Terms and Conditions of Use

STUDENTRETAIL.COM Terms and Conditions

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of StudentRetail.com's ("STUDENTRETAIL.COM") registration services to register an Internet account name, your registration of that account name, as well as other STUDENTRETAIL.COM account name related services. In this Agreement "you" and "your" refer to each customer and "we", "us" and "our" refer to STUDENTRETAIL.COM. This Agreement explains our obligations to you, and explains your obligations to us for various STUDENTRETAIL.COM 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 STUDENTRETAIL.COM service(s) or to cancel your STUDENTRETAIL.COM 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 STUDENTRETAIL.COM 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 STUDENTRETAIL.COM.This Agreement will become effective when accepted by STUDENTRETAIL.COM. STUDENTRETAIL.COM may elect to accept or reject your 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 account name.

1. Our Services.

STUDENTRETAIL.COM is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for Top Level Account names (TLDs), currently .com, .net and .org. ICANN oversees registrations and other aspects of the TLDs. As an accredited account name registrar, STUDENTRETAIL.COM is, upon accepting your registration application, your sponsor for that application. All registrations we register for TLDs are not effective until we have delivered the registration information you provide us to the registry administrator for the TLDs, as applicable, and the registry administrator puts into effect your registration. Currently, the registry administrator for the .com, .net and .org TLDs is Network Solutions, Inc.You agree and acknowledge that STUDENTRETAIL.COM 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 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 registration.2. What We Do Not Do.We cannot and do not check to see whether the account name you select, or the use you make of the account name, infringes legal rights of others. We urge you to investigate to see whether the account 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 account name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your account name. You should also be aware that if we are sued or threatened with lawsuit in connection with your account name, we may turn to you to hold us harmless and to indemnify us.

3. Fees.As consideration for the registration services and/or other services provided by STUDENTRETAIL.COM to you, you agree to pay STUDENTRETAIL.COM, prior to the effectiveness of the desired registration, the applicable service(s) fees for the initial registration of the account 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 registration is suspended, cancelled or transferred prior to the end of your then current registration term. Your requested account 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 STUDENTRETAIL.COM in its sole discretion). As further consideration for the STUDENTRETAIL.COM 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 registration, you agree and acknowledge that the registration shall be transferred to STUDENTRETAIL.COM as the paying entity for that registration to the registry. We will reinstate your 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 US$200. 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 registration, we will contact you to update this information and charge you accordingly.

4. Disclaimer and Account name Dispute Policy.

If you request, reserved or registered a account name through us, or transferred a account name to us from another registrar, you agree to be bound by STUDENTRETAIL.COM's current Disclaimer published on our site ("Disclaimer") and our current Account name Dispute Policy ("Dispute Policy") which are incorporated herein and made a part of this Agreement by reference. You agree that, if the registration is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your registration is disputed by the third party. You also agree that, in the event a registration dispute arises with any third party, you will indemnify and hold STUDENTRETAIL.COM harmless pursuant to the terms and conditions contained in the Dispute Policy.

5. Modifications to STUDENTRETAIL.COM'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 STUDENTRETAIL.COM's web site, or on notification to you by e-mail or United Sates mail. You agree to review STUDENTRETAIL.COM'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 customerservice@StudentRetail.com.com or United States mail at the addresses listed on the cover page of this Agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the STUDENTRETAIL.COM 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 registration registered to you shall constitute your acceptance of this Agreement and the Dispute Policy with the new modifications. You acknowledge that if you do not agree to any of such changes, you may request that your registration be cancelled. 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.

6. Account Information and Its Use.

a. Information You Are Required to Submit. As part of the registration process, you are required to provide certain information and to update this information promptly as needed to keep it current, complete and accurate.

b. Additional Information Maintained About Your Registration. In addition to the information you provide, we maintain records relating to your 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 registration, including dates and amounts of all payments and refunds;

vi. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact.
vii.. The expiration and renewal date of the registration;

viii.. Information and copies in electronic or paper form regarding all other activity between you and us and third parties relating to your registration and related services.
c. Your Obligations Relating to the Account Information. In the event that, in registering, 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.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 registration. You further agree that your failure to respond for over ten (10 ) calendar days to inquiries by STUDENTRETAIL.COM 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 registration.

d. Privacy Policy: Disclosure and Use of Registration Information. You agree and acknowledge that STUDENTRETAIL.COM will make available registration information you provide or that we otherwise maintain to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that STUDENTRETAIL.COM may make publicly available, or directly available to third party vendors, some, or all, of the 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 ICANN and applicable laws.Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that STUDENTRETAIL.COM 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 (including any updates to such information), whether during or after the term of your registration. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your registration and other information by STUDENTRETAIL.COM.You may access your registration information in our possession to review, modify or update such information, by accessing your account at our web site (http://www.StudentRetail.com.com), 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. STUDENTRETAIL.COM 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.

7. Ownership of Information and Data.

You agree and acknowledge that STUDENTRETAIL.COM owns all database, compilation, collective and similar rights, title and interests worldwide in our database, and all information and derivative works generated from the 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 registration, (d) any remarks concerning the registered name that appear or should appear in the database, and (e) any other information we generate or obtain in connection with the provision of registration services, other than the name being registered. STUDENTRETAIL.COM does not have any ownership interest in your specific personal registration information outside of its rights in our database.

8. Agents and Licenses.You agree that, if you are registering a 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 name registered to you to a third party, you nonetheless remain the 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 registration.9. Announcements.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
10. Limitation of Liability.

YOU AGREE THAT STUDENTRETAIL.COM WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE registration IN YOUR NAME, (2) USE OF YOUR 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 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 STUDENTRETAIL.COM'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. STUDENTRETAIL.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 STUDENTRETAIL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL STUDENTRETAIL.COM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00). 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.

11. Indemnity

You agree to release, indemnify, and hold STUDENTRETAIL.COM, 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 STUDENTRETAIL.COM services provided hereunder or your use of the STUDENTRETAIL.COM services, including without limitation infringement by you, or someone else using any STUDENTRETAIL.COM service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any STUDENTRETAIL.COM operating rule or policy relating to the service(s) provided. When STUDENTRETAIL.COM is threatened with suit by a third party, STUDENTRETAIL.COM may seek written assurances from you concerning your promise to indemnify STUDENTRETAIL.COM; 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 account name. This indemnification is in addition to any indemnification required under the Dispute Policy.

12. Representations and Warranties

YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE ACCOUNT 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 registration IS ACCURATE. ALL registration SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED ACCOUNT NAME REGISTRAR IN THE INTRODUCTORY PARAGRAPH OF THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS 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, STUDENTRETAIL.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A ACCOUNT NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR registration, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE ACCOUNT NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE STUDENTRETAIL.COM'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. STUDENTRETAIL.COM 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 STUDENTRETAIL.COM 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.

13. Breach and Revocation

STUDENTRETAIL.COM reserves the right to suspend, cancel, transfer or modify your registration or suspend, cancel or modify other services we provide in the event (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by STUDENTRETAIL.COM, (b) you use the account 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 account 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 account name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including STUDENTRETAIL.COM) or registry administrator procedures approved by an ICANN-adopted policy, (1) to correct mistakes by STUDENTRETAIL.COM, another registrar or the registry administrator in administering the name or (2) for the resolution of disputes concerning the account name.You also agree that STUDENTRETAIL.COM shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a registration upon seven (7) calendar days prior written notice, or at such time as STUDENTRETAIL.COM receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the registration.