This Service Agreement (the "Agreement") explains 1id.com, LLC's ("1id" or the "i-Broker") obligations to its customers (you or the "Registrant"), and your obligations to 1id in relation to the service(s) you purchase from 1id.
By purchasing 1id service(s), you agree to establish an account with us for such service(s). When you use your account or permit someone else to use your account to purchase or otherwise acquire access to 1id service(s) or to modify or cancel your 1id service(s) (even if we were not notified of such activities), this Agreement as amended covers any such service or actions. Additionally, you agree that each person listed in your account information as being associated with your account for any service(s) provided to you (including, but not limited to, XRI registration services) is your agent with full authority to act on your behalf with respect to such service(s) in accordance with the permissions granted, and that the primary contact and administrative contact for your account shall have the authority, without limitation, to terminate, transfer (where transfer is permitted by the Agreement), or modify such service(s) or your account information, or purchase additional services.
If Registrant intends to license the use of a Registered XRI to a third party, Registrant is nonetheless the Registrant of record and is responsible for complying with this Registration Agreement and providing its 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 the Registered XRI. A Registrant licensing use of a Registered XRI according to this provision shall accept liability for harm caused by wrongful use of the Registered XRI, unless it promptly discloses the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm.
If you purchase 1id services that are sold together as a "bundled" package, as opposed to your purchasing such services separately, termination of any part of the services will result in termination of all 1id services provided as part of the bundled package. You acknowledge and agree that some or all of the services you purchase or receive from 1id may be provided by one or more vendors, contractors or affiliates selected by 1id in its sole discretion.
As consideration for the service(s) provided by 1id, you agree to pay 1id the service fees set forth on 1id's web site at the time of your selection, or, if applicable, upon your receipt of 1id's invoice. All fees are due immediately and are non-refundable, unless otherwise specified herein. The term for the service(s) shall be for the period of time purchased by you at the time of registration and allowed under the applicable registration policy for the given name (the "Initial Term"). Any renewal of the service(s) is subject to 1id's then current terms and conditions and payment of all applicable renewal fees shall be due prior to the end of the Initial Term. Registrant agrees that if it pays by credit card (initially or in connection with a renewal) for the service(s) provided hereunder, 1id is authorized, but not obligated, to automatically charge such credit card and renew the service(s) on or before its renewal date using the credit card information provided to 1id, unless Registrant has notified 1id (as provided herein) that it does not wish to participate in the automatic renewal process.
Registrant may opt out of the automatic renewal process in accordance with the instructions on our web site. Registrant is solely responsible for the credit card information it provides to 1id and must promptly notify 1id of any changes thereto (e.g., change of expiration date or account number). In addition, you are solely responsible for ensuring the service(s) are renewed. I-Broker shall have no liability to Registrant or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the service(s). Registrant agrees to pay all value-added, sales and other taxes (other than taxes based on 1id's income) related to the service(s) or payments made by Registrant hereunder. Failure by Registrant to pay any fee or renewal fee in a timely mannerl, in the absence of extenuating circumstances, shall result in automatic termination of the registration and the service(s).
All payments of fees shall be made in U.S. dollars. Any sums not paid in a timely manner will accrue interest at a rate of 1.5% per month or the maximum amount allowed by law, whichever is less. XRI registrations that have passed the registration agreement's anniversary date, must be in a paid status to delete, modify, or otherwise to request 1id to affect the XRI record or to provide XRI services. XRI registrations in an unpaid status are deleted on a regular basis.
You agree to: (1) provide certain true, current, complete and accurate information about you and/or your business as required by the application process; and (2) maintain and update according to our modification procedures the information you provided to us when purchasing 1id services as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services.
You agree that 1id (itself or through its third party service providers) is authorized, but not obligated, to use systems or programs, as may be recognized by the United States Postal Service or other international postal authority for updating and/or standardizing address information, to change any address information associated with your account, and you agree that 1id may use and rely upon any such changed address information for all purposes in connection with your account, including the sending of invoices and other important account information, as though such changes had been made directly by you.
Our privacy statement for web sites and/or value added services purchased through www.1id.com is located on our web site at http://1id.com/w3c/policy.html and is incorporated herein by reference. The privacy statement sets forth your rights and the rights of 1id and responsibilities with regard to your personal information. You agree that 1id, in its sole discretion, may modify our privacy statement. We will post such revised statement on our web site at least thirty (30) calendar days before it becomes effective.
Registrant agrees that, by using our service(s) after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us except as otherwise expressly provided herein. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement.
You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to:
We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
Except as otherwise set forth herein, all right, title and interest in and to all,
You acknowledge that no title to the 1id intellectual property rights is transferred to you, and that you do not obtain any rights, express or implied, in the 1id services, other than the rights expressly granted in this Agreement. To the extent that you create any derivative work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such derivative work shall be owned by 1id and all right, title and interest in and to each such derivative work shall automatically vest in 1id. I-Broker shall have no obligation to grant you any right in any such derivative work.
YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY 1ID SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL 1ID, ITS LICENSORS AND CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF 1ID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN 1ID'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES.
1id and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to:
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND 1ID, OR AS REQUIRED BY AN APPLICABLE OASIS OR XDI.ORG SPECIFICATION, RULE, POLICY, OR STANDARD, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED IN CONNECTION WITH REGISTRANT'S XRI ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. I-BROKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. I-BROKER MAKES NO WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET REGISTRANT'S REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES I-BROKER 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 I-BROKER'S SERVICES.
REGISTRANT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF 1ID'S SERVICES IS DONE AT REGISTRANT'S OWN DISCRETION AND RISK AND THAT REGISTRANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO REGISTRANT'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
REGISTRANT IS SOLELY RESPONSIBLE FOR DETERMINING IF THE CONTENTS OF THE PRODUCTS AND SERVICES 1ID OFFERS ARE APPROPRIATE FOR REGISTRANT'S INTENDED APPLICATION AND USE. I-BROKER DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES 1ID OFFERS OR THEIR CONTENTS MEET REGISTRANT'S REQUIREMENTS.
NEITHER REGISTRANT NOR I-BROKER SHALL BE LIABLE TO THE OTHER FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF REGISTRANT OR I-BROKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The foregoing provision is not intended to waive or modify (a) i-Broker's right to collect payments for service(s) provided to Registrant, (b) any remedies to which Registrant or i-Broker may be entitled for fraudulent or criminal acts by a party, or (c) any rights that Registrant or i-Broker may have to indemnification in the event of third-party claims, as provided in the Indemnification provisions below.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO REGISTRANT, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO REGISTRANT, AND REGISTRANT MIGHT HAVE ADDITIONAL RIGHTS.
I-BROKER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF I-BROKER'S WEBSITES OR SERVICES OR ANY TRANSACTIONS WITH THIRD PARTIES ENTERED INTO THROUGH SUCH WEB SITES OR SERVICES. I-BROKER IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY REGISTRANT FROM A THIRD PARTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY REGISTRANT FROM I-BROKER OR THROUGH I-BROKER'S WEB SITES OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND REGISTRANT MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO REGISTRANT.
You agree to release, indemnify, defend and hold harmless 1id and any of our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of
When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. I-Broker shall have the right to participate in any defense by you of a third-party claim related to your use of any of the 1id services, with counsel of our choice at our own expense. I-Broker shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.
Registrant represents and warrants that:
Registrant agrees that this agreement and the other agreements incorporated by referenced may be modified by 1id from time to time as 1id deems appropriate. Such revised agreements will be posted on 1id's web site at least thirty (30) calendar days before it becomes effective. Registrant agrees that, by maintaining the reservation or registration of your XRI after modifications to any agreement become effective, Registrant has agreed to these modifications.
If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are non-refundable, except as expressly noted otherwise in this Agreement, but you will not incur any additional fees. By continuing to use 1id services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. I-Broker is not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our web site of a general informational nature. No employee, contractor, agent or representative of 1id is authorized to alter or amend the terms and conditions of this Agreement.
Registrant acknowledges that this Agreement may be terminated at any time if Registrant does not agree to such modifications. I-Broker will not refund any fees paid by Registrant on termination. I-Broker may terminate this Agreement or any part of the Services at any time in the event Registrant breaches any obligation hereunder, fails to respond within ten (10) calendar days to an inquiry from us concerning the accuracy or completeness of the information provided to us for purposes of maintaining any XRI registration, if 1id determines that you have violated this Agreement, or upon thirty (30) days prior written notice if 1id terminates or significantly alters a product or service offering. Registrant hereby acknowledges that he or she has read and understands and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement. XRI Global Privacy Policy; Global Dispute Resolution Policy & Procedures; and Global Services Specification.
Registrant may be required to establish an account and obtain a login name, account number and password in order to access or use the 1id service(s) or to modify such account. You authorize 1id to process any and all account transactions initiated through the use of your login name, account number and password. You are solely responsible for maintaining the confidentiality of its login name, account number or password. You must immediately notify 1id of any unauthorized use of its login name, account number or password and Registrant is responsible for any unauthorized activities, charges and/or liabilities made on or through its login name account number or password. In no event will 1id be liable for the unauthorized use or misuse of your login name, account number or password or security authentication option.
Registrant agrees that, if any of its agents, (e.g., its primary contact or administrative contact, Internet Service Provider, employees) purchases the service(s) on Registrant's behalf, Registrant is nonetheless bound as a principal by all terms and conditions herein, including the XRI dispute policy. Registrant's continued use of the service(s) ratifies any unauthorized actions of its agent. By using Registrant's login name, account number or password, or otherwise purporting to act on its behalf, the Registrant's agent certifies that he or she is authorized to apply for the service(s) on Registrant's behalf, that he or she is authorized to bind Registrant to the terms and conditions of this Agreement, that he or she has apprised Registrant of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on Registrant's behalf. In addition, Registrant is responsible for any errors made by its agent.
I-Broker reserves the right to refuse to register Registrant's chosen XRI, provide other services, or to delete Registrant's chosen XRI within the first thirty (30) calendar days from receipt of Registrant's payment for such Services. In the event 1id does not register your chosen XRI(s), does not register you for other service(s), does not provide you with other service(s), or deletes your chosen XRI(s) or other service(s) within such thirty (30) calendar day period, 1id agrees to refund any applicable fee(s) Registrant may have paid. Registrant agrees that 1id shall not be liable to Registrant for loss or damages that may result from 1id's refusal to register Registrant's chosen XRI(s), the deletion of Registrant's chosen XRI(s) or refusal to register Registrant for other service(s).
I-Broker expressly reserve the right to deny, cancel or transfer any XRI registration that it deems necessary, in its discretion, to protect the integrity and stability of the service(s), to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of i-Broker as well as their affiliates, subsidiaries, officers, directors and employees. I-Broker also reserve the right to freeze an XRI during resolution of a dispute.
Except as expressly provided otherwise herein, all notices to 1id shall be in writing and delivered via overnight courier or certified mail, return receipt requested to 1id.com, LLC, Attention: Legal Department, 21010 Southbank St., PMB 500, Potomac Falls, Virginia 20165. All notices to you shall be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to this Agreement) or to any e-mail address associated with your XRI registration(s) with 1id.
You authorize us to contact you as our customer via telephone, at the number provided by you in your account information (as updated by you pursuant to this Agreement), e-mail or postal mail regarding information that we deem is of potential interest to you. Announcements may include commercial e-mails, telephone solicitations and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement. This Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law and the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
You agree that this Agreement, the rules and policies incorporated by reference in this Agreement (including, without limitation, the dispute policy and the privacy statement) are the entire, complete and exclusive agreement between you and us regarding our services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement, including, without limitation, any purchase order provided by you for the services.
Except as otherwise set forth herein, you may not assign or transfer your rights under this Registration Agreement. Any attempt by Registrant's creditors to obtain an interest in Registrant's rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at i-Broker's option. Registrant agrees not to resell the Registered XRI without the i-Broker's prior express written consent.
By applying for the service(s) through 1id's online application process or otherwise, or by using the service(s), you acknowledge that you have read and agree to be bound by this Agreement and any documents incorporated by reference.
Neither party nor their employees, consultants, contractors or agents are agents, employees or joint ventures of the other party, and they do not have any authority to bind the other party by contract or otherwise to any obligation. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of 1id. The remedies of 1id under this Agreement shall be cumulative and not alternative, and the election of one remedy for a violation shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any violation shall not be construed as a waiver of any rights arising out of any prior or subsequent violation.
I-Broker does not guarantee the security of Registrant's XRI registration records, and Registrant assumes all risks that the security option it selects is compromised as a result of fraudulent, unauthorized or illegal activity.
You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your products incorporating or using any 1id services in violation of the laws and regulations of any applicable jurisdiction.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, 1id may immediately terminate this Agreement.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
In the event this Agreement terminates as provided herein, Sections 1, 3 through 6, 9 through 13, 14(c), 14(d), and 18 through 34 of this Agreement shall survive such expiration or termination.
Effective Date: June 30, 2006
