NEXX™ TERMS OF SERVICE AGREEMENT

If YOU accept this Agreement without reading it in its entirety, YOU are still bound by this Agreement in its entirety.

The following is the entire service agreement between NEXX Inc. (NEXX™) and the personal or corporate account holder (YOU / YOUR).


1. Service - NEXX™ will provide YOU with storage space on a NEXX™ server for hosting a World Wide Web site (SITE) according to a selected plan at the site www.NEXX.com, in exchange for YOU paying the prescribed fee.

2. Privacy Policy - NEXX™ will not sell YOUR personal or financial information to any third parties. NEXX™ will not give YOUR personal or financial information to any law enforcement authorities or legal agents without a proper court order, subpoena or warrant.

3. Limitations:

1. any content on YOUR Web site that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by NEXX™, in its sole discretion, to be offensive, disruptive, obscene, inappropriate or otherwise an administrative burden, may be removed or deleted without any compensation to YOU;
2. YOU agree not to engage in any activity that can overwhelm NEXX™ servers with heavy usage that is considered unreasonable, or that requires a disproportionate amounts of bandwidth and/or resources of its servers, including but not limited to, highly active CGI or chat scripts; and
3. YOU may not use any images, marks, or other content on YOUR Web site that is owned by any NEXX™ partner, without explicit licence or consent from that partner.

4. User liability - YOU are liable for all content on YOUR site, including the legality and preservation (i.e. making back-ups) of same.

5. Amendments - YOU agree to abide by any amendments made to this Agreement, from time to time, as posted at www.NEXX.com.

6. E-mail - e-mail service is subject to the following restrictions:

1. YOU agree not to send any e-mail that is prohibited by the laws of any sovereign state, obscene under the laws of any sovereign state, or otherwise considered by NEXX™, in its sole discretion, to be offensive, disruptive, obscene or inappropriate;
2. YOU will not exceed the allowable storage capacity of the e-mail account. If YOU exceed the allowable storage capacity, YOU must either upgrade the subscribed service to a service that accommodates such usage, purchase additional storage space, or reduce your storage;
3. YOU will not send spam mail (i.e. unsolicited e-mail);
4. YOU will at all times be liable for the safeguarding of YOUR password and account information; and
5. if YOU breach any term of this Agreement, NEXX™ reserves the right to delete YOUR mailbox without any compensation to YOU.

7. User obligation - YOU will at all times keep NEXX™ apprised of YOUR current contact and billing information.

8. Web site suspension / termination - if litigation or a similar adjudicative proceeding is commenced against YOU in respect of your SITE, and upon receipt by NEXX™ of a Court-issued copy of such proceeding, YOUR SITE will be temporarily deactivated. The deactivation period will last until YOU have filed an appropriate Defence in respect of such proceeding, and provided NEXX™ with a Court-issued copy of same. If YOU fail to defend any such proceeding, YOUR SITE will remain deactivated, without any compensation to YOU.

9. Domain name registration - second-level domain names registered through NEXX™ by YOU are governed by the terms located here.

10. Refund Policy - the thirty-day Web hosting refund policy of NEXX™ is subject to the terms located here.

11. No Representations or Warranties - services are provided as is, without any representations or warranties of any kind either expressed or implied.

12. Limitation of Liability - NEXX™ is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the NEXX™ server, or losses or damages arising from the use of the content or services provided by NEXX™ or third parties in connection with NEXX™. NEXX™ is not responsible for any financial losses by YOU in association with YOUR SITE.

13. Indemnity - YOU agree to indemnify and hold NEXX™ harmless from and against, and to reimburse NEXX™ with respect to, any and all losses of every nature whatsoever incurred by NEXX™ arising out of (i) any breach of this Agreement by YOU; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual property right of any person by content on the SITE; or (iii) illegal, libelous, or defamatory content on the SITE.

14. Termination - both YOU and NEXX™ have the option to terminate this Agreement at any time, upon providing five-business days prior notice to the other. NEXX™ may terminate this Agreement at any time without notice or compensation to YOU if YOU violate any term of this Agreement, engage in illegal conduct, post illegal material, overwhelm NEXX™ servers or central processing units (CPUs), or engage in any conduct NEXX™ deems in its sole discretion to be disruptive or harmful.

15. Assignability - this Agreement is assignable to a third party by NEXX™ upon notice to YOU. Such notice will be published on the Web site www.NEXX.com.

16. Renewal - upon expiration, this Agreement will renew automatically for the same duration as previously agreed to, unless you advise NEXX™ otherwise prior to said expiration. Renewal fees must be received by NEXX™ within 15 (fifteen) days of said expiration, failing which YOUR SITE and e-mail account(s) will be placed on accounting hold. If the renewal fees are not received within 90 (ninety) days of expiration, all SITE and e-mail content will be deleted and removed from NEXX™ servers without any compensation or notice to YOU. NEXX™ reserves the right to not automatically renew any service plan.

17. General - the following terms apply:

1. this Agreement is governed by and construed in accordance with the applicable laws of the Province of Ontario and the federal laws of Canada and is treated in all respects as an Ontario-based contract;
2. the excusing of any provision in this contract does not excuse any other or subsequent provision in this contract;
3. any invalid, illegal or inoperative clause of this Agreement will not affect the valid reading and application of all other clauses of this Agreement;
4. this Agreement, together with the policies prescribed at www.NEXX.com constitutes the entire Agreement between YOU and NEXX™;
5. any term or condition of this Agreement, which by its nature extends beyond the term or expiry of this Agreement, survives the termination or expiry of this Agreement;
6. this Agreement is executed in electronic and paper counterparts, each of which is an original, and all of which together are one and the same instrument;
7. NEXX™ maintains the right to refuse service if it considers it would be disruptive to its business to provide such service;
8. any failure by NEXX™ in satisfying any provision of this Agreement will be excused if that failure is brought about by any act of God, war, disaster, disease, criminal act, attack, power loss, weather, invasion or incapacity; and
9. all remedies available to NEXX™ under this Agreement survive termination of this Agreement without limitation

Domain Registration Agreement

In this Registration Agreement ("Agreement") YOU, YOUR and YOURSELF refer to each customer, WE, US and OUR refer to Nexx Inc. and "Services" refers to the domain name registration services provided by US as offered through Nexx, Inc.

YOU represent that, to the best of the YOUR knowledge and belief, neither the registration of a second level domain (SLD) name nor the manner in which it is used infringes the legal rights of a third party, and that the Domain Name is not being registered for any unlawful purpose.

As consideration for the Services YOU have selected, YOU agree to pay to US applicable service fees. All fees payable hereunder are non-refundable. As further consideration for the Services, 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 is referred to as "Account Information". By completing and submitting this Agreement, YOU represent that the statements in YOUR Account Information are true.

YOU agree that this Agreement will remain in force during the length of the term of YOUR Domain Name Registration as selected, recorded and paid for upon registration of the domain name. If YOU renew or otherwise lengthen the term of YOUR Domain Name Registration, the term of this Registration Agreement will be extended accordingly. If YOU transfer YOUR domain name or the domain name is otherwise transferred to or is in the name of another Registrar, the terms and conditions of this Agreement will cease and be replaced by the terms of the new Registrar. No fees are refundable on termination.

YOU agree, during the period of this Agreement, that WE may: (1) revise the terms and conditions of this Agreement; and (2) change the Service provided under this Agreement. Any revisions or changes will be binding and effective immediately on posting of the revisions or changes at OUR Web site www.Nexx.com, or on notification to YOU by e-mail or regular mail as per the Notices section of this agreement. YOU agree to review OUR Web site, including the Agreement as posted thereon, periodically, to inform YOURSELF of any such revisions. If YOU do not agree with any revision to the Agreement, YOU may terminate this Agreement within 2 (two) calendar weeks thereafter by providing US with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of YOUR termination will be effective on receipt and processing by US. YOU agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), YOU will abide by any such revisions or changes. YOU further agree to abide by any dispute resolution policy as promulgated from time-to-time by any relevant and applicable top-level domain name registry or Registrar connected to YOUR domain name.

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. It is YOUR responsibility to safeguard YOUR Account Identifier and Password from unauthorized use. In no event are WE liable for unauthorized use of YOUR Account Identifier or Password.

If YOU reserved or registered a domain name through US, or transferred a domain name to US from another registrar, YOU agree to be bound by applicable Dispute Policies, as promulgated by the relevant top-level domain (TLD) name Registries, such Policies being incorporated by reference herein. It is YOUR responsibility to become familiar with and abide by the relevant TLD Registry policies. In the case of TLDs administered by ICANN, you specifically agree to be bound by the dispute policies at http://www.icann.org/udrp/. In the case of TLDs administered by CIRA, you specifically agree to be bound by the dispute policies at http://www.cira.ca/en/cat_Registrar.html.

YOU agree that, if the registration or reservation of YOUR domain name is challenged by a third party, YOU will be subject to the provisions specified in the applicable 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 US harmless in any event. If Nexx is notified that a complaint has been filed with a judicial or administrative body regarding YOUR domain name, Nexx may in its sole discretion, suspend YOUR ability to use YOUR domain name or to make modifications to YOUR registration records until either Nexx (i) is directed to do so by the judicial or administrative body, or (ii) receives notification by YOU and the other party contesting YOUR domain that the dispute has been settled. If YOU are subject to litigation regarding YOUR registration or use of YOUR domain name, Nexx may deposit control of YOUR registration record into the relevant TLD registry or judicial body by supplying a third party with a registrar certificate from Nexx. For any dispute, YOU irrevocably agree to submit to the jurisdiction of the courts of The Province of Ontario.

YOU agree that WE will, on your behalf, take all required steps to automatically renew YOUR domain name registration on a yearly basis, and that YOU will be solely responsible for all costs in so doing. YOU undertake to indemnify Nexx, Inc. for any expenses it incurs in such renewals. YOU further designate Nexx, Inc. to act on your behalf and as your domain name temporary administrative contact when required, and agree that WE may take all steps necessary to ensure both renewal and transfer of the subject domain name to Nexx, Inc. as the registrar of record.

In the case of all domain names regardless of name extension, YOU further agree to be bound by the terms of registration as promulgated by the relevant TLD Registry and other relevant registrars if applicable, from time to time, these terms being continually incorporated herein by reference.

Regardless of whether YOU intend to license use of a domain name to a third party YOU are nonetheless the domain name holder of record and are therefore responsible for providing YOUR own full contact information, and for 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. YOU accept all liability for harm caused by wrongful use of the domain name by YOUR licensee unless YOU promptly disclose the identity of the licensee to a party providing YOU with reasonable evidence of actionable harm. YOU also represent that YOU have provided notice of the terms and conditions in this Agreement to YOUR licensee, and that YOUR licensee agrees to all the terms herein.

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. YOU agree that such information is prima facie communication solicited by YOU, by virtue of YOUR acceptance of this agreement.

YOU agree that OUR entire liability, and YOUR exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount YOU paid for such Service(s). WE are not liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. 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. WE disclaim any and all loss or liability including loss or liability resulting from: (1) access delays or access interruptions; (2) data non-delivery or data mis-delivery; (3) acts of God or acts not under OUR control; (4) the unauthorized use or misuse of YOUR account identifier or password; (5) errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) the interruption of YOUR Service. YOU agree that WE are not liable for any loss of registration and use of YOUR domain name, or for interruption of business, or 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 WE have been advised of the possibility of such damages. In no event will OUR maximum liability exceed five hundred ($500.00 USD) dollars.

YOU agree to release, indemnify, and hold US, OUR contractors including any relevant TLD registry, 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 Services provided hereunder or YOUR use of the Services, including without limitation infringement by YOU, or someone else using the Service with YOUR computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of OUR operating rules or policy relating to the service(s) provided. YOU also agree to release, indemnify and hold US harmless pursuant to the terms and conditions contained in any applicable Dispute Policy. If WE are threatened with such a claim by a third party, WE may seek written assurances from YOU concerning YOUR promise to indemnify US; YOUR failure to provide those assurances will be deemed a breach of this Agreement and may result in deactivation of YOUR domain name.

The person named as administrative contact at the time the controlling user name and password are secured is the owner of the domain name. YOU agree that prior to transferring ownership of YOUR domain name to another person (transferee) YOU will require the transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. YOUR domain name will not be transferred until WE receive such written assurance or other reasonable assurance that the transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by US in OUR sole discretion) along with the applicable transfer fee. If the transferee fails to be bound in a reasonable fashion (as determine by US in OUR sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

YOU agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by US, may be considered by US to be a material breach and that WE may provide a written notice, describing the breach, to YOU. If within 30 (thirty) calendar days of the date of such notice, YOU fail to provide evidence, which is reasonably satisfactory to US, that YOU have not breached YOUR obligations under the Agreement, then WE may delete the registration or reservation of YOUR domain name. Any such breach by YOU will not be excused simply because WE did not act earlier in response to that, or any other breach by YOU.

YOU agree that, by registration or reservation of YOUR chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain name.

YOU agree that YOUR use of OUR Services is solely at YOUR own risk. YOU agree that such Service(s) is provided on an "as is," "as available" basis. WE expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. WE make no warranty that the Services will meet YOUR requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do WE make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. YOU understand and agree that any material and/or data downloaded or otherwise obtained through the use of 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. WE make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by YOU from US or through the Service creates any warranty not expressly made herein.

As part of the registration process, YOU are required to provide US certain information and to update US promptly as such information changes such that OUR records are current, complete and accurate. YOU are obliged to provide US the following information:

i) YOUR name and postal address (or, if different, that of the domain name holder); ii) The domain name being registered iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name. iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name. Any other information that WE request from YOU at registration is voluntary, and is collected so WE can continue to improve the products and services offered to YOU.

YOU agree and acknowledge that WE will make domain name registration information YOU provide available to the relevant TLD registry, to the registry administrators, and to other third parties as applicable agreements and laws may require or permit. YOU further agree and acknowledge that WE may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information YOU provide, for purposes of inspection (such as through OUR WHOIS service) or other purposes as required or permitted by applicable agreements and laws.

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 of a domain name (including any updates to such information), whether during or after the term of YOUR registration of the domain name. YOU hereby irrevocably waive any and all claims and causes of action YOU may have arising from such disclosure or use of YOUR domain name registration information by US.

YOU may access YOUR domain name registration information in OUR possession to review, modify or update such information, by accessing OUR domain control panel, or similar service, made available by US.

WE will not process data about any identified or identifiable natural person that WE obtain from YOU in a way incompatible with the purposes and other limitations that WE describe in this Agreement.

WE will take reasonable precautions to protect the information WE obtain from YOU from OUR loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

YOUR wilful provision of inaccurate or unreliable information, failure to promptly update information provided to US, or to respond for over fifteen calendar days to inquiries by US concerning the accuracy of contact details associated with the YOUR registration shall is a material breach of this Agreement and a basis for cancellation of YOUR domain name registration.

WE, in OUR sole discretion, reserve the right to refuse to register or reserve YOUR chosen domain name or register YOU for other Services within 30 (thirty) calendar days from receipt of YOUR payment for such services. In the event WE do not register or reserve YOUR domain name or register YOU for other Services, or WE delete YOUR domain name or other Services within such thirty (30) calendar day period, WE agree to refund YOUR applicable fee(s) paid. YOU agree that WE are not liable to YOU for loss or damages that may result from OUR refusal to register, reserve, or delete YOUR domain name or register YOU for other Services.

YOU agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

Nothing contained in this Agreement or any applicable Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the YOU and US.

OUR failure to require performance by YOU of any provision hereof does not affect the full right to require such performance at any time thereafter; nor does the waiver by US of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Any notice, direction or other communication given under this Agreement must be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice is deemed given only when the sender has obtained an electronic confirmation of delivery. In the case of e-mail notification to US, e-mail must be sent to domainsmanager@Nexx.com or, in the case of notice to YOU, at the e-mail address provided by YOU in YOUR WHOIS record. Any e-mail communication is validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it is deemed delivered on the next business day. In the case of regular mail notice, valid notice is deemed valid and effective 5 (five) business days after the date of mailing and, in the case of notification to US shall be sent to:

Nexx, Inc, Registrant Affairs, 5160 Yonge St #1800 North York, Ontario M2N 6L9 and in the case of notification to YOU shall be to the address specified in the "Administrative Contact" in YOUR WHOIS record.

YOU agree that this Agreement, the rules and policies published by US, and the applicable Dispute Policy, are the complete and exclusive agreement between YOU and US regarding OUR Services. This Agreement and any applicable Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

This agreement is governed by, interpreted and enforced in accordance with the laws of province of Ontario and the federal laws of Canada without recourse to rules governing choice of laws. Any action relating to this agreement must be brought in Ontario and you irrevocably consent to the jurisdiction of such courts.

YOU attest that YOU are of legal age to enter into this Agreement.

You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of the service and are not relying on any representation, agreement, guarantee or statement other than as set forth in this agreement.

NEXX PRIVACY POLICY
Nexx takes the issue of privacy very seriously. Nexx is dedicated to protecting the privacy of our users by taking all possible measures to protect their personally identifiable information. This privacy statement was developed to outline these measures and disclose the privacy practices of Nexx.

Security
This website takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line.

When our sign-up/order form asks users to enter sensitive information (such as credit card number or postal address), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just 'surfing'.

While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to your information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment, behind a locked cage.

Information Collection and Use
Nexx is the sole owner of the information collected on this site. Nexx will not release any personably identifying information unless you specifically authorize us to do so or unless required by the appropriate law enforcement officials.

Registration
In order to use our services, a user must first complete the sign-up form. During registration a user is required to give their contact information (such as name and email address). This information is used to contact the user about the services on our site for which they have expressed interest. It is optional for the user to provide demographic information (such as income level and occupation).

Order
We request information from the user on our order form for premium services. Here a user must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customer's orders. If we have trouble processing an order, this contact information is used to get in touch with the user.

Cookies
A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates. If a user rejects the cookie, they may still use our site. The only drawback to this is that the user will be limited in some areas of our site. For example, the user will not be able to log into the member section of the site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site.

Log Files
We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Sharing
We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.

We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Links
This web site contains links to other sites. Please be aware that Nexx is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests
From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

E-Mail Services
Nexx protects the privacy of the mailboxes we manage. Our customers' mailboxes and the content of all messages are private. We do not monitor or disclose email messages unless we believe we must do so (i) to enforce our Email Terms and Conditions, (ii) because we are required to do so by law, or (iii) to defend Nexx in any legal action or to protect the property of Nexx. Additionally, our customers must agree to respect the privacy and confidentiality of others. Since privacy is, in part, a function of our customers' passwords, we encourage them to change their passwords frequently and to not share them with anyone.

Special Offers
We send all new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see our choice and opt-out below.

Site and Service Updates
We also send the user site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.

Correction/Updating Personal Information
If a user's personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user's personal data provided to us. This can usually be done at the member section page or by emailing our Customer Support.

Choice/Opt-out
Users who no longer wish to receive our newsletter or promotional materials from our partners may opt-out of receiving these communications by clicking 'unsubscribe' at the bottom of the e-mail. Alternatively, you may e-mail us your request at communications@Nexx.com

Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether they should proceed with services that require an outside party, or not.

Notification of Changes
If we decide to change our privacy policy, we will post those changes on our Homepage so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

Advertising Sales Specific Terms and Conditions
Nexx works with 24/7 Media Inc. to serve ads to our Network of Sites. 24/7 Media may use the demographic and/or behavioral data provided by our members to deliver relevant, targeted advertisements to our member sites. This demographic and behavioral data is obtained and maintained in a manner such that no connection can be drawn between the profiles supplied to 24/7 Media and the End-User's personally identifiable information.
 

Private Domain Name Registration Agreement

Please note you agree to be bound by all terms of this agreement, and any agreement connected hereto, even if you do not read or understand this or any related agreement in its entirety. No other connected agreement or provision binds Domain Privacy Group Inc. to perform the terms of that agreement or provision, and Domain Privacy Group Inc.?s obligations are limited strictly to the services described herein.

This Agreement is made in addition to all agreements you have previously or contemporaneously executed in support of registering your secondary top-level domain name whether through Domain Privacy Group Inc. or any third party.

This Agreement between Domain Privacy Group Inc. and you (“you”, “your” or “customer”) sets forth the terms and conditions of your use of the domain name privacy registration services offered by Domain Privacy Group Inc..

Services - Domain Privacy Group Inc., upon receipt of the prescribed payment from you, will provide the following in respect of each domain name you register through this Agreement, into the relevant WHOIS™ registry, namely Domain Privacy Group Inc.?s

1. name and postal address as Registrant of the domain name;
2. e-mail address, postal address and phone number as Technical Contact of the domain name;
3. e-mail address, postal address and phone number as Administrative Contact of the domain name;
4. e-mail address, postal address and phone number as Billing Contact of the domain name;
5. the primary and secondary domain name servers you designate for the domain name;
6. the original registration and expiration date of the domain name; and
7. your Registrar identity.

Retention of Rights - you agree to retain all rights and liabilities associated with each of your domain names pursuant to any applicable registration agreement, including

1. the right to sell, transfer or assign each domain name registration;
2. the right to control and use each domain name registration, including designating the primary and secondary domain name servers to which each domain name points;
3. the right to cancel each domain name registration;
4. the right to cancel this Agreement with Domain Privacy Group Inc. so that the applicable WHOIS™ database reverts to its default state identifying you as the Registrant;
5. the right to renew each domain name registration upon its expiration, subject to your Registrar?s applicable rules and policies; and
6. the right to initially resolve any and all monetary, creditor or other claims that arise in connection with a legal or other dispute involving your domain name registration, subject to Domain Privacy Group Inc.?s ongoing right to deny, suspend or terminate all service under this Agreement.

Obligations - you are obligated to do all of the following, the failure to do any of which may result in Domain Privacy Group Inc. immediately terminating this Agreement without any compensation to you, and restoring the applicable WHOIS™ registry in respect of your domain name back to its default state, namely indicating your name, address, phone numbers and e-mail address as Registrant, Administrative Contact and Billing Contact:

1. continually and immediately provide a current and valid owner name, physical address (no post office boxes or mail forwarding services), telephone number (no forwarding numbers or answering services), and permanent e-mail address;
2. continually and immediately provide a current and valid credit card number to pay for all services rendered including forwarding of any mail or other communications to you

Restrictions - Domain Privacy Group Inc.?s services under this Agreement are not of a mail-forwarding service, and are strictly limited to a privacy provider for limiting or deflecting third party solicitations including but not limited to unsolicited e-mail (SPAM). Domain Privacy Group Inc. strictly reserves the right to not forward any advertisement-based mail or e-mail, general mail or e-mail, voicemail, facsimile, or any other communication. Mail will be forwarded only where it has been delivered by traceable courier requiring a return signature, with you bearing the entire pre-paid cost of the forwarding by traceable courier requiring a return signature. E-mail addressed for you but not addressed to your designated Domain Privacy Group Inc. e-mail address will not be forwarded. Domain Privacy Group Inc. assumes no liability for the failure to not forward mail or other communications to you. Domain Privacy Group Inc.?s services are strictly limited to facilitating lawful privacy activity on the WHOIS™ registry.

Right to deny, suspend or terminate service - Domain Privacy Group Inc. retains the absolute right and power, in its sole discretion and without any liability to you, to do any of the following, where provision of services under this Agreement results in an administrative burden to Domain Privacy Group Inc., this Agreement is terminated, or you otherwise fail to pay any prescribed fees or do anything required under the terms of this Agreement:

1. reset any applicable WHOIS™ registry under this Agreement to its default state, thereby identifying you as the Registrant, Administrative Contact and Billing Contact, along with all other information as required by the applicable WHOIS™ registry; and
2. where required by law and for the purpose of investigating any alleged criminal wrongdoing by a sovereign authority, identify you as the Registrant, Administrative Contact and Billing Contact of any applicable domain name, and provide to said authority any files or records then in the possession of Domain Privacy Group Inc.

Liability - at all times this Agreement is in force and subsequent thereto, you assume and are responsible for all liability connected to your domain name including any content displayed thereon or files connected therewith. The denial of or refusal to assume any liability by you may result in the immediate cancellation of this Agreement without any compensation to you.

Conflict - in the event that a provision of any agreement connected hereto conflicts with any provision herein, this agreement will prevail to the extent of that conflict. If the conflict cannot otherwise be reconciled in spite of this overriding provision, both agreements will be interpreted to the benefit and favour of Domain Privacy Group Inc. over you.

Execution - you agree that regardless of the laws or regulations of your jurisdiction, you are accepting the terms of this Agreement by electronic acknowledgement and as such, you agree to be bound by the terms of this Agreement as if you signed a paper-based or otherwise physical original Agreement. The absence of your original signature in this Agreement does not by itself invalidate any provision or all of this Agreement.

Termination - where this Agreement is terminated for any reason, Domain Privacy Group Inc. will immediately reset any applicable WHOIS™ registry under this Agreement to its default state, thereby identifying you as the Registrant, Administrative Contact and Billing Contact, along with all other information as required by the applicable WHOIS™ registry. If Domain Privacy Group Inc. is served with a Court Order enjoining it from providing services to you, this Agreement will automatically terminate forthwith, and the relevant WHOIS™ registry will revert to its default state to identify you as the Registrant, Administrative Contact and Billing Contact.

Amendments - you agree that Domain Privacy Group Inc. may amend this agreement from time-to-time, and you agree to be bound by such amendment(s) until the expiration of this Agreement. Domain Privacy Group Inc. agrees to publish any Agreement amendment(s) at its web site www.domainprivacygroup.com. It is solely your responsibility to regularly visit www.domainprivacygroup.com to determine if any amendment(s) have been made to this Agreement. Any amendment(s) made will take effect immediately as of the date of its (their) posting, and not as of the date you become aware of such amendment(s). If you do not agree to be bound by any such amendment(s), Domain Privacy Group Inc. reserves the right to cancel any or all services herein, without any compensation to you, and accordingly invoke the termination provision herein.

Caveat - services rendered are non-refundable.

Disclaimer - Domain Privacy Group Inc. is not liable for any inadvertent disclosure or theft of your personal information; failure to renew this Agreement; unauthorized usage of your account under this Agreement; deletion of, failure to store, failure to process or act upon e-mail messages sent to or forwarded either to you or your assigned Domain Privacy Group Inc. e-mail address; or any other act or omission caused by you or your agents (whether authorized by you or not).

Survival - all disclaimers of Domain Privacy Group Inc.?s liability under this Agreement survive termination indefinitely.

Choice of law - by accepting this Agreement you irrevocably attorn to the jurisdiction of Ontario, Canada. You agree that any and all disputes arising from this Agreement will be disposed of by a court of competent jurisdiction in Ontario only, applying the laws of Ontario only. You further agree that by accepting this Agreement you will not challenge the choice of law or jurisdiction provisions herein, and will be bound by any judgment rendered by such a competent court in spite of its extra-territorial application. You will explicitly honour any judgment or Order rendered against you as if that judgment or Order were rendered from a court of your local jurisdiction.

Indemnity - you agree to fully indemnify and hold harmless Domain Privacy Group Inc. and all of its affiliates, agents, employees, directors, officers, partners, associates, customers, licensees, distributors and retailers, from and against any and all claims, demands, liabilities, losses, damages and costs arising from your domain name or any dispute connected therewith.