Intergrow Domain Center| Registration Contract

01/31/2007

Intergrow, Ltd. Domain Registration Contract

Preliminaries: Intergrow, Ltd, dba Intergrow Managed Web Creations, works in conjunction with an ICANN accredited domain registrar. The purpose of this Registration Agreement ("the Agreement") is to specify the terms, conditions, and obligations which a customer agrees to accept by his, her or its conduct of using the Services of Intergrow for the registration and renewal of the registration of a domain name, or by opening an account with Intergrow for such purpose.

Index

1. Definitions
2.   The Agreement (Basics)
3.   Rights to a Domain Name
4.   Fees, Payments and Terms
5.   Certifications
6.   Modifications to Agreement
7.   Safeguarding Your Account
8.   Domain Name Disputes
9.   Announcements
10. Required Information
11. Personal Information
12. Maintaining Accurate and Updated Information
13. Third Party Use
14. Use and Access of Required Information
15. Access and Modification of Required Personal Information
16. Limitation and Consent
17. Limitation of Liability
18. General Indemnity
19. Breach
20. Abuse of Service
21. No Guaranty
22. Disclaimer of Warranties
23. Revocation
24. Right of Refusal
25. Transfer of Domain Name by Registrant
26. Severability
27. Non-Agency Among the Parties
28. Non-Waiver
29. Notices
30. Agents
31. Entirety
32. Choice of Law and Venue
33. Infancy
34. Acceptance

1. Definitions: As used in this Agreement, the following terms have the following meanings: (a) "you" and "your" refer to each customer, that is, each person who registers a domain name with Intergrow, and/or opens an account with Intergrow either for that person or on behalf of a third party;
(b) "we," "us," and "our" refer to Intergrow;
(c) "Services" refers to the domain services provided by us as offered through Intergrow.com, the Registration Service Provider ("RSP");
(d) "Account" means a wholesale account opened with Intergrow for the registration of domain names and the payment for such registrations;
(e) "Account Information" refers to information about you as may be required by our domain name registration, reservation, renewal, or transfer processes, and by our process for opening a new wholesale account;
(f) "Registrar" means a domain name registrar, whether or not accredited by ICANN; (g) "Top Level Domain" means the highest-level extension of a domain name, i.e., .com, .net., org., .info, .biz, .us;
(h) "Registry" means the domain name registry associated with the Top Level Domain of the domain name you have registered;
(i) The term "New Registry" applies to a Registry associated with any new ICANN-approved Top Level Domain during the time that such Registry is in either the Sunrise Period or the Land Rush Period for such a new Top Level Domain, as well as during the time it is continuing to administer disputes and domain name allocations issues which arose during these periods;
(j) "Sunrise Period" means a specified time period, after the commencement of registrations for domain names in any new ICANN-approved Top Level Domain, during which challenges to new registrations and registrants for such domain names must be resolved through an administrative resolution process specified by the applicable New Registry; and,
(k) "Land Rush Period" means a specified period of time, commencing immediately after the conclusion of any Sunrise Period (including any "cooling-off" portion of such period) wherein multiple registrants may seek the registration of the same domain name within a New Registry, and such domain name will thereafter be allocated by the Registry.

2. The Agreement (Basics): This Agreement explains our obligations to you, and explains your obligations to us, for various Services. By using our Services, you have agreed to establish an account with us for such Services. When you use your account, or permit someone else to use it for any purpose whatsoever (whether or not we are notified of your having given authorization to such third party to use your account), this Agreement covers such use and the service sought or rendered. By opening an account with Intergrow, or by using any Services under this Agreement (such as the registration or renewal of a domain name), you acknowledge that you have read, and you agree to be bound by all terms and conditions of this Agreement, and any pertinent rules or policies that are or may be published by us.

3. Rights to a Domain Name: We cannot and do not check to see whether a domain name you select, or whatever use you make of a domain name, infringes the legal rights of others. We urge you to investigate whether a domain name you select may infringe legal rights of others, and we urge you seek the advice of competent counsel for this purpose. You should consider seeking one or more trademark registrations in connection with your domain name. Also, it is possible that we might at some time be ordered by a court to cancel, modify, or transfer your domain name. If we are sued or threatened with lawsuit in connection with the registration of your domain name, we may, at our discretion, turn to you to hold us harmless and indemnify us.

4. Fees, Payments and Terms: As consideration for the services you use, you agree to pay us the applicable service fees. These fees can be found at Domains. All fees payable there under are non-refundable unless we provide otherwise. Intergrow reserves the right to change these fees, or to institute additional fees, at any time. As further consideration for the Services, you agree to:
(a) Pay all applicable service fees in a prompt and effective manner, or, if (at our sole discretion) credit is granted, in due time;
(b) Authorize us to delete, reassign, or auction unpaid domain names in order to cover any fees due which have not been timely paid in full, plus any legal or collection fees;
(c) Provide current, complete and accurate Account Information during any registration, reservation, renewal, or transfer process;
(d) Maintain and update your Account Information as necessary in order to keep it current, complete and accurate; and
(e) Authorize us to disclose to third parties any such Account Information for any purpose.

5. Certifications: By completing and submitting the domain name registration, renewal, reservation, renewal, or transfer applications ("Applications"), you represent that the statements you make in any such applications are true, and that the registration, reservation, renewal, or transfer of the selected domain names, so far as you are aware, does not interfere with or infringe upon the rights of any third party. You also represent that the Domain Name is not being registered, reserved, renewed, or transferred for any unlawful purpose.

6. Modifications to Agreement: (a) You agree that, during the period of this Agreement, we may:
(i) revise the terms and conditions of this Agreement; and
(ii) change the services provided under this Agreement.
(b) Any such revision or change will be binding and effective immediately on posting of the revised Agreement or any change to services on our website, or upon notification to you by email or regular mail as per the Notices provision of this agreement, Paragraph 23. You agree to review our website, including this Agreement, periodically to apprise yourself of any such revisions or changes
(c) If, after any such revision or change has been made by us, you decide that you do not wish to be bound by such change, you may transfer any and all of your domain names registered or reserved with us to another registrar. You agree that, unless and until you transfer all such domain names in such manner, or you cancel your registration of all such domain names, in writing or by email to Intergrow as per Paragraph 23, you shall be bound any revisions or change made by us as described in Paragraph 5(a).

7. Safeguarding Your Account: 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. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

8. Domain Name Disputes: (a) If you reserve or register a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the ICANN Uniform Dispute Registration Policy ("the Dispute Policy") as this policy may be in effect at the time any dispute arises regarding claims by third parties to any rights to your domain name. This Dispute Policy is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy and applicable rules may be found at: http://www.icann.org/udrp/. Please take the time to familiarize yourself with this policy.
(b) If you register a domain name associated with a New Registry during an applicable Sunrise period, you agree to be bound by any Sunrise Dispute Resolution Policy ("SDRP") for that Registry.
(c) In the event that a domain name dispute arises with any third party, you agree that you will indemnity and hold Intergrow, as well as its directors, officers, employees, and agents, harmless against all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration and any dispute concerning such registration.
(d) In the event that a domain name dispute results in a judicial proceeding, you agree to submit (without prejudice to other potentially applicable jurisdictions) to the jurisdiction of the courts of the registrant's domicile and of Intergrow's places of business as they may be located from time to time. Currently, Intergrow is located in Pennsylvania, U.S..
(e) You agree that the registration of a domain name shall, for the following reasons, be subject to suspension, cancellation, or transfer pursuant to any policy adopted by ICANN, as well as to any procedures of Intergrow not inconsistent with an ICANN adopted policy: (i) to correct mistakes made by Intergrow or other ICANN accredited registrars and the registry in the registration of a domain name; and (ii) for the resolution of disputes concerning a domain name.

9. Announcements: We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and of 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 for or to enhance your identity on the Internet.

10. Required Information: (a) You must provide certain information in order to register or renew a domain name with Intergrow, and you must keep this information up-to-date, complete and accurate if you are to maintain your registration of that domain name. This Required Information is specified in the Intergrow domain registration database, found at Domains login to account info and includes:
(i) Contact Information: your full name, postal address, email address, voice telephone number, and fax number (if available);
(ii) For Organizations: If the registrant is a partnership, union, association, corporation, or other organization, you must also provide the name and contact information of an authorized person for contact purposes;
(iii) IP Addresses and Server Names: The IP address of the primary nameserver, and of any secondary nameservers, for the domain name, and the corresponding names of those nameservers;
(iv) Technical and Administrative Contacts: The following contact information for both a technical contact and an administrative contact for the domain name:
    (A) the full name, postal address, email address, voice telephone number, and (if available) fax number of the technical contact for the domain name;
    (B) the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name; and
    (C) the name, postal address, email address, voice telephone number, and (if available) fax number of the zone contact for the domain name; and
(v) any remark concerning the registered domain name that should appear in the Whois data.
(b) You acknowledge that ICANN and the Registry for the Top Level Domain for your domain name may impose and alter guidelines, limits, and requirements relating to: the amount and type of information you must provide during the registration process; what information Intergrow may or must make available to the public or to private entities; and the manner in which Intergrow may or must make such information available. You agree to abide by such guidelines, limits, and requirements, as they exist now and as they may change from time to time.

11. Personal Information: Credit card information and a registrant's password, as those items may be provided during the registration and renewal processes, shall be treated by Intergrow as Personal Information. Intergrow shall not disclose Personal Information, except as may be required by applicable law, by ICANN policies or procedures (as they may change from time to time), and, with regard to credit card information, as necessary in order to complete the transactions called for under this Agreement.

12. Maintaining Accurate and Updated Information: Should there be any changes or errors in your Required or Personal Information as that information is specified in paragraphs 10 and 11, above, you must immediately notify Intergrow of those changes, errors, and any corrections. Providing inaccurate or incomplete information, or failing to update information promptly, or failing to respond within fifteen (15) calendar days to inquiries by Intergrow concerning the accuracy of Required Information will constitute a material breach of this Agreement, and Intergrow may, in its discretion, reassign, cancel or revoke the registration of your domain name for such breach.

13. Third Party Use: Some domain name registrants intend to license the use of their domain name to a third party. Should you license to, or otherwise allow the use of a domain name by a third party, whether for profit or otherwise, you will nonetheless remain the registrant of record, and remain responsible for complying with the provisions of paragraphs 10, 11 and 12 above, and 15 below, regarding your own Required and Personal Information. Further, you shall remain responsible for any and all harm caused by wrongful or unlawful use of the domain name, subject to applicable laws and to the following exception: (i) you promptly disclose the identity of the third party user to any other party which provides you with reasonable evidence of actionable harm caused through use of the domain name; and (ii) you were not involved with, nor sanctioned, encouraged, or tolerated such wrongful or unlawful use of the domain name.

14. Use and Access of Required Information: (a) Anyone may access a registrant's Required information to the extent that information may appear on the Whois form available for that purpose on the Intergrow website. The purposes for the collection of Required Information by Intergrow are: (i) to accurately, efficiently, and effectively process the registration application of the registrant and administer on a continuing and global basis the registration of domain names by itself and in coordination with ICANN and other ICANN accredited registrars; (ii) to identify to users of the Internet the registrants of specific domain names; iii) to enable Intergrow to identify, for its own business purposes, geographic, commercial, and marketing trends in the use and registration of domain names; and (iv) to abide by the requirements of the ICANN as that body may from time to time require the disclosure and processing of Registrant Information. In addition, Intergrow may disclose any Required Information, specified in paragraph 10, above, to third parties or to the public at large, for any purpose and at its discretion. Intergrow does not promise or represent that any such information, once provided as part of the registration process, will be maintained in secrecy, or otherwise withheld from the public for any purpose.
(b) Intergrow will take reasonable precautions to protect Required Information and Personal Information from loss, misuse, unauthorized access or disclosure, alternation, or destruction, consistent with the provisions of this Agreement.

15. Access and Modification of Required and Personal Information: You may request a copy of your Required or Personal Information as maintained in Intergrow's records, and may modify or update such information. To request, modify, or update information, send an email request to Intergrow at support@intergrow.com Telephone calls or written correspondence for this purpose will not be accepted. The email request must include your account ID, address, email address, telephone number, and domain password as currently on file. All Registrant Information requested or updated in this manner will be sent or confirmed by email.

16. Limitation and Consent: (a) Intergrow agrees that it shall not process the Required and Personal Information provided by you in a way which is incompatible with the purpose and other limitations set forth in paragraphs 11 and 14.
(b) You consent to the use and processing of the Required and Personal Information as described in this Agreement.

17. Limitation of Liability: (a) You agree that our entire liability, and your exclusive remedy, with respect to any service provided under this Agreement, and any breach of this Agreement by Intergrow, whether inadvertent or intentional, is solely limited to the amount you paid for such service. You agree that we, and our contractors, shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use, malfunction, or unavailability of any of the services, or for any costs incurred in obtaining substitute services. In the event that the law in which a court of competent jurisdiction and venue, as defined by this Agreement, resolving a dispute under this Agreement does not allow, or otherwise limits, the exclusion or limitation of liability for consequential or incidental damages, you agree that our liability before such courts is limited to the extent permitted by the applicable law. We disclaim, and you agree to hold us harmless from, any and all loss or liability resulting from, but not limited to:
(i) loss or liability resulting from access delays or access interruptions;
(ii) loss or liability resulting from data non-delivery or data misdelivery;
(iii) loss or liability resulting from acts of God;
(iv) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password;
(v) loss or liability resulting from errors, omissions, or misstatements in any and all information or services provided under this Agreement; and (vi) loss or liability resulting from the development or interruption of your Website or email service. (b) You agree that we will not be liable for any loss of registration, or use by a third party, of registrant's domain name; or for any interruption of business; or for any indirect, special, incidental, or consequential damages of any kind (including lost profits). Such waiver on your part of any liability on the part of Intergrow shall be effective regardless of the form of any action which might be brought whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. Furthermore, in no event shall our maximum liability exceed five hundred ($500.00) dollars.

18. General Indemnity: (a) You agree to defend, indemnify and hold harmless Intergrow, and any other relevant domain name Registry, as well as the contractors, agents, employees, officers, directors and affiliates of us and these registries, from all liabilities, claims and expenses (including attorney's fees) of third parties relating to or arising (i) under this Agreement, (ii) the Services provided hereunder, or (iii) your use of the services.
b) This defense, indemnification, and hold-harmless agreement covers, without limitation, any infringement by you (or by someone else using your email service or identity) of: (i) any intellectual property or other proprietary right of any other person or entity; and (ii) the violation of any of our operating rules or policies relating to the services provided.
(c) In the event that we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify any relevant domain name registry or us. Your failure to provide those assurances may be considered by us to be a material breach of this Agreement, and will authorize us, at our discretion and without further notice, to suspend, cancel or transfer your domain name, and to suspend or terminate your account.
(d) You acknowledge that any New Registry will have no liability of any kind for any loss or liability resulting from the proceedings or processes relating to any Sunrise or Land Rush Periods, including, without limitation: (i) the ability or inability of a registrant to obtain a Registered Name during these periods; and (ii) the results of any dispute over a registration made or sought during a Sunrise Period.

19. Breach: You agree that your failure to abide by any provision of this Agreement, of any operating rule or policy published by us, or of the Dispute Policy, may be considered by us to be a material breach. We may provide a written notice describing such breach to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence which, in our discretion, is reasonably satisfactory that you have not breached your obligations under the0 Agreement, you authorize us to cancel or suspend your registration or reservation of your domain name, or terminate your account or other services we may be providing, without further notice. Any such breach by you shall not be deemed to be excused for the mere reason that we failed to recognize such breach at an earlier time, or, having recognized such breach, having failed to provide notice sooner in response to such breach. Further, no breach or remedy for any breach shall be deemed waived unless and until we provide written notice to you specifying such waiver.

20. Abuse of Service: (a) You agree not to abuse the services provided by Intergrow, whether intentionally or negligently. Abuse of service is any activity involving the use of services provided by Intergrow which (i) adversely affects the service that Intergrow can provide to other customers; (ii) adversely affects the ability of Intergrow to administer itself or to administer its services; (ii) adversely affects the ability of Intergrow to abide by ICANN policies and procedures, or by the laws or regulations of any state in which Intergrow customers may reside or do business; (iv) makes use of Intergrow's services to violate the laws or regulations of any jurisdiction in which the Internet may operate; or (v) adversely affects the legal rights of a third party.
(b) You hereby represent and agree that, to the best of your knowledge, neither the registration of the domain name, nor the manner in which it will directly or indirectly used, infringes the legal rights of any third party.
(c) Examples of abuse of service include, but are not limited to, the following:
    (i) Using automated means to repeatedly, and in a continuous fashion, attempt to register domain names, or make use of Whois services to survey domain names, whether or not those domain names have been previously registered by another party, in such a manner as to pose the risk of impeding Intergrow from providing timely service to other subscribers;
    (ii) Using domain names registered through Intergrow to send unsolicited mass mailings of a commercial nature to Internet users, e.g., spamming;
    (iii) Using Intergrow's servers, without the prior authorization of Intergrow, as part of a method of sending anonymous email to one or more Internet users;
    (iv) Registering a domain name with the intent to deprive a rightful holder of a trademark the value or benefit of that holder's use or possession of such trademark.
(d) You agree that abuse of service is a material breach of this agreement. You further agree that, in the event Intergrow obtains credible information that you have engaged in service abuse, it may, in addition to any remedies available under Paragraph 19 above, appropriate any and all funds you may have placed on deposit with Intergrow for payment of services anticipated but not yet rendered and reassign, cancel or suspend the registration of your domain name(s). At the time of such appropriation, Dot Register shall provide notice to you of its action and the basis of such action, including the specific allegation constituting abuse of service, and a brief description of the evidence that Intergrow currently has and intends to rely upon to establish the allegation. Any appropriated funds or domain names may be returned to you upon your demonstration, within ten days of the notice (as determined in paragraph 29) and to the satisfaction of Intergrow, that you have not engaged in the abuse of service specified in the notice; or upon an order of a court of competent jurisdiction under this agreement commanding such return.

21. No Guaranty: You understand and 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.

22. Disclaimer of Warranties: You warrant that the information that you provide to us to register or reserve your domain name or register for other Services is, to the best of your knowledge and belief, accurate and complete, and you agree to provide any future changes to this information to us in a timely manner, and in accord with the modification procedures in place at that time. You agree that your use of our services is solely at your own risk. You agree that such Services are provided on an "as is," and "as available" basis. We expressly disclaims 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 services 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 services or as to the accuracy or reliability of any information obtained through the our email service, or that defects in the services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our email 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 email service or any transactions entered into through the email service. No advice or information, whether oral or written, obtained by you from us or through the email service shall create any warranty not expressly made herein. (Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.)

23. Revocation: You agree that we may, at our discretion, reassign, cancel or suspend the registration of your domain name, or terminate your right to use other services, if the Account Information which you provided or updated contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register, renew, reserve or transfer your domain name. You agree that we may, in our sole discretion, deactivate or transfer your domain name at any time subject to domain name ownership and registration rights under applicable law and the liability provisions within this agreement.

24. Right of Refusal: We, in our sole discretion, reserve the right to refuse to register, renew, reserve, or transfer your chosen domain name, or provide you with other services, or cancel or suspend the registration of your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register, renew, reserve, or transfer your domain name or provide you with other Services, or we cancel or suspend your domain name or other services within such thirty (30) calendar day period, we agree to refund your applicable fees. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, renew, reserve, or transfer your domain name; from our cancellation or suspension of the registration of your domain name; or from our refusal to provide you with other services.

25. Transfer of Domain Name by Registrant: (a) You may request a transfer of the registration a domain name from another Registrar to Intergrow. Alternatively, you may request a transfer of a domain name from registration with Intergrow to registration with another Registrar. Under either circumstance, no such request for a transfer will be honored by Intergrow for a period sixty (60) days after your initial registration of the domain name, that is, upon your initial registration of the name, regardless of whom your initial Registrar might have been, Intergrow will not honor any transfer request, to or from Intergrow, for a period of sixty days (commencing on the day after such registration); thereafter, Intergrow will honor your requests for transfers of your domain name as frequently as you may desire.
(b) Intergrow has the right to verify the authenticity of a domain name transfer request, and may reject any such request, in its own discretion, absent credible proof that you or your agent has requested or authorized the transfer of the name.

26. Severability: You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable by a court of competent jurisdiction and venue, as specified in this Agreement, 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.

27. Non-Agency Among the Parties: Nothing contained in this Agreement, the provisions incorporated herein, the rules and policies published by us, or the Dispute Policy established by ICANN and referenced above shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

28. Non-Waiver: Our failure to require performance by you of any provision contained in this Agreement shall not affect our right to require full performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be considered or held to be a waiver of the provision itself.

29. Notices: (a) Unless specified otherwise in this Agreement, any notice, direction, or other communication required or referenced under this Agreement shall be in writing, and shall effective upon delivery by one of the following means: transmission by email, or delivery regular mail.
(b) Notice by email to Intergrow must be sent to support@intergrow.com Notice to you shall be sent to the email address provided by you in your Account Information as it may be updated.
(c) Notice by regular mail to Intergrow shall be sent to:
    Intergrow, Ltd.
    8178 Silver Birch Way
    Coraopolis, PA 15108
(d) Notice by regular mail to you shall be sent to the mailing address provided in your Account ID (or any affiliate application provided by Intergrow) as it may be updated.
(e) Any email communication shall be deemed to have been 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., Miami, Florida (Eastern Time), and, otherwise, on the next business day. Any communication sent via regular mail shall be presumed to have been validly and effectively delivered 5 business days after the date of mailing.

30. Agents: (a) If an account is opened, or our services are utilized or purchased, on your behalf by an agent (e.g., an Internet Service Provider or your employee) you agree that you are bound as a principal to this agreement, by the actions of that agent, to all terms and conditions herein including the Dispute Policy.
(b) If you are acting as an agent, that is, opening an account or registering a domain name, on behalf of another person, You hereby represent and agree that you have provided notice equivalent to that set forth in paragraphs 10 through 15, above, to any third party individuals whose Registrant Information you have supplied to Intergrow; and that you have obtained consent equivalent to that referred to in paragraph 16, above, from any such third party. You agree that if we receive instructions regarding the domain name(s) from you principal, and that principal is properly identified as being the registrant of the domain name(s), you authorize us to comply with such instructions.

31. Entirety: You agree that this Agreement, the provisions incorporated herein, the rules and policies published by us, and the Dispute Policy established by ICANN and referenced above, constitute the complete and exclusive agreement between you and us regarding our services. This exclusive agreement supersedes any and all prior agreements and understandings, whether established by custom, practice, policy, or precedent.

32. Choice of Law and Venue: This agreement and all rights hereunder shall be governed by the laws of the State of Florida. Any judicial action relating to this Agreement, or to the use of the Intergrow.com site, shall be brought exclusively in the state or federal courts of the State of Florida, in the United States: if state court, then in the courts of Florida, in Dade County; and if federal court, in the Southern District of Florida, Dade County Division. This provision is subject to any exceptions or contrary provisions set forth in Paragraph 8, above.

33. Infancy: You attest that you are of legal age in your domicile to enter into this Agreement. In the event that you are not of such age, then we are authorized, at our discretion to terminate this agreement and to cancel the registration of your domain names.

34. Acceptance: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING AS A CUSTOMER OF INTERGROW AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.