Terms of Service and Limited Warranty: Shel Horowitz reserves the right to refuse any domain name assignment, for any reason, including but not limited to offensive content (pornography, glorification of weapons or war, racism, homophobia, etc.), potential claims by other parties including trademark owners and any other parties, unavailability due to my vacations, illness or other reasons, or lack of cooperation on the part of the client. All domains submitted to client will be available at the time of submission but client’s slow responses may cause those domains to be unavailable. Client understands that domains tend to be taken very quickly. Using or not using any of the provided domains is the choice of the client; failure to use a domain shall not constitute failure to perform the agreed-upon service, and the agreed-upon service is the providing of between 3 and 10 domain names that are available as of the date and time they are submitted to the client.
The limited warranty is limited to the refund of the client’s payment to Shel Horowitz (less any shipping and other costs and any registration and other fees) and such refund will only be made in the event that Shel Horowitz is unable to provide at least 3 domains and such refund will be made within 14 business days. There are no other terms of the said limited warranty.
SHEL HOROWITZ PROVIDES THE DOMAIN NAMES ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHETHER AS TO USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHEL HOROWITZ DOES NOT WARRANT THAT ANY DOMAIN NAME SHALL BE SUCCESSFUL IN CREATING ANY SALES OR INCOME FOR CLIENT AND DOES NOT WARRANT THAT ANY DOMAIN NAME IS CAPABLE OF BEING COPYRIGHTED, PATENTED, TRADEMARKED OR OTHERWISE PROTECTED AND DOES NOT WARRANT THAT THE DOMAIN NAMES WILL NOT INTERFERE WITH THE RIGHTS OF ANY OTHER PARTIES OR BE SUBJECT TO ANY CLAIMS ON THE PART OF ANY OTHER PARTIES. SHEL HOROWITZ SHALL NOT BE LIABLE TO CLIENT OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT COMPENSATORY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR COSTS OF ANY CHARACTER AND WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS IN EXCESS OF THE TOTAL CONTRACT PRICE FOR THE SERVICES RENDERED HEREIN, EVEN IF SHEL HOROWITZ SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. THE WITHIN LIMITATION OF WARRANTIES MAY BE LIMITED BY THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS AND SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO CLIENT AND CLIENT MAY HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
This agreement shall be governed by the laws of Hampshire County, Massachusetts, United States, and any disputes shall be adjudicated only by a court of competent jurisdiction only in that county.
Submission of the order form constitutes agreement to the above Terms of Service and Limited Warranty.
Yes, Shel, I want you to find me a great domain. I understand that you will present at least three choices that might do the job as I describe it below, and that at least one of those will be in my first choice of a TLD extension. I also understand that if for some reason you can't create at least three possibilities, you will refund my fee within 14 business days (less any shipping and handling costs and any registration and other fees). I have read and agree to your Terms of Service and Limited Warranty. On that basis, here's my payment of $197 US. I have given my phone number and e-mail so that you can clarify my needs with me if necessary.
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