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The Game Monsters Domain Name Policies

(Version 2.0 - Revised October 01, 2006)

  1. Domain Name Services. This document (the "DNS Terms") describes the rights and obligations of The Game Monsters and the Customer in connection with The Game Monsters registration or renewal of domain names for the Customer.

     
  2. Domain Name Registration. Upon Customers request and subject to these DNS Terms, The Game Monsters will register an Internet domain name, or renew the Customers registration of an existing domain name, on behalf of Customer with a registrar selected by The Game Monsters and identified below (the "Registrar").

     
  3. Customer Responsibilities. The Game Monsters registration or renewal of any domain name is subject to (i) The Game Monsters receiving from Customer all information needed from Customer in order to complete such registration, (ii) such domain name not being in violation of any applicable law, rule or regulation or the policies of the applicable Registrar or registry, and (iii) Customers compliance with these DNS Terms. Registration of a domain name is subject to availability of such domain name for registration, and The Game Monsters will not be responsible if a domain name is not available for any reason. The Game Monsters will also not be responsible for any infringement of third-party rights caused by its registration of a domain name for Customer. Customer waives any claims it may have against The Game Monsters for, and hereby releases The Game Monsters of and from, any loss, damage, liability or expense arising out of, or relating to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of services by The Game Monsters for any reason.

  4. Domains Provided With Squad Packages.  Customer agrees that upon registration of a domain name with The Game Monsters in conjunction with any "Squad Package" Services, that the registered domain name shall be administered under The Game Monsters master domain account, and that Customer shall retain use of the registered domain only for the duration that customer maintains their "Squad Package" Services in good standing with The Game Monsters.  In the event Customer discontinues their Squad Package Services in whole, or if Customer becomes delinquent in any billing period for any Services provided by The Game Monsters, the Customer shall lose the use of the domain name registered in conjunction with the "Squad Package". If the customer account is in good standing upon termination of the squad package service, the customer may elect to pay a domain transfer and acquistion fee to have a squad package registered domain transferred to another registrar, or to gain administrative control over the domain, in the amount of $35.00.

     
  5. ICANN and Other Authority. Customer acknowledges that its rights to any domain name registered or renewed by The Game Monsters are not being granted by The Game Monsters but are subject to the rules and regulations of ICANN, the Registrar, the registry and applicable law. Customers inability to use a domain name shall not entitle Customer to a refund by The Game Monsters of any fees paid with respect to the registration of such unusable domain name. The domain name for the Customer Web site shall be the property of Customer.

     
  6. Domain Name Renewals. If Customer requests The Game Monsters to renew for multiple years a prior registration of Customer for a domain name, Customer represents and warranties that all information it provides to The Game Monsters in connection with such request will be true and correct. The Game Monsters sole responsibility in connection with any such request will be to process the renewal using the renewal mechanism provided by the Registrar. The Game Monsters will have no responsibility or liability for any loss, interruption in service, service error or loss of data caused by the Registrar.

     
  7. Registrar Terms and Conditions. Beginning March 01, 2004, unless the applicable Order specifies another Registrar, all registrations and renewals will be subject to the terms and conditions of ENOM available at http://www.enom.com/terms/agreement.asp  By submitting any Order to The Game Monsters for domain name services under these DNS Terms, the Customer agrees to the applicable registrars terms and conditions. If the Order specifies a Registrar other than one listed in this paragraph, the Customer agrees to the terms and conditions of such registrar as the same may be posted on the web site of such Registrar from time to time.

     
  8. Changing Registrars. The Game Monsters does not generally perform domain name services that require the domain name change registrars. However, if The Game Monsters, in its sole discretion accepts an Order from Customer for domain name services that requires that the domain name change registrars, the Customer acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing registrar. Such acknowledgement policies may require the Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact of the domain name, as reflected in the WHOIS database of the losing registrar. The Customer acknowledges and agrees that neither The Game Monsters nor the gaining Registrar will bear any liability or responsibility for any delay, inconvenience or expiration of domain name registration that occurs as a consequence of the Customers failure to respond timely to any losing registrar query or request for confirmation.

     
  9. Changing Registrar Resellers. If the Customer submits an Order to The Game Monsters to renew a domain name that was previously registered through a reseller of the Registrar, the Customer acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing reseller and the Registrar. Such acknowledgement policies may require the Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact of the domain name, as reflected in the WHOIS database of the losing registrar, and may also require the Customer to settle any open accounts it has with the losing reseller. The Customer acknowledges and agrees that The Game Monsters will bear no liability or responsibility for any delay, inconvenience or expiration of domain name registration that occurs as a consequence of the Customers failure to satisfy the acknowledgment policies of the losing reseller or the Registrar.

     
  10. Renewal and Expiration. The Customer agrees that The Game Monsters bears no responsibility or obligation to notify Customer of any impending domain name expiration dates and that the Customer is wholly responsible for such deadlines. Although The Game Monsters may accept Orders for domain name renewals within the forty-five-day (45) day period prior to the impending expiration date of a domain name, The Game Monsters will have no responsibility for any expiration of a domain name that occurs with respect to any Order submitted to The Game Monsters within such period.

     
  11. Contact Information. The Customer agrees to keep its WHOIS information accurate and up-to-date. The Customer must cause the e-mail address for the Administrative Contact to be the same as the Customers e-mail address maintained in The Game Monsters billing records. If the e-mail address for the Administrative Contact is not the same as the Customers e-mail address maintained in The Game Monsters billing records, The Game Monsters may (but will have no duty to) change the e-mail address for the Administrative Contact in the WHOIS records of the registrar.

     
  12. Other Terms and Conditions. The provisions of Sections 9, 10, 11, 14 and 15 of the Terms of Service are incorporated herein by this reference. All fees are fully earned when due and non-refundable when paid.

     
  13. Under Construction Page. Customer agrees that upon registration of a domain name with The Game Monsters, if such domain name is (a) hosted on an The Game Monsters domain name server and (b) does not otherwise resolve to an active Web site, such domain name will be pointed to a page as designated by The Game Monsters in its sole discretion (the "Under Construction Page"). The Under Construction Page may be modified by The Game Monsters at any time in The Game Monsters sole discretion and without notice to Customer. The Under Construction Page may include, without limitation (i) links to additional products and services offered by The Game Monsters, (ii) advertisements for products and services offered by third-parties, and (iii) an Internet search engine (the "Additional Content"). If Customer does not wish to have Customers domain name resolve to the Under Construction Page as described herein, Customer should access the DNS Manager to disable the Under Construction Page.