GarageISP DNS Service Terms

DNS Service Terms

GarageISP LLC

DNS Terms of Service

(Version 1.0 – Drafted March 10, 2006)

1. Domain Name Services. This document (the “DNS Terms”) describes the rights and obligations of GarageISP LLC and the Customer in connection with GarageISP LLC's registration or renewal of domain names for the Customer.

2. Domain Name Registration. Upon Customer's request and subject to these DNS Terms, GarageISP LLC will register an Internet domain name, or renew the Customer's registration of an existing domain name, on behalf of Customer with a registrar selected by GarageISP LLC and identified below (the “Registrar”).

3. Customer Responsibilities. GarageISP LLC’s registration or renewal of any domain name is subject to (i) GarageISP LLC 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) Customer’s compliance with these DNS Terms. Registration of a domain name is subject to availability of such domain name for registration, and GarageISP LLC will not be responsible if a domain name is not available for any reason. GarageISP LLC 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 GarageISP LLC for, and hereby releases GarageISP LLC 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 GarageISP LLC for any reason. Customers registering a domain name with GarageISP LLC, but hosting with another host provider, will not use GarageISP LLC name-servers to point their domain names outside of GarageISP LLC IP space. Customer will update its domain name zone files with its chosen host providers. GarageISP LLC will not point Customer zone file records to sub-directories within Customer’s main domain name.

4. ICANN and Other Authority. Customer acknowledges that its rights to any domain name registered or renewed by GarageISP LLC are not being granted by GarageISP LLC but are subject to the rules and regulations of ICANN, the Registrar, the registry and applicable law. Customer’s inability to use a domain name shall not entitle Customer to a refund by GarageISP LLC 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.

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

6. Registrar Terms and Conditions. All registrations and renewals are subject to the terms and conditions of the Registrar. 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.

7. Changing Registrars. GarageISP LLC does not generally perform domain name services that require the domain name change registrars. However, if GarageISP LLC, 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 acknowledgment policies of the losing registrar. Such acknowledgment 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 GarageISP LLC 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 Customer’s failure to respond timely to any losing registrar query or request for confirmation.

8. Changing Registrar Resellers. If the Customer submits an Order to GarageISP LLC 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 acknowledgment policies of the losing reseller and the Registrar. Such acknowledgment 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 GarageISP LLC will bear no liability or responsibility for any delay, inconvenience or expiration of domain name registration that occurs as a consequence of the Customer’s failure to satisfy the acknowledgment policies of the losing reseller or the Registrar.

9. Renewal and Expiration. The Customer agrees that GarageISP LLC 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 GarageISP LLC 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, GarageISP LLC will have no responsibility for any expiration of a domain name that occurs with respect to any Order submitted to GarageISP LLC within such period.

10. 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 Customer’s e-mail address maintained in GarageISP LLC’s billing records. If the e-mail address for the Administrative Contact is not the same as the Customer’s e-mail address maintained in GarageISP LLC’s billing records, GarageISP LLC may (but will have no duty to) change the e-mail address for the Administrative Contact in the WHOIS records of the registrar.

11. 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.

12. Under Construction Page. Customer agrees that upon registration of a domain name with GarageISP LLC, if such domain name is (a) hosted on an GarageISP LLC 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 GarageISP LLC in its sole discretion (the “Under Construction Page”). The Under Construction Page may be modified by GarageISP LLC at any time in GarageISP LLC’s sole discretion and without notice to Customer. The Under Construction Page may include, without limitation (i) links to additional products and services offered by GarageISP LLC, (ii) advertisements for products and services offered by third-parties, and (iii) an Internet search engine (the “Additional Content”).