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American Internet ASIA PRE-REGISTRATION QUEUE RULES AND REGULATIONS
IN ADDITION TO THE TERMS AND CONDITIONS GOVERNING USE OF AMERICAN INTERNET'S WEBSITE AND OTHER SERVICES AND IN ADDITION TO THE AMERICAN INTERNET REGISTRATION AGREEMENT, INCLUDING ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO THE ASIA TLD WHICH MAY BE LINKED TO FROM THE AMERICAN INTERNET REGISTRATION AGREEMENT, THE FOLLOWING DESCRIBES THE TERMS ACCORDING TO WHICH AMERICAN INTERNET OFFERS .PRE-REGISTRATION SERVICES IN THE ASIA TLD. If you (also referred to herein as "Applicant") do not agree to be bound by the terms and conditions of any of this or any of American Internet's agreements or terms of service, do not use or access our services.
Participating in the ASIA sunrise service queue is a service for American Internet (R) resellers and retail customers. We may amend this Agreement at any time by posting the amended terms here. Except as stated below, all amended terms shall automatically be effective immediately after they are posted. This Agreement may not be otherwise amended except in a writing signed by you and American Internet Inc.
- American Internet is offering the following .ASIA Pre-Registration Queues:
Trademark Sunrises, on or about October 2, 2007 - January 15, 2008. During this period, eligible trademark holders may apply to register domain names based on established trademark rights. You can read more about Trademark Sunrise eligibility for .ASIA domains at www.dotasia.org. .ASIA Sunrise domain applications may be sent to a 3rd party vendor to be awarded via auction, as determined by the dotAsia registry.
Landrush and Go Live Queues. These queues will open after the Trademark Sunrise queues close. The Landrush Queue domain applications may be sent to a 3rd party vendor to be awarded via auction, as determined by the dotAsia registry. Domains entered into the Go Live queue will be awarded on a first come, first served principal determined by the dotAsia Registry. Each of these Pre-Registration Queues have different rules, time periods, eligibility requirements, fees and other requirements. It is up to you to read and understand all such rules governing each period. For more information on the rules, please see http://www.dotasia.org. Generally speaking, if we obtain the domain name during the relevant time period offered by the .ASIA registry operator, then you will be awarded the domain name, assuming you have paid all fees and have otherwise abided by all relevant terms and conditions. You should be aware that we may also be attempting to obtain domain names in the .ASIA queue, that we will not inform you in advance which domains names we are attempting to obtain, and that if we obtain such a domain name, that we will award the domain name to ourselves and not to you.
- Fees and Services. The fees for submitting a domain name in the .ASIA Pre-Registration Queues are separate from and in addition to the fees for registering a .ASIA domain name. Generally, we will charge you the fees (which we describe elsewhere in our online queue process) for entering the relevant queue. The fees may include taxes, ICANN and registry fees, and other tariffs, which you must also agree to pay. When and if we obtain the domain name and award it to you, we will then charge you the registration fees described in our registration agreement and/or according to your reseller agreement with us (if you are a reseller). There are no guarantees that you will receive a domain name through any of the queues and generally the fees are nonrefundable, though we may elect, in our discretion, to issue a refund in a particular circumstance. Our fees, credit policy, and services may change from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars. Our registration agreement describes what happens if, at any time, we are unable to process any fees, taxes, or other related charges to your credit card due for any other reason or if you issue a charge-back or otherwise dishonor a payment. Generally and without limitation, you will lose all registration rights in any domain names you may have registered with us. You agree to contact us before you take any such action.
- The Application Process/Required Information. There is significant information which you must submit in order to successfully obtain and register a .ASIA domain name, such as (without limitation) information regarding your trademark rights (during the Trademark Sunrise periods) and complete and valid WHOIS information (with respect to the other queues). There are strict guidelines and time constraints that you must follow when providing this information. The guidelines are set forth at http://www.dotasia.org. American Internet will not answer questions on the terms and conditions provided by dotAsia, but will direct you back to http://www.dotasia.org You are required and encouraged to contact the registry directly with any comments or questions you have regarding documents required for .ASIA Sunrise, Landrush and Go Live applications.
- NO WARRANTIES/GUARANTEES. American Internet provides no guarantees in relation to the .ASIA Pre-Registration Queue Services. Acquisitions of ASIA domain names will be determined either through a 3rd party auction, or on a first-come, first-served basis, assuming that the Applicant meets all of the requirements designated by dotAsia. First-come, first-served has many risks, and American Internet makes no guarantees or warranties as to whether any Applicant will be successful in registering any dotAsia domain name. The queues do not offer any guarantees or warranties related to domain name acquisitions. Additionally, American Internet is not responsible for any failure on your part to timely file required paperwork, documents or other materials that may be required by dotAsia to successfully procure a .ASIA domain name. The Pre-Registration Queue services are offered as a courtesy and are offered "AS IS" with no guarantees or warranties whatsoever and you acknowledge that are using these services at your own risk. In addition, unexpected problems inevitably arise with complex software and communication systems and the American Internet .ASIA Pre-Registration Queue services may encounter difficulties and delays which may be caused by American Internet, the registry, or a third party. Whether or not these difficulties and delays are caused by American Internet, you agree that you will not hold American Internet responsible or accountable in any way. You agree that you will not hold American Internet responsible for any failed attempt to obtain a domain name and that all fees charged in relation to the .ASIA Pre-Registration Queue Service are non-refundable, regardless of the circumstance and regardless of the outcome for you. You acknowledge that American Internet and/or American Internet's parent and/or subsidiary companies may participate in pre-registration queue services and that if American Internet is successful in acquiring such a domain name which you also listed in your queue, that American Internet may award the domain name to itself and or its parent and/or subsidiary company and not to you and that American Internet may do so without any obligation or liability to you.
- LIMITATION ON AMERICAN INTERNET'S LIABILITY: YOU AGREE THAT AMERICAN INTERNET WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY (1) SUSPENSION OR LOSS OF DOMAIN NAME REGISTRATION SERVICES IN RELATION TO A DOMAIN NAME(S) REGISTERED IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES MAINTAINED BY ; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD OR NATURE (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND AMERICAN INTERNET'S CONTROL; (8) THE PROCESSING OF A .ASIA DOMAIN NAME REGISTRATION 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 OR ANY ICANN OR REGISTRY POLICIES. ALSO AMERICAN INTERNET WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR THE COST OF PROCUREMENT OF ALTERNATIVE GOODS OR SERVICES, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AMERICAN INTERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AMERICAN INTERNET'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE IN QUESTION, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). 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.
- Termination: American Internet may terminate or discontinue the American Internet .ASIA Pre-Registration Queue Service at any time and for any reason without notice, either generally with respect to all Applicants or with respect to specific Applicants. You agree that your failure to abide by the terms of any other agreement between you and American Internet shall give American Internet cause to terminate your participation in the .ASIA Pre-Registration Queue Service immediately.
- Governing Law and Venue: This Agreement, 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 Nevada, as if the Agreement was a contract wholly entered into and wholly performed within the State of Nevada. Any action to enforce this Agreement or any matter relating to your use of the American Internet website or services provided to you by American Internet or subsidiaries of American Internet shall be brought exclusively in the United States District Court for the Las Vegas District of Nevada, or if there is no jurisdiction in such court, then in a state court in Clark County, Nevada state. You consent to the exclusive personal and subject matter jurisdiction of such courts and agree that exclusive venue therein is proper. You agree that service of process on you is considered accomplished if American Internet emails a faithful reproduction of the relevant documents to the email address associated with your American Internet account and sends, via regular first class mail, a copy of the relevant documents to the physical address associated with your American Internet account.
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