Important: if you are already a client
use the Domain
Control Panel to register or transfer domain names,
and the H-Sphere
Control Panel to add new web sites to your account.
Use this form only to create a new client account.
Start with step one of three on this page to provide
your account and domain name information. Step two will
be the initial payment, and step three account creation.
This is a legal and binding agreement between you, the Customer, and South Florida Web Hosting.
By using, installing or accessing the South Florida Web Hosting website, the Services and
certain Products that are offered, as our Customer you agree to all of the terms
and conditions of this agreement. If you do not agree to these terms, the Acceptable
Use Policy or any other Terms and Conditions posted on the South Florida Web Hosting web site,
all services will be discontinued, activation of the account will cease and your
account terminated.
END USER LICENSE AGREEMENT
LICENSE GRANT. Subject to the provisions contained herein and payment of applicable
fees, Smallrock Internet Services, Inc. hereby grants to you a non-exclusive, nontransferable, license
to use its accompanying proprietary software application products offered on the
Smallrock Internet Services, Inc. web site ("Software",) for your own use. Such Software is protected
by the Smallrock Internet Services, Inc. laws of the United States and international South Florida Web Hosting
treaties.
RESTRICTED USE. All rights not expressly granted herein are retained by South Florida Web Hosting
and its licensors. Except as stated above, this Agreement does not grant the Customer
any intellectual property rights in the Software. Customer shall not rent, lease,
transfer or sublicense the Software. Customer shall not under any circumstances nor
shall Customer permit a third party to
(i) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or
discover the source code of the Software or
(ii) prepare derivative of the Software or (iii) remove any product identification,
Smallrock Internet Services, Inc., trademark or other notice from the Software. Any such copy made
by you shall be subject to this Agreement and shall contain all of South Florida Web Hosting's
notices regarding South Florida Web Hosting's, trademarks and other proprietary rights as
contained in the Software originally provided to you.
TITLE. The Software's organization, structure, sequence, logic, and source code are
valuable to the Company. Any and all title, ownership rights, and intellectual
property rights in and to the Software and Documentation shall remain at any and all
times in South Florida Web Hosting and/or its suppliers. Title, ownership rights, and
intellectual property rights in and to the content accessed through the Software is
the property of the applicable content owner and may be protected by applicable
South Florida Web Hosting or other law. This License does not give Customer any rights to
such content.
LIMITED WARRANTY. South Florida Web Hosting warrants to the Customer, for a period of
ninety (90) days from the date of this agreement, installation of Software, or
use of services, whichever is earlier, that it will replace any defective media
on which the Software is provided and that the Software, if not modified and if
properly installed and used, will substantially conform to the material
specifications set forth in the documentation, Such warranties are for the
Customer's benefit only and are not transferable. South Florida Web Hosting does not
warrant that the Software will operate error free or uninterrupted or will meet
your requirements. Except for the express warranties stated in this section, the
Software are licensed "as is" and South Florida Web Hosting specifically excludes and
disclaims all warranties of merchantability, fitness for a particular purpose,
statutory noninfringement of third party intellectual property rights and any
warranty that may arise by reason of trade usage, custom or course of dealing
and Customer hereby expressly waives any and all such warranties.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL South Florida Web Hosting OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR ANY OTIER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF
South Florida Web Hosting'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION,
EYEN IF South Florida Web Hosting SHALL HAVE BEEN INFORMED OF TFE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTFER PARTY. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.
EXPORT CONTROLS. You may not download, use or otherwise export the Software or any
underlying information or technology except in full compliance with all United
States and other applicable laws and regulations. In particular, but without
limitation, none of the Software or underlying information or technology may be
downloaded, used or otherwise exported or reexported (i) into (or to a national
or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or
any other country to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using the Software,
you are agreeing to the foregoing and you are representing and warranting that you
are not located in, under the control of, or a national or resident of any such
country or on any such list.
TERMINATION. This Agreement is effective until terminated. South Florida Web Hosting
may terminate this Agreement immediately if Customer attempts to reverse engineer
the Software or otherwise violate any of the restrictive uses as described herein.
Otherwise, this Agreement may be terminated by either party for a breach of any of
its material terms, provided the non-breaching party provides to the breaching party
30 days written notice describing such breach and offering the breaching party an
opportunity to cure. Failure to cure a material breach within the notice period
shall result in automatic termination of this Agreement. Should this Agreement be
terminated for your material breach, Customer agrees to remove all copies of the
Software or any part of the Software from any and all computer storage devices,
and destroy the Software and all Documentation. At South Florida Web Hosting's request,
Customer or any of Customer's authorized signatory on the account, shall certify
in writing to South Florida Web Hosting that all complete and partial copies of the
Software and the Documentation have been destroyed and that none remain in
Customer's possession or under its control. The provisions of this Agreement except
for the Section 1, "License Grant," shall survive.
MISCELLANEOUS. This Agreement represents the complete and exclusive statement
of the agreements concerning this license between the parties and supersedes
all prior agreements and representations between them. It may be amended only
by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER
PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO TIE TFRMS SET
FORTH HEREIN, AND South Florida Web Hosting AGREES TO FURNISH TFE SOFTWARE AND
DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE
ORDER. If any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to make.
It enforceable, and such decision shall not affect the enforceability
(i) of such provision under other circumstances or
(ii) of the remaining provisions hereof under all circumstances. Headings shall
not be considered in interpreting this Agreement. This Agreement shall be
governed by and construed under the law of South Florida Web Hosting as such law applies
to agreements between South Florida Web Hosting residents entered into and to be performed
entirely within South Florida Web Hosting , except as governed by Federal Law. This
Agreement will not be governed by the United Nations Convention of Contracts for
the International Sale of Goods, the application of which is hereby expressly
excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the
Government is subject to restrictions set forth in subparagraphs (a) through
(d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when
applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013, and in similar clauses in the
NASA FAR Supplement. Contractor / manufacturer is South Florida Web Hosting,
3001 Ponce de Leon Blvd Suite 201, Coral Gables, FL 33134
South Florida Web Hosting (hereinafter referred to as 'Parent') AND you (hereinafter referred to as 'Customer')
HAVE
entered into a Customer Master Agreement ('Agreement') effective from <#=agreementdate#> of which this
'Domain Registration Product Agreement Extension' is a part.
WHEREAS, Parent is authorized to provide Internet registration and management services for second-level domain names within .COM, .NET, .ORG, .BIZ, .INFO, .NAME and .US top level domains and .NAME Defensive Registrations and .NAME Mail Forwards;
WHEREAS, the Customer wishes to purchase Registration and/or Management and/or Renewal and/or Transfer for .com or .net or .org or .info or .biz or .name or .us top level domains or .NAME Defensive Registrations or .NAME Mail Forwards through Parent;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
(2) 'gTLD' refers to .com, .net, .org, .info, .name and .biz
(3) 'Domain Order' refers to an Order fulfilled by the Customer through the Parent under this Domain Registration
Product Agreement Extension
(4) 'Registrant' refers to the registrant/owner of a Domain Order as in the OrderBox Database.
(5) 'Registrar' refers to the Registrar of a Domain Order as in the OrderBox Database and/or shown in the Whois Record;
(6) Registry Operator refers to the Organisation/Entity that maintains the registry of a TLD of a Domain Order;
(7) 'Whois Record' refers to the collection of all data elements of the Domain Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry;
2. OBLIGATIONS OF THE CUSTOMER
(1) The Customer must ensure that the Registrant of each Domain Order must agree to be bound by the terms and conditions laid out by the Registrar of the Domain Name during the term of the Domain Order. The Customer must familiarize himself with such terms. The Customer acknowledges that the Registrar has various rights and powers as mentioned in the Registrar's terms and conditions. Parent is not liable for any action taken by Registrar pursuant to the Registrar's terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Registrants' noncompliance with such terms and conditions.
(2) The Customer will not make any changes to any information associated with the Domain Order without explicit authorization from the Registrant of that Domain Order.
(3) The Customer must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN, the Registrar and the Registry Operator.
3. RIGHTS OF PARENT
Parent and Service Providers, in their sole discretion, expressly reserve the right to freeze, delete, suspend,
deny, cancel, modify, take ownership of or transfer any Domain Order,
in order to comply with any applicable Dispute policies, requests of law enforcement,
or in compliance with any Court Orders, or if Parent or Service Providers
in their sole discretion determine that the information associated with the Domain Order is inaccurate,
or has been tampered with, or has been modified without authorization,
or if Parent or Service Providers in their sole discretion determine that the Domain Order ownership should
belong to another entity, or if Customer/Customer/Registrant does not comply with any applicable terms and conditions,
standards, policies, procedures, and practices laid down by Parent, Service Providers, ICANN,
the Registrar and the Registry Operator. The Customer agrees that Parent and Service Providers, and the contractors,
employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers,
are not liable for loss or damages that may result from any of the above.
4. SURVIVAL
In the event of termination of this Product Agreement Extension for any reason, Sections 2 and 3 shall survive.