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You must read and agree to the Membership Agreement to continue.
  Welcome to the NETPIA.COM Membership Agreement Page. Contained within this Agreement are the terms and conditions governing the use of membership services ("Service") at NETPIA.COM and its subsidiary Web Sites brought to you by Netpia.com ("Netpia"). By becoming a member, you agree to the terms and conditions of this Agreement. If, for any reason, you do not accept these terms and conditions or have any questions, please send an e-mail to: Customer Care  We reserve the right to change and/or amend this Agreement at any time by posting the amended terms on our Web Site. The amended or changed terms or conditions shall automatically be effective one (1) week after they are initially posted on our Web Site. The parties agree as follows: 1. DESCRIPTION OF SERVICE In accordance with the terms and conditions of this agreement, NETPIA.COM shall provide its service ("Service") to the registering user ("Customer"). The Service is described as follows: a. Membership Netpia offers a membership which includes the use of Keyword Domain and other future services. Keyword Domain Address can only be obtained by signing up for a membership and purchasing the keyword domain address unless Netpia or NETPIA. COM donates the keyword domain address to a nonprofit organization such as a charitable or agovernmental organization. b. Keyword Domain Address The Customer shall pay a non-recurring, non-refundable setup fee to cover the cost of purchase of the Keyword Domain Address. The Keyword Domain Address will then become legal property of the Customer. 2. KEYWORD a. Availability Keyword domain addresses are available on a "First Come, First Served" basis. b. Keyword Limits There is no limit to the number of addresses registered by a single individual or entity. However, if such action, in any way, interferes with the public, Netpia can place a limit on the number of keywords registered. c. Improper Keywords Netpia has all rights to deem a keyword domain address unusable or improper. Netpia can reserve specific a Keyword Domain Address or Addresses to prohibit illegal usage and to maintain standardization. d. Reserved Keywords Netpia will publicize the list of reserved or prohibited words. However, if necessary, Netpia has the authority to limit such disclosures. Netpia can register and use a reserved Keyword Domain Address if it can provide public service through either Netpia or through multiple parties by direct usage or usage by a third party. Netpia will utilize certain Keyword Domain Addresses placed under reserved status by the Keyword Domain Address Committee to be available for use by charitable organization for fund drives, etc. Reserved Keyword Policy, its change of status, etc. will be decided by the Keyword Domain Address Committee. 3. PAYMENT The Customer shall pay the agreed upon charge in full and in advance of the Service. If the Customer does not select a new payment plan and does not request discontinuance of the Service 30 days prior to expiration of the term, the purchase contract will automatically renew for an additional term at the then current rate. 4. USAGE Netpia or NETPIA.COM does not interfere with the way the keyword address is being used. Therefore it is the responsibility of the Customer to properly maintain their Web Site. By registering a keyword domain address, you are given the right to use the address for the agreed upon time period. The Customer is to be solely responsible for abiding by copyright laws and intellectual property laws. 5. SERVICE AND MAINTENANCE OBLIGATIONS a. Liability in Case of Service Failures NETPIA.COM states to the Customer that the Service will operate materially in accordance with the service description set forth herein. If, under normal and proper use, the Service fails to perform as specified above, and the Customer notifies NETPIA.COM within the term, NETPIA.COM shall correct such service degradations or failures without charge to the Customer in accordance with the provisions herein. b. Responsibility The foregoing representation is exclusive and in lieu of all other representations and warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Customer's sole and exclusive remedy against NETPIA.COM for loss or damage caused by, or arising in connection with, the performance or nonperformance of the service shall be the obligations of NETPIA.COM as set forth in this agreement. c. Catastrophic Event Netpia will not be responsible for any damages incurred while the Service is interrupted due to natural disasters, riots, wars, fires, floods, labor disputes, or such catastrophic incidences. d. User Behavior Because Keyword Domain Address service is highly dependant on users' behaviors and respective settings on their personal computers' browsers, it is possible that all or some of the service may not be available to everyone. 6. TERMINATION If the Customer terminates the Service prior to expiration of the term defined herein, Customer shall be liable to NETPIA.COM for the difference between the Customer's current Yearly Charge and the Year to Year service charge in effect at the time of termination multiplied by the number of additional years that the Service was to be provided, and for any nonrecurring charge waived during setup. Termination charges shall become due in full immediately upon such termination. a. Breach of Agreement If the Customer is found to have breached this agreement, by the sole discretion of Netpia and/or NETPIA.COM, that Customer's account will be suspended and/or terminated if necessary. 7. MODIFICATION OR TRANSFERENCE OF OWNERSHIP In order to transfer or modify ownership of a keyword domain address, the current Customer must send a written request with proofs of ownership by providing the Customer's full name, keyword domain address, IP or domain address that is associated with the keyword domain address, membership account number, address, phone number, e-mail address, and fax number if available. a. Modification To modify Customer information, you must supply up-to-date information through our Login Page. Supplying Netpia with up-to-date information is the sole responsibility of the Customer and Netpia cannot be held responsible for any loss due to the Customer's inability to properly update such information. For name changes, you must submit a written request with reasonable proofs, (i.e. court order, etc.) b. Transference If the Customer intends to transfer ownership, the information provided by the current Customer at account creation must be provided for the new owner of the keyword domain address. c. Entities For a non-individual entity that wishes to modify or transfer ownership, the name with which the entity is associated with, when originally registered, must be provided. d. Whois DB Part of the information you provide will be posted on Whois DB where the information can be browsed on the Internet. 8. DISPUTE SETTLEMENT POLICY If for any reason, there is a conflict between a registrant and a third party, Netpia will strictly adhere to non-participation. Netpia will abide by requests from the authorities or mediation groups if the request is lawful and fair. If a third party feels that his or her rights have been violated through the use of Netpia's services, the third party can request appropriate actions through our dispute settlement committee. Netpia will post directions to such procedures on our Web site. Netpia may appropriately reduce or increase the dispute settlement committee's capacity at any time. The user is agreeing that if a third party requests change through Netpia's dispute settlement committee the user must conform to its decisions. If the registrant does not adhere to the mandates presented by the dispute settlement committee within 14 days of initial notice Netpia will take appropriate action without further permission. Netpia will notify the terms of settlement to the user via e-mail. When a third party successfully submits a dispute petition, Netpia will not permit the user to modify the Keyword Domain Address in question and if requested Netpia can and will terminate its service until both parties arrive at an appropriate settlement. However, the third party requesting such termination must provide Netpia with an agreement to claim responsible for any harm caused to Netpia, financial or that of reputation. 9. LIMITATIONS OF LIABILITY The liability of NETPIA.COM for damages arising from mistakes, omissions, interruptions, delays, errors, or defects in transmission occurring in the course of furnishing the Service, and is not caused by the negligence of the Customer, shall in no event exceed the amount equivalent to the proportionate charge to the Customer for the period of Service during which such mistake, omission, interruption, delay, error, or defect in transmission occurs. No other liability shall in any case be attached to NETPIA.COM. 10. TAXES AND ADDITIONAL FEES The customer shall remit to NETPIA.COM all applicable federal, state, local taxes and all applicable municipal and state charges which arise under this agreement unless Customer furnishes evidence of exemption from any or all such taxes and charges. 11. CHANGES TO THE AGREEMENT This Agreement is a complete agreement between the parties and supersedes any discussions, representations, or proposals, either written or oral, concerning the Service. This Agreement may be modified and posted on the NETPIA.COM Web Site for a period of one (1) week prior to the enactment of the new agreement. 12. QUESTIONS AND COMMENTS If you have any questions or comments regarding the Membership Agreement, e-mail us at: Customer Care or contact us at: Netpia.com
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