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Morocco Domain Names - .MA
REGISTRATION AGREEMENT V1.2
This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of HOOST Communication, Inc.'s ("HOOST Communication ") domain name registration services to register a .MA Internet domain name, your registration of that domain name, as well as other HOOST Communication domain name related services. In this Agreement "you" and "your" refer to each customer and "we", "us" and "our" refer to HOOST Communication through its website Internic.ma. This Agreement explains our obligations to you, and explains your obligations to us for various HOOST Communication services. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional HOOST Communication service(s) or to cancel your HOOST Communication service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the service(s) provided by HOOST Communication under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any pertinent rules or policies that are or may be published by HOOST Communication .
This Agreement will become effective
when accepted by HOOST Communication . HOOST Communication may elect to accept
or reject your domain name registration application for any reason at its sole
discretion, such rejection including, but not limited to, rejection due to a
request for registration of a prohibited domain name.
1. Our Services.
HOOST Communication is an accredited registrar for MA Top Level Domain Names (TLDs), currently .ma, .co.ma, .net.ma, .org.ma, .press.ma and .ac.ma. As an accredited domain name registrar, HOOST Communication is, upon accepting your domain name registration application, your sponsor for that application. All domain name registrations we register for TLDs are not effective until we have delivered the domain name registration information you provide us to the registry administrator for the TLDs, as applicable, and the registry administrator puts into effect your domain name registration. Currently, the available extensions are: .ma, .co.ma, .net.ma, .org.ma, .press.ma, .gov.ma and .ac.ma.
You agree and acknowledge that HOOST Communication is not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to your application and receipt of, or failure to receive, a domain name registration.
You further agree to indemnify, defend and hold harmless the registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, your domain name registration.
2. What We Do Not Do.
We cannot and do not check to see
whether the domain name you select, or the use you make of the domain name,
infringes legal rights of others. We urge you to investigate to see whether
the domain name you select or its use infringes legal rights of others, and
in particular we suggest you seek advice of competent counsel. You may wish
to consider seeking one or more trademark registrations in connection with your
domain name. You should be aware that there is the possibility we might be ordered
by a court to cancel, modify, or transfer your domain name. You should also
be aware that if we are sued or threatened with lawsuit in connection with your
domain name, we may turn to you to hold us harmless and to indemnify us.
As consideration for the domain
name registration services and/or other services provided by HOOST Communication
to you, you agree to pay HOOST Communication , prior to the effectiveness of
the desired domain name registration, the applicable service(s) fees for the
initial registration of the domain name and, should you choose to renew the
registration, subsequent renewals of the registration. All fees are non-refundable,
in whole or in part, even if your domain name registration is suspended, cancelled
or transferred prior to the end of your then current registration term. Your
requested domain name will not be registered unless we receive actual payment
of the registration fee, or reasonable assurance of payment of the registration
fee from some other entity (such reasonable assurance as determined by HOOST
Communication in its sole discretion). As further consideration for the HOOST
Communication service(s), you agree to: (1) provide certain current, complete
and accurate information about you as required by the registration process and
(2) maintain and update this information as needed to keep it current, complete
and accurate. All such information shall be referred to as account information
("Account Information"). In the event of a charge back by a credit card company
(or similar action by another payment provider allowed by us) in connection
with the payments of the registration fee for your domain name registration,
you agree and acknowledge that the domain name registration shall be transferred
to HOOST Communication as the paying entity for that registration to the registry.
We will reinstate your domain name registration solely at our discretion, and
subject to our receipt of the initial registration or renewal fee and our then-current
reinstatement fee, currently set at 200 Euro. You will be notified via an email
message or via your account information when renewal fees are due. Should these
fees go unpaid within the time specified in a second notice or reminder regarding
renewal, your registration will be cancelled. Payment must be made by credit
card or such other method as we may indicate in the registration application
or renewal form. We will renew your name for you provided your credit card or
other billing information is available and up to date, unless you instruct us
otherwise within the time specified. If your billing information is not accurate
and you wish to renew your domain name registration, we will contact you to
update this information and charge you accordingly.
4. Modifications to HOOST Communication
's Registration Agreement and Dispute Policy.
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on HOOST Communication 's web site, or on notification to you by e-mail. You agree to review HOOST Communication 's web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail at email@example.com or mail postal service. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the HOOST Communication services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Dispute Policy at any time. Your continued use of the domain name registered to you shall constitute your acceptance of this Agreement with the new modifications. You acknowledge that if you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy.
5. Account Information and Its Use.
a. Information You Are Required to Submit.
The domain holder shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the domain registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the domain holder; name of authorized person for contact purposes in the case of an domain holder that is an organization, association, or corporation; and the the IP addresses of the primary nameserver and secondary nameserver(s) for the domain;The corresponding names of those nameservers; The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the domain; and the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the domain.
You agree and acknowledge that when
you renew your domain name registration, the type of information you are required
to provide may have changed. If you do not wish to provide the new required
information, your registration may not be renewed.
All other information which we may request from you at registration is voluntary. However, not providing the requested information may prevent you from obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.
HOOST Communication will not process the account information collected from the domain holder in a way incompatible with the purposes and other limitations about which it has provided notice to the domain holder.
HOOST Communication will take reasonable
precautions to protect account information from loss, misuse, unauthorized access
or disclosure, alteration, or destruction.
b. Additional Information Maintained About Your Registration.
In addition to the information you
provide, we maintain records relating to your domain name registration. These
records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application to us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
iv. Records of account for your domain name registration, including dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name;
viii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding all other activity between you and us and third parties relating to your domain name registration and related services.
c. Your Obligations Relating to the Account Information.
In the event that, in registering the domain name, you are providing information about or on behalf of a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. By registering a name or applying for services you also represent that the statements in its application are true and you also represent that the Domain Name is not being registered for any unlawful purpose.
You acknowledge 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 your domain name registration. You further agree that your
failure to respond for over 15 calendar days to inquiries by HOOST Communication
concerning the accuracy of contact details associated with your registration
shall constitute a material breach of this Agreement and will be sufficient
basis for cancellation of your domain name registration.
You agree and acknowledge that HOOST Communication will make available domain name registration information you provide or that we otherwise maintain to registry, to the registry administrator(s), and to other third parties as the registry and applicable laws may require or permit. You further agree and acknowledge that HOOST Communication may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our "whois" service) or for targeted marketing and other purposes as required or permitted by registry and applicable laws.
Additionally, you acknowledge that registry may establish guidelines, limits and/or requirements that relate to the amount and type of information that HOOST Communication may or must make available to the public or to private entities, and the manner in which such information is made available.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration and other information by HOOST Communication .
You may access your domain name
registration information in our possession to review, modify or update such
information, by accessing your account at our web site (http://www.internic.ma),
or via a similar service. In order to change any of your account information
with us, you must use your Account Identifier and Password that you selected
when you opened your account with us. Please safeguard your Account Identifier
and Password from any unauthorized use. You agree that any person in possession
of you Account Identifier and Password will have the ability and your authorization
to modify your account information. In no event will we be liable for the unauthorized
use or misuse of your Account Identifier or Password. HOOST Communication will
take reasonable precautions to protect the information it obtains from you from
our loss, misuse, unauthorized access or disclosure, alteration or destruction
of that information.
6. Ownership of Information and Data.
You agree and acknowledge that HOOST Communication owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. HOOST Communication does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.
7. Agents and Licenses.
You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.
You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. An domain holder licensing use of an domain according to this provision shall accept liability for harm caused by wrongful use of the domain.
We reserve the right to distribute
information to you that is pertinent to the quality or operation of our services
and those of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes, upgrades,
new products or other information to add security or to enhance your identity
on the Internet
9. Limitation of Liability.
YOU AGREE THAT HOOST Communication WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND HOOST Communication 'S CONTROL; (8) THE PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. HOOST Communication ALSO WILL NOT BE LIABLE FOR 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 HOOST Communication HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HOOST Communication 'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME.
You agree to release, indemnify, and hold HOOST Communication , its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the HOOST Communication services provided hereunder or your use of the HOOST Communication services, including without limitation infringement by you, or someone else using any HOOST Communication service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any HOOST Communication operating rule or policy relating to the service(s) provided. When HOOST Communication is threatened with suit by a third party, HOOST Communication may seek written assurances from you concerning your promise to indemnify HOOST Communication ; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.
11. Representations and Warranties
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, HOOST Communication MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HOOST Communication 'S E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. HOOST Communication MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOOST Communication OR THROUGH THE E-MAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Breach and Revocation
HOOST Communication reserves the right to suspend, cancel, transfer or modify your domain name registration or suspend, cancel or modify other services we provide in the event (a) you materially breach this Agreement and do not cure such breach within thirty (30) days of notice by HOOST Communication , (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (c) you use your domain name in connection with unlawful activity, or (d) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any registry procedure, by any registrar (including HOOST Communication ) or registry administrator procedures, (1) to correct mistakes by HOOST Communication , another registrar or the registry administrator in administering the name or (2) for the resolution of disputes concerning the domain name.
You also agree that HOOST Communication shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as HOOST Communication receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
13. Right Of Refusal.
We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other HOOST Communication service(s), or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other HOOST Communication service(s), or we delete your domain name or other HOOST Communication service(s) within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other HOOST Communication service(s)
You agree that any notices required to be given under this Agreement by HOOST Communication to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
This Agreement constitute the complete and exclusive agreement between you and HOOST Communication , and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of HOOST Communication to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by HOOST Communication of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Policy shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Policy unenforceable or invalid as a whole. HOOST Communication will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of HOOST Communication as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of HOOST Communication.
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