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  Domain Name Registration Service Agreement

  Shared Hosting Agreement

Domain Name Registration Service Agreement

Definitions.

• TLDs (top level domains) include .biz, .com, .info, .mobi, .name and .net and also includes ccTLDs (country code top level domains) .bz, .tv, .us and .ws.
• ICANN (Internet Corporation for Assigned Names and Numbers) is a non-profit, non-government organization recognized by the US Government and the Internet Industry as a regulatory body for the system of TLDs.
• The Registry is the electronic directory where all TLDs are held.
• The Registry Administrator (RA) maintains the Registry.
• Abacus America, Inc. is accredited by ICANN as a domain name Registrar for TLDs.

1. Aplus.Net and Names4Ever.com have been selected by Abacus America, Inc. as brand names for providing registration services.
2. Parties. This agreement is between Abacus America, Inc. (REGISTRAR) and the party as specified in the application for the services (CLIENT).
3. Domain name registration. PROVIDER will register the domain name(s) as submitted in the subscription forms. First year registration fee for one domain is included in the plan. CLIENT agrees to pay the registration fees for the domain(s) thereafter. CLIENT agrees to pay the registration fee for the first year in case he cancels the service before the expiration of the first year.
4. Service. REGISTRAR will submit the domain name(s) selected by CLIENT to the Registry Administrator for recording into the Registry for top level domains. The REGISTRAR will collect, record and keep data about CLIENT's identity. REGISTRAR will allow CLIENT to access and update his records. REGISTRAR will generate, record and keep additional information pertaining to the domain registration such as activation date, transfers, modifications, etc. REGISTRAR will provide some or all of this data to the public as a public service at its sole discretion and as required by ICANN and applicable laws.
5. Fees. CLIENT agrees to pay a fee for the services in accordance with REGISTRAR's fee schedule published at REGISTRAR's web site, http://domains.aplus.net. CLIENT agrees to pay such fees for the initial registration and for subsequent renewals as outlined in the fee schedule. All fees are due prior to the registration/renewal. All fees are non-refundable, in whole or in part, even if CLIENT's domain name registration is suspended, cancelled or transferred prior to the end of the registration term. The requested domain name will not be registered unless REGISTRAR receives actual payment of the registration fee.
6. Charge backs. CLIENT agrees that he will lose all rights upon the selected domain name in case of a charge back by his credit card company, credit card fraud or any other reversed payment. REGISTRAR will decide at his sole discretion whether to hold the name in his own portfolio or to release it for use by others. REGISTRAR will reinstate such names at his sole discretion and subject to reinstatement fee of $300, in addition to all other fees.
7. Renewals. CLIENT agrees that it is his responsibility to watch the expiration terms and pay his renewal fees on time. Although REGISTRAR may notify CLIENT of renewal fees, REGISTRAR does not have a duty to do so. Failure to pay the renewal fee will result in domain name suspension and release of the domain name for use by others.
8. Transfers. CLIENT understands that he will be prohibited from changing his Registrar during the first sixty (60) days after initial registration, during the first sixty (60) days after renewal of the domain name with REGISTRAR and during the last sixty (60) days before renewal of the domain name with Registrar.
9. Registry Administrator role and indemnification. CLIENT understands and agrees that REGISTRAR does not have control over the Registry or the Registry Administrator. CLIENT agrees and acknowledges that REGISTRAR is not liable or responsible in any way for any errors, omissions or any other actions by the Registry Administrator arising out of or related to CLIENTs application and receipt of, or failure to receive, a domain name registration. CLIENT further agrees to indemnify, defend and hold harmless the Registry Administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, CLIENT's domain name registration.
10. Data submission and updates. CLIENT agrees to provide to REGISTRAR all the data necessary for domain name registration. REGISTRAR determines the nature of such data at his sole discretion with consideration of rules and procedures set by ICANN, other Registrars and the Registry administrator. Client agrees to update all such data promptly and submit additional information if needed. That can be done by following the support link at REGISTRAR's home page, or by eMailing support@aplus.net. Client acknowledges that Client may be asked to submit a third party's personal data. In such event Client agrees to secure the consent of such third party to have his (the third party's) personal data submitted and used as allowed by this agreement. CLIENT acknowledges that willfully failing to provide or update information promptly will constitute a material breach of this agreement and will be sufficient basis for cancellation of his domain name registration. CLIENT further agrees that a failure to respond for over fifteen (15) calendar days to inquiries by REGISTRAR concerning the accuracy of contact details associated with CLIENT's registration shall constitute a material breach of this agreement and will be sufficient basis for cancellation of CLIENT's domain name registration.
11. Data ownership. REGISTRAR will own all data collected during the registration process. REGISTRAR reserves the right to use this data at its sole discretion in accordance with ICANN requirements and applicable law. CLIENT is advised hereby that some or all of such data may be made available to the public. CLIENT agrees and acknowledges that REGISTRAR owns all database, compilation, collective and similar rights, title and interests worldwide in REGISTRAR's domain name database, and all information and derivative works generated from the domain name database. REGISTRAR will take reasonable precautions to protect Client's data from loss, misuse or disclosure.
12. License to third Parties. License to a third party shall not relieve CLIENT of any duty, including but not limited to the duty to provide CLIENT'S contact information, or responsibility or liability for harm, arising from this contract or otherwise.
13. Rights of third parties. CLIENT represents that neither the registration nor the use of this domain name will infringe on the rights of third parties.
14. Name servers. CLIENT will be allowed to select the name servers to serve his domain name. Default name servers will be available for CLIENTS who do not have name servers available.
15. Notices. REGISTRAR will contact CLIENT by the email provided in the subscription/application form. CLIENT agrees to monitor such contact email and to forward it to appropriate personnel and/or departments within his organization. CLIENT agrees to maintain all contact information current. REGISTRAR can be contacted by eMail at billing@aplus.net for all billing questions and support@aplus.net for all technical and administrative issues. REGISTRAR's address is 7500 W. 110th Street, Suite 400, Overland Park, KS 66210. Lack of communication is not an excuse for non-payment of fees or for non-compliance with the other clauses of this agreement.
16. Disputes. CLIENT agrees to be bound by REGISTRARS Dispute Policy, which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found here Certain disputes, as specified in the Dispute Policy, are subject to that policy. CLIENT agrees that he will be subject to the provisions specified in the Dispute Policy in effect at the time his domain name registration is disputed by a third party. CLIENT also agrees that, in the event that a domain name dispute arises with any third party, he will indemnify and hold REGISTRAR harmless pursuant to the terms and conditions contained in the Dispute Policy.
17. Indemnification. CLIENT shall indemnify, defend by counsel reasonably accepted by REGISTRAR, protect and hold REGISTRAR and the corresponding Registry and their directors, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the domain name registration services provided by REGISTRAR to the CLIENT
18. Right of refusal. REGISTRAR has the right to refuse services to anyone.
19. No solicitation. CLIENT agrees not to approach REGISTRAR's employees with proposals to hire them as his own employees or contractors. If CLIENT were to hire any of REGISTRAR's employees, CLIENT agrees to pay REGISTRAR for each employee thus hired the greater amount of: three years salary for that employee as CLIENT is to pay such employee, or $200,000.
20. LIMITED LIABILITY. REGISTRAR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE DOMAIN NAME REGISTRATION SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF REGISTRAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE IT'S ESSENTIAL PURPOSE OR OTHERWISE. IN NO EVENT SHALL REGISTRAR'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY CLIENT FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). REGISTRAR'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN STATES WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
21. No returns. REGISTRAR will not return collected fees for services.
22. Cut off period for billing errors. A ninety (90) day cut-off period is set for billing error claims. CLIENT agrees that he has no rights to claim any billing errors for a period earlier than ninety (90) days from the date of the claim. All bills are final after ninety (90) days.
23. Termination of Services. CLIENT can terminate the services with advance notice in writing only to the billing department by mail or email. CLIENT understands that there will be no reimbursement and no pro rate if he decides to terminate the services before the end of a prepaid term, regardless of the reason for the termination. REGISTRAR reserves the right to suspend, cancel, transfer or modify CLIENT's domain name in the following cases a) CLIENT materially breaches this Agreement (including the Dispute Policy) and does not cure such breach within thirty (30) days of notice by REGISTRAR, b) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement, c) CLIENT uses his domain name in connection with unlawful activity or d) CLIENT uses the domain name registered to him to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet. Credit card accounts will be automatically renewed unless notified prior to expiration date of service.
24. Revocation. CLIENT acknowledges and agrees that his registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by this and other registrars or registry administrator procedures approved by an ICANN-adopted policy, or by any other TLD registry administrator procedures as the case may be, (a) to correct mistakes by REGISTRAR, another Registrar or the Registry administrator in administering the name or (b) for the resolution of disputes concerning the domain. CLIENT also agrees that REGISTRAR shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as REGISTRAR receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
25. Entire Agreement. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
26. Modifications. This Agreement as well as the Dispute Policy as part of it may be modified occasionally in order to reflect the dynamic nature of the Internet as well as the contracts REGISTRAR has with ICANN and the Registry Administrator. The continued use of the domain name registered shall constitute CLIENT's acceptance of this Agreement and the Dispute Policy with the new modifications. If CLIENT does not agree to any of such changes, he may request that his domain name registration be cancelled or transferred to a different domain name registrar. CLIENT agrees that such cancellation or request for transfer will be his exclusive remedy if he does not wish to abide by any changes to this Agreement or the Dispute Policy.
27. Waiver. Performance of any obligation required of a party thereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.
28. Separability. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed separable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.
29. Governing Law. Any dispute related to this Agreement shall be governed by the laws of the United States of America and the State of Kansas without giving effect to such laws' provisions regarding conflict of laws, and that any action arising out of or related to this Agreement shall be brought in either the United States Federal Court located in Kansas City, Kansas, USA or the Kansas State Court located in Johnson County, Kansas, USA, and each party consents to the jurisdiction and venue of such courts.
30. Authority to Execute. Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.
31. Benefit of Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.
32. Cumulative Remedies. Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.
33. No Partnership or Agency. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the parties are independent contractors vis-a-vis one another.
34. No Third Party Beneficiaries. Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.
35. Excused Performances. Registrar shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond Registrar's reasonable control. In the event of any such delay or failure, the parties shall defer performance of the Services to a date and time mutually agreeable.
36. Captions. The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.
37. Gender. Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular.
38. Recitals. The recitals above set forth are incorporated herein by reference.

Shared Hosting Agreement

1. Parties. This agreement is between Abacus America, Inc. d/b/a Aplus.Net and/or Names4Ever.com (PROVIDER) and the party as specified in the on-line application (CLIENT).
2. Web hosting only. This agreement covers all shared hosting and related services provided by the PROVIDER.
3. Space usage. PROVIDER will allow the specified per plan web space to be used by the CLIENT as long as the use is in compliance with the policies set below.
4. Bandwidth usage. PROVIDER will not restrict the bandwidth used by the CLIENT as long as the use is in compliance with the policies set below.
5. Policies. CLIENT agrees to comply strictly with PROVIDERS "Acceptable Use Policy" and "Copyright Infringement Policy". In addition to these CLIENT agrees not to run any kind of 'server applications'. Every program/script that opens a port on the shared hosting server is considered 'server application'. These include but are not limited to IRC servers, IRC proxies, IRC bots. CLIENT understands that the services are subject to immediate termination without compensation for non-compliance with the policies. Further, CLIENT will be responsible for the full amount of any tangible and intangible damages this may cause. PROVIDER reserves the right to change the policies from time to time to reflect the dynamic nature of the Internet. Both policies are available on-line any time or as a hard copy by request only.
6. Account sharing. Account sharing is only permitted when used in conjunction with our hosting plans. Account sharing is not allowed with any other services. PROVIDER will terminate immediately and without compensation accounts, which share the web space with others or subdivide and resell the web space. Subdivision of the web space into two or more web sites is not allowed unless the multiple domain feature is being used and paid for.
7. Excluded Services. Provider will not provide services and will terminate existing services immediately without compensation if the CLIENT's web site is involved in any of the following: adult sites, copyrights violation, pirated software, pirated music and web sites, whose primary business is web advertisement.
8. On-line subscription. CLIENT makes an on-line, paperless subscription for the services. CLIENT acknowledges that all the information he/she submits on-line is true and correct to the best of his knowledge. CLIENT agrees that the act of submitting his subscription form on-line is equivalent to his signature. PROVIDER will bill according to the billing period unless a cancellation in writing is received.
9. Price change. PROVIDER has the right to change the price of the services to reflect a change in the cost of the service, or other reasons.
10. Start of services. Services will typically start on the same business day on PROVIDER's site. Domain registration may take longer.
11. Quality of Services. Although the PROVIDER will make the best efforts to provide quality and uninterrupted services this is not guaranteed. PROVIDER will not be responsible for any damages a service interruption may cause to the Client. Furthermore PROVIDER will not censor any content on INTERNET. It will be CLIENT's responsibility for the usage of his account and any consequences of this usage.
12. Fees. CLIENT agrees to pay for the services setup fee, monthly fee, heavy traffic fee (if any) and excessive space fee (if any). The setup fee and first month fee is due upon the signature of this agreement. PROVIDER may notify CLIENT in advance if any heavy traffic fees and/or excessive space fees are due.
13. Termination of Services. PROVIDER reserves the right to refuse services to anyone and to terminate existing services with fourteen (14) days advance notice for any or no reason; and without advance notice if the CLIENT violates any clause(s) of this agreement. CLIENT has the right to terminate the services at any time with a written notice sent by mail 7500 W. 110th Street, Suite 400, Overland Park, KS 66210, or by eMail to billing@aplus.net. Both parties agree that there will be no monetary compensation for terminated services regardless of the reason. No refunds. No pro-rate.
14. Automatic account upgrade. PROVIDER may upgrade with email notice all web hosting accounts, which do not comply with the restrictions of metered plans with traffic charges and/or web space charges.
15. Payments. CLIENT agrees to pay by credit card. CLIENT agrees to provide updated credit card information on-line as may be requested in case his card is being declined. CLIENT understands that non-payment will result in automatic "hold" on his account. During the hold period the web site will not be accessible. The account will be "reactivated" after payment in full is received. Credit card accounts will be automatically renewed unless notified prior to expiration date of service.
16. Late Payment. CLIENT agrees to pay a monthly penalty of $10 U.S. Dollars per month for delayed payments.
17. Lawful use of INTERNET. CLIENT agrees to use INTERNET in accordance with the laws of the United States of America and the State of Kansas and with the ethical rules established or to be established in the future.
18. No solicitation. CLIENT agrees not to approach PROVIDER's employees with proposals to hire them as his own employees or contractors. If CLIENT were to hire any of REGISTRAR's employees, CLIENT agrees to pay PROVIDER for each employee thus hired the greater amount of: three years salary for that employee as CLIENT is to pay such employee, or $200 000.
19. LIMITED LIABILITY. PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, PHONE BILLS, COMMUNICATION LINES BILLS, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE CLIENT'S RESPONSIBILITY FOR THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.
20. Indemnification. CLIENT shall indemnify, defend by counsel reasonably accepted by PROVIDER, protect and hold PROVIDER harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web hosting and other services provided by PROVIDER to the CLIENT.
21. Security and Integrity of Information. Although PROVIDER implements the latest technology for information protection there is no guarantee that the information on Internet is absolutely secured or never may be destroyed. CLIENT agrees to keep the PROVIDER harmless in case of loss of information or loss of privacy.
22. Entire Agreement. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
23. Modification. This Agreement shall not be modified, amended, canceled or in any way altered, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by both of the parties hereto.
24. Waiver. Performance of any obligation required of a party thereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.
25. Severability. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.
26. Governing Law. Any dispute related to this Agreement shall be governed by the laws of the United States of America and the State of Kansas without giving effect to such laws' provisions regarding conflict of laws, and that any action arising out of or related to this Agreement shall be brought in either the United States Federal Court located in Kansas City, Kansas, USA or the Kansas State Court located in Johnson County, Kansas, USA, and each party consents to the jurisdiction and venue of such courts.
27. Authority to Execute. Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.
28. Benefit of Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.
29. Cumulative Remedies. Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.
30. No Partnership or Agency. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the parties are independent contractors vis-?-vis one another.
31. No Third Party Beneficiaries. Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.
32. Excused Performances. Provider shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond Provider's reasonable control. In the event of any such delay or failure, performance of the Services shall be deferred to a date and time mutually agreeable by the parties.
33. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
34. Captions. The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.
35. Gender. Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular.
36. Recitals. The recitals above set forth are incorporated herein by reference.
    

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