I. INTRODUCTION. This user agreement ("Agreement") is a
contract between "us," Jinvani Systech, Inc. (a.k.a.
"we" and "our") and "you," the registrant, (a.k.a.
"your"). This Agreement defines the relationship between
you and us pursuant to your registering a .Web domain
name with Jinvani Systech, Inc. and sets forth the
rights and responsibilities of both parties accordingly.
II. SELECTION OF A DOMAIN NAME. You may only register a
.Web domain name that has not already been registered.
To check whether your domain name is still available,
please click here.
III. FEES.
A. Domain name will not be registered until all fees
have been paid. Fees vary based upon the term of service
you select from the price schedule in effect at the time
you register. All fees are due immediately and are
non-refundable.
B. Should you choose to renew your service with us,
renewal fees will be based on the price schedule in
effect at the time of renewal.
IV. DOMAIN REGISTRATION INFORMATION.
A. Domain name registration requires that the following
information be provided by you at the time of
registration: (1) the domain name to be registered by
you; (2) your name and postal address; (3) the Internet
protocol addresses and corresponding names of the
primary nameserver and secondary nameserver(s) for the
domain.
B. All information must be accurate and complete. Your
domain name registration information must be updated
when it changes. Changes can be made online.
V. PRIVACY.
A. Our Privacy Statement is part of this Agreement. It
is available online. This document regulates our
handling of your information and describes your rights
and obligations.
B. Image Online Design will take reasonable precautions
to protect your personal data.
VI. DATA OWNERSHIP. Image Online Design owns all
database compilations; collective and similar rights,
title & interests worldwide in our domain name database.
However, we do not have any ownership interest in your
specific personal information, aside from our rights to
our domain name database.
VII. MODIFICATIONS OF THIS AGREEMENT.
A. You agree that we may revise the Agreement, including
the dispute policy and privacy statement, and the
services provided under this Agreement at any time. Any
changes that we make are binding and effective
immediately after we post the changes to our web site or
have notified you by e-mail.
B. If you do not agree with any revision to the
Agreement, you may terminate this Agreement by providing
us with notice either by e-mail or United States mail.
If you continue to use our services after any revision
to the Agreement or in service you will be deemed to
have accepted the revisions.
VIII. DOMAIN NAME DISPUTE POLICY.
A. If you registered a domain name through us, you agree
to be bound by our current domain name dispute policy
that is incorporated herein and made a part of this
Agreement by reference. The current version of the
dispute policy may be found at our web site.
B. If we are notified that a complaint has been filed
with a judicial or administrative body regarding your
use of our domain name registration service, you agree
not to make any changes to your domain name record
without our prior approval. We may not allow you to make
changes to such domain name record until we are directed
to do so by the judicial or administrative body, or we
receive notification by you and the other party
contesting your registration that the dispute has been
settled.
C. You agree that if you are subject to a complaint or
other judicial or administrative proceeding regarding
your registration or use of our domain name registration
services, we may deposit control of your domain name
record into the registry of the judicial body.
IX. AGENTS. You agree to be bound as a principal by this
Agreement, including the Dispute Policy and Privacy
Statement, if your agent purchased our service(s) on
your behalf. If you continue to use our services, this
shall serve to ratify any unauthorized actions by your
agent. By acting on your behalf, your agent certifies
that he or she is authorized to apply for our services
on your behalf, that he or she is authorized to bind you
to the terms and conditions of this Agreement and that
he or she has apprised you of the terms and conditions
of this Agreement. In addition, you are responsible for
any errors made by your agent. We will not refund fees
paid by you or your agent on your behalf for any reason.
X. NOTICES AND ANNOUNCEMENTS. You give us permission to
notify you as our customer of information that we deem
of potential interest to you. If you do not want to
receive bulk e-mail solicitation notices or
announcements, please notify us either by e-mail or
United States.
XI. LIMITATION OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with respect to
any Image Online Design service(s) provided under this
Agreement and/or for any breach of this Agreement is
solely limited to the amount you paid for such
service(s). Image Online Design 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 Image Online
Design's 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.
XII. INDEMNITY. You agree to release, indemnify, and
hold Image Online Design, in our capacities as the
registry, and our contractors, agents, employees,
officers, directors, shareholders, affiliates and
assigns harmless from all liabilities, claims, damages,
costs and expenses, including reasonable attorneys' fees
and expenses, of third parties relating to or arising
under this Agreement. When we are threatened with suit
or sued by a third party, we may seek written assurances
from you concerning your promise to indemnify us; your
failure to provide those assurances may be considered by
us to be a material breach of this Agreement.
XIII. BREACH. You agree that your failure to abide by
any provision of this Agreement, any Image Online Design
operating rule or policy, the Dispute Policy, the
Privacy Statement, or your willful submission of
inaccurate or unreliable information as part of the
application process, or your failure to update your
information to keep it current, complete or accurate, or
your failure to respond for over fifteen (15) calendar
days to inquiries from us concerning the accuracy of the
contact details associated with your domain name
registration 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 ten (10)
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 of
your domain name and/or terminate our other service(s)
you are using without notice. We will not refund any
fees paid by you if we terminate your Agreement due to
breach. 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.
XIV. NO GUARANTY. You agree that, by registration of
your chosen domain name, such registration does not
confer immunity from objection to either the
registration or use of your chosen domain name.
XV. DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM 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. WE MAKE NO WARRANTY THAT OUR
SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICE(S).
WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY
TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU OR FROM US SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XVI. REVOCATION. You agree that we may terminate your
contractual right to use our service(s) if the
information that you are obligated to provide to
register your domain name or register for other Image
Online Design service(s), or that you subsequently
modify, contains false or misleading information, or
conceals or omits any information we would likely
consider material to our decision to register your
domain name or to continue to provide your domain name
registration services. Furthermore, you agree that we
may suspend, cancel or transfer your domain name
registration services in order to correct mistakes made
by us in registering your chosen domain name, or to
resolve a dispute under our dispute policy.
XVII. RIGHT OF REFUSAL. We, in our sole discretion,
reserve the right to refuse to register your chosen
domain name or register you for other Image Online
Design's service(s), or to delete your domain name
within the first thirty (30) calendar days from receipt
of your payment for such services. In the event we do
not register your domain name or register you for other
Image Online Design service(s), or we delete your domain
name or other Image Online Design service(s) within
thirty (30) calendar day period, we agree to refund any
applicable fee(s) you have paid. You agree that we shall
not be liable to you for loss or damages that may result
from our refusal to register, the deletion of your
domain name or refusal to register you for other Image
Online Design service(s).
XVIII. ENTIRETY. You agree that this Agreement, the
rules and policies published by us, the Dispute Policy
and the Privacy Statement are the complete and exclusive
agreement between you and us regarding our services.
This Agreement, our rules and policies, the Dispute
Policy and the Privacy Statement supersede all prior
agreements and understandings, whether established by
custom, practice, policy or precedent.
XIX. TRANSFER AND ASSIGNMENT. You may transfer your
domain name registration to a third party of your
choice, subject to the restrictions stated in this
Agreement. Your rights under this Agreement are not
assignable and any attempt by your creditors to obtain
an interest in your rights under this Agreement, whether
by attachment, levy, garnishment or otherwise, renders
this Agreement voidable at our option.
XX. CHOICE OF FORUM, CHOICE OF LAW. You agree that this
Agreement and any disputes hereunder shall be governed
in all respects by and construed in accordance with the
laws of the State of California, United States of
America, excluding its conflict of laws rules. Except
for disputes concerning or arising from your use of a
domain name registered with us, you and we each submit
to exclusive personal jurisdiction and venue of the
United States District Court for the Central District of
California. Only for disputes concerning or arising from
your use of a domain name registered with us, you agree
to submit to personal jurisdiction and venue of the
United States District Court for the Central District of
California and the courts of your domicile. In the event
the United States District Court for the Central
District of California is unable to hear the matter, you
agree to submit to exclusive personal jurisdiction and
venue of the California Superior Court in Los Angeles,
California.
XXI. CALIFORNIA. California Civil Code, Section 1789.3
requires that the following consumer rights information
be provided for California residents:
A. Pricing Information. Current rates for our services
are available on our web site. We reserve the right to
change fees, surcharges, renewal fees or to institute
new fees at anytime.
B. Complaints. The Complaint Assistance Unit of the
Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in
writing at 1020 N. Street, #501, Sacramento, California
95814, or by telephone at 1-916-445-1254.
XXII. ACKNOWLEDGMENT. To complete the registration
process, you must acknowledge that you have read,
understood and agree to be bound by all terms and
conditions of this Agreement, the accompanying
appropriate Dispute Policy, Privacy Statement and any
registration rules or policies that are or may be
published by Image Online Design and the Internet
Corporation for Assigned Names and Numbers (ICANN). This
agreement governs the use, purchase or cancellation of
your service or additional services by you or a party
authorized by you to make such alterations, even if
Image Online Design is not notified of such
authorization.
JINVANI SYSTECH Inc.
2098 B Walsh Ave.
Santa Clara, CA 95050
POLICY CHANGES:
We may change our privacy policy at any time. Please
check our web site periodically to see what changes
might have been made. You may also email our web master
at
info@jinvanisystech.com.