Service Agreement

B022504 SERVICE AGREEMENT TERMS & CONDITIONS

GENERAL SERVICES
This Service Agreement ("Agreement") applies to the purchase from Automation Business Corporation and its affiliates (collectively, "ABC") of all services (collectively, the "Services") selected by Customer on the Service Order Form, the Domain Name Registration Form and the IntelliSecurity Services Order Form, as applicable, incorporated by reference and attached hereto, if any, except that if Customer is also ordering Web site production or colocation services, Customer is also required to sign the agreements specific to those services. ABC reserves the right to modify its network and facilities used to provide the Services for purposes including but not limited to accommodating evolving technology and increased network demand, and providing enhanced services. ABC shall use reasonable efforts to notify Customer of any planned changes to ABC's network or facilities that may adversely affect the Services provided hereunder. This agreement does not apply to customers which resell ABC services. Such resellers must sign the ABC Reseller Agreement, which may be obtained from legal@oregonhost.com .

BINDING EXHIBIT “A” DOMAIN REGISTRATION AGREEMENT
Customer and ABC, under the terms of this Agreement, are bound by one or more of the following EXHIBIT “A” Domain Registration Agreements and ICANN Dispute Resolution Policies. If a conflict exists between this Agreement, and one or more of the aforementioned Domain Registration Agreements, the Domain Registration Agreement shall have precedence.

COM and NET Domain Registration Agreement
ORG Domain Registration Agreement
BIZ Domain Registration Agreement
INFO Domain Registration Agreement
US Domain Registration Agrement

ICANN Dispute Resolution and Policies

TERM
This Agreement shall be for the term specified by Customer on the Service Order Form, Domain Name Registration Form or IntelliSecurity Services Order Form, as applicable (the "Initial Term"). Except in the case of Dial-up customers, this Agreement will be automatically renewed, at the end of the Initial Term, on a month to month basis unless either party provides sixty (60) days written notice to the other of termination of this Agreement prior to the end of the then current term. The Initial Term and all month to month extensions thereof are collectively referred to herein as the "Term" of this Agreement. Dial-up Customers' contracts are on a month-to-month basis. Customers may terminate this Agreement prior to the end of the Initial Term or any extension thereof in accordance with the Cancellation section herein.

BILLING AND PAYMENT Fees:
During the term of this Agreement, Customer shall pay the fees for the Services that are set forth on the Service Order Form, the Domain Name Registration Form and the IntelliSecurity Services Order Form, as applicable. In addition to such fees, ABC may charge taxes, fees or assessments by governmental agencies and ABC shall have the right, at any time, to pass through and invoice to Customer any new or increased taxes, fees, assessments or other charges imposed on or required to be collected by ABC by any governmental agency. Customer shall also be responsible for paying all taxes, fees or assessments and other charges imposed on Customer by any governmental agency that may result from this Agreement, or any of the activities contemplated hereunder. Terms Of Payment: Invoices are due and payable upon receipt. If Customer, in good faith, disputes all or any portion of an invoice, Customer must, within sixty (60) days of the date of the invoice, (i) pay all undisputed amounts and (ii) provide ABC with written notice of the details of the billing dispute, together with all supporting documentation. The parties agree to work diligently and in good faith to resolve all billing disputes. Disputed amounts found to be properly owed to ABC shall be paid promptly following resolution of the dispute, together with the late-payment interest fee set forth below on such amount accrued from the 30th day following the date of the original invoice. All payments shall be made in U.S. currency. Service Continuation After Initial Term: The fees set forth in the Service Order Form, the IntelliSecurity Services Order Form or Domain Name Registration Form are guaranteed during the Initial Term of this Agreement. If Customer continues to receive the Services after the Initial Term without entering into a new agreement or agreement extension, the fees charged after the Initial Term shall be at the then standard ABC rates for such services, without discount, determined month to month. Service Charge: Customer will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever Is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due. Suspension Or Interruption Of Service For Non-Payment: In the event Customer's account becomes past due for more than thirty (30) days, or if ABC has a reasonably held belief that Customer may be unable to pay its debts as they become due (i.e., is financially insecure), ABC may, in its sole discretion, suspend, interrupt or disconnect the Services upon ten (10) days written notice to Customer. In the event of such suspension, interruption or disconnection, Customer may be required to post a deposit or such other security, as ABC reasonably deems necessary in order to resume receiving the Services.  In addition, if ABC reasonably determines that Customer may be financially insecure, ABC may require such other action of Customer as ABC reasonably determines is necessary under the circumstances, including letters of credit, security deposit(s), restrictions on available credit or other action as ABC may require from time to time regardless of Customer's then-current payment status on its account or its payment history on such account. Failure to satisfy ABC's request for such action within timelines reasonably set by ABC may result in immediate termination of service without further notice. Customer may not withhold or set off any payment for any reason without ABC's prior written consent. ABC shall have no liability for any loss or damage resulting from its suspension or termination of Services under this Agreement.

ACCEPTABLE USES
Customer shall at all times adhere to the ABC Acceptable Use Policy, as amended from time to time by ABC effective upon posting of the revised policy on the ABC website, currently located at http://www.oregonhost.com. Notwithstanding anything to the contrary contained herein, ABC may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by Customer of the ABC Acceptable Use Policy. In the event ABC takes corrective action due to a violation of the ABC Acceptable Use Policy, ABC shall not refund to Customer any fees paid in advance of such corrective action.

CANCELLATION POLICY
Except for Dial-up, Shared Hosting, Virtual Private Server, and Dedicated Server customers (other than Dedicated Server customers also obtaining IntelliSecurity Services or whose Service Order Form reflects a term of one year or longer), Customer may terminate this Agreement by giving ABC at least sixty (60) days prior written notice. However, Customer remains obligated to pay all amounts remaining in the Initial Term and any extension thereof, and if ABC has purchased equipment on behalf of Customer, at Customer's request or pursuant to Customer's order, including but not limited to circuit and router, Customer shall assume responsibility for payments for such equipment, until paid in full. Dial-up, Shared Hosting, Virtual Private Server, and Dedicated Server customers (other than Dedicated Server customers also obtaining IntelliSecurity Services or whose Service Order Form reflects a term of one year or longer, which customers have the termination rights and obligations set forth in the preceding sentence) may terminate this Agreement as it relates to those services by giving ABC at least thirty (30) days prior written notice, and are not obligated to pay equipment costs, and except for SiteMerlin Shared Hosting customers, are not obligated to pay amounts remaining in the Initial Term. In order to terminate early, Customer's primary contact person on the account should notify ABC of such request to do so. In the case of credit card orders, all termination requests should be signed by Customer's primary contact person on the account who must provide the last four digits of the credit card on file with ABC. However, ABC shall not be liable for unauthorized termination of an account.

In the event that a Dial-up Customer primary account holder cancels service, service will be cancelled immediately, and the remainder of the monthly payment forfeited. ABC reserves the right to terminate this Agreement without cause prior to the end of the term upon sixty (60) days written notice to Customer, in which event ABC will refund any fees for Services which Customer has paid in advance. Any termination of this agreement by ABC or Customer shall not deprive either party of its rights or relieve either party of its obligations, in each case, as accrued prior to the date of termination, including, without limitation, Customer's obligation to pay for Services rendered prior to the date of termination.

IP ADDRESS OWNERSHIP
ABC shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by ABC and ABC reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

ABC is required by ARIN (American Registry for Internet Numbers) to document on a rwhois server which entity is using the IP space. If Customer is assigned a static IP address, Customer consents to ABC's inclusion of Customer's name, company name if a business, postal address, e-mail address, IP address, and telephone number in the rwhois server.

CACHING
Customer expressly (i) grants to ABC a license to cache the entirety of Customer's Web Site, including content supplied by third parties, hosted by ABC under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer intellectual property rights or any third party's intellectual property rights.

BANDWIDTH AND/OR DISK USAGE
Customer agrees that bandwidth and/or disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Service Order Form. ABC reserves the right to monitor the customer's usage. If bandwidth or disk usage exceeds the agreed upon number of megabytes per month, ABC, in its sole discretion, may assess additional standard charges, disconnect or discontinue any and all Services, or terminate this Agreement, in each case, upon ten (10) days advance written notice to Customer. In the event that ABC elects to take such action, Customer shall not be entitled to a refund of any fees paid in advance of such corrective action.

EQUIPMENT
Customer acknowledges that any hardware, software, and other equipment utilized by ABC to provide the Services or supplied by ABC to Customer for purposes of Customer receiving the Services (collectively, the "Equipment") is and remains the property of ABC or its licensors, subject to purchase rights, if any, specifically granted to Customer under this Agreement. ABC's sole liability for any malfunction or defect in the Equipment shall be the Service Level Agreements, if any, referenced in this Agreement or attached hereto and Customer's sole and exclusive remedy for such malfunction or defect shall be the remedies set forth in such Service Level Agreements. In the event that Customer exercises a purchase option for the Equipment, Customer acknowledges that any rights or remedies Customer may have regarding the performance or compliance of such purchased Equipment are limited to warranties, if any, extended by the manufacturer of such Equipment, to the extent that such warranties are assignable by ABC to Customer. Customer further acknowledges that ABC will have no responsibility for any other equipment utilized by Customer to receive the Services whether supplied by Customer or any Third Party ("Customer Equipment"). Customer is responsible for risk of loss or damage to any Equipment supplied by ABC to Customer to enable Customer to receive the Services and shall ensure that , during the term of this Agreement, such Equipment is insured for full replacement value with a reputable insurance company licensed to do business in the state in which the Equipment is located. Customer shall operate the Equipment supplied by ABC in accordance with ABC and manufacturer's guidelines. Customer is entitled to use any Equipment supplied by ABC only in connection with Customer permitted use of the Service(s). Customer shall not resell, transfer, export or re-export any Equipment, or any technical data derived therefrom, in violation of any applicable United States or foreign law and is responsible for loss of or damage to such Equipment.

ABC reserves the right to substitute, change or modify the Equipment or any software utilized to provide the Services at any time. ABC shall not be responsible for any changes in Service(s) that cause Customer Equipment to become obsolete, require modification or alteration, or otherwise affect the performance of the Service(s). However, if practicable (without an obligation to expend funds or incur additional costs), ABC will assist Customer in resolving any such Equipment problems over which ABC may have control.

ABC may interrupt the Services at any time, without liability to Customer, to perform scheduled or emergency maintenance.

ABC may, in its sole discretion, take corrective action, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, in the event Customer engages in or commits any of the following acts:

·Alter, modify or improperly use, including violations of ABC's Acceptable Use Policy, any portion of the Equipment or software utilized to provide the Services ·Perform or attempt to perform maintenance services on the Equipment unless specifically requested by ABC to do so ·Attach devices or other equipment not approved by ABC [or the original manufacturer of the Equipment] to the Equipment ·Alter or modify Customer's IP address space on any interface on the Equipment without prior communication to ABC

 In the event that ABC elects to take any corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action. ABC shall not have any liability to Customer in the event Customer engages in or commits any of the foregoing acts nor shall ABC be liable to Customer for any corrective action taken.

DISCLAIMER OF WARRANTY
Customer acknowledges and agrees that ABC exercises no control over, and accepts no responsibility for, the content of the information passing through ABC's host computers, network hubs and points of presence (the "Oregon Host Network") or the Internet. NOTWITHSTANDING ANY OTHER ORAL OR WRITTEN COMMUNICATIONS BETWEEN ABC AND CUSTOMER ABOUT OR IN CONNECTION WITH THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ABC, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT ABC PROVIDES. SUBJECT TO ANY SERVICE LEVEL AGREEMENTS SPECIFICALLY REFERENCED HEREIN, THE SERVICES AND EQUIPMENT PROVIDED UNDER OR ASSOCIATED WITH THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS. NEITHER ABC, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. ABC IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CLIENTELE VIA THE SERVICE(S) PROVIDED BY ABC.

INDEMNIFICATION
Customer will indemnify, save harmless, and defend ABC and all directors, officers, employees, sub-contractors and agents of ABC (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to the use of the Services by Customer, including any violation of the ABC Acceptable Use Policy. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

LIMITATION OF LIABILITY
IN NO EVENT SHALL ABC, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (THE "ABC GROUP") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF ABC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will the ABC Group's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual amount paid by Customer for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, or the limitation of liability with respect to death or personal injury due to negligence, so that the above limitations or exclusions may not apply to Customer. In such jurisdictions, ABC's liability (and the liability of its affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.

FORCE MAJEURE
ABC shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, breakdown or damage to machinery, equipment or software, malfunctioning of software, corruption of data, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. In the event of such a Force Majeure, the party shall give the other party prompt written notice within ten (10) days of the Force Majeure. If any such event continues for a continuous period of thirty (30) days, Customer may terminate this Agreement.

INTELLECTUAL PROPERTY
Customer represents and warrants that Customer's use of the Services shall not infringe the intellectual property or other proprietary rights of ABC or any third party. Customer further acknowledges that all right, title and interest in any and all technology, including the software, that is part of or provided with the Services and any trademarks or service marks of ABC or third parties utilized in connection with the Services (collectively, "ABC Intellectual Property") are vested in ABC and/or in ABC's licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the ABC Intellectual Property. Customer may not copy, modify or translate the ABC Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the ABC Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, Customer is not authorized to distribute or to authorize others to distribute the ABC Intellectual Property in any manner without the prior written consent of ABC; provided, however, that nothing in this sentence would preclude Customer from using the ABC Intellectual Property as incorporated in the Services. This paragraph shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which Customer may now have or hereafter acquires in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to Customer.

CONFIDENTIAL INFORMATION
Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of the other party or third parties ("Confidential Information"). Except as provided in ABC's Acceptable Use Policy (AUP), each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this Agreement. Upon request of either party or on termination or expiration of this Agreement, each party shall return the Confidential Information of the other party then in its possession. Nothing in this Agreement shall prohibit or limit either party's use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in receiving party's possession, as evidenced by receiving party's records; (c) is disclosed to the receiving party without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose provided by the disclosing party; or (f) is required to be disclosed by law, court order or request by any government or regulatory authority. Customer further agrees and acknowledges that ABC may disclose Customer account information in accordance with ABC's AUP and Privacy Policy, located at http://www.oregonhost.com, as amended from time to time by ABC effective upon posting of the revised policy at the URL.

CUSTOMER DATA.
Customer is solely responsible for all its content residing on ABC servers, and except as otherwise agreed with ABC, for the backup and restoration of such content.

SELECTED SERVICES

DOMAIN NAME REGISTRATION

A.   Registrar Services.
ABC has entered into an agreement with an accredited domain name registrar, OregonHost Ltd. ("OregonHost") to provide Customer with domain name registration services; for any requests by Customer to ABC to register, or renew an Internet domain name or transfer a domain name from another registrar to the ABC registrar. As consideration for the domain name registration services provided by OregonHost to Customer, on behalf of ABC, Customer agrees to pay ABC, prior to the effectiveness of the desired domain name registration or renewal, the then-current amounts set forth in the ABC price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. To view the current rates for using ABC's domain name services, please see ABC's PRICE SCHEDULE BY PRODUCT (http://www.oregonhost.com/html/webhosting.html). All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. ABC reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered or renewed unless and until ABC receives actual payment of the initial registration fee and/or renewal fee, and has confirmed Customer's registration in an email from ABC to the email address for the Administrative Contact indicated in Customer's registration application and/or on file. 

B.  Renewal.
Customer must ensure that all renewal fees are paid when due; provide accurate contact information to ABC; agree to existing terms & conditions; and follow all other procedures as ABC may indicate in the renewal notification that ABC will send to Customer's email address on record at the time the renewal notification is sent. Any failure to follow all required procedures shall be at Customer's sole risk. Should these renewal fees go unpaid within the time specified in a second notice or reminder regarding renewal, Customer's registration may be cancelled. Payment must be made by credit card or such other method as ABC may indicate in the registration application or renewal form. ABC will renew Customer's name for Customer provided Customer's credit card or other billing information is available and up to date, unless Customer instructs ABC otherwise within the time specified. If Customer's billing information is not accurate and Customer wishes to renew Customer's domain name registration, ABC will contact Customer to update this information and charge Customer accordingly. 

C. Cancellation; Reinstatement. 
In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by ABC) in connection with the payments of the registration fees or renewal for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to ABC as the paying entity for that registration to the registry and that ABC reserves all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. ABC will reinstate Customer's domain name registration solely at ABC's discretion, and subject to ABC's receipt of the initial registration or renewal fee and ABC's then-current reinstatement fee.

D.   Transfer. 
Customer will be responsible for all costs and fees associated with the registration of Customer's domain name including, but not limited to, all costs and fees for moving or transferring such domain name. Under no circumstances shall ABC be responsible for this cost.

E.   Use of Personal Information; Updated Information. 
OregonHost and/or ABC will collect certain personal information (including, without limitation, contact information such as name, address, email address and telephone number) ("Personal Information") from Customer during the registration process. Customer agrees and acknowledges that OregonHost will share Personal Information that Customer provides (or that is gathered about Customer during the registration process, including, for example, Customer's primary domain name server and the like), or that OregonHost or ABC otherwise maintains, with one another, with ICANN, with registry administrator(s), and with other third parties as ICANN and applicable laws and/or policy may require or permit. Customer further agrees and acknowledges that OregonHost and/or ABC shall be permitted (and in some cases may be required) to make publicly available, or directly available to third party vendors, some, or all, of the Personal Information or domain name registration information Customer provides, for purposes of inspection (such as through ABC's WHOIS service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws. Customer may access Customer's Personal Information and/or domain name registration information in OregonHost's or ABC's possession to review, modify or update such information, through Customer's Control Panel/Domain Manager. ABC will not process data about any identified or identifiable natural person that ABC obtains from Customer in a way incompatible with the purposes and other limitations which ABC describes in this Agreement. OregonHost will take reasonable precautions to protect the information it obtains from Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction. Customer hereby irrevocably waives any and all claims and causes of action Customer may have arising from such disclosure or use of Customer's Personal Information and/or domain name registration information by OregonHost or ABC.

F.   ICANN Guidelines. 
Additionally, Customer acknowledges that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that OregonHost or ABC may or must make available to the public or to private entities, and the manner in which such information is made available. Customer hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Customer in connection with the registration of a domain name (including any updates to such information), whether during or after the term of Customer's registration of the domain name. 

G.   Third Party Data.
In the event that, in registering the domain name, Customer is providing information about a third party, Customer hereby represents that Customer has (1) provided notice to that third party of the disclosure and use of the party's information as set forth in this Agreement, and (2) that Customer has obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. 

H.   Accuracy of Data. 
Customer acknowledges that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether Customer may have violated the trademark rights of another party in registering a domain name confusingly similar to such party's trademark.) Customer is responsible for notifying ABC in writing of changes in its contact information. In addition, Customer agrees that Customer's failure to respond for over fifteen (15) calendar days to inquiries by OregonHost and/or ABC concerning the accuracy of contact details associated with Customer's registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration.

I.   If Customer Has Registered a Domain Name Through ABC Before January 10, 2000. 
If Customer has registered a .com, .net, or .org domain name through ABC prior to January 10, 2000, and Customer asked ABC to register the domain name for Customer, such domain names are subject to the agreement Customer entered into with Network Solutions, Inc. ("NSI"), who was then ABC's exclusive provider of domain name registration services. By applying for the domain name and through the use or continued use of the domain name, the applicant agrees to be bound by the terms of NSI's domain name policy (the "NSI Policy") which is available at: http://www.networksolutions.com/legal/service-agreement.html.

J. Domain Name Transfers. 
If Customer has requested that the domain name registrar of record for Customer's domain name(s) (as identified by Customer during the registration process) be changed to ABC/OregonHost, the following terms shall apply: In making the transfer request, Customer represents and warrants that: ·Customer is the rightful holder of the registration for the domain name(s) that Customer seeks to transfer. ·Customer is not in default with respect to any obligations that Customer owes to the current registrar of record. ·Customer is not the subject of any pending bankruptcy proceeding, nor is Customer a party to any dispute concerning the use or registration of the domain name(s). ·The domain name(s) are not currently the subject of any dispute or collection effort, including any attachment, levy, lien, garnishment, escrow or other proceedings. ·Customer is authorized to request the transfer and to enter into this Agreement. · More than 60 days have passed since the domain name(s) was registered, transferred to a new registrar, or renewed. CUSTOMER MAY NOT TRANSFER A DOMAIN NAME TO A NEW REGISTRAR WITHIN 60 DAYS OF INITIAL REGISTRATION, OR ANY SUBSEQUENT TRANSFER OR RENEWAL. Customer agrees that neither ABC nor OregonHost will have any responsibility for any obligations that Customer may owe to the current registrar of record for the domain name(s) Customer seeks to transfer, and that Customer will be responsible, pursuant to the indemnification provision herein, for any costs that ABC or OregonHost may incur in resolving any claims brought by any third party (including the current registrar of record) relating to this transfer. Customer will not be entitled to a refund or credit for any amounts that Customer may have paid to the current registrar of record. Upon the completion of the transfer process, however, the term of Customer's registration will be extended by the period for which Customer has paid ABC. Customer agrees that ABC may charge Customer an additional maintenance fee in order to maintain Customer's domain name for any term carried over from the current registrar of record. Upon receipt of a request to transfer a domain name from another registrar (losing registrar) to ABC and OregonHost, ABC requires validation of the request from the Administrative Contact on record at the time of the transfer request. Customer authorizes ABC and OregonHost to take all actions reasonably necessary to transfer the domain name(s), including contacting and updating Customer's registration information with the current registrar of record and the registry. Except as noted above, OregonHost and ABC will treat Customer's transfer request as an initial domain name registration and will provide all subsequent domain name services in accordance with the terms and conditions herein. The term "register" or "registration," as used in this Agreement, shall be read to include the transfer of a domain name registration from Customer's current registrar of record to OregonHost.

K. Third-Party Proprietary Rights:
Customer shall be solely responsible for ensuring, and hereby represents and warrants to ABC, that Customer's domain name does not infringe upon any trademark, trade names, service mark or other proprietary rights owned by a third party. Customer agrees to be bound by the terms of the dispute policy adopted by the domain name registry, and related agreements that Customer will be asked to review and indicate Customer's acceptance of during the domain name registration process. In the case of gTLDS (global Top Level Domains, including but not limited to .com, .net,.org, .biz, and .info), the dispute policy is the ICANN Domain Name Dispute Policy, which is posted at http://www.icann.org/udrp. 

L. Welcome Page.
Customer consents to ABC's activation ("parking") of the registered domain name on a "Welcome Page" containing a notice, "Welcome to the Future Website of domain name." Such "Welcome Page" indicates that ABC registered the domain name, and links to ABC Websites.  This "Welcome Page" may be replaced by the Customer when the Customer contracts for Web hosting and posts Customer's own content.

M. Domain name search process.
ABC endeavors to make the domain name availability search process reliable; however, ABC does not guarantee availability of domain names or the accuracy or security of the WHOIS system. The registration process is not complete until the domain name requested by Customer has been registered in Customer's name with the appropriate registry. Because there are delays in the actual registration of a domain name with the appropriate registry, ABC is not responsible if domain names requested by Customer are actually registered to third parties.

N. If Customer has registered a .CO.UK domain name,
Customer must also agree to NOMINET UK's terms and conditions, currently posted at http://www.nominet.org.uk/nominet-terms.html .

MISCELLANEOUS

GOVERNING LAW. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Oregon.

ENFORCEMENT OF AGREEMENT In the event it is necessary for ABC to enforce its rights under this agreement, Customer agrees to pay all fees incurred by ABC (including, but not limited to, attorney's fees and collection agency fees)

AMENDMENT OR WAIVER Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of Customer and an officer of ABC. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

ASSIGNMENT AND SEVERABILITY This Agreement shall be binding upon and inure to the benefit of Customer, ABC and ABC's respective successors, and assigns. Customer may not assign this Agreement without the prior written consent of ABC, which consent will not be unreasonably withheld or delayed. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

NOTICES All notices to Customer hereunder shall be given at the Billing Address provided on the Service Order Form. All notices to ABC hereunder shall be given to:

Automation Business Corp., 8900 SW Burnham St., Suite F-13, Portland, OR 97223.

Any notice hereunder shall be in writing and shall be given by registered, certified or Express mail, or reliable overnight courier addressed to ABC at the address above and to Customer at the address provided in the Service Order Form; or by facsimile to ABC via the above facsimile number and to Customer via the facsimile number provided in the Service Order Form; or by e-mail to the Customer at the e-mail address provided on the Service Order Form. In addition to notice to the above address, Customer must provide notice of its intention to terminate this Agreement by either providing the appropriate data online at http://www.oregonhost.com/html/support.html, by emailing a request for cancellation to webmaster@oregonhost.com, or by mailing (by one of the means described in this section) a cancellation request to Termination Review, Automation Business Corp., 8900 SW Burnham Street, Suite F-13, Tigard, OR 97223. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days after it has been sent, properly addressed and with postage prepaid.

 ENTIRE AGREEMENT This Agreement, and any other document or agreements specifically identified in this Agreement, supercedes all previous representations, understandings or agreements.

SURVIVAL The rights and obligations of the parties in this Agreement that would by their nature or context be intended to survive the expiration or termination of this Agreement shall so survive.

ACCEPTANCE OF SERVICES ACCEPTANCE OF THIS AGREEMENT BY ABC MAY BE SUBJECT, IN ABC'S ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF SERVICE SHALL INDICATE ABC'S ACCEPTANCE OF THIS AGREEMENT. USE OF THE ABC NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER HAS FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT. CUSTOMER FURTHER REPRESENTS AND WARRANTS THAT CUSTOMER IS AT LEAST 18 YEARS OF AGE, AND THAT CUSTOMER IS NOT LOCATED IN A COUNTRY SUBJECT TO U.S. EMBARGOES, OR LISTED ON THE U.S. TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS, OR LISTED ON U.S. COMMERCE DEPARTMENT'S DENIED PERSONS LIST OR ENTITIES LIST.
 

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