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FINEXE SERVICES
Domain Name Proxy Agreement

Please read this Domain Name Proxy agreement ("Agreement") carefully. By using the Services and/or Web site of Domains By FINEXE SERVICES. ("FNX"), You agree to all the terms and conditions set forth both herein and in the FNX privacy policy, which is incorporated by reference. You acknowledge that FNX may amend this agreement at any time upon posting the amended terms on its Web site, and that any new, different or additional features that change the services provided by FNX will automatically be subject to this agreement. If you do not agree to be bound by, or if you object to, the terms and conditions of this agreement and any amendments hereto, do not use or access our services. Continued use of FNX’s services and its Web site after any such changes to this agreement have been posted, constitutes your acceptance of those changes.

This Domain Name Proxy Agreement ("Agreement") is by and between Finexe Services. ("FNX"), and you, your heirs, assigns, agents and contractors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your relationship with FNX and Your use of FNX’s services and represents the entire Agreement between You and FNX. By using FNX's Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and You further agree to be bound by the terms of this Agreement for transactions entered into by: (i) You on Your behalf; (ii) anyone acting as Your agent; (iii) anyone who uses the account You have established with FNX, whether or not the transactions were on Your behalf and/or authorized by You. You agree that You will be bound by representations made by third parties You use to purchase services from FNX, and that statements of a general nature on FNX's web site or in FNX promotional materials will not bind FNX. You further agree to abide by the terms and conditions promulgated by the Internet Corporation for Assigned Names and Numbers ("ICANN") (including the Uniform Domain Name Dispute Resolution Policy ("Dispute Resolution Policy") and Your Registrar (i.e., the ICANN-accredited person or entity through which You register a domain name).

1. description of FNX's private registration services

The business of FNX is to maximize Your right to privacy to the greatest extent possible. When you purchase FNX’s private registration service, your domain name registration will be registered in the name of FNX, as Registrant. In exchange for FNX becoming the Registrant of each domain name registration on Your behalf, FNX shall keep Your name, postal address, email address, phone and fax numbers confidential, subject to Section 4 of this Agreement. When FNX becomes the Registrant of Your domain name registration, the following FNX information (and not your personal information) will be made publicly available in the "Whois" directory as determined by ICANN policy:

  1. FNX’s name and postal address as Registrant of the domain name;
  2. FNX’s email address, postal address and phone number for the domain name registration’s technical contact;
  3. FNX’s email address, postal address and phone number for the domain name registration’s administrative contact;
  4. FNX’s email address, postal address and phone number for the domain’s name registration’s billing contact;
  5. The primary and secondary domain name servers You designate for the domain name;
  6. The domain name’s original date of registration and expiration date of the registration;
  7. The identity of Your Registrar.

2. full benefits of domain registration retained by you

Although FNX will be the Registrant of each domain name registration You designate, You will retain the full benefits of domain name registration with respect to each such domain name registration, including:

  1. The right to sell, transfer or assign each domain name registration;
  2. The right to control the use of each domain name registration, including designating the primary and secondary domain name servers to which each domain name points;
  3. The right to cancel each domain name registration;
  4. The right to cancel Your account with FNX so that You become the Registrant;
  5. The right to renew each domain name registration upon its expiration, subject to Your Registrar’s applicable rules and policies;
  6. The right to initially resolve any and all monetary, creditor or other claims that arise in connection with a legal or other dispute involving Your domain name registration, subject to FNX’s Section 4 rights, which shall, in all events, supersede any and all of Your rights as set forth in this Section 2.

3. your notification obligations; representation & warranties

Personal Information

You agree that for each domain name for which FNX becomes the Registrant on Your behalf, You will provide accurate and current information as to:

  1. Your name and postal address;
  2. The email address, postal address, phone and fax numbers for the domain name registration’s technical contact;
  3. The email address, postal address, phone and fax numbers for the domain name registration’s administrative contact;
  4. The email address, postal address, phone and fax numbers for the domain name registration’s billing contact;
  5. The primary and secondary domain name servers to which each domain name points;
  6. The domain name’s original date of registration and expiration date. You agree to: (i) notify FNX within five (5) business days when any of the personal information You provided upon subscribing to FNX’s services, changes; (ii) respond within five (5) business days to any inquiries made by FNX to determine the validity of personal information provided by You; (iii) respond to email messages posted to Your FNX account regarding correspondence FNX has received that is either addressed to or involves Your domain name registration, as more fully set forth in Section 5(b) below. It is Your responsibility to keep Your personal information current and accurate at all times.

Renewals

You agree that you are responsible for notifying FNX, about needing a renewal a month in advance and that FNX may fail to renew as Registrant, and will under no cicumstances be held responsible for such loss.

Representations & Warranties

You warrant that all information provided by You to FNX is truthful, complete, current and accurate. You also warrant that You are using FNX’s private registration services in good faith and that You have no knowledge of Your domain name infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name. You also warrant that the domain name being registered by FNX on Your behalf will not be used in connection with any illegal or morally objectionable activity (as defined below in Section 4), or, in connection with the transmission of Spam.

4. FNX's rights to deny, suspend, terminate service and to disclose your personal information

  1. You understand and agree that FNX has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to either: (i) close Your account (which means You then become the Registrant of the domain name registration); (ii) reveal Your name and personal information that You provided to FNX when required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law, or to comply with a legal process served upon FNX; (iii) resolve any and all third party claims, whether threatened or made, arising out of Your use of a domain name registered by FNX on Your behalf; or (iv) take any other action FNX deems necessary:
    1. In the event you breach any provision of this Agreement or the FNX Anti-Spam Policy;
    2. To protect the integrity and stability of the applicable domain name Registry;
    3. To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
    4. To comply with ICANN’s Dispute Resolution Policy;
    5. To avoid any financial loss or legal liability (civil or criminal) on the part of FNX, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
    6. If the domain name FNX registers on Your behalf violates or infringes a third party's trademark, trade name or other legal rights;
    7. If it comes to FNX’s attention that You are using FNX’s services for purposes of engaging in, participating in, sponsoring or hiding Your involvement in, illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism and child pornography; (v) are tortious, vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information.
  2. You also acknowledge and agree that FNX may, in its sole discretion and without any liability to You whatsoever: (i) cancel the registration of any domain name FNX has registered on Your behalf during the first thirty (30) days after registration has taken place; (ii) cancel the registration of any domain name FNX has registered on Your behalf if that name is being used in association with Spam; (iii) suspend your rights under Section 2 of this Agreement during resolution of a dispute.
  3. You further understand and agree that if FNX is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your domain name registration or Your use of FNX’s services, Your private domain name registration will automatically revert back to You and Your identity will therefore be revealed in the Whois directory as Registrant.
  4. In the event: (i) FNX takes any of the actions set forth in paragraphs (a), (b) or (c) above; (ii) You elect to cancel FNX’s services for any reason, FNX will not refund any fees paid by You whatsoever.

5. communications forwarding

a. Correspondence Forwarding

Inasmuch as FNX’s name, postal address and phone number will be listed in the Whois directory, You agree that FNX will review and forward communications addressed to your domain name that are received via email, certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail. You specifically acknowledge that FNX will not forward to You first class postal mail (other than legal notices), "junk" mail or other unsolicited communications (whether delivered through fax, postal mail or telephone), and You further authorize FNX to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by FNX.

b. Email

The Whois directory requires an email address for every purchased domain name registration. When You purchase a private domain registration, FNX will create a private email address for that domain, "registration@<YOURDOMAINNAME>" to handle the administration of your domain.

c. Notifications Regarding Correspondence and Your Obligation to Respond

When FNX receives certified or traceable courier mail or legal notices addressed to Your domain name, we will post an email message to you. Our email message will identify the sender of the correspondence, the date we received it, and a brief description of its contents. You will have seventy-two (72) hours to decide whether to reject the correspondence or have it forwarded via overnight courier, facsimile (or both). You will be informed of the charge for both shipping options. You must select a shipping option and pay the fee prior to us forwarding the correspondence to You.
In the event You do not respond to our email message, FNX will attempt to contact you via telephone. If you do not respond to our email or voice messages and/or the correspondence that FNX has received regarding Your domain name registration concerns a legal dispute or otherwise requires immediate forwarding and/or immediate disposition, FNX may immediately reveal Your identity and/or cancel our private registration service regarding either the domain name registration in question or with respect to all of Your private domain name registrations, depending on the circumstances. This means the Whois directory will revert to displaying Your name, postal address, email address and phone number. We take this action because FNX will not become involved in any legal or other matters between You and third parties.

d. Forwarding Fees

In consideration for (i) handling and forwarding certified and traceable courier mail and certain first class correspondence, and (ii) responding to and dealing with complaining third parties, You agree to pay FNX at the time such services are provided. FNX may change its forwarding fees at any time. Unless otherwise stated, all fees are posted (and payable by You) in U.S. Dollars. You are responsible for paying all fees and taxes associated with using FNX’s forwarding services. Payment shall be made by You with paypal, and is non-refundable. If for any reason FNX is unable to charge get the full amount of the service provided, or if FNX is charged back for any fee it previously charged to the account You provided, You agree that FNX may, without notice to You, pursue all available remedies in order to obtain payment, including but not limited to, sale of the domain name registration to a third party, and immediate cancellation of Your account and all services FNX provides to You.

e. Additional Administrative Fees

FNX reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. You agree that FNX will bill your paypal account under such sicumstances. Administrative fees, once charged, will be non-refundable. It is Your responsibility to keep Your billing information current and accurate, including the expiration date. Failure to do so could result in termination of FNX’s services.

You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.

6. limitations of liability

Under no circumstances shall FNX be liable for any direct, indirect, incidental, punitive, special, or consequential damages for any reason whatsoever related to this agreement, your domain name registration, FNX’s services, use or inability to use the FNX Web site or the materials and content of the Web site or any other Web sites linked to the FNX Web site or your provision of any personally identifiable information to FNX or any third party. This limitation applies regardless of whether the alleged liability is based on contract, tort, warranty, negligence, strict liability or any other basis, even if FNX has been advised of the possibility of such damages or such damages were reasonably foreseeable. Because certain jurisdictions do not permit the limitation or elimination of liability for consequential or incidental damages, FNX’s liability in such jurisdictions shall be limited to the smallest amount permitted by law.

You further understand and agree that FNX disclaims any loss or liability resulting from: (i) the inadvertent disclosure or theft of Your personal information; (ii) access delays or interruptions to our web site or the web sites of our affiliated-Registrars; (iii) data non-delivery or misdelivery between You and FNX; (iv) the failure for whatever reason to renew a private domain name registration; (v) the unauthorized use of Your FNX account or any of FNX’s services; (vi) errors, omissions or misstatements by FNX; (vii) deletion of, failure to store, failure to process or act upon email messages forwarded to either You or Your private domain name registration; (viii) processing of updated information regarding Your FNX account; (ix) any act or omission caused by You or Your agents (whether authorized by You or not).

7. indemnity

You agree to release, defend, indemnify and hold harmless FNX, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your Registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to this Agreement, the services provided hereunder by FNX, the FNX web site, Your account with FNX, Your use of Your domain name registration, and/or disputes arising in connection with the Dispute Resolution Policy.

8. FNX warranty disclaimer

FNX, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees expressly disclaim all representations and warranties of any kind in connection with this agreement, the service provided hereunder, the FNX Web site or any Web sites linked to the FNX Web site, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. All FNX services, as well as the FNX Web site, are provided "AS IS". Your subscription to and use of FNX’s services and its Web site are entirely at your risk. Some jurisdictions do not allow the disclaimer of implied warranties, in which event the foregoing disclaimer may not apply to you.

9. copyright & trademark

You understand and agree that all content and materials contained in this Agreement, the Privacy Policy and the FNX web site, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States and Europe, as well as any other applicable proprietary rights and laws, and that FNX expressly reserves its rights in and to all such content and materials.

You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the afore-described content and materials without the express written permission of FNX. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

10. miscellaneous provisions

a. Severability; Construction; Entire Agreement

If any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree that this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and FNX regarding the services contemplated herein.

b. Governing Law; Venue; Waiver Of Trial By Jury

This Agreement shall be governed in all respects by the laws and judicial decisions of Sweden. Except as provided immediately below, You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts Stockholms tingsrätt, Sweden.

c. Notices

All notices from FNX to You will be sent to the email address You provided to FNX. Notices by email shall be deemed effective 24 hours after the email is sent by FNX, unless FNX receives notice that the email address is invalid, in which event FNX may give You notice via first class or certified mail, return receipt requested. All notices from You to FNX shall be sent via certified mail, return receipt requested or trackable courier to Finexe Services., Norrbyvägen 16, SE-16869 Bromma, SWEDEN. Notices sent via certified mail or trackable courier shall be deemed effective five (5) days after the date of mailing.

d. Term of Agreement; Survival

The term of this Agreement shall continue in full force and effect as long as FNX is the Registrant for any domain name on Your behalf. Sections 5 (Communications Forwarding), 7 (Limitation of Liability), 8 (Indemnity), 9 (Warranty Disclaimer) and 10 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.


 

Finexe Services.
Norrbyvägen 16, SE-16869 Bromma, SWEDEN

Copyright © 2003-2004 Finexe Services. All Rights Reserved.