Botanies.com
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This agreement regarding a domain rental or purchase plan (the "Agreement") is made as of the time you click the box marked "OK" or "I Accept" during the checkout process (the "Effective Date") and is by and between Epik, Inc, a Washington Corporation ("Epik"), and the party making such click or selection ("You").
NOW THEREFORE, in consideration of the mutual covenants, and agreements set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each of the parties to this Agreement (each a "Party," and together the "Parties") agrees as follows:
By clicking the box marked "OK" or "I Accept" You are agreeing to enter into this Agreement and to be bound by all of the terms and conditions specified herein. You agree that You are paying for use of the domain name specified at the checkout page (the Domain"). The payment period shall be as selected and specified during the checkout process ("Payment Duration"). The monthly payment amount is also as selected and specified during the checkout process. The first monthly payment shall be due on the Effective Date and shall be due thereafter every month on the same date of each month during the Term. By further and separate agreement with You, and at additional cost, Epik may provide a website found at the address of the Domain (along with related software and documentation) and this page shall be included within the definition of "Domain" and also subject to this Agreement and a separate agreement. If You fail to pay any scheduled payment when due then all rights held by You under this Agreement shall immediately terminate. In the event of such termination, You agree You no longer have the right of use of the Domain, and the Domain may immediately be sold, reassigned, transferred, encumbered, or re-leased to another party at Epik's sole discretion without further obligation to You.
Until the domain is purchased by you, you agree that the Domain is not owned by you. You shall keep the Domain free and clear of all liens and encumbrances. You shall not assign the Domain or this Agreement or any of its rights or obligations hereunder or sublease the Domain.
You shall immediately notify Epik of all details concerning any damage or loss arising out of the functioning or operation of the Domain. You shall not use and/or permit the Domain to be used for any unlawful purpose or for which the website is not designed or reasonably suitable. Further, in the use of the Domain, You shall comply with all governmental laws, regulations and requirements including, but not limited to: (i) The CAN-SPAM Act of 2003, as amended, and any and all Federal Trade Commission enabling regulations; (ii) The Children's Online Privacy Protection Act: (iii) all federal and state statutes and governmental regulations pertaining to privacy, deceptive marketing, data protection and credit; (iv) all government mandated insurance requirements, if any, with respect to the use, maintenance and operation of the Domain. You shall provide Epik any additional information Epik deems necessary or convenient to ensure compliance with all applicable laws. You understand and agree that if at any time it is discovered that You have violated any applicable law or regulation, or it is otherwise required by applicable laws or regulations, Epik may undertake appropriate actions to ensure compliance with such laws or regulations. You understand that Epik may release confidential information about You to proper authorities if Epik, in its sole discretion, determines that it is in the best interests of the Epik in light of relevant rules and regulations under applicable laws to do so. You agree you shall not (i) make any trademark filing in any jurisdiction incorporating or reflecting the same or similar word, or combination of words, as the Domain, nor (ii) utilize the Domain in any manner so as to violate the trademark interests of any third party or Epik. In the event any trademark violation is alleged due to your use of the Domain, you agree you shall be solely and exclusively responsible for the costs of defending against such alleged violation in addition to any damages which may be ultimately awarded.
You shall be in default hereunder, and there shall be a breach of this Agreement, if: a) You fail to pay any monthly payment after the same becomes due, b) You attempt to remove, sell, transfer, encumber, sublet or part with possession of the Domain, or c) You fail to observe or perform any of the other obligations required to be observed or performed by You hereunder ("Default"). In the event of Default, Epik shall repossess the Domain and have no further obligation to You, provided however, You shall be bound by all the terms and conditions of this Agreement as may be set forth herein.
Any term of this Agreement may be amended or waived only with the written consent of You and Epik together. This Agreement constitutes the sole agreement of the parties and supersedes all oral negotiations and prior writings with respect to the subject matter hereof. The validity, interpretation, construction, and performance of this Agreement shall be governed by the laws of the State of Washington, King County. This Agreement binds and benefits the parties' respective successors, permitted assigns, heirs, executors, administrators, and legal representatives. In any dispute between the parties, the prevailing party will be entitled to collect attorneys' fees and costs from the non-prevailing party.
Epik, Inc
704 228th Ave NE
Sammamish, WA 98074, USA
Tel: 425-366-8810
Email: info (at) epik.com