Terms & Conditions

This Agreement (the "Agreement") between Visual Database Systems (VDBS) and you (the "Applicant") contains the following terms and conditions:

The Applicant

The applicant will pay the initial registration fee (as posted on registry.vdbs.com) to VDBS as soon as the Domain Name Registration Application has been submitted, and approved through the appropriate channels.

By submitting a Domain Name Registration Application the Applicant agrees to be bound by this Agreement, the Registration Agreement as found at exhibita.html, the Uniform Dispute Resolution Policy as found at udrp.html and all Terms and Conditions of any Partner Services utilized by the Applicant. It is the Applicant's responsibility to review the Terms and Conditions of VDBS’s Partner Services before utilizing the services.

All fees paid to VDBS are non-refundable and non-transferable.

Once registered, the Applicant assumes all responsibility for any future obligations, trademark disputes, maintenance fees etc. required to maintain or to modify the Domain Name.

The Applicant warrants to VDBS that the details submitted by the Applicant to VDBS are true and correct, and that future additions or alterations to those details will be true and correct.

The Applicant agrees to use the services provided by VDBS as permitted by applicable local, state and federal laws. The Applicant will not use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.

Spam Policy: We reserve the right, in extreme circumstances, to revoke without refund any domain name services which, in our judgment, has been used for any unlawful purpose, including theft of e-mail service, or as a source of unsolicited bulk e-mail or as an address to use for replying to unsolicited bulk email. This also applies to advertising (spamvertizing) your domain name website URL in an unsolicited email. This policy also applies to Usenet Spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.). This will not apply to e-mail return addresses used without the owners knowledge or consent, however.

A domain name can only be modified/transferred by one of the contacts listed under the registered domain name.

Chargeback Policy: In the event of a charge resulting in a chargeback of the purchase of a domain name, VDBS reserves the right to suspend all service to the Applicant's domain until the domain is paid in full.

VDBS reserves the right to modify or to make additions to its domain service policies at any time without notice.

1. VDBS will not guarantee that the Domain Name being applied for will be registered for the applicant.

2. Prior financial arrangements with VDBS must be made before a domain name is registered.

3. VDBS does not accept the responsibility for the use of any Domain Name for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts.

4. VDBS will attempt to avoid the registration of Domain Names that are potentially disputable, but will not be held responsible in the event that a dispute does arise. VDBS is entitled to reject an application which VDBS considers as being unsuitable or likely to be involved in a trade mark dispute.

5. VDBS may change this agreement only on renewal or transfer of the Domain Name. All accounts will be subject to the terms and conditions current at the time of the registration, renewal or transfer.

Disputes between Domain Name Holders and Third Parties

VDBS neither acts as arbiter nor provides resolution of disputes between Applicants and third party complainants arising out of the registration or use of a domain name. In case of a dispute as to the rights to a particular domain name registration, VDBS shall have no role or responsibility other than to provide the contact information to both parties. In the event of dispute of ownership or control of a domain, Applicant agrees to be bound by the terms and conditions of the Uniform Dispute Resolution Policy found at udrp.html. This Policy does not limit the administrative or legal procedures VDBS may use when third-party conflicts arise. VDBS shall have the right to revoke, suspend, transfer or otherwise modify a Domain Name registration at such time as VDBS receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration.

The Applicant hereby agrees to defend, indemnify and hold harmless (i) Visual Database Systems, its owners, officers, directors, employees, and agents; (ii) Tucows (Domain Direct), its officers, directors, employees and agents; (iii) the United States Government ("USG"), its officers and employees; (iv) the Internet Corporation for Assigned Names and Numbers ("ICANN"), its officers, directors, employees and agents; (v) Network Solutions Inc., ("NSI") and its directors, officers, employees and agents acting in such Role, or such other entity as may come to act as registry, (collectively, the "Indemnified Parties"), for any claims, action, demand, liabilities, losses, costs, expenses or damages awarded by a court of competent jurisdiction, including reasonable legal fees and expenses, arising out of, resulting from or related to the registration or use of the Domain Name. Such claims shall include, without limitation, those based upon trademark or service mark infringement, tradename infringement, dilution, tortuous interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. Each Indemnified Party shall send written notice to the Applicant of any such claim, action, or demand against that party within a reasonable time. The failure of any Indemnified Party to give the appropriate notice shall not affect the rights of other Indemnified Parties. VDBS recognizes that certain educational and governmental entities may not be able to provide complete indemnification. If the Applicant is (i) a governmental or non-profit educational entity, and (ii) not permitted by law or under its organizational documents to provide indemnification, the Applicant must notify VDBS in writing and, upon receiving appropriate proof of such restriction, VDBS may provide an alternative provision for such a Applicant.