6.1. Services To Be Performed
The Company agrees to perform domain name search and registration services for the Buyer as provided in and subject to the terms and conditions of this Contract.
Buyer shall be responsible for, within 30 business days from the date of this Contract, providing Registrant with a list of 10 and no more than 10 desired domain names, listed in order of preference.
Upon receipt of the above referenced list of desired domain names, Company shall search such names for availability in order of preference stated by the Buyer. Company shall search such desired names until the first such name is shown to be available. Upon determining that the first such name is available, Company is hereby given the authority as Buyer’s agent and attorney in fact, to take all steps necessary to register such domain name.
In consideration of the services to be performed by the Company hereunder, Buyer agrees to pay upon execution of this Contract and prior to the Company performing any services hereunder, a monthly amount include in the Buyer’s Plan. Additionally, upon execution hereof, Buyer shall pay Company a monthly amount include in the Buyer’s Plan to cover the fee for initial registration of such domain name.
Company acknowledges and agrees that shall not own any right, title or interest in and to any registered domain name pursuant to this Agreement and that the domain name registered for Buyer shall be owned by the Buyer and not by the Company. Buyer acknowledges that this agreement can only be made as between the potential rights of Buyer and Company and that Company cannot represent that a third party will not have or claim right in and to any domain name that is registered under the terms of this Agreement.
6.4. Availability Of The Domain Names
In the event that none of the domain names on Buyer’s list are available for registration, Company shall inform Buyer of this fact. Thereafter, Buyer shall be responsible for providing another listing of 10 to 10 desired names. Upon receiving the second list of desired names, Company shall search such names and register the first available name based upon the Buyer’s ordered preference. If no name is available following the search of the second list of names, Registrant shall so inform the Buyer and the Company shall have no further obligations to the Buyer with respect to the domain name. Upon receipt of such notification, Buyer shall elect whether to continue with the search process, in which event another service fee shall be payable to the Company, less any amount paid to the Company for the price of the domain name. Upon election to continue with the process, Buyer shall submit another list of desired names listed in order of preference along with payment of the second service fee. Upon receipt of the new preference list and the second services fee, the registration process described above shall be reinitiated. If Buyer does not wish to go forward upon receipt of the notice that the desired names are not available after providing two desired lists, the service fee shall be retained by the Company for services rendered and the Buyer shall be entitled to a refund of any amount paid to Company for the actual cost of paying for the registration to a third party.
Following registration of a desired domain name, Company shall inform the Buyer and provide the Buyer with all relevant registration information, numbers and passwords.
Buyer represents, warrants, acknowledges and agrees that Company cannot guarantee that any desired name will be available for registration. Company is not responsible for any third party who may have registered or in the future may register any of the names desired by the Buyer or the assertion of any rights in and to such names by any third party.
The Buyer represents and warrants to the Company that the names provided on any preference list shall not infringe upon the trademarks or other proprietary rights of any other party and that the Buyer is the bona fide owner of all proprietary rights associated with each such name. Buyer acknowledges that Company has informed Client that a comprehensive common law trademark search should be performed prior to selecting any domain name for registration to determine whether such name could infringe upon the proprietary or trademark rights of any third party. The Buyer hereby represents, warrants and agrees that it has had a trademark search performed with respect to such name and that Buyer assumes any and all responsibility or liability that may arise from the registration and/or use of any domain name registered. Buyer shall indemnify and hold Company harmless from and against any assertion of potential proprietary rights by any third party, including but not limited to attorney fees in addressing any such situation. Notwithstanding the above, Company does not assume any responsibility for addressing any claimed infringement that may arise from the registration or use of any domain name that is registered.
Buyer shall be responsible for renewing any domain name registered hereunder and Company shall have no obligation to provide renewal services or to inform Buyer of any necessary renewals.
Buyer acknowledges and agrees that Company’s services provided hereunder are provided on an as is basis, without warranty of any kind, including, but not limited to, any express or implied warranties of merchantability or fitness for a particular purpose. Buyer further agrees that Company shall not be liable for any loss of profits, loss of use, business interruption or any direct, indirect, incidental or consequential damages of any kind to any party, including but not limited to the Buyer.