[ URL ftp://rs.internic.net/templates/account-template.txt ] [ 10/95 ] ******************* Please DO NOT REMOVE Version Number ********************* Account Version Number: 1.0 **************** Please see attached detailed instructions ****************** Customer Information 1a. NIC Handle (if known)..........: 1b. Name (Last, First).............: 1c. Organization Name..............: 1d. Street Address.................: 1e. City...........................: 1f. State..........................: 1g. Postal Code....................: 1h. Country........................: 1i. Phone Number...................: 1j. E-Mailbox......................: Payment Method 2a. (CH)eck, (CR)edit Card.........: 2b. Amount.........................: Credit Card Payment Information 3a. (V)isa, (M)astercard, or (A)mex: 3b. Credit Card Number.............: 3c. Name on Credit Card............: 3d. Expiration Date................: 3e. Authorized Signature and Date..: Monthly Statement Delivery 4. (E)mail (P)ostal Mail..........: Make SURE you read the instructions below, agree to the conditions, fill out the address information and sign at the bottom of the form. GENERAL INSTRUCTIONS The form above serves as an application for establishing an account with InterNIC Registration Services. After your application and initial payment are received, you will be notified by mail of your 5-digit account number. You may then charge your registration and renewal fees against your account. To do this, simply write your account number in Section 6 of your invoice. You will receive monthy statement by the method of delivery indicated in Section 4 of this template. It is your responsibility to maintain a balance in your account. This form and your payment should be remitted by postal mail or fax. The mailing address is: InterNIC Registration Services P.O. Box 1656 Herndon, VA 22070 The fax number is: 703-742-4811 Please do not remit information electronically across the internet. IT WILL NOT BE ACCEPTED IN THAT FORMAT. We do not store any kind of financial data on any internet-connected machines. Please do not modify the form nor remove the version number. The instruc- tions for completing each field follow. Please read the instructions carefully and make sure the form is properly completed to accomplish the action you desire. Section 1 - Customer Information Indicate the billing contact's name information in items 1a - 1j. The billing contact is a person who can answer non-technical questions related to invoices and payments. This person should have knowledge of registered domains and should be involved to some degree in the payment of those domains. Monthly account statements will be sent to the billing contact. Section 2 - Payment Method Indicate the payment method you prefer in item 2a. Enter "CH" or the word "CHECK" if paying by check. Enter "CR" or the word "CREDIT" if paying by credit card. Enter the dollar amount you are paying in item 2b. Section 3 - Credit Card Payment Information If paying by check, this section should be left blank. If paying by credit card, indicate the name of the credit card in item 3a. Please use either a "V" (or the word "VISA"), an "M" (or the word "MASTERCARD") or an "A" (or the word "AMEX.") List your credit card number is item 3b. The name, as it appears on your credit card, should be written in item 3c. List the credit card expiration date in item 3d. Your signa- ture and date should appear in item 3e. Section 4 - Monthly Statement Delivery Enter E if you desire email delivery of your monthly statement report or P for postal mail delivery. InterNIC Registration Services - ISP Account Application and Agreement As used herein, "Registrar" shall refer to InterNIC Registration Services and its assigns. "ISP" shall refer to the Internet Service Provider that is the signatory to this Account Application and Agreement (the "Agreement"). Pursuant to the terms and conditions set forth in this Agreement and the most recent version of the "Policy Regarding Fees for Registration and Maintenance of Domain Names" (the "Policy") as posted at: http://rs.internic.net/announcements/fee-policy.html, or ftp://rs.internic.net/policy/internic/internic-domain-3.txt. The ISP shall make advance payments to the Registrar for the purpose of establishing and maintaining an Account from which Maintenance and Registration Fees for Domain Names may be deducted by the Registrar. The ISP may establish such an Account by payment of a minimum balance of $1,000.00 to the Registrar. The Registrar shall have the right to debit the Account as provided below. ISP shall be responsible for maintaining a balance in the Account sufficient to cover its transactions. Registrar will send ISP a monthly statement of the Account. Registrar will also provide a current Account balance to an authorized representative of ISP if requested in writing. The ISP shall not earn, and the Registrar shall not be required to pay, any interest on the balance maintained in the Account. The Registrar shall invoice the ISP in accordance with the Policy. All payment of Registration Fees and Maintenance Fees must be accompanied by the hardcopy InterNIC Registration Services Invoice (the "Invoice"). For multiple Domain Name applications, the ISP must indicate on the Invoice the Domain Names for which payment is being made. Registration Fees are due on or before the Registration Due Date established by the Policy and specified on the Invoice. Maintenance Fees are due on or before the Maintenance Fee Due Date established by the Policy and specified on the Invoice. The Registrar will not process payments unless the Domain Names are properly identified, and will not process payments which are insufficient to cover the payment due for Domain Name(s) registration or renewal. The Registrar will not process a Domain Name application or renew a domain name if the Account has insufficient funds. Failure to resubmit proper payment by the due date will result in the Domain Name being treated as if no payment was received. The consequences of the failure to pay the Registra- tion Fee on or before the Registration Due Date or the failure to pay the Maintenance Fee on or before the Maintenance Fee Due Date are set forth in the Policy, as amended from time to time. The Registrar may only use the Account to pay Registration Fees and Maintenance Fees as authorized herein. All payments of Maintenance Fees and Registration Fees from the Account to the Registrar are non-refundable, whether or not ISP has received payment from the Applicant or Domain Name Holder. The ISP agrees to include this notice on all applications given to its customers for Domain Name registration or payment of Maintenance Fees: "The registration and maintenance of domain names in the COM, NET and ORG domains are subject to registration and maintenance fees. You and not (ISP's Name) are responsible for the payment of such fees to the Registrar. Any failure by the ISP to pay such fees to the Registrar may result in the loss of use of your domain name." The ISP shall defend, indemnify and hold harmless the (i) Registrar, its officers, directors, employees and agents; (ii) National Science Foundation ("NSF"), its officers, directors, employees and agents; (iii) the Internet Assigned Numbers Authority ("IANA"), its officers, directors, employees and agents; (iv) the Internet Activities Board ("IAB") its officers, directors, employees and agents; (v) the Internet Society ("ISOC"), its officers, directors, employees and agents; and (vi) the officers, directors, employees and agents of the Registrar's parents and subsidiaries (collectively the "Indemnified Parties") for any loss, damage, expense or liability resulting from any claim, action or demand (including reasonable attorneys' fees and costs) arising out of or related to the Agreement or the non-activation or suspension of a Domain Name. IN NO EVENT WILL THE REGISTRAR BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR 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, EVEN IF THE REGISTRAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE REGISTRAR'S MAXIMUM LIABILITY TO ANY PARTY UNDER THE POLICY EXCEED FIVE HUNDRED DOLLARS ($500). Any dispute arising out of this Agreement or regarding the payment or non- payment of Registration Fees and/or Maintenance Fees shall be resolved by binding arbitration by the American Arbitration Association under its commercial rules then in effect in San Diego, California (hereinafter "AAA"). A single arbitrator shall be selected according to AAA rules within thirty (30) days of submission of the dispute to AAA. The arbitrator shall conduct the arbitration in accordance with the California Evidence Code and shall apply the substantive laws of the State of California, without regard for California's choice of law rules. The arbitration award may be enforced in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, the parties irrevocably submit to the non-exclusive jurisdiction of the Superior Court of the State of California, San Diego County, and the United States District Court for the Southern District of California, in any action to enforce an arbitration award. Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. Notice shall be sent in accordance with section 14 of this Agreement. The Registrar may terminate this Agreement upon five (5) days prior written notice if ISP breaches any of its obligations under this Agreement and fails to cure such breach within such five day period. Within thirty (30) days of termination, the Registrar shall return the remaining monies in the Account to ISP, less any fees due for establishing, maintaining, and terminating the Account. ISP shall not be permitted to order payment of any Registration Fees or Maintenance Fees upon receipt of a notice of termination from Registrar. Any notice provided for or permitted under this Agreement will be treated as having been given when sent to the Internet address provided below, or mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the address set forth below: If to Registrar: InterNIC Registration Services P.O. Box 1656 Herndon, VA 22070 Attn: Billing Supervisor If to ISP: Attn: Except for notices sent to the Internet address, such notice will be treated as having been received upon the earlier of actual receipt or five (5) days after posting. The failure of the Registrar to insist upon or to enforce strict performance by the ISP of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions or this Agreement. The Registrar may assign this Agreement to any person to whom it transfers all or substantially all of its rights in the registering Domain Names. The ISP may assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under this agreement (other than the right to receive payments) without the Registrar's prior written consent (which will not be unreasonably withheld), and any attempt to do so without that consent will be void. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns. The Registrar reserves the right to modify this Agreement by giving thirty (30) days written notice to the ISP. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California as applied to agreements entered into and to be performed entirely within California between California residents. This Agreement, including the Policy that is incorporated by reference, constitutes the entire agreement between Registrar and the ISP relating to this subject matter and supersedes any other representations, understandings, and agreements, whether written or oral. This Agreement may not be modified except I writing by the Registrar. Signature _______________________________________________ Date ____________________