WEBTON REGISTRATION AGREEMENT
Version 1.0
A. Introduction
This Webton Registration Agreement ("Agreement") describes the terms and
conditions of Webton registration. Webton is a specific type of verbal trademarks on the
Internet registered by the Webton Office, defined as a sequence of four (4) to two hundred
and fifty-five (255) characters from those enumerated herein: the alphanumeric characters
of the English alphabet, space (" "), dash ("-"), slash
("/"), ampersand ("&"), comma (","), full colon
(":"), semicolon (";"), and full stop/dot ("."). Webton must
contain at least four (4) alphanumeric characters excluding an initial article (the/a/an)
if present. The Webton Office (WO) is a division of Abibas LLC.
B. Application
The application for a Webton is made by the submission of the Webton Registration
Agreement ("Agreement") located at http://www.webton.com/agreement.htm
to WO by a company or individual ("Registrant"). If this Agreement is accepted
by WO, and the respective Webton is registered in the Webton Register (maintained by WO)
and assigned to the Registrant, the Registrant agrees to be bound by the terms of this
Agreement and the terms of WO's Webton Dispute Policy ("Dispute Policy") which
is incorporated herein by reference and made part of this Agreement. By signing and
submitting the Agreement to WO, the Registrant acknowledges that he/she has read the terms
and conditions of the Agreement and agrees to be bound by them.
C. Fees and Payments
The Registrant agrees to pay the registration fee of ten (10) United States dollars for
the registration of each new Webton or renewal (re-registration) thereof; or the
registration fee of forty (40) United States dollars for the registration of each new
Webton or renewal (re-registration) thereof accompanied by the issue of the respective
Webton Certificate; or the update fee of ten (10) United States dollars for the update of
the respective Webton database record; whichever is applicable. The non-refundable
registration fee covers the period of ten (10) years for each new registration, and ten
(10) years for each renewal. The update fee includes any permitted modification(s) to the
Webton record, such as the modification of the Registrant's street, email, or URL address,
or the optional phone or fax number. The amount due is payable to WO within thirty (30)
days from the date of invoice.
D. Dispute Policy
The Registrant agrees, as a condition of submitting this Agreement, and if this Agreement
is accepted by WO, to be bound by WO's current Dispute Policy at the time of submission.
The current version of the Dispute Policy may be found at the WO web site: http://www.webton.com/dispute.htm. The
Registrant agrees that WO, at its sole discretion, may change or modify the Dispute Policy
at any time. The Registrant agrees that by maintaining the registration of one or more
Webtons after changes or modifications to the Dispute Policy come into effect, the
Registrant accepts these changes or modifications. In the event that the Registrant
considers such changes or modifications to be unacceptable, the Registrant agrees to
cancel the registration of any and all of his/her Webton(s) by requesting the deletion of
such Webton(s) from the Webton Register. The Registrant understands that in such event, no
compensation will be paid by WO for cancelled and deleted Webton(s). The Registrant agrees
that, if the registration of one or more of his/her Webtons is challenged by a third
party, the Registrant will be subject
to the provisions specified in the Dispute Policy.
E. Agents
The Registrant agrees that if this Agreement is completed for the Registrant by an agent
("Agent"), such as an Internet service provider or attorney, the Registrant
shall be bound as a principal by all terms and conditions of this Agreement and the
Dispute Policy.
F. Limitation of Liability
The Registrant agrees that WO shall have no liability to the Registrant for any loss the
Registrant may incur in connection with WO's processing of this Agreement, in connection
with WO's processing of any authorized modification to the Webton record during the
covered period, as a result of the Registrant's Agent's failure to pay either the initial
registration fee or renewal fee, or as a result of the application of the provisions of
the Dispute Policy. The Registrant agrees that in no event
shall the maximum liability of WO under this Agreement for any matter exceed two hundred
United States dollars to any one Registrant.
G. Indemnity
The Registrant agrees, in the event this Agreement is accepted by WO and a subsequent
dispute arises with a third party, to indemnify and hold WO harmless pursuant to the terms
and conditions contained in the Dispute Policy.
H. Breach
The Registrant agrees that failure to abide by any provision of this Agreement or the
Dispute Policy may be considered by WO to constitute a material breach and that WO may
provide a written notice, describing the breach, to the Registrant. If, within thirty (30)
days of the date on which such notice is issued, the Registrant fails to provide evidence
reasonably satisfactory to WO that the Registrant has not breached the Registrant's
obligations, WO may cancel and delete any or all Webton record(s) of the Registrant. Any
such breach by the Registrant shall not be deemed to be excused simply because WO did not
act earlier in response to that, or any other, breach by any Registrant.
I. No Guaranty
The Registrant agrees that the registration of a Webton does not confer immunity from
objection to either the registration or use of the Webton.
J. Warranty
The Registrant warrants by submitting this Agreement that, to the best of the Registrant's
knowledge and belief, the information submitted herein is true and correct, and that any
future changes to this information will be provided to WO in a timely manner according to
the Webton modification procedures in place at the time of such changes. Breach of this
warranty shall constitute a material breach.
K. Revocation
The Registrant agrees that WO may cancel and delete the Registrant's Webton(s) if this
Agreement, or subsequent modification(s) thereto, contain false or misleading information,
or if the Registrant conceals or omits any information WO would likely consider material
to its decision to approve this Agreement.
L. Right of Refusal
WO, at its sole discretion, reserves the right to refuse to approve the Agreement for any
Registrant. The Registrant agrees that the submission of this Agreement does not obligate
WO to accept this Agreement. The Registrant agrees that WO shall not be liable for losses
or damages that may result from WO's refusal to accept this Agreement.
M. Severability
The Registrant agrees that the terms of this Agreement are severable. If any term or
provision is declared invalid, it shall not affect the remaining terms or provisions which
shall continue to be binding.
N. Entirety
The Registrant agrees that this Agreement and the Dispute Policy constitute the complete
and exclusive agreement between the Registrant and WO regarding the registration of
Webton(s). This Agreement and the Dispute Policy supersede all prior agreements and
understandings between the Registrant and WO, whether established by custom, practice,
policy, or precedent. |
