URL FORWARDING AGREEMENT
This URL Forwarding Agreement ("Agreement") sets forth the terms
and conditions of your use of Capstone Services, Inc.'s ("capstoneredirect.com")
URL Forwarding services to link a domain name registered through other services
to an existing Web site ("forward to address"). You acknowledge
that you agree to be bound by any rules or policies that are or may be published
by capstoneredirect.com from time to time concerning URL Forwarding. This Agreement
will become effective when accepted by capstoneredirect.com. CapstoneRedirect.com may
elect to accept, reject, or terminate this URL Forwarding Agreement for
any reason, at its sole discretion, such reasons including, but not limited
to, rejection due to a request for forwarding of an invalid domain name,
forwarding to an invalid address.
1. Limitation of Liability
YOU AGREE THAT CAPSTONEREDIRECT.COM WILL NOT BE LIABLE FOR ANY (a) SUSPENSION
OR LOSS OF URL FORWARDING SERVICE, (b) USE OF THE URL FORWARDING SERVICE,
(c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY URL FORWARDING; (e) DATA
NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(f) EVENTS BEYOND OANBDIRECT.COM'S REASONABLE CONTROL; OR (g) THE PROCESSING
OF THIS APPLICATION. OANBDIRECT.COM 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 OANBDIRECT.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OANBDIRECT.COM'S MAXIMUM
AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION
OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS
($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES,
OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
2. Indemnification of CapstoneRedirect.com
You agree to defend, indemnify and hold harmless capstoneredirect.com for any
loss, damages or costs, including reasonable attorneys' fees, resulting
from any third party claim, action, or demand related to the use of the
URL Forwarding service. This indemnification is in addition to any indemnification
required under the Dispute Policy.
3. Representations and Warranties
You represent that, to the best of your knowledge and belief, neither
your registration for the URL Forwarding service 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 URL Forwarding application is accurate.
ALL URL FORWARDING 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 OUR URL FORWARDING 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, CAPSTONEREDIRECT.COM
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THIS
AGREEMENT OR THE USE OF ANY DOMAIN NAME FORWARDING SERVICE PROVIDED BY
THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR URL FORWARDING
SERVICE, OR FROM SUSPENSION OR CANCELLATION OF THE URL FORWARDING SERVICE
REGISTERED FOR BY YOU.
4. Breach and Revocation
CapstoneRedirect.com reserves the right to suspend, cancel, transfer or modify
your URL Forwarding service in the event (a) you materially breach this
Agreement and do not cure such breach within thirty (30) days of notice
by register.com, (b) you use the URL Forwarding service to send unsolicited
commercial advertisements in contradiction to either applicable laws or
customary acceptable usage policies of the Internet, (c) you use your
URL Forwarding service in connection with unlawful activity, or (d) in
the sole discretion of oanbdirect.com, grounds arise for such suspension,
cancellation, transfer or other modification as provided for in this Agreement.
5. Governing Law
This Agreement, including your rights and obligations and all actions
contemplated by this Agreement shall be governed by the laws of the United
States of America and the State of Washington, as if the Agreement was
a contract wholly entered into and wholly performed within the State of
Washington. Any action to enforce this Agreement or any matter relating
to your use of the oanbdirect.com site shall be brought exclusively in
the United States District Court for the District of Washington, or if
there is no jurisdiction in such court, then in a state court in Stevens
County.
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