Disclaimers

B. WebPartnersGroup.com Dedicated Server Customer Restrictions

The following Terms of Use apply only to WebPartnersGroup.com's Dedicated Server customers, and supplement the terms in sections C and D that apply to all WebPartnersGroup.com customers:

Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.

IRC
WebPartnersGroup.com allows Dedicated Server customers the use of IRC inside the WebPartnersGroup.com network as long as the use of IRC on a WebPartnersGroup.com server does not violate any of the other terms of these TOU. As a policy, WebPartnersGroup.com will not provide vanity IRC reverse DNS records. To enforce this policy WebPartnersGroup.com does not turn the reverse address of IPs over to the customer. Authority over this information remains with WebPartnersGroup.com.

Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

C. All WebPartnersGroup.com Customer Terms of Use

The following Terms of Use apply to ALL WebPartnersGroup.com customers:

WebPartnersGroup.com Services
WebPartnersGroup.com's services include, but are not limited to:

any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that WebPartnersGroup.com provides to customers);
any use by customers, or any access provided to customers by WebPartnersGroup.com, of computing, telecommunications, software, information, hardware, and equipment;
any act, or provision of any service, by WebPartnersGroup.com to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
any provision by WebPartnersGroup.com to customers, of any space, Internet connectivity, or electrical power;
any access or use related to the WebPartnersGroup.com's Web site, including the Web site itself;
any other service mentioned in the TOU;
any other service provided by WebPartnersGroup.com to customers, whether used or not;
any other WebPartnersGroup.com services that are used by customers, whether offered or provided by WebPartnersGroup.com to customers.

Ownership of Web Site
The legal owner of customers' Web sites and accounts with WebPartnersGroup.com will be the individual or organization whose name is listed in WebPartnersGroup.com's database as the owner. Customers will fully cooperate with and abide by any and all of WebPartnersGroup.com's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with WebPartnersGroup.com.

Illegal Use
WebPartnersGroup.com servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing WebPartnersGroup.com services, all WebPartnersGroup.com customers certify that they and/or the organization they represent in procuring services from WebPartnersGroup.com are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to WebPartnersGroup.com's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a WebPartnersGroup.com server, and selling or distributing software (on a Web site residing on a WebPartnersGroup.com server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. WebPartnersGroup.com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities
Use of WebPartnersGroup.com's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use WebPartnersGroup.com's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All WebPartnersGroup.com customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a WebPartnersGroup.com customer (per the DMCA) to WebPartnersGroup.com must follow the below procedures. Copyright infringement notifications submitted to WebPartnersGroup.com according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification may be subject to account termination at WebPartnersGroup.com's sole discretion. Please direct questions regarding copyrights to: legal@webpartnersgroup.com.

Adult Content
Pornography and sex-related merchandising are prohibited on WebPartnersGroup.com servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Child Pornography
The use of WebPartnersGroup.com's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. WebPartnersGroup.com is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Privacy
WebPartnersGroup.com is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, WebPartnersGroup.com urges its customers to assume that all of their on-line communications are insecure. WebPartnersGroup.com cannot take any responsibility for the security of information transmitted over WebPartnersGroup.com's facilities. Additional details on privacy and WebPartnersGroup.com's use of customer information can be found in WebPartnersGroup.com's Privacy Statement located here.

Customer Responsibility
Customers are required to use the WebPartnersGroup.com network responsibly. This includes respecting the other customers of WebPartnersGroup.com. WebPartnersGroup.com reserves the right to suspend and/or cancel service with any customer who uses the WebPartnersGroup.com network in such a way that adversely affects other WebPartnersGroup.com customers. While WebPartnersGroup.com may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, WebPartnersGroup.com does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when WebPartnersGroup.com becomes aware of any violation of the TOU or other user agreements, WebPartnersGroup.com may take any action to stop or correct such violation, including, but not limited to, denying access to WebPartnersGroup.com's services and equipment or to the Internet. In addition, WebPartnersGroup.com may take action against a customer or a customer of such customer because of the activities of such customer. WebPartnersGroup.com anticipates that customers who offer Internet services will cooperate with WebPartnersGroup.com in any corrective or preventive action that WebPartnersGroup.com deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of WebPartnersGroup.com policy and WebPartnersGroup.com reserves the right to take any such action even though such action may affect other customers of the WebPartnersGroup.com customer.

Actions Taken by WebPartnersGroup.com
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. WebPartnersGroup.com will be the sole arbiter as to what constitutes a violation of the TOU. WebPartnersGroup.com reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When WebPartnersGroup.com becomes aware of an alleged violation of its TOU, WebPartnersGroup.com will initiate an investigation. During the investigation, WebPartnersGroup.com may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, WebPartnersGroup.com may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, WebPartnersGroup.com will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. WebPartnersGroup.com does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by WebPartnersGroup.com.

Indemnification
WebPartnersGroup.com customers agree to protect, defend, hold harmless, and indemnify WebPartnersGroup.com, any third party entity related to WebPartnersGroup.com (including, without limitation, third party vendors), and WebPartnersGroup.com's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as WebPartnersGroup.com, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of WebPartnersGroup.com's services.

Disclaimer
The WebPartnersGroup.com service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. WebPartnersGroup.com expressly disclaims any representation or warranty that the WebPartnersGroup.com service will be error-free, secure or uninterrupted. No oral advice or written information given by WebPartnersGroup.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. WebPartnersGroup.com and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, WebPartnersGroup.com may immediately terminate provision of WebPartnersGroup.com's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against WebPartnersGroup.com in such event.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL WEBPARTNERSGROUP.COM (INCLUDING, WITHOUT LIMITATION, WEBPARTNERSGROUP.COM'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS WEBPARTNERSGROUP.COM, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING WEBPARTNERSGROUP.COM'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR WEBPARTNERSGROUP.COM SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY WEBPARTNERSGROUP.COM SERVICES EVEN IF WEBPARTNERSGROUP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEBPARTNERSGROUP.COM'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR WEBPARTNERSGROUP.COM'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY WEBPARTNERSGROUP.COM OR WEBPARTNERSGROUP.COM'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications
WebPartnersGroup.com may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with WebPartnersGroup.com's services. Certain changes to WebPartnersGroup.com's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and WebPartnersGroup.com is not liable, for any and all such personalized applications and content, except as expressly agreed to by WebPartnersGroup.com.

Backup of Data
Except where WebPartnersGroup.com has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and WebPartnersGroup.com is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with WebPartnersGroup.com services.

Third Party Licenses
WebPartnersGroup.com makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, WebPartnersGroup.com makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, WebPartnersGroup.com specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold WebPartnersGroup.com liable in any way for the revocation of any license, which has been licensed to WebPartnersGroup.com. The use of the Technologies obtained from or through WebPartnersGroup.com, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-WebPartnersGroup.com Products
Any mention of non-WebPartnersGroup.com products by WebPartnersGroup.com, its employees, or any third party entity related to WebPartnersGroup.com is for information purposes only and does not constitute an endorsement or recommendation by WebPartnersGroup.com. WebPartnersGroup.com disclaims any and all liabilities for any representation or warranty made by the vendors of such non-WebPartnersGroup.com products or services.

WebPartnersGroup.com's Intellectual Property
Customers will not, without WebPartnersGroup.com's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on WebPartnersGroup.com's Web site, and customers will not use any of WebPartnersGroup.com's trademarks, service marks, copyrighted materials, or other intellectual property without WebPartnersGroup.com's express written consent. Customers will not, in any way, misrepresent their relationship with WebPartnersGroup.com, attempt to pass themselves off as WebPartnersGroup.com, or claim that customers are WebPartnersGroup.com.

Assignment
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for WebPartnersGroup.com's services, either in whole or in part, without the prior written consent of WebPartnersGroup.com.

Minimum Age Requirement
WebPartnersGroup.com customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a WebPartnersGroup.com customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for WebPartnersGroup.com services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains WebPartnersGroup.com's express written consent to the contrary. Any acceptance of the TOU or any other agreement for WebPartnersGroup.com's services will be deemed null and void to the extent that WebPartnersGroup.com will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of WebPartnersGroup.com's services.

Governing Law and Severability
The TOU, and any other agreement for WebPartnersGroup.com services, will be governed by and construed in accordance with the laws of the State of Virginia, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and WebPartnersGroup.com will take place in Virginia, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other WebPartnersGroup.com agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure
WebPartnersGroup.com will not be liable for delays in its performance of the TOU or WebPartnersGroup.com services caused by circumstances beyond WebPartnersGroup.com's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). WebPartnersGroup.com will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Any waiver, modification, or amendment of any provision of the TOU or other agreement for WebPartnersGroup.com services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of WebPartnersGroup.com.

Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between WebPartnersGroup.com and its customers. Each of WebPartnersGroup.com and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for WebPartnersGroup.com services, constitutes the complete understanding and agreement between WebPartnersGroup.com and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of WebPartnersGroup.com, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for WebPartnersGroup.com services is between WebPartnersGroup.com and its customers only and will not confer any rights in any third party except as otherwise expressly provided by WebPartnersGroup.com.

D. All WebPartnersGroup.com Customer Billing Policy

The following Terms of Use constitute WebPartnersGroup.com's Billing Policy and apply to ALL WebPartnersGroup.com customers:

Payments
All charges are shown in US Dollars. Payments are to be made in US dollars.

All payments are due within 10 days of the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated.

Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

Billing Cycles (Terms)
WebPartnersGroup.com offers three Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Non-credit card payment methods are limited to Annual or Quarterly Billing Cycles.

You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.

All additional features added to an account are charged monthly. Additional items are non-refundable.

Account Renewals
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Statements
WebPartnersGroup.com does not mail paper invoices or statements. Customers may elect to receive their monthly account billing statement via email.

Fees
Returned (NSF) Checks
WebPartnersGroup.com charges a $50.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.

Late Fees
Accounts must be paid in full prior to the renewal date. Past due accounts are subject to a late fee of $35 and / or suspension.

Reactivation
Customers that wish to reactivate a closed account will be assessed a $50.00 reactivation fee. A $150.00 fee will be assessed if WebPartnersGroup.com restores your data files to your reactivated account.

Hosting Plan Changes
Customers electing to change to a lower priced hosting plan on the same platform will be charged a $50.00 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.

Platform Change
Customers that elect to change plans to a different operating system platform will be charged a $100.00 platform change fee.

Cancellations
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, email webmaster@webpartnersgroup.com.

WebPartnersGroup.com's customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by WebPartnersGroup.com a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by WebPartnersGroup.com. WebPartnersGroup.com is unable to cancel your account effective for a future date. WebPartnersGroup.com will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact WebPartnersGroup.com as soon as possible.

WebPartnersGroup.com does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to WebPartnersGroup.com's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. WebPartnersGroup.com Corporation reserves the right to cancel any account, at any time, without notice, for any reason WebPartnersGroup.com Corporation considers appropriate.

30-Day Money Back Guarantee
WebPartnersGroup.com offers a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees.

Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.

Billing/Price Changes
WebPartnersGroup.com's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

Registration Agreement and Uniform Domain Name Dispute Resolution Policy

1. Agreement
In this Service Agreement ("Agreement") "you" and "your" refer to each customer and "we", us" and "our" refer to Webpartnersgroup.com. This Agreement explains our obligations to you, and explains your obligations to us for our various services. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional service(s) or to cancel your Webpartnersgroup.com service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the service(s) provided by Webpartnersgroup.com under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.

2. Selection of a Domain Name
We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us.

3. Fees, Payment and Term
As consideration for the services you have selected, you agree to pay Webpartnersgroup.com the applicable service(s) fees. Registration will not be processed until payment for services is verified or received. All fees payable for domain name thereunder are nonrefundable unless we provide otherwise. This section does not apply to fees payable for Webpartnersgroup.com's Web Hosting and Web Hosting services. As further consideration for the domain name service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant Webpartnersgroup.com the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration Agreement ("Registration Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose.

4. Modifications to Agreement
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on Webpartnersgroup.com's Web site, or on notification to you by e-mail or by telephone or by mail. You agree to review Webpartnersgroup.com's Web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or by fax. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Webpartnersgroup.com services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Dispute Policy at any time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

5. Modifications to Your Account
In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

6. Domain Name Dispute Policy
If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by our current Domain Name Dispute Policy ("Dispute Policy") which is incorporated herein and made a part of this Agreement by reference.

7. Domain Name Disputes
You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of your domicile, the courts of the geographic location indicated by your WHOIS information for your domain name, and the courts of the Virginia Beach, Virginia.

8. Agents
You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased Webpartnersgroup.com service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.

9. Announcements
We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

10. Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with respect to any Webpartnersgroup.com services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). Webpartnersgroup.com and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Webpartnersgroup.com services or for the cost of procurement of substitute services. 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 extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or e-mail service. The registrant agrees that Webpartnersgroup.com will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, 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 Webpartnersgroup.com has been advised of the possibility of such damages. In no event shall Webpartnersgroup.com's maximum liability exceed five hundred ($500.00) dollars.

11. Indemnity
You agree to release, indemnify, and hold Webpartnersgroup.com, its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Webpartnersgroup.com services provided thereunder or your use of the Webpartnersgroup.com services, including without limitation infringement by you, or someone else using the Webpartnersgroup.com E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any Webpartnersgroup.com operating rule or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When Webpartnersgroup.com is threatened with suit by a third party, Webpartnersgroup.com may seek written assurances from you concerning your promise to indemnify Webpartnersgroup.com; your failure to provide those assurances may be considered by Webpartnersgroup.com to be a breach of your Agreement and may result in deactivation of your domain name.

12. Breach
You agree that failure to abide by any provision of this Agreement, any Webpartnersgroup.com operating rule or policy or the Dispute Policy, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

13. No Guarantee
You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.

14. Disclaimer of Warranties
You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Webpartnersgroup.com service(s) is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Webpartnersgroup.com service(s) is solely at your own risk. You agree that such service(s) is provided on an "as is," "as available" basis. Webpartnersgroup.com expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Webpartnersgroup.com makes no warranty that the Webpartnersgroup.com service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free; nor does Webpartnersgroup.com 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 the Webpartnersgroup.com e-mail service or that defects in the Webpartnersgroup.com service(s) software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Webpartnersgroup.com service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Webpartnersgroup.com makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through service. No advice or information, whether oral or written, obtained by you from Webpartnersgroup.com or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. Revocation
You agree that we may delete your domain name or terminate your right to use other Webpartnersgroup.com service(s) if the information that you provided to register or reserve your domain name or register for other Webpartnersgroup.com service(s), or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your domain name at any time.

16. Right of Refusal
We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Webpartnersgroup.com service(s), or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Webpartnersgroup.com service(s), or we delete your domain name or other Webpartnersgroup.com service(s) within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other Webpartnersgroup.com service(s).

17. Severability
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

18. Non-Agency
Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

19. Non-Waiver
The failure of Webpartnersgroup.com to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Webpartnersgroup.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

20. Notices
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail to webmaster@webpartnersgroup.com. or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender.

21. Entirety
You agree that this Agreement, the rules and policies published by Webpartnersgroup.com and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Webpartnersgroup.com services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

22. Governing Law
You agree that this Agreement shall be governed in all respects by and interpreted in accordance with the laws of the State of Virginia and the federal laws of the Unites States of America applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the City of Virginia Beach, Virginia and you irrevocably consent to the jurisdiction of such courts.

23. Infancy
You attest that you are of legal age to enter into this Agreement.

24. Acceptance of agreement
You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the affiliate network and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

Uniform Domain Name Dispute Resolution Policy
As Approved by ICANN on October 24, 1999

1. Purpose
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (Webpartnersgroup.com) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), and the selected administrative-dispute-resolution service provider's supplemental rules.

2. 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 your Registration Agreement 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. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

3. Cancellations, Transfers, and Changes
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances: a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action; b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements

4. Mandatory Administrative Proceeding
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a "Provider"). a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and (ii) you have no rights or legitimate interests in respect of the domain name; and (iii) your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present. b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: (i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or (ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your Web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your Web site or location or of a product or service on your Web site or location. c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii): (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or (ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or (iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue. d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f). e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel"). f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN. g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant. h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel. i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant. j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision. k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. Our Involvement in Disputes
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. Maintaining the Status Quo
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. Transfers During a Dispute
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. Policy Modifications
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

Search Submission
WebPartnersGroup.com has no control over search ranking. Ranking and placement is solely at the discretion of the Search Engines.