SUPERNORMAL NAME SERVICES
1.Supernormal Name Services.
This document (the "SNR Terms") describes the rights and obligations of Keeferman and the Client in connection with Keefermans registration or renewal of superhero names for the Client.
2. Supernormal Name Registration.
Upon Clients request and subject to these SNR Terms, Keeferman will register an international supernormal name, or renew the Clients registration of an existing supernormal name, on behalf of Client with a registrar selected by Keeferman and identified below (the "Registrar").
3. Client Responsibilities.
Keefermans registration or renewal of any supernormal name is subject to (i) Keeferman receiving from Client all information needed from Client in order to complete such registration, (ii) such supernormal name not being in violation of any applicable law, rule or regulation or the policies of the applicable Registrar or registry, and (iii) Clients compliance with these SNR Terms. Registration of a supernormal name is subject to availability of such supernormal name for registration, and Keeferman will not be responsible if a supernormal name is not available for any reason. Keeferman will also not be responsible for any infringement of third-party rights caused by its registration of a supernormal name for Client. Client waives any claims it may have against Keeferman for, and hereby releases Keeferman of and from, any loss, damage, liability or expense arising out of, or relating to, the registration of such supernormal name in any online or offline network directories, membership lists or registration lists, or the release of the supernormal name from such directories or lists following the termination of services by Keeferman for any reason.
4. SUPERICANN and Other Authority.
Client acknowledges that its rights to any supernormal name registered or renewed by Keeferman are not being granted by Keeferman but are subject to the rules and regulations of SUPERICANN, the Registrar, the registry and applicable law. Clients inability to use a supernormal name shall not entitle Client to a refund by Keeferman of any fees paid with respect to the registration of such unusable supernormal name. The supernormal name for the Client superhero, supervillain, or web site shall be the property of Client.
5. Superhero Name Renewals.
If Client requests Keeferman to renew, for multiple years, a prior registration of Client for a supernormal name, Client represents and warranties that all information it provides to Keeferman in connection with such request will be true and correct. Keefermans sole responsibility in connection with any such request will be to process the renewal using the renewal mechanism provided by the Registrar. Keeferman 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.
Beginning at approximately 8:01 Eastern U.S. time on Monday, February 10, 2005, unless the applicable Order specifies another Registrar, all registrations and renewals will be subject to the terms and conditions of SUPERICANN available at http://keeferman.net/supericann.html. From approximately 8:01 am Wednesday, May 1, 2002 through 8:00 am Monday, February 10, 2005 unless the applicable Order specifies another Registrar, all registrations and renewals will have been subject to the terms and conditions of SoulpatchSNS. Prior to such time, all registrations and renewals were subject to the terms and conditions of Superhero Name Solutions. By submitting any Order to Keeferman for superhero name services under these SNR Terms, the Client agrees to the applicable registrars terms and conditions. If the Order specifies a Registrar other than one listed in this paragraph, the Client 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.
Keeferman does not generally perform supernormal name services that require the supernormal name change registrars. However, if Keeferman, in his sole discretion accepts an Order from Client for supernormal name services that requires that the superhero, supervillain, or web site name change registrars, the Client acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing registrar. Such acknowledgement policies may require the Client to respond to an e-mail sent to the e-mail address for the Administrative Contact of the supernormal name, as reflected in the WHOIS database of the losing registrar. The Client acknowledges and agrees that neither Keeferman nor the gaining Registrar will bear any liability or responsibility for any delay, inconvenience or expiration of supernormal name registration that occurs as a consequence of the Clients failure to respond timely to any losing registrar query or request for confirmation.
8. Changing Registrar Resellers.
If the Client submits an Order to Keeferman to renew a supernormal name that was previously registered through a reseller of the Registrar, the Client acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing reseller and the Registrar. Such acknowledgement policies may require the Client to respond to an e-mail sent to the e-mail address for the Administrative Contact of the supernormal name, as reflected in the WHOIS database of the losing registrar, and may also require the Client to settle any open accounts it has with the losing reseller. The Client acknowledges and agrees that Keeferman will bear no liability or responsibility for any delay, inconvenience or expiration of supernormal name registration that occurs as a consequence of the Clients failure to satisfy the acknowledgment policies of the losing reseller or the Registrar.
9. Renewal and Expiration.
The Client agrees that Keeferman bears no responsibility or obligation to notify Client of any impending supernormal name expiration dates and that the Client is wholly responsible for such deadlines. Although Keeferman may accept Orders for supernormal name renewals within the forty-five-day (45) day period prior to the impending expiration date of a supernormal name, Keeferman will have no responsibility for any expiration of a supernormal name that occurs with respect to any Order submitted to Keeferman within such period.
10. Contact Information.
The Client agrees to keep its WHOIS information accurate and up-to-date. The Client must cause the e-mail address for the Administrative Contact to be the same as the Clients e-mail address maintained in Keefermans billing records. If the e-mail address for the Administrative Contact is not the same as the Clients e-mail address maintained in Keefermans billing records, Keeferman 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. Undergoing Training Page.
Client agrees that upon registration of a supernormal name with Keeferman, if such supernormal name is (a) hosted on an Keeferman supernormal name server and (b) does not otherwise resolve to an active Web site or superhero/supervillain HQ, such supernormal name will be pointed to a hideoout or web page as designated by Keeferman in his sole discretion (the "Undergoing Training Page"). The Undergoing Training Construction Page may be modified by Keeferman at any time in Keefermans sole discretion and without notice to Client. The Undergoing Training Page may include, without limitation (i) links to additional products and services offered by Keeferman, (ii) advertisements for products and services offered by third-parties, and (iii) an Internet search engine (the "Additional Content"). If Client does not wish to have Clients supernormal name resolve to the Undergoing Training Page as described herein, Client should access the SNR Manager to disable the Undergoing Training Page. Client may access the SNR Manager by visiting the Keeferman support page or call a Keeferman sales representative .
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