Street Smart Incorporated- Terms Of Service

Street Smart Inc., (hereinafter "Street Smart Inc.") is affiliated with a registrar (hereinafter "Registrar") that is accredited by the Internet Corporation for Assigned Names and Numbers ("ICANN"). This Registration Agreement, ("Agreement"), sets forth the terms and conditions agreed to between you (whether directly or through your agent, or as an agent for another person or entity), and Street Smart Inc., relating to the registration, renewal, transfer, or modification of one or more .com. .net, or .org Top Level Domain Name ("TLD's") in both roman-alphabet languages and non-roman alphabet languages (e.g. Japanese, Korean, Chinese Traditional and Chinese Simplified). In this Agreement, "we", "us", and "our" shall refer to Street Smart Inc. and "Registrant", "you", "your", or "Customer" shall refer to the person or entity that is using Street Smart Inc. registration services.

You (whether directly or through your agent, or as an agent for another person or entity) acknowledge that you have read, understood and agree to be bound by all the terms and conditions of this Agreement.

1. FEES You agree that upon submission of your domain name registration application, domain name renewal application, or registrar transfer application, to pay us our then current service fees. We reserve the right to prospectively change our fees or to institute new fees at any time, for any reason, at our sole discretion and you agree to be bound by any fee increase.

1.1 Fees are Non-Refundable. All fees are due at the time of registration and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.

1.2 Renewal Fees. You will be notified that renewal fees are due at least sixty (60) days prior to the expiration date of a domain name registration. You will receive additional notifications as the expiration date approaches. Should you fail to renew or cancel your domain name registration by the expiration date, your domain name registration shall AUTOMATICALLY EXPIRE! There is no grace period and under no circumstances will Street Smart Inc. be able to renew the domain after the automatic expiration. Any renewal of our services is subject to our then current terms and conditions, the payment of all applicable service fees at the time of renewal, and the domain name registry's acceptance of the renewal of your domain name registration.

1.3 Credit Card Charge Backs. In the event of a charge back by a credit card company or other non-payment by you in connection with your registration, renewal, or registrar transfer fee, you acknowledge and agree that the domain name registration shall be transferred to the Registrar, that the Registrar shall be deemed the entity that paid the registration, renewal, or transfer fee, and that the Registrar shall have all rights regarding such domain name including, but not limited to, the right to sell the domain name to a third party. Registrar may, in its sole discretion, reinstate your domain name registration upon its receipt of the registration or renewal fee and a US $200 reinstatement fee.

2. REGISTRATION INFORMATION You acknowledge and agree that in order for us to provide you domain name registration and related services, you must provide us with certain information and that we will maintain certain information about you and your registration.

2.1 Required Information During the domain name registration process, you must provide us the following ICANN required information:

(a) The domain name being registered;

(b) The IP addresses and the names of the primary nameserver and the secondary nameserver for the domain name;

(c) Your full name (or the name of the authorized person for contact purposes if the domain holder is an organization, association, or corporation), postal address, email address, voice telephone number, and fax number (if available) of the administrative contact for the domain name;

(d) The full name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name.

You acknowledge and agree to promptly update this information and to keep it current, complete, and accurate. You also acknowledge and agree that when you renew a 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, we, in our discretion, may not renew your registration.

2.2 Additional Registration Information

In addition to the information you are required to provide in clause 2.1 of this Agreement, the Registrar will maintain additional information relating to your domain name registration, including:

(a) the original creation date of a domain name registration, renewal or request for service;

(b) the submission date and time of a registration or renewal application to us and by us to the appropriate registry;

(c) communications constituting registration orders, renewals, modifications, or terminations and related correspondence;

(d) records of account, including dates and amounts of all payments;

(e) the expiration date of the registration; and

(f) other information regarding all other activity between you and us
regarding your domain name registration and related services.

2.3 Disclosure of Third Party Information If, in applying for the registration of a domain name you are providing information about a third party, or if you license a domain name registered in your name to a third party, you hereby represent and warrant 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.

2.4 Obligation To Provide Accurate Information You acknowledge and agree that any of the following actions or in-actions shall constitute a material breach of this Agreement and shall be a sufficient basis for cancellation of your domain name registration:

(a) your willful provision of inaccurate or unreliable information;

(b) your willful failure to promptly update information you provided to us, or

(c) your failure to respond for over fifteen (15) calendar days to our inquires concerning the accuracy of contact details associated with your domain name registration.

2.5 Disclosure and Use of Information Street Smart Inc. will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorized access or disclosure, alteration or destruction.

You acknowledge, consent and agree that the information you provided Street Smart Inc. in the domain name registration application will be: (i) transmitted to the Registrar for Registrar use and to the registry or registry administrator for registry use; and (ii) made publicly available as required by ICANN.

We agree that we will not process any Personal Data collected from you, if any, in a way that is incompatible with the purposes and other limitations set forth in this Agreement.

3. DOMAIN NAME DISPUTE POLICY You agree to be bound by our Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The current Dispute Policy can be found clicking here.

You agree that we, in our sole discretion, may modify our dispute policy. Your continued registration of your domain name or the use of any of our other domain name services after modification to the Dispute Policy becomes effective, shall constitute your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be cancelled or transferred. No refunds, in whole or in part, will be provided for domain names that are cancelled or transferred. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold both us and the Registrar harmless pursuant to the terms and conditions set forth below in this Agreement.

4. AGENTS. You agree that, if you are registering, renewing, transferring, or modifying a domain name for 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 accept liability for harm caused by wrongful registration, renewal, transfer or modification of a domain name.

You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund any fees paid, in whole or in part, by you or your agent on your behalf for any reason, including, but not limited to, in the event that your agent fails to comply with the terms and conditions of this Agreement, your agent incorrectly provides information in the domain name registration process or if your agent changes or otherwise modifies your domain name record incorrectly.

5. LICENSE OF DOMAIN NAMES. You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and you remain responsible for (i) providing your own full contact information; (ii) providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with your domain name and domain name registration; and (iii) all other obligations under this Agreement, including but not limited to payment obligations.

You shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.

6. REGISTRAR TRANSFER Registrant agrees that it can transfer one or more domain name registration(s), in accordance with ICANN or registry policy, from or to a Registrar. Registrant also acknowledges and agrees that express authorization from someone with apparent authority to legally bind the domain name holder is required before such a transfer can occur. You can authorize the transfer of a registration to Registrar by completing the Registrar Transfer Application.

You agree that you shall not transfer your domain name registration until sixty days have elapsed from the time of initial domain name registration. You agree that the transfer of domain name registrations may be refused if there is a dispute concerning the domain name or the domain name holder's identity.

7. OWNERSHIP CHANGE You agree that in the event you request the transfer of your domain name ownership, you shall relinquish the domain name registration being transferred, release Street Smart Inc. and Registrar from all of its obligations under this Agreement, and release Street Smart Inc. and Registrar from any and all liabilities, demands, and claims related to such a transfer of domain name ownership. (Click here to request an ownership change).

8. MANAGE YOUR DOMAIN NAME REGISTRATION INFORMATION. If you have registered a domain name with Street Smart Inc. or transferred a domain name to Street Smart Inc. , you may change any of the domain name registration information at any time. You must use the Username and the Password that you selected when you registered or transferred your domain name with us. Please safeguard your Username and Password from any unauthorized use. In no event will Street Smart Inc. or Registrar be liable for the unauthorized use or misuse of your Username or Password.

9. NO GUARANTY OF REGISTRATION OR RENEWAL. You acknowledge and agree that Street Smart Inc. cannot guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that the desired domain name is available, because Street Smart Inc. cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being registered by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name. You further acknowledge and agree that Registrar may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name.

10. REPRESENTATIONS and WARRANTIES You represent and warranty to us that (i) the statements that you made in connection with the registration, renewal, management, or transfer of a domain name are complete and accurate, and that any future changes to this information will be provided to us in a timely manner; (ii) to the best of your knowledge and belief, neither the registration of the domain name for which you have applied for, renewed, managed, or transferred nor the manner in which you intend to use the domain name you applied for, renewed, managed, or transferred, directly or indirectly infringes upon or otherwise violate the legal or equitable rights of any third party; (iii) it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights; (iv) you are not registering, renewing, managing, or transferring the domain name for an unlawful purpose and you will not knowingly use the domain name in violation of any applicable laws or regulations; (v) you agree that your use of our service(s) is solely at your own risk and that all of our services are provided on an "as is," and "as available" basis;

11. LIMITATION OF LIABILITY You agree that the entire liability of Street Smart Inc. and/or Registrar, and your exclusive remedy, with respect to any of our services provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s). YOU FURTHER AGREE THAT, REGARDLESS OF CIRCUMSTANCES, NEITHER Street Smart Inc. NOR REGISTRAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, 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 Street Smart Inc. OR REGISTRAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF Street Smart Inc.'S SERVICES OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES. If a jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, then Street Smart Inc. and Registrar liability for consequential or incidental damages in such jurisdiction is excluded or limited to the extent permitted by law. Street Smart Inc. and Registrar disclaim any and all loss or liability to you, or any other person or entity, resulting from, but not limited to: (a) Suspension, loss, or modification of your domain name registration; (b) Use of your domain name registration; (c) Interruption of your business; (d) Access delays or access interruptions to any web sites accessed by your registered domain name; (e) Non-delivery, mis-delivery, corruption, destruction or other modification of data; (f) Processing your domain name application or other service application; (g) Application of our Dispute Policy or any other ICANN (or similar governmental or successor organization) adopted policies; (h) Any errors, omissions or other actions by the registry administrator arising out of or related to your domain name application, registration, renewal, transfer, or failure to register, renew, or transfer a domain name; (i) Unauthorized use or misuse of your Username or Password; (j) Our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration, renewal, or transfer fee; (k) Deletion of or failure to store e-mail messages; or (l) Acts of God and events beyond our reasonable control;

12. DISCLAIMER OF WARRANTIES. THE SERVICES Street Smart Inc. AND REGISTRAR PROVIDE TO YOU ARE "AS IS." Street Smart Inc. AND REGISTRAR EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. Street Smart Inc. AND REGISTRAR MAKE NO WARRANTY THAT THE SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DO Street Smart Inc. AND REGISTRAR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S). FURTHER, Street Smart Inc. AND REGISTRAR MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU FROM EITHER CHALLENGES TO YOUR DOMAIN NAME REGISTRATION OR USE, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. INDEMNIFICATION. You agree to release, indemnify, defend and hold harmless Street Smart Inc. and Registrar and the applicable registry administrator and their directors, officers, employees, agents, and affiliates from and against any and all claims, loss, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of any and all third party claims, actions, suits, or demands that are related to or arise out of your application for, registration of, renewal of, or transfer of a particular domain name, or failure to register, renew, or transfer, a particular domain name. This indemnification is in addition to any indemnification required under the Dispute Policy or any similar policy. When Street Smart Inc. or Registrar are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement.

14. CHANGES TO THIS AGREEMENT You acknowledge and agree that the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that Street Smart Inc., in its sole discretion, may modify this Agreement, from time to time, to comply with any additional rules or policies that may be required under Registrar's ICANN agreement, or to adjust to changing business circumstances.

We will post any modifications to this Agreement on our Web site at least thirty (30) calendar days before it becomes effective. Your continued registration or the use of any of our other domain name services after modification(s) to this Agreement becomes effective, shall constitute your acceptance of the modification(s). If you do not agree to such a modification, you may request in writing that your domain name be cancelled or transferred. No refunds, in whole or in part, will be provided for domain names that are cancelled or transferred. No provision of this Agreement or our Dispute Policy, may be amended or modified by you except by means of a written document signed by us.

15. CANCELLATION, SUSPENSION, TRANSFER OR MODIFICATION You agree that we may cancel, suspend, transfer or modify your domain name registration services in order to: (i) correct mistakes made by us, the Registrar, or the registry in registering your chosen domain name; (ii) to resolve a dispute under our Dispute Policy; (iii) to abide by any ICANN or registry adopted policy; or (iv) prevent high volume, automated, electronic, repetitive queries except as reasonably necessary to register SLD names or modify existing registrations. If your registration is cancelled as a result of us correcting a mistake made by us in registering your chosen domain name, we will refund, in whole, any fees paid by you to Street Smart Inc..

You also agree that Registrar has the right to suspend, cancel, transfer, or otherwise modify a domain name registration pursuant to 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.

16. BREACH AND REVOCATION. You agree that we reserve the right to cancel, suspend, transfer or modify your domain name registration if you (i) materially breach this Registration Agreement and do not cure such breach within 30 calendar days of notice; (ii) provide false or misleading information, or conceal or omit any information that we would likely consider material to our decision to register or renew your domain name; (iii) use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws; or (iv) you use your domain name in connection with unlawful activity.

17. ASSIGNMENT You shall not assign this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

18. MULTILINGUAL REGISTRATIONS Notwithstanding anything contained herein to the contrary, you acknowledge and agree as follows: A Multilingual Domain Name ("MDN") and the underlying encoding schemes, protocols and other technologies that enable MDNs to function on the Internet, are currently experimental and have not necessarily been approved by Internet standard-setting bodies, including without limitation the Internet Engineering Task Force, the Multilingual Internet Names Consortium, and the Internet Architecture Board. We currently are making MDN registration services available to you as part of our participation in a test bed ("Test Bed"). The test bed is being conducted for the purpose of testing proposed standards for deployment of MDN technology and to provide operational experience with those proposed standards.

WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE ENCODING SCHEMES, PROTOCOLS AND OTHER MDN-ENABLING TECHNOLOGIES, WHETHER PROVIDED BY US OR OTHERWISE, WILL BE APPROVED BY INTERNET STANDARD-SETTING BODIES OR OTHERWISE SUCCESSFULLY DEPLOYED. WE EXPRESSLY DISCLAIM ANY WARRANTY THAT THE TEST BED WILL CONTINUE OR THAT OUR MDN REGISTRATION SYSTEM WILL INTEROPERATE PROPERLY WITH THE CURRENT OR FUTURE TEST BED OR THE MDN-ENABLING TECHNOLOGIES OF OTHERS.

REGISTRANTS WHO REGISTER A MDN DO SO AT THEIR OWN RISK AND ACKNOWLEDGE AND AGREE THAT, UNLESS SPECIFICALLY EXCLUDED, ALL PROVISIONS OF THIS AGREEMENT SHALL APPLY TO THE REGISTRATION OF AN MDN.
You assume all risks inherent in the experimental nature of this service and the technologies supporting it. The encoding schemes, protocols and other MDN-enabling technologies are not within our control and are subject to change without notice. You assume all risks that such changes may impair or prevent your ability to use the MDN you have registered. You further understand and agree that we may interrupt or deny MDN registration services to you, temporarily or permanently, as a result of such changes. You further assume all risks that the Internet addressing system will not recognize an MDN you have registered or otherwise will not enable such MDN to function as an Internet address.

We may, but shall not be obligated to, make any and all modifications to an MDN registration, including without limitation changing the MDN's ASCII-based translation, that we deem necessary or appropriate for the purpose of bringing an MDN registration into conformance with evolving technical standards. Such modifications may be made without notice to you. In the event we elect to make such modifications, you agree to hold us harmless from any claims, liabilities or demands arising from such modifications. Before registering an MDN, we strongly recommend that you review and become familiar with the "Multilingual Domain Name Position Paper," published. (Click to view) www.verisign-grs.com.

You specifically acknowledge and agree that an MDN shall be considered a domain name for purposes of the Dispute Policy and the provisions relating thereto in this Agreement. Notwithstanding anything to the contrary contained in the Dispute Policy, you agree that during the Test Bed we may terminate your registration of an MDN in our sole discretion without notice to you if, within 45 days of your registration, we receive a formal, written objection to the registration by any legitimate authority, including without limitation a trademark owner or governmental entity. Our right of termination under this provision shall continue until such time as: (1) It is publicly announced that the Test Bed is complete; and (2) we determine in our sole discretion that all of the encoding schemes, protocols and other MDN-enabling technologies that are used to provide your MDN registration services have been approved by appropriate standard-setting bodies

19. GENERAL Entire Agreement Registrant agrees that this Registration Agreement and the Dispute Policy are the complete and exclusive agreement between Registrant and Street Smart Inc. regarding the registration of Registrant's domain name. This Registration Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.

Relationship of the Parties Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties. The Registrar in this agreement is Innerwise, Inc.

Non-Waiver The waiver by either party of a breach of or default in respect of any provision of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder, operate as a waiver of any breach or default by the other party.

Notice Except as otherwise specifically stated herein, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for us that is posted on our Web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

Governing Law Except as otherwise set forth in the Dispute Policy with respect to any dispute over your domain name registration, or as mutually agreed to by the parties, you agree that this Agreement and your rights, obligation, duties, and actions contemplated by this Agreement shall be governed in all respects by, and construed in accordance with the laws of the State of Illinois, United States of America, without reference to rules governing choice of laws. Any action relating to this Agreement and your rights, obligation, duties, and actions contemplated by this Agreement must be brought in the United States District Court for the Northern District of Illinois or in the circuit court of Cook County, Illinois. Both parties irrevocably consent to the personal jurisdiction, subject matter jurisdiction, and venue of such courts.

Severability Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.