. Please use one of the following options below.
- Registered or certified mail, return receipt requested, addressed to:
DWX Internet
PO Box 42215
Urbandale, IA 50323
Fax: (515) 223-9423
You
May use the above method(s) or may send a FAX to (515) 223-9423. We require 30 days notice for service cancellation. To process your cancellation request, we require that you provide the following:
- Written request submitted on company letterhead by your billing contact
- Your customer or account number
- Current phone number
- Reason for canceling service.
Cancellation will be effective at the end of the billing period 30 days after the notice of cancellation is received.
DWX may terminate this Agreement, your password, your account, or your use of Services for any reason, including, without limitation, if DWX, in its sole discretion, believes you have violated this Agreement, violated the DWX Acceptable Use Policy or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided for Service.
ACCOUNT REQUIREMENTS
In order to order and receive Service, you must be at least 18 years old and may have to provide a valid credit card or other forms of payment. Service must be available to your location. Some services require separate active telephone service in order for Service to work. You are responsible for charges for Service regardless of the status of these separate services. Changing service providers may result in substantial interruption of Service and may result in fees associated with cancellation and setting up a new account. Your computer may have to meet certain minimum requirements for Service.
PAYMENT
You will be charged a monthly service fee and applicable taxes and other fees. Some services may also include charges for hardware, activation or early cancellation. DWX may offer, from time to time, certain promotions with different terms, activation fees, and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately.
You are responsible for any charges to your account. Questions regarding charges to an account should be directed to DWX's Customer Service Department at (888) 327-8454. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
Charges are billed to your credit card or debit card, as applicable, each month for Service and any additional usage, services, taxes and fees. DWX is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by DWX. Payment by check is due within 30 days after the month in which the charges are incurred. You agree to maintain valid and current credit card information on file with DWX at all times.
For fixed-location services, such as DSL broadband service, moving to another location will require Service to be re-provisioned at the new location. This may result in substantial interruption of Service and will result in fees associated with cancellation and setting up a new account. Early termination charges will apply even if the cancellation is for reasons of a move to another location.
YOUR ACCOUNT, PASSWORD, AND SECURITY
Upon registration, you will receive a username, password, and other account information. You and members of your household or business, if you have purchased a business account, are the only authorized users of your DWX account and must comply with this Agreement. You must keep your password confidential so that no one else may access Services through your account. You must notify DWX immediately upon discovering any unauthorized use of your account.
Unless your service includes a Static IP, you will be allocated a Dynamic IP address. DWX reserves the right to timeout inactive connections. DWX technical support may be limited to DWX-provided services and software. Your email and webspace may be inactivated if you exceed storage limits. You may reduce the size or purchase additional space. Usage and webspace exceeding the allotted amount of bandwidth may be billed for excess traffic. Email, webspace, and bandwidth limits are based upon Service purchased. DWX reserves the right to change limits at any time upon 30 days prior notice.
INSTALLATION
DWX will make its best effort to provide Service. Because of the complex nature of internet service, availability, and the underlying infrastructure, it may not be possible to provide Service to everyone. Installation of equipment required for certain types of Service is the sole responsibility of the owner of the equipment. DWX shall have no responsibility whatsoever for any equipment purchased or installed by anyone other than DWX.
MONITORING SERVICES
DWX has no obligation to monitor Services, but may do so and disclose information regarding use of Services for any reason if DWX, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate Service properly; or protect itself and its customers. Please see our Privacy Policy. DWX may immediately remove your material or information from DWX's servers, in whole or in part, which DWX, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy or other policies or laws.
SOFTWARE LICENSE
Upon signing up for Service, DWX grants to you a limited, nonexclusive, nontransferable and non-assignable license to install and use DWX software.
The Licensed Programs constitute confidential and proprietary information of DWX and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Program, including associated intellectual property rights, are and shall remain with DWX. You shall not, and shall cause your employees and agents not to, disclose or transfer any portion of Services to any third party. You further agree not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, remarket or otherwise dispose of any portion of Services. You hereby acknowledge that, if DWX at any time or from time to time performs any customizations or modifications to Services, all rights and interests to such customizations or modifications shall be the sole property of DWX.
You may not download, use, or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
For Web Hosting, DWX grants to Customer a non-exclusive, personal, non-transferable license to access and use Services solely on and as part of DWX's World Wide Web site and servers.
DISCLAIMER
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DWX DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. DWX MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH DWX OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY DWX OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. DWX AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, DWX'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.
DWX SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES;THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS,AND OTHER INFORMATION,AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH SERVICE OR THE INTERNET.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF DWX, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST DWX IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
MISCELLANEOUS
This Agreement, the Acceptable Use Policy, and DWX's other Agreements and policies posted on DWX's Web site constitute the entire agreement between you and DWX with respect to your use of Service. DWX may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on DWX's Web site: (www.DWX.com) and/or on your start pages and/or by email and/or in our various publications and mailings to you. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of DWX.
You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of DWX, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. DWX 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 DWX as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. DWX may subcontract any work, obligations or other performance required of DWX under this Agreement without your consent.
You shall indemnify and hold DWX harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that DWX may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement, the Acceptable Use Policy, and DWX's other agreements and policies and for any act or omission of you or your clients which are in any way related to the DWX Service.
HOME NETWORKING TECHNICAL SUPPORT POLICY
Due to the wide range of hardware and software configurations and compatibility, it may not be possible for DWX to provide technical support for your current set of products. In certain circumstances, it may be necessary to refer you to the manufacturer of your hardware or software vendor for technical support of their products. DWX will use its best effort to provide support for the home networking configurations listed on our website at: www.DWX.com
ADDITIONAL TERMS FOR WEB HOSTING SERVICE
In addition to the applicable terms above, the following terms apply specifically to DWX's Web Hosting Service where different from agreement above.
1) Order Acceptance, Payment
A Web Hosting order is only accepted by DWX sending written confirmation to you. DWX shall charge your credit card for applicable set-up fees and monthly fees according to the Web Hosting Package ("Package") you select. Such fees and charges shall include, without limitation, the fees for connectivity, design services, and charges by any and all third parties whose materials are included as part of the Package. DWX reserves the right to change the amount of, or basis for determining, any fees or charges and institute new fees and charges upon prior notice to you.
All monthly fees and set-up fees shall be due in advance of the month incurred and all additional charges shall be due at the end of the month in which such charges are incurred. Except as provided below, the set-up fees are nonrefundable and DWX does not issue pro rata refunds for fees paid in advance. Your right to use Services is subject to any limits established by DWX or by the issuer of your credit card. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance, which is more than thirty (30) days overdue. You shall be responsible for any and all taxes related to this Agreement.
2) DWX Service
During the term of this Agreement, DWX shall provide software services according to the Package selected by you. Packages shall be deemed incorporated by reference into this Agreement. You shall retain copies of such Package for future reference. DWX has the right to change prices, or add or delete product features of any existing product or Service. The right to change products or services extends to any software supporting a product or service. DWX has the right to discontinue products or services and the right to remove or reassign IP addresses of a customer's web site. From time to time DWX may impose reasonable rules and regulations regarding the use of Services.
3) Limited 30-Day Money-Back Guarantee
DWX offers a thirty (30) day money back guarantee on each Package. Within the first thirty (30) days, you may cancel your Service by notifying DWX by calling the number or writing to the address listed below. In such case, you will receive a full refund of any amounts paid pursuant to this Agreement, except for set-up fees, which are nonrefundable. After the initial thirty (30) day period, the DWX Services shall be deemed accepted for all purposes, provided no written claim has been received by DWX within such thirty (30) day period.
4) Third Party Providers
In order to access and use Services, you may be required to subscribe to other Services, including, but not limited to, the DWX Internet Access Agreement. In addition, you acknowledge that in order to access certain of Services, you may have to agree to and execute agreements with third party providers who may charge additional fees and charges in addition to DWX.
5) Term and Termination
Service shall be provided on a month-to-month basis. You may cancel Service upon thirty (30) days prior notice. DWX may immediately and without prior notice terminate upon a violation by Customer of DWX's acceptable use policy, non-payment of fees when due or after notice, you fail to correct any breach of this Agreement.
Upon any termination, DWX may permit Customer forty-eight (48) hours to download or otherwise copy any of Customer's information and data residing on DWX's facilities prior to removing such information and data from DWX's facilities. Upon termination by DWX under its sole discretion, DWX may immediately remove all of Customer's data and information from DWX's facilities and Customer shall have no right to copy or download such data or information, and, in such event, all such information and data, including all copyrighted or copyrightable material therein, shall then become the property of DWX. In cases where Customer's account has been cancelled, and Customer is requesting reactivation, DWX, at it's option, may reactivate the same account, only if the account had been cancelled less than sixty (60) days prior. After sixty (60) days, Customer will be required to set up a new account.
To cancel DWX web hosting, domain name services or electronic commerce services, Customer should call the DWX toll-free number at (515) 282-0000 or send a request via mail to DWX, 8527 University Blvd, Des Moines, IA 50325 - Attention: Web Hosting Cancellations. For assurance of delivery, DWX recommends that requests for cancellation be sent via certified mail.
6) Confidentiality
You acknowledge that by reason of your relationship with DWX, you may have access to certain information and materials relating to DWX's business, customers, software technology and marketing which DWX treats as confidential (collectively "Confidential Information"). You shall: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative of DWX; and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
ADDITIONAL TERMS FOR DOMAIN REGISTRATION AND ADMINISTRATION
In addition to the applicable terms above, the following terms apply specifically to DWX's Domain Registration and Administration Service where different from the above.
1) Domain Name Registration, Administration, and Renewal Services
DWX currently provides Domain Name Services through services provided by a registrar accredited through the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net and .org top-level domains. ICANN oversees the .com, .net, .org, .biz, .info, and .us top-level domains ("TLDs"). DWX accepts applications to register and renew domain names with .com, .net, .org, .biz, .info, and .us TLDs in Roman-alphabet languages.
Upon accepting your application to register or renew a domain name with a .com, .net, .org, .biz, .info, or .us TLD, DWX essentially acts as your sponsor for that application. All .com, .net and .org domain name applications will be processed through DWX's registrar. The registration and renewal applications we process are not effective until the domain name registration or renewal information you provide us is delivered to the registry administrator for the .com, .net, .org, .biz, .info, or .us TLDs, as applicable, and the registry administrator puts into effect your domain name registration or renewal.
You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all .com, .net and .org domain name registrations or renewals. This can be found on the WWW at http://www.icann.org/dndr/udrp/policy.htm.
2) No Guarantee of Registration or Renewal
You acknowledge and agree that DWX does not guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since DWX 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 databases. You further acknowledge and agree that DWX 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 DWX is not liable or responsible in any way for any errors, omissions or any other actions by 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. You additionally agree to indemnify, defend and hold harmless DWX 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.
3) The Customer Relationship
By submitting the domain name registration application to DWX, you acknowledge and agree that you are a customer of DWX for purposes of the DWX Services. You further acknowledge that there is no customer relationship between you and DWX's registrar created hereunder. You agree that upon termination of DWX's relationship with its registrar, DWX may, in its sole discretion, with the assistance of its legacy registrar transfer your domain name registration to a new registrar partner at no additional charge to you and that this Agreement will continue in full force and effect.
4) Your Representations
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 application for registration, maintenance, or renewal are complete and accurate; (b) to your knowledge, 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 knowingly use the domain name in violation of any applicable laws or regulations. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights including, but not limited to, whether any foreign language translations of your domain name, infringe or violate someone else's rights.
5) Domain Name Registrant
DWX 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.
6) Fees; Renewals
As consideration for the DWX Services, you agree to pay DWX, upon submission of your domain name application, renewal application, or registrar transfer application to DWX, the then-current fees set forth in the DWX price schedule for such services. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then-current registration term. DWX reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
Your domain name application, renewal application, or registrar transfer request will not be submitted to DWX's registrar until we receive actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by DWX in its sole discretion).
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 registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to DWX as the entity that has paid the registration, renewal, or transfer fee for that registration to the registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal, or transfer fee and our then-current reinstatement fee.
Unless you contact DWX in writing to give alternate instructions, we will automatically renew your domain name registration for one year at the then-current renewal fee, charging the original credit card you used to register your domain name. If you wish to change your billing information, you must do so by contacting DWX at least thirty (30) business days before your domain name registration expires, otherwise your original credit card will be billed. If your original credit card has expired or is otherwise invalid, you must contact DWX to provide us with a valid credit card or some other reasonable assurance of payment (the latter to be determined by DWX at its sole discretion). However, if you do not provide DWX with valid billing information or other assurance of payment before your domain name registration expires, your domain name registration will not be renewed. You may renew your domain name at any time before its expiration by contacting DWX.
7) Revisions and Additions to this Agreement
You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that DWX may modify this Agreement, as well as any additional rules or policies that are or may be published by DWX, as necessary to comply with any ICANN-accepted policy, or with any other agreements that DWX is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of any domain name registered through DWX shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by DWX, each with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be canceled or transferred to a different domain name registrar. You 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 DWX.
8) Use of Information
You hereby acknowledge and agree that, in connection with your use of certain of Services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. Except as set forth below, all other information that we may request from you in connection with domain name registration, administration, and renewal services is voluntary.
The information you are obligated to provide and keep current in connection with your use of DWX's domain name registration, administration, and renewal services is the following: (i) your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder); (ii) the domain name being registered; and (iii) 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.
9) Additional Information Maintained
In addition to the information you provide (the "User Information"), DWX may maintain records relating to any domain name application received by DWX, as well as any domain name registered through, administered, or renewed by DWX. We also maintain records relating to the DWX Services that we provide to you. These records may include, but are not limited to: (i) the original creation date of a domain name registration, renewal, or request for service; (ii) the submission date and time of a registration or renewal application to us and by us to the proper registry; (iii) communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us; (iv) records of your account, including dates and amounts of all payments and refunds; (v) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (vi) the corresponding names of those nameservers; (vii) the name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name; (viii) the expiration date of a domain name registration; and (ix) information regarding all other activity between you and us regarding your use of the DWX Services (collectively, "Other Information"). To process your registration or renewal application, DWX may provide the User Information and the Other Information to its registrar.
10) Obligations Relating to the Information You Provide
In the event that (i) in applying for 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) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
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 sufficient basis for cancellation of your domain name registration. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by DWX concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
11) Disclosure and Use of Information
You acknowledge and agree that DWX may make available information you provide or that we otherwise maintain to such public or private third parties as applicable laws require or permit. DWX may disclose personal information about Visitors or Members, or information regarding your use of Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate Services properly; or to protect DWX and our Members.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any DWX Services (including any updates to such information), whether during or after the term of your registration of a domain name or other services. You further acknowledge that DWX's registrar may use certain of the information provided by DWX regarding your domain name registration or renewal application in a manner consistent with our registrar's terms of usage and user agreement. DWX will only provide its registrar with that information necessary to process your registration. 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 DWX.
DWX 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 that we describe in this Agreement.
12) Communications
Communications with DWX are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of DWX.
13) Ownership of Data
You acknowledge and agree that DWX owns all database, compilation, collective and similar rights, title and interests 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 DWX 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 (other than as set forth in Section N of this Agreement) the following information: (a) the original creation date of a domain name registration, (b) the expiration date of a domain name registration, (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the DWX Services. DWX does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this Section M.
14) Agents and Licenses
You agree that, if you are using the DWX Services for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You accept liability for harm caused by wrongful use of the DWX Services. You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.
15) System Performance Degradation
DWX's delivery of the DWX Services depends upon its computer system and the computer system of its registrar, both of which are responsive to the demands of the domain name registration process. Occasionally, DWX's computer system or its registrar's computer system are subjected to exceptional volumes of incoming domain name registration requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of DWX's or its registrar's system processing and response time. Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming electronic messages, DWX reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high-volume traffic. DWX will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. DWX further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
16) Limitation of Liability
YOU AGREE THAT DWX WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE 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 DWX'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. DWX ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF DWX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DWX'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE DWX SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17) Indemnification
You agree to defend, indemnify and hold harmless DWX for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand related to (i) your use of the DWX Services, including, but not limited to, your application for registration, registration, or renewal of any domain name registered in your name, and (ii) your use of any domain name registered in your name. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
18) Representations and Warranties
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME YOU HAVE APPLIED FOR NOR THE MANNER IN WHICH IT IS INTENDED TO BE OR IS DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR USE OF THE DWX SERVICES IS ACCURATE AND CURRENT. THE DWX SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE DWX SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, DWX 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.
19) Suspension, Cancellation, Transfer or Modification
You acknowledge and agree that DWX may suspend, cancel, transfer or modify your use of the DWX Services at any time, for any reason, in DWX's sole discretion. You also acknowledge and agree that DWX may suspend, cancel, transfer or modify your domain name registration if (a) 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 DWX, (b) 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 (c) you use your 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 or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that DWX shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as DWX receives (x) a properly authenticated notification from a court of competent jurisdiction, or (y) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.
20) Jurisdiction
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration, this Agreement is governed as stated in Section 12. Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where DWX's headquarters are located, currently Des Moines, IA.
21) Notices
You agree that, unless other instructions are posted on DWX's Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for DWX posted on DWX's Web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
22) Location of Service
You agree and acknowledge that any acceptance of your application for the DWX Services and the performance thereof will occur at our offices in Des Moines, IA, the location of our principal place of business.
23) No Waiver
The failure of DWX to require your performance of any provision hereof shall not affect its right to require such performance at any time thereafter; nor shall the waiver by DWX of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
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Urbandale, Iowa 50323