DOMAIN REGISTRANT AGREEMENT

DOMAIN REGISTRANT AGREEMENT This Domain Registrant Agreement (hereinafter referred to as the "Agreement") between you ("you", "your" or "Registrant") and the Registrar of the Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward (the "Order") that you have registered/reserved through or transferred to Registrar, sets forth the terms and conditions of Registrar's domain name registration service and other associated services as described herein. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you", "your" and "Registrant" shall refer to such entity. This Agreement explains our obligations to you, and your obligations to us in relation to each Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward that you have registered/reserved through or transferred to Registrar ("Order"), directly or indirectly, whether or not you have been notified about Registrar. This Agreement will become effective when the term of your Order begins with Registrar and will remain in force until the Order remains as an active Order with Registrar. Registrar may elect to accept or reject the Order application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for a prohibited Order. WHEREAS, Registrar is authorized to provide Internet registration and management services for second-level domain names within .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC and .MOBI top level domains and .NAME Defensive Registrations and .NAME Mail Forwards; AND WHEREAS, the Registrant is the Owner of a registration of a second-level domain name ("the SLD") in any of the .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC or .MOBI top level domain ("the TLD") or a .NAME Defensive Registration or a .NAME Mail Forward registered through Registrar, directly or indirectly; NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar and the Registrant, intending to be legally bound, hereby agree as follows: 1. DEFINITIONS (1) "Business Day" refers to a working day between Mondays to Friday excluding all Public Holidays. (2) "Communications" refers to date, time, content, including content in any link, of all oral / transmitted / written communications / correspondence between Registrar, and the Registrant, and any Artificial Juridical Person, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity acting on their behalf. (3) "Customer" refers to the customer of the Order as recorded in the OrderBox Database (4) "OrderBox" refers to the set of Servers, Software, Interfaces, Registrar Products and API that is provided for use directly or indirectly under this Agreement by Registrar and/or its Service Providers. (5) "OrderBox Database" is the collection of data elements stored on the OrderBox Servers. (6) "OrderBox Servers" refer to Machines / Servers that Registrar or its Service Providers maintain to fulfill services and operations of the OrderBox (7) "OrderBox User" refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the "OrderBox" by the Customer, directly or indirectly. (8) "Registrar" refers to the Registrar of record as shown in a Whois Lookup for the corresponding Order at the corresponding Registry Operator (9) "Registrar Products" refer to all Products and Services of Registrar which it has provided/rendered/sold, or is providing/rendering/selling. (10) "Registrar Servers" refer to web servers, Mailing List Servers, Database Servers, OrderBox Servers, Whois Servers and any other Machines / Servers that Registrar or its Service Providers Operate, for the OrderBox, the Registrar Website, the Registrar Mailing Lists, Registrar Products and any other operations required to fulfill services and operations of Registrar. (11) "Registrar Website" refers to the website of the Registrar. (12) "Registry Operator" refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that is involved in the management of any portion of the registry of the TLD, including but not limited to policy formation, technical management, business relationships, directly or indirectly as an appointed contractor; (13) "Resellers" - The Registrant may purchase the Order through a reseller, who in turn may purchase the same through a reseller and so on (collectively known as the "Resellers") (14) "Service Providers" refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that the Customer and/or Registrar and/or Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfillment / provision / purchase of Registrar Products, OrderBox, and any other services and operations of Registrar. (15) "Whois" refers to the public service provided by Registrar and Registry Operator whereby anyone may obtain certain information associated with the Order through a "Whois Lookup" (16) "Whois Record" refers to the collection of all data elements of the Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry. 2. OBLIGATIONS OF THE REGISTRANT (1) The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the Order in the OrderBox Database during the term of the Order. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant's failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Order in the OrderBox database concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order (2) The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Order in the OrderBox Database, the data element in the OrderBox Database records shall prevail. (3) The Registrant acknowledges that the authentication information for complete control and management of the Order will be accessible to the Registry Operator, Service Providers, Resellers and the Customer. Any modification to the Order by the Resellers, Customer or Service Providers will be treated as if it is authorized by the Registrant directly. Registrar is not responsible for any modification to the Order by the Customer, Resellers, Registry Operator, or Service Providers. (4) The Registrant acknowledges that all communication about the Order will be only done with the Customer or the Resellers of the Order. Registrar is not required to, and may not directly communicate with the Registrant during the entire term of the Order. (5) The Registrant shall comply with all terms or conditions established by Registrar, Registry Operator and/or Service Providers from time to time. (6) The Registrant must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN and the Registry Operator. (7) During the term of this Agreement and for three years thereafter, the Registrant shall maintain the following records relating to its dealings with Registrar, Resellers and their Agents or Authorized Representatives: - (1) In electronic, paper or microfilm form, all written communications with respect to the Order. (2) In electronic form, records of the accounts of the Order, including dates and amounts of all payments, discount, credits and refunds. The Registrant shall make these records available for inspection by Registrar upon reasonable notice not exceeding 14 days. 3. REPRESENTATIONS AND WARRANTIES Registrar and Registrant represent and warrant that: - (1) they have all requisite power and authority to execute, deliver and perform their obligations under this Agreement; (2) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against Registrant and Registrar in accordance with its terms; (3) The execution, delivery, and performance of this Agreement and the consummation by Registrar and the Registrant of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate: - (1) any provision of law, rule, or regulation; (2) any order, judgment, or decree; (3) any provision of corporate by-laws or other documents; or (4) any agreement or other instrument. (4) the execution, performance and delivery of this Agreement has been duly authorized by the Registrant and Registrar; (5) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby; The Registrant represents and warrants that: (1) the Registrant has read and understood every clause of this Agreement (2) the Registrant has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement; and (3) the Registrant is eligible, to enter into this Contract according to the laws of his country 4. RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS (1) Registrar, Service Providers and Registry Operator may change any information, of the Order, or transfer the Order to another Registrant, or transfer the Order to another Customer, upon receiving any authorization from the Registrant, or the Customer, or Resellers as maybe prescribed by Registrar from time to time. (2) Registrar, Service Providers and Registry Operator may provide/send any information, about the Registrant, and the Order including Authentication information (1) to the Registrant (2) to any authorized representative, agent, contractee, employee of the Registrant upon receiving authorization in any form as maybe prescribed by Registrar from time to time (3) to the Customer, Resellers, Service Providers and Registry Operator (4) to anyone performing a Whois Lookup for the Order (3) Registrar in its own discretion can at any point of time with reasonable notification temporarily or permanently cease to sell any Registrar Products (4) Registrar and the Registry Operator, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Registrar may refund the fees charged for the Order, after deducting any processing charges for the same. (5) Registrar, Registry Operator and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, delete, suspend, deny, cancel, modify, take ownership of or transfer the Order, or to modify, upgrade, suspend, freeze OrderBox, in order to recover any Payment from the Registrant, Customer or Resellers, for any service rendered by Registrar including services rendered outside the scope of this agreement, or to correct mistakes made by Registrar, Registry Operator or Service Providers in processing or executing the Order, or incase of any breach of this Agreement, or incase Registrar learns of a possibility of breach or violation of this Agreement which Registrar in its sole discretion determines to be appropriate, or incase of Termination of this agreement, or if Registrar learns of any such event which Registrar reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Registrar Products, OrderBox, and the Registry or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in accordance/compliance with any agreements executed by Registrar including but not limited to agreements with Service Providers, and/or Registry Operator, and/or Customers and/or Resellers, or to avoid any liability, civil or criminal, on the part of Registrar and/or Service Providers, and/or the Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Registrant and/or Agents or any other authorized representatives of the Registrant violate any applicable laws/government rules, including but not limited to, intellectual property, copyright, patent, anti-spam, or Registrar learns of the possibility of any such violation or upon appropriate authorization (what constitutes appropriate authorization is at the sole discretion of Registrar) from the Registrant or Customer or Reseller or their authorized representatives, or if Registrar, Registry Operator or Service Providers in their sole discretion determine that the information associated with the Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Registrar or Service Providers in their sole discretion determine that the ownership of the Order should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or for any appropriate reason. Registrar or Registry Operator, also reserve the right to freeze the Order during resolution of a dispute. The Registrant agrees that Registrar, Registry Operator and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator and Service Providers, are not liable for loss or damages that may result from any of the above. (6) Registrar and Service Providers can choose to redirect an Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Order has expired, or is suspended, or does not contain valid Name Servers to direct it to any destination. Registrant acknowledges that Registrar and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection. (7) Registrar and Registry Operator has the right to rectify any mistakes in the data in the OrderBox Database with retrospective effect. 5. DISPUTE PROCESS The Registrant agrees that, if the use of the Order is challenged by a third party, the Registrant will be subject to the provisions of the appropriate Dispute policy for that Order as mentioned in the appropriate Appendix in effect at the time of the dispute. The Registrant agrees that in the event a dispute arises with any third party, the Registrant will indemnify and hold Registrar, Registry Operator and Service Providers harmless in all circumstances, and that Registrar, Registry Operator and Service Providers will have no liability of any kind for any loss or liability resulting from any such dispute, including the decision and final outcome of such dispute. If a complaint has been filed with a judicial or administrative body regarding the Registrant's use of the Order, the Registrant agrees not to make any changes to the Order without Registrar's prior approval. Registrar may not allow the Registrant to make changes to such Order until: (1) Registrar is directed to do so by the judicial or administrative body, or (2) Registrar receives notification, in a manner prescribed by Registrar from time to time, by the Registrant and the other party contesting the Registrant registration or use of the Order, that the dispute has been settled. 6. TERM OF AGREEMENT / RENEWALS (1) The term of this Agreement shall continue until the registrant of the Order in the OrderBox database continues to be the Registrant and the Order continues to exist and the Order Registration term continues to exist. (2) Registrant acknowledges that it is the Registrant's responsibility to keep records and maintain reminders regarding the expiry of any Order. As a convenience to the Registrant, and not as a binding commitment, we may notify the Customer, via an email message sent to the contact information associated with the Customer in the OrderBox database, about the expiry of the Order. Should renewal fees go unpaid for an Order, the Order will expire. (3) Registrant acknowledges that after expiration of the term of an Order, Registrant has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to the Registrar. Registrar and Service Providers may make any modifications to said Order or any information associated with said Order. Registrar and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Registrar and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Registrar and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Registrar and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Registrar and Service Providers may choose to transfer the ownership of the Order to any third party in their sole discretion. Registrant acknowledges that Registrar and Service Providers shall not be liable to Registrant or any third party for any action performed under this clause. (4) Registrar at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately at the price then prevailing for such a process as determined by the Registrar in its sole discretion. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry. (5) Registrar makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase (6) This Agreement shall terminate immediately in the event (1) Registrar's contract with the Service Providers for the fulfillment of such Order is terminated or expires without renewal (2) Registrar's contract with the Registry Operator is terminated or expires without renewal (3) Registry Operator ceases to be the Registry Operator for the particular TLD (4) of Registrant-Registrant Transfer as per Section 8 (5) of Registrar-Registrar Transfer as per Section 9 (7) Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify the Order and suspend OrderBox Users' access to the OrderBox with immediate effect, upon the sole discretion of Registrar (8) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, unless specified otherwise. The Registrant however shall be liable for any damage arising from any breach by it of this Agreement. 7. FEES / RENEWAL Payment of fees shall be governed as per the Payment Terms and Conditions set out in Appendix 'B' 8. REGISTRANT - REGISTRANT TRANSFER (1) Registrar may transfer the Order of the Registrant to another registrant under the following circumstances: - (1) Authorization from the Registrant and/or their Agent or Authorized Representative in a manner prescribed by Registrar from time to time. (2) Authorization from the Customer and/or the Reseller in a manner prescribed by Registrar (3) On receiving orders from a competent Court or Law Enforcement Agency; (4) For fulfillment of a decision in a domain dispute resolution (5) Breach of Contract; (6) Termination of this Agreement; (7) Registrar learns of any such event, which Registrar reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof. (2) Registrant acknowledges that Registrar cannot verify the authenticity of any information, authorization or instructions received in Section (8)(1). Upon receiving such authorization that Registrar in its absolute unfettered and sole discretion deems to be genuine, Registrar may transfer the Order. Registrar cannot be held liable for any such transfer under any circumstance including but not limited to fraudulent or forged authorization received by Registrar. (3) In the above circumstances the Registrant shall extend full cooperation to Registrar in transferring the Order of the Registrant to another registrant including without limitation, handing over all data required to be stored by the Registrant as per Section 3(5), and complying with all requirements to facilitate a smooth transfer. (4) The Registrant's Order may not be transferred until Registrar receives such written assurances or other reasonable assurance that the new registrant has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by Registrar in its sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determined by Registrar in its sole discretion) to the terms and conditions in this Agreement, any such transfer maybe considered by Registrar as null and void in its sole discretion. 9. REGISTRAR-REGISTRAR TRANSFER (1) The Registrant acknowledge and agree that during the first 60 days after initial registration of the Order, or after expiration of the Order the Registrant may not be able to transfer the Order to another registrar. (2) Registrar may request the Registrant or any other contact associated with the Order for authorization upon receiving a request to transfer the Order to another registrar. The Registrant agrees to provide such authorization to Registrar. Registrar, in its sole discretion will determine, if such authorization is adequate to allow the transfer. (3) Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact, if Registrar in its sole discretion determines that the transfer request it has received is a valid transfer request (4) Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact pursuant to the then applicable process and rules of transfer of domain names as laid out by the Registry Operator. Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time. (5) Registrar may deny or prevent a transfer of an Order to another registrar in situations described in this Agreement including, but not limited to: (1) a dispute over the identity of the domain name holder; (2) bankruptcy; and default in the payment of any fees. (3) any pending dues from the Customer or Resellers' or Registrant for any services rendered, whether under this agreement or otherwise (4) any pending Domain Dispute Resolution process with respect to the Order (5) if the Order has been locked or suspended by the Customer or Resellers (6) any situation where denying the transfer is permitted under the then applicable process and rules of transfer of domain names as laid out by the Registry Operator, Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time. (7) any other circumstance described in this Agreement (8) for any other appropriate reason (6) Registrar may at its sole discretion lock or suspend the Order to prevent a Domain Transfer (7) Registrar cannot be held liable for any domain name transferred away to another registrar, or for any denial of a transfer, in accordance with this Section 9 (Registrar-Registrar Transfer) 10. LIMITATION OF LIABILITY IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO: (1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION; (2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION 21 OF THIS AGREEMENT; (3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS; (4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY; (5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED UNDER THIS AGREEMENT; (6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE. If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Registrar by the Registrant, then in no event will the liability of Registrar exceed actual amount received by Registrar for the Order minus direct expenses incurred with respect to the Order. REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT RECEIVED BY REGISTRAR IN RELATION TO THE ORDER. 11. INDEMNIFICATION (1) The Registrant, at its own expense, will indemnify, defend and hold harmless, Registrar, Service Provider, Registry Operator, Resellers and the contactors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator, Service Providers, and Resellers against any claim, suit, action, or other proceeding brought against them based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Registrar Products provided hereunder, or any use of the Registrar Products, including without limitation:- (1) infringement by the Registrant, or someone else using a Registrar Product with the Registrant's computer, of any intellectual property or other proprietary right of any person or entity (2) arising out of any breach by the Registrant of this Agreement. (3) arising out of, or related to, the Order or use of the Order (4) relating to any action of Registrar as permitted by this Agreement (5) relating to any action of Registrar carried out on behalf of Registrant as described in this Agreement However, that in any such case Registrar may serve either of the Registrant with notice of any such claim and upon their written request, Registrar will provide to them all available information and assistance reasonably necessary for them to defend such claim, provided that they reimburse Registrar for its actual costs. (2) Registrar will not enter into any settlement or compromise of any such indemnifiable claim without Registrant's prior written consent, which shall not be unreasonably withheld. (3) The Registrant will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by Registrar in connection with or arising from any such indemnifiable claim, suit, action or proceeding. 12. INTELLECTUAL PROPERTY Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property. Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Registrar to the Registrant, or by any disclosure of any Confidential Information to the Registrant under this Agreement. Registrant shall further ensure that the Registrant does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Registrant acknowledges that Registrar cannot and does not check to see whether any service or the use of the services by the Registrant under this Agreement, infringes legal rights of others. 13. OWNERSHIP AND USE OF DATA (1) You agree and acknowledge that Registrar owns all data, compilation, collective and similar rights, title and interests worldwide in the OrderBox Database, and all information and derivative works generated from the OrderBox Database. (2) Registrar, Service Providers and the Registry Operator and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Registrar, or Registry Operator or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason. 14. DELAYS OR OMISSIONS; WAIVERS No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing. 15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT (1) During the period of this Agreement, the Registrant agrees that Registrar may: - (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement (2) Registrar, or the Registry Operator or any corresponding/designated policy formulating body may revise ANY of the Dispute policies, and eligibility criteria set forth in the various appendices as well as in any of the external URLs referenced within the appendices (3) Any such revision or change will be binding and effective immediately on posting of the revision on the Registrar Website or the corresponding URL referenced in this Agreement (4) The Registrant agrees to review the Registrar Website and all other URLs referenced in this Agreement, periodically, to be aware of any such revisions (5) The Registrant agrees that, continuing use of the services under this Agreement following any revision, will constitute as an acceptance of any such revisions or changes (6) The Registrant acknowledges that if the Registrant does not agree to any such modifications, the Registrant may terminate this Agreement within 30 days of such revision. In such circumstance Registrar will not refund any fees paid by the Registrant. 16. PUBLICITY The Registrant shall not create, publish, distribute, or permit any written / Oral / electronic material that makes reference to us or our Service Providers or uses any of Registrar's registered Trademarks / Service Marks or our Service Providers' registered Trademarks / Service Marks without first submitting such material to us and our Service Providers and receiving prior written consent. The Registrant gives Registrar the right to use the Registrant names in marketing / promotional material with regards to Registrar Products to Visitors to the Registrar Website, Prospective Clients and existing and new customers. 17. TAXES The Registrant shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Registrar Products. 18. FORCE MAJEURE Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a "Force Majeure Event") including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party's employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party's reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party's performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first six months of such interference, provided that such party uses best efforts to avoid or remove such causes of non performance as soon as possible. 19. ASSIGNMENT / SUBLICENSE Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties; provided, however, that any such successor or assign be permitted pursuant to the Articles, Bylaws or policies of Registrar. The Registrant shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person/s except as provided for in Section 8 (REGISTRANT - REGISTRANT TRANSFER) or with the prior written consent of Registrar. Registrant agrees that if Registrant licenses the use of the Order to a third party, the Registrant nonetheless remains the Registrant of record, and remains responsible for all obligations under this Agreement. 20. NO GUARANTY The Registrant acknowledges that registration or reservation of the Order does not confer immunity from objection to the registration, reservation, or use of the Order. 21. DISCLAIMER THE ORDERBOX, REGISTRAR SERVERS, OrderBox Servers, Registrar Website AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON "AS IS" AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND. REGISTRAR AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT. REGISTRAR AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, ORDERBOX OR BY ACCESSING REGISTRAR SERVERS. WITHOUT LIMITING THE FOREGOING, REGISTRAR AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH ORDERBOX OR REGISTRAR SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE ORDERBOX/REGISTRAR SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY REGISTRAR AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE ORDERBOX WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER REGISTRAR AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. REGISTRAR AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU. FURTHERMORE, REGISTRAR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE ORDERBOX, ORDERBOX SERVERS, REGISTRAR WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 22. JURISDICTION & ATTORNEY'S FEES This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Registrar is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in city, state, country where Registrar is incorporated. Registrar reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management/Residence of the Registrant is situated as per the laws of that Country/State/District. If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled. For the adjudication of disputes concerning or arising from use of the Order, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile and (2) the Registrar's country of incorporation 23. MISCELLANEOUS (1) Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa. (2) There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein. (3) The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator. (4) This Agreement shall inure to the benefit of and be binding upon Registrar and the Registrant as well as all respective successors and permitted assigns. (5) Survival: In the event of termination of this Agreement for any reason, Sections 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14, 16, 17, 20, 21, 22, 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23, 23(3), 23(5), 23(7), 23(11), 24(2) and all of Appendix A, and all Sections of Appendix B shall survive. (6) This Agreement does not provide and shall not be construed to provide third parties (i.e. non-parties to this Agreement), with any remedy, claim, and cause of action or privilege against Registrar. (7) The Registrant, Registrar, its Service Providers, Registry Operator, Resellers, and Customer are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the parties. (8) Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, this Agreement. (9) Construction: The Parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be applied in the construction or interpretation of this Agreement. (10) Entire Agreement; Severability: This Agreement, including all Appendices constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible. (11) The division of this Agreement into Sections, Subsections, Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement. (12) This agreement may be executed in counterparts. (13) Language. All notices, designations, and specifications made under this Agreement shall be made in the English Language only. (14) Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in Mumbai, India (IST) i.e. GMT+5:30 24. BREACH In the event that Registrar suspects breach of any of the terms and conditions of this Agreement: (1) Registrar can immediately, without any notification and without assigning any reasons, suspend / terminate the Registrants access to the OrderBox Server. (2) The Registrant will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement. (3) Registrar can immediately, without any notification and without assigning any reasons, delete / suspend / terminate / freeze the Order. 25. NOTICE (1) Any notice or other communication required or permitted to be delivered to Registrar under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered when delivered to contact address specified on the Registrar Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:30 (Indian Standard Time) and otherwise on the next Business Day. (2) Any notice or other communication required or permitted to be delivered to the Registrant under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, given and received when delivered to contact address of the Registrant in the OrderBox Database. (3) Any notice or other communication to be delivered to any party via email under this agreement shall be deemed to have been properly delivered if sent in case of Registrar to its Legal Contact mentioned on the Registrar Website and in case of the Registrant to their respective email address in the OrderBox Database. APPENDIX 'A' TERMS AND CONDITIONS OF OrderBox USAGE This Appendix A covers the terms of access to the OrderBox. Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement. 1. ACCESS TO OrderBox (1) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend OrderBox Users' access to the OrderBox in the event of significant degradation of the OrderBox, or at any time Registrar may deem necessary. (2) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the OrderBox from time to time. (3) Access to the OrderBox is controlled by authentication information provided by Registrar. Registrar is not responsible for any action in the OrderBox that takes place using this authentication information whether authorized or not. (4) Registrar is not responsible for any action in the OrderBox by a OrderBox User (5) OrderBox User will not attempt to hack, crack, gain unauthorized access, misuse or engage in any practice that may hamper operations of the OrderBox including, without Limitation temporary / permanent slow down of the OrderBox, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the OrderBox and architecture needed to continue operation thereof. (6) OrderBox User will not send or cause the sending of repeated unreasonable network requests to the OrderBox or establish repeated unreasonable connections to the OrderBox. Registrar will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections. (7) OrderBox User will take reasonable measures and precautions to ensure secrecy of authentication information. (8) OrderBox User will take reasonable precautions to protect OrderBox Data from misuse, unauthorized access or disclosure, alteration, or destruction. (9) Registrar shall not be responsible for damage caused due to the compromise of your Authentication information in any manner OR any authorized/unauthorized use of the Authentication Information. (10) Registrar shall not be liable for any damages due to downtime or interruption of OrderBox for any duration and any cause whatsoever. (11) Registrar shall have the right to temporarily or permanently suspend access of a OrderBox User to the OrderBox if Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the OrderBox, or learns of any possible misuse that has occurred, or will occur with respect to a OrderBox User. (12) Registrar and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, OrderBox 2. Terms of USAGE OF OrderBox (1) Registrant, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the OrderBox, directly or indirectly, in violation of any federal, state or local rule, regulation or law, or for any unlawful purpose, or to promote adult-oriented or "offensive" material, or related to any unsolicited bulk e-mail directly or indirectly (such as by referencing an OrderBox provided service within a spam email or as a reply back address), or related to ANY unsolicited marketing efforts offline or online, directly or indirectly, or in a manner injurious to Registrar, Registry Operator, Service Providers or their Resellers, Customers, or their reputation, including but not limited to the following - (1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.) (2) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic) (3) Sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider (4) Offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ("spamware") (5) Advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software (6) Harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Registrar (7) Impersonating another user or entity or an existing company/user/service or otherwise falsifying one's identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere (8) Using OrderBox services to point to or otherwise direct traffic to, directly or indirectly, any material that, in the sole opinion of Registrar, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Registrar, to be threatening or obscene or inappropriate (9) Using OrderBox directly or indirectly for any of the below activities: (1) Transmitting Unsolicited Commercial e-mail (UCE) (2) Transmitting bulk e-mail (3) Being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist (4) Posting bulk Usenet/newsgroup articles (5) Denial of Service attacks of any kind (6) Excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Registrar in its sole discretion (7) Copyright or trademark infringement (8) Unlawful or illegal activities of any kind (9) Promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse) (10) Causing loss or creating service degradation for other users whether intentional or inadvertent. (2) Registrar in its sole discretion will determine what constitutes as violation of appropriate usage including but not limited to all of the above. (3) Data in the OrderBox Database cannot be used for any purpose other than those listed below, except if explicit written permission has been obtained from Registrar: - 1. To perform services contemplated under this agreement; and 2. To communicate with Registrar on any matter pertaining to Registrar or its services (4) Data in the OrderBox Database cannot specifically be used for any purpose listed below :- 1. Mass Mailing or SPAM; and 2. Selling the data APPENDIX 'B' PAYMENT TERMS AND CONDITIONS (1) Registrar will accept payment for the Order from the Customer or Resellers (2) In the event that a payment made via Credit Card or the payment instrument sent by the Customer or Reseller bounces due to Lack of Funds or any other Reason, then (1) Registrar may immediately suspend OrderBox Users' access to the OrderBox (2) Registrar has the right to terminate this agreement with immediate effect and without any notice. (3) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders placed of the Registrant as well as stop / suspend / delete / transfer any Orders currently being processed. (4) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all Orders placed by the Registrant to another Customer, or under Registrar's account. (5) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same. (6) Registrar shall have the right to initiate any legal proceedings against the Registrant to recover any such liabilities. APPENDIX 'C' .COM/.NET/.ORG SPECIFIC CONDITIONS If the Order is a .COM/.NET/.ORG domain name, the Registrant, must also agree to the following terms: 1. PROVISION OF REGISTRATION DATA As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes: (1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant; (2) the primary nameserver and secondary nameserver(s), if any for the domain name; (3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and 2. DOMAIN NAME DISPUTE POLICY. You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference. APPENDIX 'D' .BIZ SPECIFIC CONDITIONS If the Order is a .BIZ domain name, the Registrant, must also agree to the following terms: 1. CONDITIONS FOR .BIZ REGISTRATIONS (1) Registrations in the .BIZ TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .BIZ Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS - (1) To exchange goods, services, or property of any kind; (2) In the ordinary course of trade or business; or (3) To facilitate: (1) the exchange of goods, services, information, or property of any kind; or, (2) the ordinary course of trade or business. (2) Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name. 2. CERITIFICATION FOR .BIZ REGISTRATIONS (1) As a .BIZ domain name Registrant, you hereby certify to the best of your knowledge that the registered domain name will be used primarily for bona fide business or commercial purposes and not exclusively for personal use or solely for the purposes of selling, trading or leasing the domain name for compensation, or the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .BIZ restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html (2) The domain name Registrant has the authority to enter into the registration agreement (3) the registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration. 3. PROVISION OF REGISTRATION DATA. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes: (1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant; (2) the primary nameserver and secondary nameserver(s), if any for the domain name; (3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and 4. DOMAIN NAME DISPUTE POLICY. You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference. The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm. The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html. The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name with any third party (other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes. APPENDIX 'E' .INFO DOMAIN NAME SPECIFIC CONDITIONS If the Order is a .INFO domain name, the Registrant, must also agree to the following terms: (1) Registrant agrees to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) as laid out at http://www.icann.org/udrp/udrp.htm and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are available at http://www.afilias.info. These policies are subject to modification. (2) Registrant acknowledges that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (1) the ability or inability of a registrant to obtain a Registered Name during these periods, and (2) the results of any dispute over a Sunrise Registration. APPENDIX 'F' .NAME SPECIFIC CONDITIONS If the Order is a .NAME domain name, or a .NAME Email Forward, the Registrant, must also agree to the following terms: 1. .NAME REGISTRATION RESTRICTIONS Domain Name and Email Forward Registrations in the .NAME TLD must constitute an individual's "Personal Name". For purposes of the .NAME restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor. 2. .NAME CERTIFICATIONS As a .NAME domain name or Email Forward Registrant, you hereby certify to the best of your knowledge that the SLD is your Personal Name. 3. PROVISION OF REGISTRATION DATA As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes the information contained in the Whois directory, including: (1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant; (2) the primary nameserver and secondary nameserver(s), if any for the domain name; (3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export. 4. DISPUTE POLICY You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference. (1) the Eligibility Requirements (the "Eligibility Requirements"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm; (2) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm; and (3) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the landrush procedures in connection with the opening of the Registry TLD. The following categories of Personal Name Registrations may be registered: (1) the Personal Name of an individual; (2) the Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name; (3) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names. The ERDRP applies to challenges to (1) registered domain names and SLD email address registrations within .NAME on the grounds that a Registrant does not meet the Eligibility Requirements, and (2) to Defensive Registrations within .NAME. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than Global Name Registry ("Registry Operator") or Registrar over the registration and use of an Internet domain name registered by a Registrant. 5. .NAME EMAIL FORWARD ADDITIONAL CONDITIONS If the Order is a .NAME email forward, the Registrant, must also agree to the following additional terms and conditions: (1) You acknowledge that you are responsible for all use of Email Forwarding, including the content of messages sent through Email Forwarding. (2) You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage. (3) Without prejudice to the foregoing, you undertake not to use Email Forwarding: (1) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material; (2) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network; (3) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or (4) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list (4) Users are not permitted to provide false names or in any other way to pose as somebody else when using Email Forwarding. (5) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator's Email Forwarding. (6) On discontinuing Email Forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party. APPENDIX 'G' .NAME DEFENSIVE REGISTRATIONS SPECIFIC CONDITIONS If the Order is a .NAME Defensive Registration, the Registrant, must also agree to the following terms: 1. DEFENSIVE REGISTRATIONS Defensive Registrations allow owners of nationally registered marks to exclusively pre-register on the .NAME space and create a protective barrier for their trademarks. A "Defensive Registration" is a registration granted to a third party of a specific string on the second or third level, or of a specific set of strings on the second and third levels, which will not resolve within the domain name system but may prevent the registration of the same string(s) on the same level(s) by other third party applicants. 2. PHASES OF DEFENSIVE REGISTRATIONS (1) As a Defensive Registration Registrant ("Defensive Registrant"), you hereby certify to the best of your knowledge that for Phase I Defensive Registrations ("Phase I Defensive Registrants"), you own valid and enforceable trademark or service mark registrations having national effect that issued prior to April 16, 2001 for strings that are identical to the textual or word elements, using ASCII characters only, subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD. You understand that trademark or service mark registrations from the supplemental or equivalent Registry of any country, or from individual states or provinces of a nation, will not be accepted. Subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD, if a trademark or service mark registration incorporates design elements, the ASCII character portion of that mark may qualify to be a Phase I Defensive Registration. (2) Phase II Defensive Registrants may apply for a Defensive Registration for any string or combination of strings. (3) Defensive Registrants, whether Phase I or Phase II shall comply with the following Eligibility Requirements, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm, the summary of which is as follows: (1) There are two levels of Defensive Registrations, each of which is subject to payment of a separate fee; (2) Multiple persons or entities may obtain identical or overlapping Defensive Registrations upon payment by each of a separate registration fee; (3) The Defensive Registrant must provide the information requested in Section 3(i) below; (4) A Defensive Registration will not be granted if it conflicts with a then-existing Personal Name Registration or other reserved word or string. 3. PROVISION OF REGISTRATION DATA As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. You must provide contact information, including name, email address, postal address and telephone number, for use in disputes relating to the Defensive Registration. You understand and agree that this contact information will be provided as part of the Whois record for the Defensive Registration. You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export. In addition to the information provided in subsection 1. above, Phase I Defensive Registrants must also provide (1) the name, in ASCII characters, of the trademark or service mark being registered; (2) the date the registration issued; (3) the country of registration; and (4) the registration number or other comparable identifier used by the registration authority 4. DISPUTE POLICY If you registered a Defensive Registration, you agree that: (1) the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy ("ERDRP"); (2) if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and (3) if a challenge is successful, then the Defensive Registration will be subject to the procedures described in Section 2(h) of Appendix L to the agreement of Global Name Registry ("Registry Operator") with the Internet Corporation for Assigned Names and Numbers ("ICANN"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm (4) if a Phase I Defensive Registration is successfully challenged on the basis that it did not meet the applicable Eligibility Requirements, the Defensive Registrant will thereafter be required to demonstrate, at its expense, that it meets the Eligibility Requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .NAME through any Registrar. In the event that the Defensive Registrant is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s) will be cancelled. (5) The ERDRP applies to, among other things, challenges to Defensive Registrations within .NAME and is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm. 5. CONSENT Defensive Registrants may be asked to give their consent to allow individuals to share a part of their space. For example, if you have filed a Defensive Registration on PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give consent to John Pqr to register JOHN.PQR.name if he can prove that PQR is his name. In such a circumstance, you will have five (5) days to respond to a request for consent. APPENDIX 'H' .US DOMAIN NAME SPECIFIC CONDITIONS If the Order is a .NAME Defensive Registration, the Registrant, must also agree to the following terms: 1. REPRESENTATIONS AND WARRANTIES You represent and certify that, to the best of your knowledge and belief (1) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party (2) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder, (3) you have and shall continue to have a lawful bona fide U.S. Nexus as defined in the "usTLD Nexus Requirements" , (4) you are of legal age to enter into this Agreement, and (5) you agree to comply with all applicable laws, regulations and policies of the usTLD Administrator. 2. PROVISION OF REGISTRATION DATA As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes: (1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant; (2) the primary nameserver and secondary nameserver(s), if any for the domain name; (3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and (6) any other data NeuStar, as the Registry, requires be submitted to it, including specifically information regarding the primary purpose for which a domain name is registered (e.g., business, education, etc.). 3. GOVERNMENT USE OF DATA You understand and agree that the U.S. Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded. 4. DOMAIN DISPUTE POLICY You agree to submit to proceedings under Domain Dispute policies set forth by Neustar. These policies are available at http://www.neustar.us and are hereby incorporated and made an integral part of this Agreement. 5. SUSPENSION, CANCELLATION OR TRANSFER Your registration of the domain name shall be subject to suspension, cancellation, or transfer - (1) pursuant to any usTLD Administrator adopted specification or policy, or pursuant to any registrar or usTLD Administrator procedure not inconsistent with a usTLD Administrator adopted specification or policy, or (2) to correct mistakes by Registrar or the usTLD Administrator in registering the name or (3) for the resolution of disputes concerning the domain name. APPENDIX 'I' .IN DOMAIN NAME SPECIFIC CONDITIONS If the Order is a .IN domain name, you agree to be bound by the dispute policies as decided by the .IN Registry and published at http://www.registry.in that are incorporated herein and made a part of this Agreement by reference. APPENDIX 'J' .EU DOMAIN NAME SPECIFIC CONDITIONS If the Order is a .EU domain name, the Registrant, must also agree to the following terms: 1. REPRESENTATIONS AND WARRANTIES You represent and certify that, to the best of your knowledge and belief (1) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party (2) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder, (3) you are registering an .eu domain name as either - (i) an undertaking having its registered office, central administration or principal place of business within the European Union Community, or (ii) an organization established within the EU Community without prejudice to the application of national law, or (iii) a natural person resident within the EU Community; (4) you are of legal age to enter into this Agreement, and (5) you agree to comply with all applicable laws, regulations and policies of the .EU Registry. The details of the same can be obtained from http://www.eurid.eu/. 2. PROVISION OF REGISTRATION DATA As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes: (1) the full name of the Registrant; where no name of a company or organization is specified, the individual requesting registration of the Domain Name will be considered the Registrant; if the name of the company or the organization is specified, then the company or organization is considered the Registrant; (2) address and country within the European Union Community (i) where the registered office, central administration or principal place of business of the undertaking of the Registrant is located or (ii) where the organization of the Registrant is established or (iii) where the Registrant resides; (3) e-mail address of the Registrant (4) the telephone number where the Registrant can be contacted; 3. DOMAIN DISPUTE POLICY You agree to submit to proceedings under Domain Dispute policies set forth by the EU Registry. These policies are available in the EU Regulation 874/2004 at http://www.eurid.eu and are hereby incorporated and made an integral part of this Agreement. 5. SUSPENSION, CANCELLATION OR TRANSFER Your registration of the domain name shall be subject to suspension, cancellation, or transfer - (1) pursuant to the rules set forth by the EU Registry within the EU Regulation 874/2004 or any other policy listed at http://www.eurid.eu/, or (2) to correct mistakes by Registrar or the EU Registry in registering the name, or (3) for the resolution of disputes concerning the domain name. APPENDIX 'K' PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS 1. DESCRIPTION OF SERVICES The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name. 2. IMPLEMENTATION DETAILS (1) Registrant acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Registrar, and (1) any mail received via post at this Address would be rejected; (2) any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name; (3) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address in the OrderBox Database. (2) Registrant agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, or Customer of a privacy protected Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Registrar and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service. (3) Registrant understands that the Privacy Protection Service is only available for certain TLDs (4) Irrespective of whether Privacy Protection is enabled or not, Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement (5) Registrant understands and acknowledges that Registrar in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to - (1) if Registrar receives any abuse complaint for the privacy protected domain name, or (2) pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or (3) for the resolution of disputes concerning the domain name (4) or any other reason that Registrar in its sole discretion deems appropriate to switch off the Privacy Protection Services 3. INDEMNITY Registrant agrees to release, defend, indemnify and hold harmless Registrar, Service Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to the Privacy Protection services provided hereunder. APPENDIX 'L' .UK DOMAIN NAME SPECIFIC CONDITIONS If the Order is a .UK domain name, the Registrant, must also agree to the following terms: 1. REPRESENTATIONS AND WARRANTIES You represent and certify that, to the best of your knowledge and belief (1) you are aware that registering a .UK domain name, involves you contracting with the Nominet which is the .UK Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.nominet.org.uk/ (2) you agree to comply with all applicable laws, regulations and policies of Nominet available on their website at http://www.nominet.org.uk/ 2. DOMAIN DISPUTE POLICY You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by Nominet. These policies are available at http://www.nominet.org.uk/ and are hereby incorporated and made an integral part of this Agreement APPENDIX 'M' .TRAVEL DOMAIN NAME SPECIFIC CONDITIONS If the Order is a .TRAVEL domain name, the Registrant, must also agree to the following terms: 1. PROVISION OF REGISTRATION DATA Over and above the obligations already described in this Agreement, you are required to provide us the UIN (Unique Identification Number), as issued by the .TRAVEL Registry to an entity that is eligible to hold a .travel domain name. 2. DOMAIN DISPUTE POLICY You agree to be bound by the current .TRAVEL TLD Charter Eligibility Dispute Resolution Policy as well as the Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/ that are incorporated herein and made a part of this Agreement by reference. APPENDIX 'N' .WS DOMAIN NAME SPECIFIC CONDITIONS If the Order is a .WS domain name, the Registrant, must also agree to the following terms: 1. GOVERNMENT USE OF DATA You understand and agree that the .WS Registry shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by You. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded. 2. DOMAIN DISPUTE POLICY You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference. APPENDIX 'O' .COOP DOMAIN NAME SPECIFIC CONDITIONS If the Order is a .COOP domain name, the Registrant, must also agree to (1) the terms and conditions of the .COOP Registration Agreement with the .COOP Sponsor DCLLC (DotCoop Limited Liability Company), available at http://www.nic.coop/terms.asp; and (2) the Verification & Eligibility Policy available at http://www.nic.coop/verification.asp; and (3) the Charter Eligibility Dispute Resolution Policy ("CEDRP") and DotCoop Domain Name Dispute Resolution Policy ("DCDRP") found at http://www.nic.coop/dispute.asp; and (4) the Transfer Policy found at http://www.nic.coop/transferpolicy.asp all of the above included herein by reference Where there is a conflict, contradiction or inconsistency between the provisions of this Appendix (.COOP DOMAIN NAME SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT AGREEMENT, the provisions of this Appendix shall prevail in respect of all .COOP domain name registrations only. In particular we draw the following to your attention: 2. ELIGIBILITY AND PRIVACY You agree: (1) to meet all eligibility requirements mandated by .COOP Sponsor for registration of a .COOP name, as set forth in the .COOP Charter set out in http://www.icann.org/tlds/agreements/coop/sponsorship-agmt-att1-05nov01.htm. (2) in the event you are found not to be entitled to register a .COOP domain name for failure to meet .COOP Sponsor eligibility requirements, that the domain name may not be registered (and, if already registered, it will be deleted). You release the .COOP Sponsor from any and all liability stemming from deletion of any domain name. Deleted .COOP names will be returned to the pool of names available for registration. The privacy statement, located on the .COOP Sponsor's Web site at http://www.nic.coop/privacy.asp and incorporated herein by reference sets forth your and the .COOP Sponsor's rights and responsibilities with regard to your personal information. 3. APPLICABLE POLICIES You agree to adhere to the .COOP policies set forth on http://www.nic.coop, including but not limited to the requirement that third-and-higher-level domain names within your second level domain may only be used internally by you (absent a written license from the .coop Sponsor). 4. DOMAIN NAME DISPUTES You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in the .COOP Sponsor's dispute policy as found at http://www.nic.coop/dispute.asp as it may be modified at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold your .COOP Registrar and the .COOP Sponsor harmless pursuant to the terms and conditions set forth in the .COOP Domain Name Specific Conditions. If the .COOP Registrar or Sponsor are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without prior approval. Registrar may not allow you to make changes to such domain name record until (i) Registrar is directed to do so by the judicial or administrative body, or (ii) Registrar receives notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. APPENDIX 'P' CentralNIC DOMAIN NAME SPECIFIC CONDITIONS If the Order is either a .EU.COM, .GB.COM, .WEB.COM, .AE.ORG, .KR.COM, .US.COM, .QC.COM, .DE.COM, .GB.NET, .NO.COM, .HU.COM, .JPN.COM, .UY.COM, .ZA.COM, .BR.COM, .CN.COM, .SA.COM, .SE.COM, .SE.NET, .UK.COM, .UK.NET or .RU.COM domain name, the Registrant, must also agree to the following terms: 1. GOVERNMENT USE OF DATA You understand and agree that CentralNic shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded. 2. DOMAIN DISPUTE POLICY You agree to submit to proceedings under Domain Dispute policies set forth by CentralNic. These policies are available at http://www.centralnic.com and are hereby incorporated and made an integral part of this Agreement. APPENDIX 'Q' .MOBI DOMAIN NAME SPECIFIC CONDITIONS If the Order is a .MOBI domain name, the Registrant, must also agree to the following terms: 1. REPRESENTATIONS AND WARRANTIES You represent and certify that, to the best of your knowledge and belief (1) you are aware that registering a .MOBI domain name, involves you contracting with mTLD which is the .MOBI Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.mtld.mobi/. (2) you agree to comply with all applicable laws, regulations and policies of mTLD available on their website at http://www.mtld.mobi/. 2. DOMAIN DISPUTE POLICY You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.

SITE HOSTING AGREEMENT

WEB SITE HOSTING AGREEMENT Service Agreement Contract Where the content states: "We" includes Stepping Stone Marketing or any party acting on Stepping Stone Marketing's implicit instructions. "You" or "Reseller" includes the person purchasing the services and/or any party acting on the customer's instructions. "Member" includes the purchaser of services and/or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Suspension" means the account is on a temporary hold and will display a Late notice or advertising for Stepping Stone Marketing. "Termination" means the site contents have been deleted and the client has released all interest in hosting services of content. "Deletion" means the clients account including domain, hosting space, and client record have been removed from our system and no records are recoverable. "Canceled" means an intermediary step/process between Suspension and Deletion where an account is being closed and will eventually be Deleted without further notice. "Web Site" means the area on the Server allocated by us to you for use by you as a presence on the Internet. "TOS" includes this agreement. Stepping Stone Marketing reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://steppingstonehosting.com/service/ViewAgreementServlet.html. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement: By using any portion of Stepping Stone Marketing's service, you are agreeing to this service agreement on this document entirely. 1. Domain Name Registration and SSL certificates 1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk. 1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name. 1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute. 1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us. 1.5 Stepping Stone Marketing reserves the right to revoke or refuse an SSL certificate with or without prior notice 1.6 Stepping Stone Marketing reserves the right to increase/decrease our SSL prices at anytime with or without prior notice 1.7 Stepping Stone Marketing reserves the right to provide the customer with another equivalent SSL certificate should the advertise one not be available 1.8 Stepping Stone Marketing provides no warranties or guarantees on the nature and functionality of the certificates. 1.9 Stepping Stone Marketing does not provide technical support for SSL certficates apart from installing it for you. 1.10 SSL certificates issued free of charge because it was part of your package can be used on either Stepping Stone Marketing servers or another website not hosted by us. The choice is up to the customer. The SSL cert will be revoked if the hosting account is canceled unless the customer begins paying for the certificate at our advertised prices. 1.11 SSL Certificates & Free domains can only be received after successful payment and after our 16 day money back guarantee period has ended. 2. Personal Web Hosting Account 2.1 Customer may not resell space in their account. Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. This includes email services, cgi scripts, mySql services Web hosting services are defined as allowing a separate, third party to host content on the owner\'s web site. Exceptions to this include ad banners, classified ads, and personal ads. Should customer wish to host materials for companies that are not under direct control of customer, arrangements should be made by sending mail to webmaster@steppingstonehosting.com. Failure to comply with this is grounds for immediate suspension of account until such time as the issue is resolved. Unauthorized Reselling or Providing Access Personal Account Services such as offering email services and accompanying features for use by individuals outside of the required use on your own account; the reselling or giving away of CGI and other scripts installed on Stepping Stone Marketing Servers; or providing access codes to individuals not authorized to receive such materials as necessary for the running of your website or account. 3. Use of services 3.1 Excessive CPU, Bandwidth or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers. 3.2 Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by Stepping Stone Marketing at will] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. Stepping Stone Marketing reserves the right to terminate any process which it deems to be using excessive resource usage. 3.3 Background processes - background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from Stepping Stone Marketing is server abuse. 3.4 Compiling - User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse. 3.5 Mailing Lists - Stepping Stone Marketing has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists, (those exceeding 500 subscribers) sent using the Stepping Stone Marketing Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 1,500 addresses you should contact Stepping Stone Marketing requesting permission to send the mailing through the Stepping Stone Marketing servers prior to sending any messages. Sending a large mailing through mailing list software other than Stepping Stone Marketing pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination. 3.5a Mailing lists operated on Stepping Stone Marketing servers must be double opt-in with specific clear instructions in order to opt-out 3.6 Pornography - Stepping Stone Marketing prohibits the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through Stepping Stone Marketing servers. 3.7 Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service. 3.7a Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another. Stepping Stone Marketing Hosting has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software. 3.8 Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and Stepping Stone Marketing Hosting reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an abuse of service, contact Stepping Stone Marketing Hosting directly to check with us before proceeding. 3.8a Ignorance of your actions and consequences does not exempt you from liability 3.8b Stepping Stone Marketing reserves the right to financially penalize any customer violating this agreement. The amount the customer is penalized is determined by Stepping Stone Marketing. The customer agrees to pay all financial penalties placed by Stepping Stone Marketing in full and within 30 days. 3.9 Email abuse - Unsolicited Commercial Email ['Spam'] is implicitly forbidden. This is considered server abused and is grounds for immediate termination. 3.10 Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a Stepping Stone Marketing servers. 3.11 IRC sessions - Using Stepping Stone Marketing Hosting servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any Stepping Stone Marketing Hosting server. Running IRC from our servers makes them targets for attack. Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), 'bouncers', 'eggdrops' and the like are strictly prohibited. We will give no warning before terminating this activity and the account responsible. 3.12 Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from a Stepping Stone Marketing is grounds for immediate termination of likely prosecution. 3.13 Selling for free - Stepping Stone Marketing prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based). 3.13a Proxy websites and such are prohibited. 3.14 Any reselling of Stepping Stone Marketing services is prohibited unless clearly stated otherwise. Portions of a cPanel shared account may not be resold under any circumstances. Only resources in WebHostManager may be resold under a reseller agreement (i.e. with the purchase of a reseller package). 3.15 Stepping Stone Marketing backs up data for its own use and disaster recovery. The customer is encouraged to make their own backups. Customers may request 1 free restore per month. Stepping Stone Marketing makes it backups to an offsite location. We do not make any guarantees on the integrity and reliability of the backups. 3.16 Stepping Stone Marketing guarantees a 99.9% server uptime to shared hosting customers (including reseller customers). The following credit schedule applies: 99.5 - 99.89 = 70% service credit 99.0 - 99.49 = 80% service credit 98 - 99 = 90% service credit 97.99 - 95.00 = 100% service credit 3.16a Customers claiming credit under our uptime guarantee must do so by opening a ticket within 72 hours of the incident with their username, main account domain and PayPal subscription ID or latest order number if you are paying by credit card. All requests after 72 hours of the downtime incident happening will be void. 3.16b Uptime guarantee and crediting schedule do not apply to subaccounts created by resellers and VPS customers. 3.17 Stepping Stone Marketing guarantees a 99.9% network uptime guarantee to VPS customers. Conditions in section 3.16a apply and the crediting policy set in 3.16 of this agreement also apply to this condition. 3.18 Stepping Stone Marketing has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/downtime. 3.19 Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. Stepping Stone Marketing reserves the right to refuse a promotion to a customer. 3.19a Stepping Stone Marketing reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice 3.19b Stepping Stone Marketing reserves the right to reduce the advertised time of the promotion running time with or without prior notice 3.20 Customers wishing to take advantage of our "free migration from your old host" are limited to 25 free migrations from cPanel to cPanel servers. After the 25 initial migrations, the user is responsible to the transferring of files. Users should note that they are free to upload full cPanel backup files to our systems for us to restore. In which case we can restore up to 250 sites free of charge. 4.0 Reseller and VPS (Virtual Private Server) Responsibility 4.1 The reseller/VPS customer is liable and responsible for all actions of their account and subaccounts created by the reseller/VPS customer. As the reseller/VPS customer you agree to accept all responsibility and liability for your actions and the actions of your subusers either directly or indirectly. 4.2 Terms of Service violations as a result of a subuser account being exploited with or without knowledge will be the responsibility of the reseller/VPS account holder. 4.2a Resellers & VPS customers are responsible for the content of the accounts they create. If those accounts are hacked/abused, the reseller will be accountable for all costs and liability. 4.3 The reseller & VPS account holder agrees to actively monitor their subaccounts to ensure all subaccounts and their own account are abiding by all of Stepping Stone Marketing's policies and Terms Of Service 4.4 The legal liability and legal responsibility of the subaccounts of the reseller/VPS belongs to the reseller/VPS customer. 4.5 Stepping Stone Marketing reserves the right to financially charge the reseller/VPS customer for any contract violation. 4.6 If an IP assigned to a VPS client is blocked and/or blacklisted, Stepping Stone Marketing will impose a non-negotiable $100.00 penalty fee payable within 24hrs. Stepping Stone Marketing reserves the right to take further action should this bill remain unpaid. 4.7 Resellers are responsible for ensuring that the domain they choose upon sign up is the domain they wish to use. If the reseller requests to have the domain name of the main reseller account changed, a $25.00 one-time admin fee is charged. 5.0 Payment and Bills 5.0a All accounts are set-up on a pre-pay basis only 5.1 Stepping Stone Marketing provides a 3-day no interest credit period to the customer to allow resolution of any payment issues. Stepping Stone Marketing reserves the right to reduce the credit period time at its own discretion at anytime. 5.2 Stepping Stone Marketing reserves the right to suspend your account if outstanding bills have not been paid within 5 days of the due date. 5.2a If after 15 days outstanding bills owed to Stepping Stone Marketing have not been paid in full and no further credit arrangements have been made, Stepping Stone Marketing will terminate clients individual or all hosting accounts and deactivate all other services purchased through Stepping Stone Marketing until all owed amounts have been paid in full. 5.2b Terminated accounts are subject to a reactivation fee of $65.00, site contents are not guaranteed to be recoverable nor complete. 5.3 After account suspension, Stepping Stone Marketing will not provide you with any account backups unless the full outstanding bill has been paid in full before backups are deleted. 5.4 Stepping Stone Marketing reserves the right to impose a re-activation fee for accounts that have been suspended. 5.5 Stepping Stone Marketing reserves the right to impose a late fee for circumstances where your bill has not been paid in full and on time. 5.6 Any Hosting Account that remains unpaid after 20 days and has not been canceled per 6.1 may be used by Stepping Stone Marketing for its own purposes including advertising, PPC, and other marketing programs at Stepping Stone Marketing's discretion. If a domain name was renewed under an annual agreement or otherwise as a service to the client, and that annual agreement is not paid and terminates or the domain renewal is not paid and becomes delinquent, the domain name will become the property of Stepping Stone Marketing and may be used for any purpose determined by Stepping Stone Marketing. Future sale of the domain to a new or previous registrant is at the sole discretion of Stepping Stone Marketing; rates and transfer will be conducted as any other domain name commodity without consideration of history. Stepping Stone Marketing reserves the right to market, resell, hold, or make use of any domain in its inventory that is in default payment on the part of the client. 6.0 Refunds & Cancellations 6.1 You can only cancel your account by opening a support ticket with our billing department supplying your: Main account domain, username, password, subscription number or latest order number. 6.1a If you do not cancel using the procedures set in section 6.1, your account will not be canceled and will be subject to charges, forfeiture of security including domain name assets if applicable. 6.2 Accounts canceled under our 16 day money back guarantee are subject to a full refund for the hosting account only (less any additional fees), UNLESS the account was purchased under a special promotion held by Stepping Stone Marketing. 6.2a Accounts purchased under any Stepping Stone Marketing promotion (with or without coupon code) are EXCLUDED from the 16 day money back guarantee. 6.2b Any free additional services provided are deducted from the total refund amount of customers requesting a refund under our 16 day money back guarantee. The following fees are deductable (hence will not be refunded): WHMCS: $5.00 account fee. ClientExec: $5.00 account fee. SSL certificate: $300.00 Domain Reseller: $100.00 Support Desk Software: $25.00 If you have requested or used any of the above services, they will not be refunded as part of the 16 day money back guarantee and thus considered as chargeable items. 6.3 If you have violated our Terms of Service, the 16 day money back guarantee no longer applies to you 6.4 Domains, SSL certificates, IP addresses and any additional services ordered are not governed by our 16 day money back guarantee 6.5 If you are requesting credit under our 99.9% uptime guarantee (i.e. we did not provide you with 99.9% uptime), then the request must be submitted within 72 hours of the incident happening. Otherwise, the request will be void. 6.6 You must allow up to 30 days for credit and refunds to be processed and applied to your account. 6.7 If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded. Customers have 16 days to request a refund regardless of how many days, weeks, months or years you have paid for. 6.8 If you are using our domain reseller account services, and cancel your account, the domain reseller account will be suspended and any funds loaded in the domain reseller will be forfeited. Any domains in the domain reseller will also be forfeited. The customer is thus responsible for transferring any domains away from our domain reseller before terminating an account with us. Reseller accounts in our system will become the property of Stepping Stone Marketing and maintained on SteppingStoneHosting.com services. 8.0 End-user Support 8.1 If your package includes end-user support, Stepping Stone Marketing will only begin the end-user support part of the package once you provided us with your company name, email to send notifications to and desired password. This must be done via ticket. 8.2 Stepping Stone Marketing has no guaranteed response time but aims to respond within 30 hours. 8.3 Stepping Stone Marketing will be acting on your behalf. Thus, you are responsible for the content and nature of the replies Stepping Stone Marketing provides. 8.4 Stepping Stone Marketing does not provide support desk installation or help with configuration of a support desk. This is the responsibility of the customer. 8.5 Customer must use the helpdesk provided by Stepping Stone Marketing in order to use our end-user support service 8.6 Stepping Stone Marketing will keep itself anonymous and make every attempt to ensure your customers do not find out about Stepping Stone Marketing but we cannot guarantee your customers will not be able to find out about us by themselves. 9.0 Support Restrictions 9.1 Stepping Stone Marketing does not provide support for 3rd party scripts including all scripts listed in Fantastico, RVSiteBuilder, ClientExec and any other script unless explicitly stated. 9.2 If you open a ticket requesting support for a 3rd party script, your ticket will be reprioritized as low priority and may be closed without an answer. 9.3 The offer of any particular service does not constitute an obligation on Stepping Stone Marketing part to tutor the necessary skills to utilize that service, only to provide system-specific information. 9.4 problems with domain names/DNS issues are NOT directly the responsibility of Stepping Stone Marketing . DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of Stepping Stone Marketing, then the task of acquiring a solution will fall back into your hands. Stepping Stone Marketing will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers. 9.5 Stepping Stone Marketing covers free initial migration from your previous host. This service is limited to cPanel/WHM to cPanel/WHM transfers. We offer basic troubleshooting after account migration to ensure things have been transferred successfully. Stepping Stone Marketing does not cover 3rd party script troubleshooting. It is your responsibility to ensure your scripts are compatible with our server environment. 9.6 The same support restrictions also apply to our end-user support 10.0 Lawful Purpose 10.1 Stepping Stone Marketing reserves the right to refuse service to anyone. Customers may only use Stepping Stone Marketing servers and services for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Stepping Stone Marketing Hosting management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in United States, Nevada, and any dispute will be litigated or arbitrated in The state of Nevada. 11.0 Indemnification 11.1 CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Stepping Stone Marketing HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY\'S FEES ASSERTED AGAINST Stepping Stone Marketing, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT\'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Stepping Stone Marketing AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Stepping Stone Marketing SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Stepping Stone Marketing SERVER. 12.0 Disclaimer 12.1 Stepping Stone Marketing WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Stepping Stone Marketing MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Stepping Stone Marketing DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Stepping Stone Marketing AND ITS EMPLOYEES. Stepping Stone Marketing RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. 12.2 STEPPING STONE MARKETING RESERVES THE RIGHT TO CANCEL/SUSPEND/TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION WITH OR WITHOUT REASON IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE ORGANISATION OR ANY OTHER REASON. STEPPING STONE MARKETING RESERVES THE RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT NOTICE. 12.3 ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Stepping Stone Marketing MUST ADHERE TO THESE INCLUDED POLICIES. 12.4 FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION AND DELETION. 13.0 Intellectual Property Rights 13.1 Material accessible to you through Stepping Stone Marketing services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Stepping Stone Marketing or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Stepping Stone Marketing network. If you use a domain name in connection with Stepping Stone Marketing or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. 14.0 Contract 14.1 Stepping Stone Marketing reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of Stepping Stone Marketing Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service). Please check back regularly for any updates 15.0 Acceptable Use Policy (AUP) ACCEPTABLE USE POLICY This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Stepping Stone Marketing. If you engage in any of the activities prohibited by this AUP document Stepping Stone Marketing may suspend or terminate your account. Stepping Stone Marketing\'s Acceptable Use Policy (the "Policy") for Stepping Stone Marketing Services is designed to help protect Stepping Stone Marketing, Stepping Stone Marketing\'s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Stepping Stone Marketing. Stepping Stone Marketing reserves the right to modify the Policy at any time, effective upon posting at http://steppingstonehosting.com/service/ViewAgreementServlet.html Prohibited Uses of Stepping Stone Marketing Systems and Services: A. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. B. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Stepping Stone Marketing's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Stepping Stone Marketing\'s servers, is prohibited. Stepping Stone Marketing accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. C. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Stepping Stone Marketing customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Stepping Stone Marketing-hosted domain, or referencing any Stepping Stone Marketing account, is prohibited. D. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks, Phishing scams or schemes, ponzi or pyramid schemes. E. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org. F. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking"). G. Obtaining or attempting to obtain service by any means or device with intent to avoid payment. H. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Stepping Stone Marketing customers or end-users by any means or device. I. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Stepping Stone Marketing network or on another provider's network. J. Using Stepping Stone Marketing's Services to interfere with the use of the Stepping Stone Marketing network by other customers or authorized users. Customer Responsibility for Customer's Users Each Stepping Stone Marketing customer is responsible for the activities of its users and, by accepting service from Stepping Stone Marketing, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Stepping Stone Marketing customer will be forwarded to the Stepping Stone Marketing customer\'s postmaster for action. If violations of the Stepping Stone Marketing Acceptable Use Policy occur, Stepping Stone Marketing reserves the right to terminate services with or take action to stop the offending customer from violating Stepping Stone Marketing\'s AUP as Stepping Stone Marketing deems appropriate, without notice.