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Disclaimer

Seguin Host referred to as "Seguin Host" or "SeguinHost.com" at its sole discretion, may change the terms, conditions and operation of this website (the "Site") at anytime. By using this service the user agrees to the terms of this disclaimer and further waives any rights or claims it may have against Seguin Host.
The content available through the Site is the sole property of Seguin Host or its advertisers, suppliers or licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Seguin Host-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by Seguin Host advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without Seguin Host's express prior written consent.
WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE SEGUIN HOST WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
WITHOUT LIMITING THE FOREGOING, SEGUIN HOST SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE SEGUIN HOST WEBSITE AND THAT SEGUIN HOST MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS SEGUIN HOST MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL SEGUIN HOST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST SEGUIN HOST WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SEGUIN HOST REGISTRATION AGREEMENT

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of domain name registration and related services ("Services"). In this Agreement "you" and "your" refer to you and the registrant listed in the WHOIS contact information for the domain name. "We", "us" and "our" refer to the registrars listed at the bottom of this document, any one of which will be the registrar for your domain name and all of which share common ownership, common terms and conditions, and a shared Services infrastructure. To determine which registrar your domain name is registered with, perform a WHOIS lookup. You obtain the Services first through a Primary Service Provider, Seguin Host with whom we have a wholesale relationship. Your relationship with your Primary Service Provider may be governed by additional terms, as you and your Primary Service Provider may agree. "We," "us" and "our" does not include your Primary Service Provider, except when specifically mentioned or unless your Primary Service Provider is one of us (i.e. if your Primary Service Provider is also one of the registrars listed at the bottom of this document).
YOU AGREE TO THIS AGREEMENT: By using the Service(s), you agree to all terms and conditions of this Agreement, the UDRP (define below) and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by ICANN, the registries, and governments.
PASSAGE OF TIME: This Agreement will change over time. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your domain name registration services to another registrar or request of us that we cancel your domain name registration services. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes. Any such revision or change will be binding and effective within 30 days of when the revised Agreement or change to the Service(s) is posted to the website of either the Primary or Backend Service Providers, or 15 days after you view the revised Agreement or 15 days after notification is sent to the e-mail address provided in association with your domain name registration. You agree to review this Agreement periodically to make yourself aware of any such revisions.
YOUR ACCOUNT: You must create an account to use the Services. Your account is typically going to be managed and/or provided by your Primary Service Provider. You are responsible for maintaining and updating all login IDs, passwords, and for all access to and use of your account by you or any third party.

SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S): We and your Primary Service Provider may reject your domain name registration application or elect to discontinue providing Service(s) to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, we and your Primary Service Provider may terminate or suspend the Service(s) at any time for cause, which, without limitation, includes registration of prohibited domain name(s), abuse of the Services, payment irregularities, serious allegations of illegal conduct, or if your use of the Services involves us in a violation of any Internet Service Provider's ("ISP's") acceptable use policies, including the transmission of unsolicited bulk email. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option. If we have grounds to terminate or suspend Service(s) with respect to one domain name or in relation to other Service(s) provided through your account, we may terminate or suspend all Service(s) provided through your account, including Service(s) to other domain names. No fee refund will be made when there is a suspension or termination of Service(s) for cause. At any time and for any reason, we may terminate the Services 30 days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name or risk that we may delete your domain name or suspend or modify Services to it. If we terminate Services for a reason other than cause, we will attempt to refund your fees. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar or registry administrator procedures approved by an ICANN-adopted policy, to correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the resolution of disputes concerning the domain name.

YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY CLAIM(S). You further agree to indemnify, defend and hold harmless us, your Primary Service Provider, and applicable registry administrator(s) (including Verisign  Neulevel Public Interest Registry, Afilias Limited, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties' directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, the domain name registration services you are obtaining from us.

NOT INCLUDED IN THE SERVICES: Without limitation, the following are not included in the Services: We cannot and do not check to see whether the domain name(s) you select, or the use you make of the domain name(s), or other of the Service(s), infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use infringes legal rights of others. We might be ordered by a court to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. We will comply with court orders unless you contact us to contest the order.

IF LAWSUIT(S) ARE THREATENED: If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney's fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.

FEES: As consideration for the Service(s), renewal of the Service(s), and, if you select it, automatic renewal of the Service(s), you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.

CREDIT CARD AND OTHER CHARGES: If you have an issue with credit card charges, you should contact your Primary Service Provider (if any), first, and us, secondarily, regarding the issue before you contact your credit card company to request a charge back or reversal of the charges. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s), you agree that we and/or your Primary Service Provider may suspend access to any and all accounts you have with us and/or your Primary Service Provider and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our systems and/or on the systems of your Primary Service Provider shall be assumed by us or your Primary Service Provider, as the case may be. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our then-current reinstatement fee, currently set at $200(US Dollars). Reinstatement of Service(s) by your Primary Service Provider may be according to the terms, if any, between you and your Primary Service Provider relating to reinstatement. Charges for the Service(s) which use our credit card payment processor will be identified on your credit card statement as "Domain Name Registration." We are not responsible for how charges appear on your credit card statement when the transaction is processed by your Primary Service Provider's or another third party's credit card payment processor.
EXPIRATION AND RENEWAL OF SERVICE(S): You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we and/or your Primary Service Provider may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully. *please note: for certain TLDs, the automatic renewal option is not available
ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION: As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s). You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed. Not providing requested information may prevent you from obtaining all Service(s). You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase "Name Only" Services, you agree that we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from "Name Only" Services.

YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION: In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, you represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained the third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. By registering a domain name or applying for other Service(s) you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. You further agree that your failure to respond for over ten (10) calendar days to inquiries by us concerning the accuracy of account and WHOIS contact information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Service(s) to you. As indicated elsewhere in this Agreement, you understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), you may loose your rights to the domain name(s) or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction therewith.

ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY: In order to change any of your account or domain name WHOIS information, you must access your account with your Primary Service Provider (if any), or your account with us. Please safeguard your account login identifier and password from any unauthorized use. You agree that any person in possession of you account login identifier and password will have the ability and your authorization to modify your account and domain name information. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. You agree that, if we take reasonable precautions in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact us alleging that a third party has unauthorized access to your account or domain names, you agree that we may charge you administrative fees of $50 (US dollars) per hour for our time spent in relation to the matter, regardless of whether or not we return control over the account and/or domain names to you.

TRANSFERS: You agree that transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers as this policy may be modified from time to time. You agree that we may place a "Registrar Lock" on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed. To transfer your domain name(s) you should first login to your account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is required to transfer domain services in an EPP registry (such as .org). Alternatively, you should contact your Primary Service Provider to have your domain name(s) services locked or unlocked or to obtain the EPP "AuthCode." If your Primary Service Provider is unresponsive, you may contact us to have your domain name(s) locked or unlocked or to obtain the EPP "AuthCode" though we may first contact your Primary Service Provider to request that the Primary Service Provider address the request. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and loosing registrars as outlined in ICANN's transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.

PRIVACY POLICY: You agree and consent that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm
You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws. One of the ways that we may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us.

OWNERSHIP OF INFORMATION AND DATA: You agree and acknowledge that we own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.

Website Hosting Agreement

By using the website hosting services (hereinafter the "Services," defined further below), you signify your agreement to the terms and conditions contained in this Website Hosting Agreement (hereinafter, the "Agreement"). This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as "you" or "your" (and appropriate formatives), the website hosting service provider offering these services to you, if any, (the "Primary Service Provider") and the backend service provider Seguin Host,  (the "Backend Service Provider").

1. These terms and conditions may be modified from time to time. Modifications made to this Agreement will become effective 30 days after the modifications are posted. This Agreement shall be posted through the interface which you use to configure and/or otherwise order the Services (the "Services Interface"). You agree that you will check the terms and conditions periodically and that, if you no longer agree to the terms and conditions of this Agreement, that you will stop using the Services and that you will terminate the Services as described below in paragraph 4.
2. The Services consist of the website hosting package with the specific configuration which you selected or are going to select through the Services Interface as you use the Services. You acknowledge and understand that important service limitations (including bandwidth limitations and other capacity matrices), pricing (including pricing for optional Services, such as automatic capacity upgrade in the event of overage), the term of the Service, payment terms, and other conditions relating to the Services are conveyed through the Services Interface and are hereby incorporated into this Agreement.
3. You are hereby informed that, if you use a credit card to pay for the Services, that the charge for the Services may appear under a name other than the name of the Primary Service Provider (the name being generally descriptive of the Services) and that, prior to contacting your credit card company in relation to such charges, that you will first contact the Primary Service Provider to verify the charges and the manner of billing. You agree that any chargeback by a credit card company (or similar action by another payment provider) of a charge related to the Services, for whatever reason, is a material breach of this Agreement and is grounds for termination. You further agree that, upon a chargeback by you, you agree and acknowledge that Seguin Host may suspend your access to any account you have with Seguin Host and your use of any domain names, websites, website content, email, or other data hosted on Seguin Host systems. We will reinstate your rights solely at our discretion, and subject to our receipt of the fee owed and our then-current reinstatement fee, currently set at US$200.
4. You agree that the Services shall be provided for the term you selected through the Services Interface. Unless you terminate the Services THROUGH THE SERVICES INTERFACE prior to the end of the then extant Services term, you agree that the Services may be renewed for another term of equal duration to the immediately preceding term and that the resulting fees shall be charged to the credit card associated with your account. You agree to hereby waive any requirement which might otherwise be imposed by law which would require that either the Primary Service Provider or the Backend Service Provider obtain your affirmative consent for on-going billings and that your continuing consent to be billed for such renewal(s) may be presumed until such time as you terminate the Services through the Services Interface. You agree that attempts to terminate the Services other than through the Services Interface (such as by sending an email to a general email address of either the Primary Service Provider or the Backend Service Provider) are not reliable means of communication and that such a termination attempt shall not binding until accepted and acknowledged by either the Primary Service Provider or the Backend Service Provider. In relation to renewals, you further agree that it is your obligation to keep the credit card information associated with your account current and that neither the Primary Service Provider nor the Backend Service Provider shall be obligated to contact you to update such information in the event that the charges are denied.
5. You agree that you may not downgrade (reduce) the bandwidth or other capacity matrices of the Services below the level of actual use of the Services which you experienced in the current or previous month.
6. Your use of the Services may be suspended and/or this Agreement may be terminated if either the Primary Service Provider or the Backend Service Provider determines that you are or are alleged to be violating the terms and conditions of this Agreement or any other agreement entered into by you and either the Primary Service Provider or the Backend Service Provider. In the event of termination or suspension of Services under such circumstances, you agree a) that no pre-paid fees will be refunded to you and b) that either the Primary Service Provider or the Backend Service Provider may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration services of either the Primary Service Provider or the Backend Service Provider. You understand that taking control of a domain name includes, without limitation, acts such as listing such controlling party as the "registrant" and/or "administrative contact" for the domain name and controlling the DNS settings for the domain name.
7. Either the Primary Service Provider or the Backend Service Provider may elect to terminate this Agreement without cause and discontinue the Services upon 30 days notice, whereupon any pre-paid fees for an unused portion of a service term shall be refunded to you within a reasonable period of time. You further agree that, within 30 days of your initial enrolment to receive the Services, either the Primary Service Provider or the Backend Service Provider may elect to terminate this Agreement without cause and that, in such event, the termination shall take effect immediately and that any pre-paid fees for an unused portion of your service term shall be refunded to you within a reasonable period of time.
8. The Services are provided through an infrastructure which is shared by all users of the Services. Your use of the Services may be throttled or suspended indefinitely if your use of the Services degrades the ability of either the Primary Service Provider or the Backend Service Provider to provide the Services to other users of the Services.
9. You acknowledge that email and/or online communication systems (chat, account notices, etc.) will be the primary means of communication between yourself and the Primary Service Provider and/or the Backend Service Provider. You acknowledge that it is your responsibility to maintain a current email address and physical mailing address in your contact information. You further agree that you will regularly login to your account to obtain any notices posted through the Services Interface. You agree that your failure to respond to a communication from either the Primary Service Provider or the Backend Service Provider may result in suspension or cancellation of Services without any refund of pre-paid fees, if any.
10. You acknowledge that neither the Primary Service Provider nor Backend Service Provider are obligated to return any data to you upon termination of this Agreement. You acknowledge that it is your responsibility to download, make copies of, and/or backup all data residing on the servers and other equipment which provide the Services and to do so within the bandwidth limitations of the Services. You acknowledge that any loss or corruption of data which occurs due to an interruption in the Services, regardless of the cause of the interruption, shall not be the responsibility of the Primary Service Provider or Backend Service Provider and that you may, following an interruption in the Services, be required to upload the data to the servers and other equipment which provide the Services.
11. You agree that any personally identifying information provided by you shall be used by the Primary Service Provider according to the privacy policy of the Primary Service Provider, if any, and by the of the Backend Service Provider.
12. You represent and warrant as follows: that a) you are lawfully entitled to use, display, posses, or access the data uploaded, linked to, framed, or otherwise posted on your website by you and/or by the users of your website; b) that your website and your use of the Services will not infringe the intellectual property rights of any third party; c) that your website and your use of the Services will not violate any laws, including, without limitation, laws relating to unsolicited commercial email, child pornography, collection of identifying information, consumer protection, and privacy; d) that neither you nor those who access your website will upload any worms, virus, or malicious code to the servers which provide the Services; and e) that your website and your use of the Services will not subject either the Primary Service Provider or Backend Service Provider to any claims by any third party, including claims relating to infringement of intellectual property rights or claims relating to the products or services which you may provide or offer through the website hosted through the Services.
13. You further represent and warrant that you will not allow any unauthorized third party to access the account which you use to access the Services.
14. EXCLUSIVE REMEDIES FOR UNPLANNED SERVICE INTERRUPTIONS: You agree that any unplanned or unannounced interruptions in the Services shall not require a remedy unless such unplanned or unannounced interruptions exceed 24 hours in any 30 day period, in which case you agree that the exclusive remedy shall be a credit toward 24 hours of hosting for each 24 hour period of unplanned or unannounced interruptions, and that such credit shall exclusively be applied against the fees owed for your next period of hosting, if any, or shall be exclusively be accomplished by adjusting the end of your then-current Service term.
15. LIMITATION OF LIABILITY: YOU AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE CONTROL OF THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER; (G) THE PROCESSING OF YOUR APPLICATION FOR THE SERVICES; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR 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, REGARDLESS OF WHETHER OR NOT EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EITHER THE PRIMARY SERVICE PROVIDER OR THE BACKEND SERVICE PROVIDER EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE LIABILITY OF THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. INDEMNIFICATION: YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND SERVICE PROVIDER, THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. WHEN EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY BE INVOLVED IN A SUIT INVOLVING A THIRD PARTY AND WHICH IS RELATED TO THE SERVICES UNDER THIS AGREEMENT, EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.
17. You agree that the Backend Service Provider shall not be liable for the actions, inactions, negligence, or intentional misconduct of the Primary Service Provider. You acknowledge and agree that neither the Primary Service Provider nor the Backend Service Provider are agents for one another.
18. DISCLAIMER OF WARRANTIES: NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER 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.

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Seguin Host Privacy Policy

Seguin Host knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting any of the sites offered by Seguin Host you are accepting the practices described in this Privacy Notice. For question on the Privacy Notice please contact the Seguin Host® Support Center.
- What Personal Information About Customers Does Seguin Host Gather?

• Information You Give Us:
  We receive and store any information you enter on our Web site or give us in any other way. We use the information that you provide for such purposes as responding to your requests, providing our services (e.g., domain name registration, DNS hosting), and communicating with you.
• Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses our sites. Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; the full Uniform Resource Locators (URL) click stream to, through, and from our Web site, including date and time. We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use.

- What About Cookies?

• Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser. Besides using the information as described above, Seguin Host utilizes cookies to control the flow of the ordering processes by maintaining the state of your online transactions.
  
  Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.

- Does Seguin Host Share the Information It Receives?
Yes, we do share information but only as described below. Otherwise we will not provide your personal information without your consent.

• WHOIS: We are required by the Internet Corporation for Assigned Names and Numbers ("ICANN"), the organization that assumes responsibility for domain name allocation, to collect information about you during the domain name registration process. This information includes your full name, mailing address, phone number, email address, and, where provided, your facsimile number. ICANN then requires all registrars to make your full name, mailing address, phone number, email address, and, where provided, your facsimile number, as well as the creation and expiration dates of your domain name registration and the name server information associated with your domain name, to the public via an interactive Web page and a "port 43" WHOIS service. For the purposes of this Privacy Notice we will refer to this information as your "WHOIS Information." Please note that we may not be able to control how members of the public may use the WHOIS Information.
• Advertisers: We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
• Partners: We partner with other parties to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services.
• Agents: We engage other companies and individuals to perform functions on our behalf. Examples include processing credit card payments, providing marketing assistance, providing customer services, sending postal mail and email to you, removing repetitive information from customer lists, and analyzing data. These persons have access to personal information needed to perform their functions. These companies do not retain, share, store or use personally identifiable information that you provide to Seguin Host for any secondary purposes.
• Service Providers: We engage other companies and individuals to perform enhanced services on our behalf. For example, we have engaged Critical Path,  to provide free electronic mail services to our domain name registrants. In addition, certain of our enhanced services such as our Web Site Generator require that we contact Internet directories and various search engines on your behalf. Many of our service providers have access to personal information needed to perform their services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
• Business Transfer: As we continue to develop our business, we might sell or buy businesses or their assets. In such transactions, customer information generally is one of the transferred business assets. Also, if Seguin Host or all or substantially all of its assets were ever to be acquired, customer information will of course be one of the transferred assets.
• Compliance: We release account and other personal information when we believe release is appropriate to comply with law; enforce or apply our Services Agreement and other agreements; or protect the rights, property, or safety of Seguin Host, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

- How Secure Is Information About Me?

• We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input and the information we may send to our agents.
• Seguin Host has gone to great lengths to ensure your information is securely obtained and held in compliance with the Card Holder Information Security Program. For example, we encrypt your credit card number before it is stored in our database. This ensures that no one may access your credit card from our system.
• It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

- What Information Can I Access?

• Seguin Host gives you access to certain information about you for the limited purpose of viewing and, in certain cases, updating that information. To view or change this information, log-in to your account. When you update information, we usually keep a copy of the prior version for our records.

- Links

• Sites provided by Seguin Host contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

- Children

• Seguin Host does not sell services for purchase by children. If you are under 18, you may use our services only with involvement of a parent or guardian.

- Conditions of Use, Notices, and Revisions

• If you choose to visit Seguin Host, your visit and any dispute over privacy is subject to this Notice and our Terms and Conditions, including limitations on damages, arbitration of disputes, and application of the law of the state of Washington. If you have any concern about privacy at Seguin Host, please send us a thorough description to admin@seguinhost.com, and we will try to resolve it. Our business changes constantly. This Notice and the Terms and Conditions will change also, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes.

Reseller agreement

By using the Seguin Host Domain Name Registration and related services (hereinafter the "Services," defined further below), you signify your agreement to the terms and conditions contained in this Seguin Host Reseller Agreement (hereinafter, the "RSA"). This RSA is between you, your organization (if you are entering into this RSA on behalf of an organization), collectively referred to herein as "you" or "your" (and appropriate formatives), the intermediate Seguin Host Reseller(s) and service provider who may be offering these services to you, if any, (the "Primary Service Provider(s)") and the backend service provider Seguin Host (the "Backend Service Provider"), including the Backend Service Provider's subsidiaries and all employees, directors, officers, representatives, agents and affiliates thereof. You declare your identity (including organizational affiliation) in the information which you provide to the Backend Service Provider through the interface which you use to configure and/or otherwise order the Services, available (referred to herein as "your Account"). It is a material part of this RSA that you warrant that the contact information you provide in your Account is accurate and that you will keep it up to date.

1. This RSA: When accepted and how modified.
1. You agree that this RSA is an application to become an independent reseller of the Backend Service Provider and that this RSA shall not become effective until i) the Backend Service Provider's receipt of all indicated funds, ii) the Backend Service Provider's receipt of an executed copy of this RSA, if required by the Backend Service Provider and iii) the Backend Service Provider's acceptance of this RSA (which acceptance may be evidenced by the Backend Service Provider's course of conduct in activating your Account).
2. The terms and conditions of this RSA may be modified from time to time. Modifications made to this RSA will become effective 30 days after the modifications are posted to your Account or immediately upon your acknowledgment of the revised terms. If you no longer agree to the terms and conditions of this RSA, you may stop using the Services and terminate the Services as described below in section 7.
2. The Services, Accounts, Sub-Resellers, and Sub-Accounts.
1. The Services include the following: a) Domain Name registration in the TLDs offered by the Backend Service Provider, including whois service; b) name server services (DNS); c) URL forwarding; d) email forwarding; e) POP & SMTP email; f) web-based email; g) website hosting; h) website and domain name availability monitoring; i) website and domain name traffic monitoring; j) website and domain name traffic monetization; k) pre-fabricated and hosted websites for the purpose of registering domain names and offering these Services; l) pre- and post-expiration domain name resale services; m) name my map, phone, etc.; n) dynamic (real-time) DNS; o) phone and email support; p) merchant services for processing credit card orders; and The Services do not include other services which a Primary Service Provider may provide to you. Primary Service Providers are independent resellers of the Backend Service Provider and may offer their own services under separate agreement.
2. Generally, you wish to obtain domain name registration services and related services offered by the Backend Service Provider for yourself and/or for your customers, if any. Primary Service Provider(s) may offer other services (not those of the Backend Service Provider) which are not subject to this RSA. The Backend Service Provider may utilize any of the ICANN-accredited registrars when providing domain name registration services. You may only use your Account to select and/or interact with the Services.
3. You and/or your customers may be the direct consumers of the Services. In addition, your customers may also be parties ("your Sub-Resellers") who wish to resell the Services to further downstream customers. Your Sub-Resellers will have "Sub-Account(s)" which, in this RSA, are said to be "below" your Account. Your Sub-Resellers may also have customers, Sub-Resellers, and Sub-Accounts below them. You are the Primary Service Provider to your immediate Sub-Resellers and your Sub-Resellers are the Primary Service Provider to their Sub-Resellers. In other words, accounts with the Backend Service Provider are inverse hierarchical tree structures; your Account may be the apex of a local hierarchy below which may be multiple Sub-Accounts, each of which may also have multiple Sub-Accounts and each of which acts as a Primary Service Provider for the Sub-Accounts below it in the heirarchy.
4. You have the ability, through your Account, to control the creation, access to, pricing of, and use of your Account and all Sub-Accounts below your Account. You agree to be responsible for and guarantee all payments and other performance obligations due to the Backend Service Provider for all Services provided to you, your customers, your Sub-Resellers and all Sub-Resellers and customers below your Account. When there is an unresolved issue (such as non-payment or dishonoring of payment for Services already rendered or a failure to provide customer support) between the Backend Service provider and a customer and/or a Sub-Reseller below your Account, the Backend Service Provider will first seek satisfaction from the Primary Service Provider who has the most immediate relationship with the party causing the issue; however, if the Backend Service Provider is not able, after commercially reasonable efforts, to obtain satisfaction from such Primary Service Provider, you agree that the Backend Service Provider may then seek satisfaction from successively higher Primary Service Providers, and ultimately from you, in the hierarchy of accounts between the party causing the issue and the Backend Service Provider. You are responsible in this way and make this guarantee because you have the ability to control the creation, access to, pricing of, and use of your Account and all Sub-Accounts below your Account and because you benefit therefrom. You agree that the Backend Service Provider may charge you reasonable administrative fees for dealing with complaints, subpoena requests, and related issues caused by you, your customers, your Sub-Resellers and all Sub-Resellers and customers below your Account.
5. Certain of the Services are offered only subject to additional terms and conditions of the Backend Service Provider and which are available at http://www.SeguinHost.com/terms.php To use these Services, customers must agree to these additional terms and conditions. You agree to indemnify and hold harmless the Backend Service Provider for any intentional or negligent failure by you or a Sub-Reseller below your Account to obtain the consent of any customer to these additional terms and conditions.
6. If you die or otherwise become unavailable (the Backend Service Provider is unsuccessful in making reasonable attempts to contact you), and if you have customers and/or Sub-Accounts, the Backend Service Provider may assume direct control over such customers and Sub-Accounts. If, under such circumstances, you have a Primary Service Provider, you agree that the Backend Service provider may elect to allow the Primary Service Provider to assume direct control over such customers and Sub-Accounts.
3. Points, payments, and commissions.
1. You may be required to purchase "Points" to obtain all or certain of the Services. When you purchase Points, your price for the Points will also include certain costs, such as transaction fees, taxes, etc., which will not be reflected in your Point total. For example, in order to refill* 100 Points in your Account via a credit card,* you will be charged $103.00, which includes 3% in transaction fees. Points are non-refundable and are not transferable without the consent of the Backend Service Provider, which may be denied for any reason. In general, if you purchase larger volumes of Points you are entitled to obtain Services for fewer Points. If you have a Primary Service Provider, your pricing for the Services is determined by your Primary Service Provider, otherwise, your pricing for the Services is determined by the number of Points you purchase when you apply to open your Account. The different pricing levels are described in greater detail when you apply to open your Account.
2. * Note: Initial purchases of Points shall not include the 3% charge for transaction fees. For subsequent credit card transactions (account refills), 3% of the transaction amount will be charged for using the credit card online pre-payment service. The Backend Service Provider does accept checks and/or wire transfers with no additional charges. You will be responsible for all Merchant Services fees, outlined in the Merchant Services Agreement at the bottom of this document, for any transaction originating from all Sub-Accounts below your Account.
3. Points and certain of the Services may be purchased using a credit card. You authorize the Backend Service Provider to debit the credit card you present in relation to a particular transaction or the credit card you otherwise provide through your Account. You are hereby informed that charges for the Services will appear as follows: "Domain Name Registration" and/or "I-Net Sftwr Srvc & Sale." You agree that you will present only approved transactions to the Backend Service Provider. You agree that, prior to contacting your credit card company in relation to such charges, that you will first contact your Primary Service Provider and thereafter the Backend Service Provider to verify the charges and the manner of billing. You agree to require all Sub-Resellers and all customers in and below your Account (including customers of your Sub-Resellers) to only present approved transaction to the Backend Service Provider and to contact the Primary and Backend Service Providers regarding charges, as described above. You agree that any chargeback by a credit card company or similar action by or through another payment provider relating to payment to the Backend Service Provider, for whatever reason, whether by you, by any Sub-Reseller or customer below your Account of yours i) is a material breach of this RSA, ii) is an act for which you agree to be jointly and severally liable to make the Backend Service Provider whole, iii) is an act with respect to which the Backend Service Provider will charge $35.00 per incident, in addition to Merchant Services fees and other payment provider service charges which may be charged to the Backend Service Provider, and iv) that the same shall be grounds for suspension and/or termination of this RSA and the Services. Under such circumstances, you agree and acknowledge that the Backend Service Provider may suspend your access to any and all of your Accounts which you may have with the Backend Service Provider and that all right, title, interest in, and use of any domain name registration(s) and/or websites, email, or other data hosted on systems controlled by the Backend Service Provider (the "Collateral") shall be assumed by the Backend Service Provider. The Backend Service Provider will reinstate rights in the Collateral solely in the discretion of the Backend Service Provider, subject to receipt of the fee(s) owed and the then-current reinstatement fee, currently set at US$200. You agree that the Backend Service Provider may sell, dispose of, or retain the Collateral if the Backend Service Provider determines the same to be a means of obtaining some monetary or other satisfaction or security. Points may also be purchased through check or wire transfer, in which case please contact the Backend Service Provide to arrange such a payment.
4. The Backend Service Provider may require that you pay for Points or the Services using a particular payment means, such as by wire transfer. The Backend Service Provider may also demand reasonable assurance of payment if you give the Backend Service Provider grounds for insecurity.
5. If you are using the Backend Service Provider's merchant services provider (credit card processing company), receipts from your customers will be processed by the merchant services provider(s) selected by the Backend Service Provider and will be subject to merchant service fees (presently set at 3% of each transaction, plus $0.95) and taxes (including ICANN fees).
6. Points shall not be refunded to you for cash, regardless of termination of this RSA. You authorize the Backend Service Provider to deduct from your Points any amounts owed by you to the Backend Service Provider, including, without limitation, amounts owed as a result of your indemnification of the Backend Service Provider for third party claims, administrative costs mentioned in section 2.D, above, and reasonable administrative costs which may be charged for inactive accounts.
7. If you have Sub-Account(s) below your Account, you may earn commissions from sales generated by such Sub-Account(s). Such commissions will amount to the difference between the following: i) the price you charge the Sub-Reseller, less merchant service fees (presently set at 3% of each transaction, plus $0.95) and taxes (including ICANN fees); and ii) the price you are charged for the Services by the Backend Service Provider or the Primary Service Provider, if any. When you have a balance greater than $25.00 (U.S.) in commissions which have aged more than 90 days (which allows time for chargebacks and reversed transactions), you will be able to have your commissions sent to you via a check deposited in the U.S. mail (another reason to keep your account information current) or via direct deposit, when and if direct deposit becomes available. Commissions will be reported through your Account in your Available Commission Balance. Your Point balance is not part of your Available Commission Balance.
4. Support. You shall be responsible for providing customer service, billing, and technical support to your customers, Sub-Resellers below your Account, and customers of your Sub-Resellers. The Backend Service Provider shall provide telephone and email support to you during business hours, which are customarily from 6 AM to 6 PM, Pacific Standard Time, with some exceptions for major holidays. The Backend Service Provider may, but is not obligated to, provide support directly to your customers. If the Backend Service Provider receives communications from registrants or from third-parties regarding a Services provided in your Account or an Account below your Account, the Backend Service Provider will, were appropriate, forward such communications to the first immediate Primary Service Provider for further action; however, Seguin Host,  reserves the right to respond to such communications directly. If the Backend Service Provider determines that you are providing inadequate support to your customers (resulting in, for example, an excessive number of support calls directly from your customers), then the Backend Service Provider may consider this to be a breach of this RSA by you and may terminate this RSA.
5. Warranties and Excluded Warranties.
1. WHAT IS NOT WARRANTIED: THE BACKEND SERVICE PROVIDER DOES NOT WARRANTY THAT PERFORMANCE OF THE SERVICES OR USE OF THE TECHNOLOGY WILL BE UNINTERRUPTED, ERROR FREE, OR THAT IT WILL NOT BE NECESSARY FOR YOU TO PROVIDE NOTICE OF ERRORS THROUGH THE BACKEND SERVICE PROVIDER'S SUPPORT PROCEDURES.
2. WARRANTIES: THE BACKEND SERVICE PROVIDER WARRANTIES THAT THE SERVICES AND TECHNOLOGY WILL BE PROVIDED AND MAINTAINED WITH AT LEAST THE SAME DEGREE OF CARE THE BACKEND SERVICE PROVIDER EXERCISES IN PROVIDING SIMILAR SERVICES AND TECHNOLOGY TO THE BACKEND SERVICE PROVIDER'S OTHER SIMILARLY SITUATED CUSTOMERS. YOU AGREE THAT YOUR EXCLUSIVE REMEDIES FOR BREACH OF THIS WARRANTY ARE THE REMEDIES PROVIDED IN THIS RSA OR, IF NO REMEDIES ARE PROVIDED, THAT YOUR EXCLUSIVE REMEDY IS THE RE-PERFORMANCE OF THE SERVICES OR IF THE BACKEND SERVICE PROVIDER IS UNABLE TO PERFORM THE SERVICES AS WARRANTED WITHIN A REASONABLE PERIOD AND IF YOU CAN DEMONSTRATE THROUGH CLEAR AND CONVINCING EVIDENCE A LOSS WHICH IS SOLELY AND DIRECTLY ATTRIBUTABLE TO THE BACKEND SERVICE PROVIDER'S BREACH OF THIS WARRANTY, THEN YOUR EXCLUSIVE REMEDY SHALL BE THE TERMINATION OF THIS RSA AND THE CASH REFUND OF ANY POINTS USED BY YOU IN RELATION TO THE SPECIFIC TRANSACTIONS WHICH GAVE RISE TO THE BREACH OF THIS WARRANTY, SUBJECT TO THE OVERALL LIMITATION OF THE BACKEND SERVICE PROVIDER'S LIABILITY FOUND IN THIS RSA. THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6. Indemnification. You, at your own expense, will indemnify, defend and hold harmless the Backend Service Provider (which refers to, as indicated at the beginning of this RSA, its subsidiaries, and all employees, directors, officers, representatives, agents and affiliates thereof), against any claim, suit, action, or other proceeding based on or arising from any claim or alleged claim (i) relating to any product or service of yours; (ii) relating to your use of the Services; or (iii) relating to your domain name registration and related service business, including, but not limited to, your advertising, domain name application process, systems and other processes, fees charged, billing practices and customer service; provided, however, that in any such case: (a) the Backend Service Provider provides you with prompt notice of any such claim, and (b) upon your written request, the Backend Service Provider provides you with all available information and assistance reasonably necessary for you to defend such claim, provided that you reimburse the Backend Service Provider for actual and reasonable costs. You shall not enter into any settlement or compromise of any such indemnifiable claim without the Backend Service Provider's prior written consent, which consent shall not be unreasonably withheld. You shall pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Backend Service Provider in connection with or arising from any such indemnifiable claim, suit, action or proceeding.
7. Limitation of Liability.
1. A material provision of entering into this RSA is that the Backend Service Provider's liability shall be limited as follows: In relation to each component of the Services for which a separate fee is charged, the Backend Service Provider shall be liable in an amount no greater than the fees received by the Backend Service Provider for performing the specific transaction(s) that gave rise to the liability. The Backend Service Provider's aggregate liability for all claims of any sort shall not exceed the aggregate amount received by the Backend Service Provider from you over the term of this RSA. The Backend Service Provider shall not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration, or inadvertent disclosure of data, information, or content transmitted, received, or stored on its or any 3rd party systems. With respect to passwords, account identifiers, and other systems used to control access to your account, you acknowledge and agree that it is your responsibility to safeguard such passwords, account identifiers, and other systems used to control access to your account. You agree that as a service to you, the Backend Service Provider may, but is not required to, take reasonable measures to verify the identity of parties who claim to have lost or forgotten passwords and/or account information and to then provide the information to such parties and that the Backend Service Provider shall not be responsible to you losses or claims for any inadvertent disclosure of such passwords which may result thereby. You expressly agree that it is reasonable for the Backend Service Provider to email passwords to designated email account(s), to phone designated phone numbers, or to employ security questions as a means to verify the identity of the party entitled to control your account.
2. EXCEPT AS EXPRESSLY PROVIDED IN THIS RSA, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES, OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS RSA, OR, EXCEPT AS PROVIDED FOR IN THE SECTION RELATING TO YOUR INDEMNIFICATION OF THE BACKEND SERVICE PROVIDER, FOR ANY CLAIM AGAINST THE OTHER PARTY BY A 3RD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
3. Independent Contractors. The parties to this RSA are independent contractors and shall have no right or authority to bind or commit the other party in any way without the other party's express written authorization to do so. Nothing contained in this RSA shall be deemed or construed to create for any purpose an employer/employee, joint venture, partnership, or agency relationship between the parties.
4. Assignment. You agree not to assign, transfer, or otherwise dispose of this RSA or any of your rights, benefits, or interests under this RSA without written consent of the Backend Service Provider. The Backend Service Provider may assign this RSA to a party which acquires the assets of the Backend Service Provider which relate to performance of this RSA. The Backend Service Provider may assign all or part of its rights and obligations under this RSA to its parent corporation, to a subsidiary, to its survivor in connection with a corporate reorganization, to any entity acquiring all or substantially all of its property, or to any entity into which it is merged or consolidated. No assignment of this RSA shall operate to discharge the assignor of any duty or obligations hereunder without prior written consent.
5. Taxes. Unless specified otherwise, the fees listed in this RSA do not include taxes. If the Backend Service Provider is required to pay ICANN fees or United States or international sales, use, property, value-added, royalty, license or other taxes based on the licenses granted in this RSA or on your use of the Services, then such taxes or fees shall be billed to and paid by you. This section shall not apply to taxes based on the Backend Service Provider's income.
6. Force Majeure. Neither party shall be in default or liable for any loss or damage resulting from delays in performance or from failure to perform or comply with terms of this RSA (other than the obligation to make payments, which shall not be affected by this provision) due to any causes beyond its reasonable control, which causes include but are not limited to Acts of God or the public enemy; riots and insurrections; war; fire; strikes and other labor difficulties (whether or not the party is in a position to concede to such demands); embargoes; judicial action; lack of or inability to obtain export permits or approvals, necessary labor, materials, energy, components or machinery; acts of civil or military authorities; failure of telecommunications; or other casualty.
7. Governing Law and Venue for Disputes. This RSA and any disputes regarding its interpretation and enforcement shall be governed by the laws of the United States of America and the State of Washington, as if this RSA was a contract wholly entered into and wholly performed within the State of Washington. Any action to enforce this RSA or any matter relating to your use of the Backend Service Provider's or the Backend Service Provider's subsidiaries' services shall be brought exclusively in the United States District Court for the Western District of Washington, or if there is no jurisdiction in such court, then in a state court in King County, Washington state. You consent to the exclusive personal and subject matter jurisdiction of such courts and agree that exclusive venue therein is proper.

Merchant Services User Agreement.

This Agreement applies to your use of our merchant services (credit card processing) and any related products and services (collectively the "Service"). This Agreement affects your rights and you should read it carefully.

In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Merchant Service Provider" will refer collectively to Seguin Host and its parent or subsidiary companies, affiliates, officers, employees and agents. This Agreement affects your rights and you should read it carefully. When you use the Services, you accept the terms and conditions of this Agreement. We may amend this Agreement at any time by posting the amended terms to our site, and your continued use of the Service will constitute acceptance of the amended terms. This Agreement was last modified on May 6, 2005. Services.
The Service provides merchant services and templates for you to register domain names and offer other products and services. You and your users must also agree to the Registration Agreement and the other terms and conditions with respect to other products and services.

Payouts.
Payouts to you of at least $25.00 will occur when you choose to (you need to initiate them from your commission account) on transactions aged 90 days or more. Please note, all checks are issued in U.S. Dollars. We are unable to send funds via wire transfer at this time. Interest will not accrue on amounts in any account with the Merchant Processor.

Merchant Services Fees.
The fee for merchant services is 95 cents ($0.95) plus 3% of the transaction. Fees for the domain name registration and other services are negotiated separately.

Unless otherwise stated, all fees are quoted in U.S. Dollars. We may change our service fees and/or credit policies at any time. You are responsible for paying all fees associated with use of Merchant Services and all applicable taxes.

If you are a seller in a credit card transaction, you understand and agree that you are responsible for payment to Merchant Service Provider or its agents, suppliers, and subcontractors of all amounts and costs related to charge-back in full and the amount of the charge-back itself. Your responsibility for all charge-back-related fees and amounts will continue even in instances where the charge-back has been initiated after you have received the funds or terminated your Merchant Service Provider account. You further agree that Merchant Service Provider or its agents, suppliers, and subcontractors can enforce this agreement against you and recover such charge-back-related fees and amounts from you in accordance with this Agreement or through any other legal rights or remedies that Merchant Service Provider or its agents, suppliers, and subcontractors may have. Merchant Service Provider shall not be obligated to facilitate payment for any transaction for which funds have not been provided by the buyer's issuing bank.

Merchant Service Provider collects all fees and other amounts by subtracting the amount the seller owes Merchant Service Provider ("Merchant Services Fees") from the funds that Merchant Service Provider has received from the buyer for payment to the seller for the transaction ("Seller Funds"). Should Merchant Services Fees exceed Seller Funds, as a seller you authorize Merchant Service Provider to directly debit your credit card or Seguin Host account (including a commission account, if any) for any excess amounts.

If you have a reseller account with Seguin Host (a sub-account of such an account, or any other account with Seguin Host), there may be fees associated with such account, in addition to the Merchant Services Fees described in this Agreement. You and/or your customer authorize the Merchant Service Provider to debit the credit card provided to the Merchant Service Provider for this purpose.