Terms of Service

   This Services Agreement (as it may be amended by us from time to time) ("Agreement") between you ("you", "your" or "Customer") and SEC Labs, Inc. (“SEC Labs” or “Charter.edu”) sets forth the terms and conditions of your use of the services set forth herein (collectively, the "Services").

   This Agreement explains our obligations to you, and your obligations to us in relation to the Service(s). When you or someone else you have permitted, uses, modifies or cancels the Service(s) on your behalf (even if we were not notified of such authorization), or requests or purchases additional services under your account, this Agreement covers any such service or actions.

   You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement.

   YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHTS IN A DOMAIN NAME ARE NOT EXCLUSIVE, AND ARE ONLY COMPRISED OF THOSE RIGHTS CONVEYED TO YOU IN THIS AGREEMENT, AND SUBJECT TO THE LIMITATIONS STATED HEREIN.

Your Representations

   By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate, and your contact information will be kept current; (b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not use the domain name in violation of any applicable laws or regulations or Charter.edu’s rules or policies. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights.

Domain Name Registrant

   When registering a domain name with us, you will be asked to designate a registrant for the domain name. The registrant of a domain name possesses all rights granted by Charter.edu under this Agreement to act with respect to that domain name and any other services obtained from Charter.edu for use with that domain name. These rights include (but are not limited to) the authority to terminate or modify such services, or obtain additional services.

Administrative Contact

   During the registration process or thereafter, you must also designate an administrative contact. The administrative contact may be the same person or entity as the registrant, or may be different. The registrant is responsible for all actions or omissions of the administrative contact.

Domain Forwarding

   Domain Forwarding provides you with the capability to forward visitors to a domain name residing with Charter.edu to a Web site designated by you (a "forward to address"). You acknowledge and agree that you may use Domain Forwarding to link your domain name to a forward to address, but you may not use Domain Forwarding for unlawful purposes, in violation of any applicable laws or regulations, in violation of Charter.edu rules or policies, for the forwarding of a domain name not registered in your name, the forwarding to an invalid forward to address, or the unauthorized forwarding to a third party Web site.

Web Site Hosting

   Charter.edu Web site hosting provides the ability to create and publish Web sites. Additional terms and conditions apply to Charter.edu’s hosting and Web site building services. Such terms and conditions are incorporated by reference into this Agreement.

Fees, Service Term, Renewal Reminders

   As consideration for the Service(s), you agree to pay Charter.edu the applicable Service(s) fees set forth on our Web site at the time you request the Service from Charter.edu. All fees are due immediately and are non-refundable. We reserve the right NOT to accept payment by check or cash. Each domain name registration is for a one-year initial term.

   Any renewal of your Services with us is subject to our then-current terms and conditions, including, but not limited to, payment of all applicable Service fees at the time of renewal and, in the case of renewal of a domain name registration, the registry administrator's acceptance of such renewal. Except with respect to Services to which you subscribe on a monthly basis, we will attempt to provide you a renewal reminder prior to the renewal of your Services at least fifteen (15) days in advance of the renewal date. In the case of domain name registrations, Charter.edu will attempt to send this reminder by email to the administrative contact and registrant on file for the domain name registration. Additional payment terms apply to certain Charter.edu Services, as set forth in this Agreement.

   You agree to pay all value added, sales and other taxes related to the Service(s) provided to you hereunder. All payments of fees for the Service(s) provided by Charter.edu shall be made in U.S. dollars.

   In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or renewal fee, you acknowledge and agree that the Service for which such fee has not been paid may be suspended, canceled or terminated, in Charter.edu’s sole discretion, or, in the case of a domain name, transferred to Charter.edu as the entity that has paid the applicable fee or otherwise modify the contact information in the WHOIS record for such domain name registration to include Charter.edu contact information or that of a third party. In addition, we reserve all rights regarding such domain name registration including, without limitation, the right to (a) make the domain name registration available to other parties for purchase; and (b) to disable the DNS so that the domain name no longer resolves on the Internet, or to direct the domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other page that may include promotions and advertisements for, and links to, Charter.edu Web site, Charter.edu’s product and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines, as well as advertise the sale or auction of such domain name registration. We will reinstate any such Service solely at our discretion, and subject to our receipt of the applicable Service or renewal fee and our then-current reinstatement fee.

   ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED OR CANCELLED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM. Charter.edu reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you.

   You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection.

   You acknowledge that you assume all risk and all consequences if you wait until close to or after the end of a Service term to attempt to renew such Service. If a Service is not successfully renewed prior to the expiration of its then-current term, all your rights to such Service will terminate, and we will have no obligation to allow you to renew a Service once its expiration date has passed.

   Specifically, with respect to domain names, you acknowledge and agree that Charter.edu may, upon expiration or termination, elect, at its sole discretion, to: (i) delete the domain name, (ii) renew the domain name on behalf of a third party, or (iii) otherwise make such domain name available to third parties.

Your Obligations – Service Renewal

   Regardless of whether you are enrolled in any of our automatic renewal programs, you are solely responsible for the credit card and billing contact information you, your agents or Assignees provide to Charter.edu and you acknowledge and agree that you will promptly inform Charter.edu of any changes thereto (e.g., change of expiration date or account number).

   You are solely responsible for ensuring the Services are renewed. Charter.edu SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.

User Name and Password; Account Manager

   The first time you apply to use Charter.edu services, you will be asked to select a User name and password. That User name and password are the means through which you access certain of the Services. You acknowledge and agree that it is your responsibility to safeguard the User name, password and any secret question/secret answer you select from any unauthorized use, including by your agents and Assignees. IN NO EVENT WILL Charter.edu BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR USER NAME OR PASSWORD.

Assigning Rights to Manage Your Domain

   A Registrant may assign certain rights to manage his, her or its account (including all domain names and other services purchased through the account) to the Administrative Contact and/or the Technical Contact of the domain name and/or the account (the "Assignees"). The rights assignable by the Registrant include, for example, the right to manage the domain name servers, email, Web site forwarding, Web site hosting and any other services associated with a domain name, and the right to purchase and/or renew all such services on behalf of the Registrant.

   You agree that if you assign any rights to manage your domain name to an Assignee, YOU WILL BE JOINTLY AND SEVERALLY RESPONSIBLE, WITH THE ASSIGNEE, FOR ALL OF THE ASSIGNEE'S ACTIONS, AS YOUR AUTHORIZED AGENT, AND Charter.edu WILL HAVE NO LIABILITY FOR THE ACTIONS OF YOUR ASSIGNEE. Assignees have no rights under, and are not intended beneficiaries of, this Agreement. A Registrant may revoke the rights granted to an Assignee at any time by changing the rights delegation settings in account manager, or by contacting customer service. Before an Assignee may manage a domain name, the Assignee must first agree to abide by the terms and conditions of this Agreement.

   When assigning such rights, a Registrant should never share its user name and password with an Assignee. Assignees are given their own user names and confidential passwords, which allow them to perform the rights delegated to them by the Registrant.

Security

   You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under that account and in connection with your use of the Service(s), and for any other actions taken in connection with a registered domain name, including those of your agents, assignees and other users to whom you give e-mail accounts associated with your domain name(s) ("E-mail Users"). You agree to notify Charter.edu immediately of any unauthorized uses of the account or any other breaches of security. You acknowledge and agree that Charter.edu cannot and will not be liable for any loss or damage from the failure to comply with this security obligation, from shared or unsecured user names and passwords, or for any acts or omissions, of you or any of your agents, assignees or E-Mail Users, including any damages of any kind incurred as a result of such acts or omissions.

Information and Its Use

   You hereby acknowledge and agree that, in connection with your use of certain of Charter.edu services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate.

   In addition to such other information that Charter.edu may require you to provide in order to obtain the Services, Charter.edu requires that you submit the following information in connection with domain name registration, administration and renewal services:

• Your full name (or the name of the entity and authorized contact person, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, where available;
• The domain name being registered; and
• The name, postal address, email address, voice telephone number, and where available, fax number for the registrant, administrative contact, technical contact and billing contact for the domain name registration.

   You acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed, in Charter.edu sole discretion.

Additional Information Maintained

   In addition to the information you provide, we maintain records relating to any domain name application received by Charter.edu, as well as any domain name registered through, administered, or renewed by Charter.edu. We also maintain records relating to other Services that we provide to you. These records may include, but are not limited to:

• The original creation date of a domain name registration, renewal, or request for Services;
• The submission date and time of a registration or renewal application, or request for Services to us and by us to the proper registry;
• Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us;
• Records of your account, including dates and amounts of all payments and refunds;
• The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
• The corresponding names of those nameservers;
• The name, postal address, email address, voice telephone number, and where available, fax number of various contacts for the Services;
• The expiration date of a domain name registration; and
• Information regarding all other activity between you and us regarding your use of the Services.

Accurate Data

   You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be a sufficient basis for cancellation of your domain name registration or Service(s), in our sole discretion. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to an inquiry by Charter.edu concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be a sufficient basis for cancellation of your domain name registration.

Disclosure and Use of Information

   You acknowledge and agree that, pursuant to Charter.edu’s Privacy Policy, Charter.edu may make available information you provide or that we otherwise maintain, to such public or private third parties as applicable laws require or permit, including, but not limited to, making publicly available, or directly available, some or all of such information: (i) for inspection by law enforcement officials (including in the case of potential criminal activity); (ii) to respond to criminal and civil subpoenas and court orders that reasonably appear to be valid; (iii) in connection with the sale of all or certain of our assets; (iv) to enforce or apply the terms of this Agreement; and (v) to protect the rights, property, or safety of Charter.edu, our users, or others, whether during or after the term of your use of the Service.

   You further acknowledge and agree that Charter.edu may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws.

   You hereby consent to any and all such disclosures and use of, guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any Services (including any updates to such information), whether during or after the term of your registration of a domain name or other Services. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by Charter.edu.

   Charter.edu will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. Charter.edu will have no liability to you or any third party to the extent such reasonable precautions are taken.

Communications

   You acknowledge and agree that communications with Charter.edu are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of Charter.edu.

Ownership of Data

   You acknowledge and agree that Charter.edu owns all database, compilation, collective and similar rights, title and interest worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to Charter.edu a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (a) the original creation date of a domain name registration or other Service, (b) the expiration date of a domain name registration or other Service, (c) the name, postal address, email address, voice telephone number, and where available fax number of the contact person for a Service, or of the registrant contact, technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any other information concerning a registered domain name or Service that appears or may appear in a WHOIS database or Charter.edu database, and (e) any other information we generate or obtain in connection with the provision of the Services. Charter.edu does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name and Charter.edu databases.

System Performance Degradation

   Charter.edu depends upon its own and third party, including registry administrators, computer systems to provide the Services, and to provide timely information to Charter.edu customer service team. Occasionally, these computer systems are subjected to exceptional volumes of incoming data, service requests, processes, electronic mail messages, and/or WHOIS queries that result in significant degradation of system processing and response time. Regardless of the reason, in those instances when there is system performance degradation, Charter.edu reserves the right, in its sole discretion, to filter or block electronic messages, data and/or processes originating from or traveling to the identified sources of the high volume traffic. Charter.edu will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. Charter.edu further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.

   Finally, you acknowledge and agree that if your server is involved in an attack on any computer system, either with or without your knowledge or complicity, your account will be shut down while the matter is investigated and resolved in Charter.edu’s absolute discretion.

Limitation of Liability

   YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT Charter.edu WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF YOUR SERVICE(S), (b) USE OF OR INABILITY TO USE THE SERVICE(S), (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR A SERVICE (INCLUDING, WITHOUT LIMITATION, TO WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME), (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND CHARTER.EDU’s AND SUBCONTRACTOR'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, (h) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR Charter.edu POLICY (INCLUDING, WITHOUT LIMITATION, ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES), (i) DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS; (j) TRANSACTIONS CONDUCTED ON A USER WEB SITE, INCLUDING FRAUDULENT TRANSACTIONS; (k) LOSS INCURRED IN CONNECTION WITH YOUR SERVICE(S), INCLUDING IN CONNECTION WITH E-COMMERCE TRANSACTIONS; (l) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (m) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING YOUR SERVICE(S), OR (n) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE(S).

   Charter.edu ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Charter.edu HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Charter.edu'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). 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 MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

   You agree to defend, indemnify and hold harmless Charter.edu, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to (i) your use of or connection to the Services, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular Service registered in your name, (ii) your use of any domain name registration or other Service; (iii) your Content; (iv) your breach or violation of any term, condition, representation or warranty of this Agreement; or (v) your violation of any rights of others.

Disclaimer of Warranties

   THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," AS AVAILABLE BASIS. Charter.edu MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SERVICE GUARANTEES, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. Charter.edu FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY: (i) THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR (iv) THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY Charter.edu, ITS EMPLOYEES, LICENSEES OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE WITHOUT ANY LIMITATION TO THE FOREGOING. Charter.edu MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, OR CANCELLATION OF THE DOMAIN NAME REGISTERED TO YOU.

Suspension, Cancellation, Transfer or Modification of Service(s)

   You acknowledge and agree that Charter.edu may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in Charter.edu sole discretion and without notice to you. You also acknowledge and agree that Charter.edu shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

Governing Law

   Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Wyoming, as if the Agreement was a contract wholly entered into and wholly performed within the State of Wyoming.

Force Majeure

   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 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, Charter.edu may immediately terminate this Agreement and shall have no liability therefore.

Entire Agreement; Section Headings

   This Agreement as well as any additional Charter.edu rules and policies, together with all modifications thereto, constitute the entire agreement between you and Charter.edu concerning your use of the Services, and supersede and govern all prior proposals, agreements or other communications between you and Charter.edu (including, but not limited to, any prior versions of the Agreement). You also may be subject to additional terms and conditions that may apply when you use third party, affiliate or other Charter.edu Services, third-party content or third-party software.

   The section titles in the Agreement are for convenience only and have no legal or contractual effect.