Terms of Service

The use of services from Namhost Internet Services (Pty) Ltd, [hereafter referred to as "Namhost" or "Namhost.com"] constitutes agreement to the terms and conditions set out below:

1.) Account setup, email on file and general billing details

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud.

There might be times where account activation is delayed. This usually only happens during times of promotions and discounts where many transactions take place in a short period of time.

It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

If you have a domain name registered with Namhost, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Namhost is not responsible for a lapsed registration due to outdated contact information being associated with the domain or a delay in action from the client to renew the domain. If you need to verify or change this information, you can contact us or log into the client area.

Providing false contact information of any kind may result in the termination or suspensions of your account. In dedicated server purchases or high risk transactions, it may be necessary to provide further identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied. Furthermore, we will pass fraudulent activity onto the relevant authorities.

Ownership

The person doing the electronic fund transfer, the credit card owner or the owner of the PayPal e-mail address which is utilized for payment on the hosting account is designated as the authorized owner of the account. Please note that this does not apply to domain names where the owner is in fact the person entered as the registrant contact, which by law, must be a representative of the company authorised to use the domain name. These rules are paticularly strict when it comes to dot na domain names, dot pro domain names and a few others.

Data transfers

We will make every effort to help you move your site to us. However, transfers are provided as a courtesy service and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. In other cases there might also be a fee involved depending on the effort involved in completing the transfer.

Dedicated IP Address Allocation

Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Third Party Providers

All transactions with third party providers are solely between the visitor and the individual provider. Namhost is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

2.) Content

All services provided by Namhost may only be used for lawful purposes. The laws of Namibia, South Africa, the State of Florida, the State of Texas, and the United States of America apply. Should any laws be broken, Namhost is obligated to report it to the relevant authorities.

The customer agrees to indemnify and hold harmless Namhost from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting or possibly reported to the relevant authorities.

If you believe that your copyright or trademark is being infringed upon, please contact us. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Spam Software or any software used to send unsolicited mail
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures/Bank Debenture Trading Programs
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Examples of unacceptable material on all Dedicated servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Namhost's services, including all related equipment, networks and network devices are provided only for authorized customer use. Namhost systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Namhost's system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Namhost may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department or support department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email.

In most cases websites hosted on Namhost's servers are regulated by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Namhost is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Namhost.com and many of Namhost.com's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Namhost should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Namhost.com's webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.

Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3) Zero Tolerance Spam Policy

Namhost takes a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam and we will report people to the necessary authorities that do not respect this policy.

Spamming, i.e. the sending of unsolicited email, from any Namhost server or any server located on the Namhost network is STRICTLY prohibited. 

Offenders could be held liable to a fine or risk being reported to the authorities, should they be found to send unsolicited e-mail using either the Namhost servers or sending spam to the Namhost servers. This fine may also be applied if after being warned, your account is compromised due to your own negligence and used to send spam e-mails. Paid removals from any blacklist (as a result of spam sent from an account) will also be charged to the account of the person who's account was used for spamming.

"Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, social networks or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Namhost reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Namhost reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Namhost.

Namhost will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at Namhost.

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 Namhost 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, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any Namhost.-hosted domain, or referencing any Namhost account, is prohibited.

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Terms and Conditions or the Terms and Conditions 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, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.

Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
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 is prohibited.

All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from "disposable domain names" with whois privacy protection.

Limits

There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.

Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user's connecting IP address. If you go over this you're likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.

Any mailing list larger than 5,000 addresses will require a dedicated server or VPS hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed.

There is also a limit to the number of Mailman mailing lists permitted as follows (NOTE: This does not apply to other mailing list programs such as PHPList. This only applies to Mailman.)

  • Lite Hosting Package: 20 Mailman mailing lists
  • Advanced Hosting Package: 25 Mailman mailing lists
  • Premium Hosting Package: 50 Mailman mailing lists
  • Reseller and Dedicated packages: Unlimited number of Mailman mailing lists

Mailing Lists Rules

1. Any time you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you're using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel, under Quickinstall.

IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server's load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server.

2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM - 8AM Eastern Standard Time, Monday through Friday.

3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

Email Scripts must be able to handle and document all information from a double opt-in list. This includes processing opt-outs (via web or email) and list removal on bounce backs. All opt-outs or bounce back removals must be handled in a timely manner, and outbound mail must be throttled on shared packages to a maximum of five hundred (500) emails per hour. If your account is found to be using a script that does not meet these requirements, Namhost reserves the right to suspend, terminate, or deactivate your script or account.

4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.

5. Any mailing list MUST comply with all guidelines set forth by the United States government. These can be found at: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business.

6. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.

1. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else's email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.

2. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.

3. Any mailing list MUST comply with all guidelines set forth by the United States government. These can be found at: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm.

4.) Payment Information

You agree to supply appropriate payment for the services received from Namhost in advance of the time period during which such services are provided, you agree that until and unless you notify Namhost of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Contact us directly if you wish to cancel a service. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you via email that your account has been canceled. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Namhost, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Namhost of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Namhost. Namhost reserves the right to bill your credit card or billing information on file with us.

Namhost requires a full calendar month notice should you want to cancel any service. Invoices are generally created prior to this period in order to allow clients the opportunity to cancel any services they may wish to cancel. However, this is not always possible, as is the case with month-to-month services. Failure to cancel an invoice one full calendar month in advance will render the invoice payable.

Namhost provides a 7 day grace period starting from the time the invoice is due until when it must be paid. Any invoice that is outstanding for 7 days and not paid will result in a 10% per annum late fee, accrued monthly until the account balance has been paid in full. The late fee is applied in addition to whatever else is owed to Namhost for services rendered. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to contact us after paying for a domain renewal and to ensure the email is received and acted upon. The exception to this is if you give us an instruction to renew a domain via our "client zone" and you receive confirmation of the renewal. Domain renewal notices and invoices are provided as a courtesy reminder and Namhost cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. This is also another reason to make sure you add Namhost to your "safe list" (a list of e-mail addresses that are not blocked by your spam blocker).

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to contact us for any domain registration cancellation. No refunds can be given once a domain is renewed. All domain registrations, and renewals are final.

Namhost reserves the right to change the monthly payment amount and any other charges at any time, with or without notice.

In order to transfer a domain name away from Namhost your account must be settled in full and therefore there must be no outstanding invoices. Also note that no domain can be transferred within the first two months of being registered. If payment is not received on time, no DNS changes may be made to a domain name, nor can it be transferred or used in any way by the client. The same rules apply to hosting. If any invoice is due, we will suspend a hosting account and you will be denied access to it until payment is made for all outstanding invoices.

5.) Backups and Data Loss

Your use of this service is at your own risk. Our backup service runs once a week and once a month and overwrites any of their previous versions. This service is provided to you as a courtesy. Namhost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Namhost servers. (Should you have more advanced backup requirements or need something designed for reliability, consider our Cloud Backup Services).

We generally provide free access to our backups, but in some cases we might charge a fee, especially in cases where the size of the backup is large and bandwidth is required to transfer it to another location. Backup restoration will not be free.

6.) Cancellations and Refunds

Namhost reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds and payouts are processed in South African Rand, and will reflect the exchange rate in effect on the date of the refund. All refunds and payouts are subject to this fluctuation and Namhost is not responsible for any change in exchange rates between time of payment and time of refund.

Customers may cancel at any time via a cancellation form or by contacting us but please note that costs may still be applicable even after cancelling, as is stipulated in point 4 on this page.

Namhost has a strictly no refunds policy. Only in certain cases, at our convenience and at our own discretion, are refunds issued. All methods of payments are non-refundable. Refunds will be posted as credit to the hosting account in certain cases but at the discretion of Namhost. There are no refunds, whatsoever, on dedicated servers, administrative fees, install fees for custom software, web development work, domain name registrations or any work paid for as labour.

Any violations of the Terms of Service will exclude you from any consideration for a refund.

7a.) Resource Usage

Users may not:

  1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  6. Participate in any file-sharing/peer-to-peer activities
  7. Run cron entries with intervals of less than 15 minutes.
  8. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  9. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
  10. To help reduce usage, do not force html to handle server-side code (like php and shtml). We als recommend making use of "caching", as this will not only decrease load on the server, but increase the overall performance of your website.
  11. Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

7b.) INODES

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

7c.) Backup Limit

If an account is terminated we will try to keep a backup copy, but we cannot gaurentee this or for how long we will be able to keep the backup.

In cases where accounts become extremely large, backups might be turned off completely.

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.

Unused transfer in one month cannot be carried over to the next month.

9a.) Order Processing

Namhost will not activate new orders or activate new packages for customers who have an outstanding balance with Namhost. For a new order to be setup or a new package to be activated, you must have a balance of 0.00, unless otherwise stated by Namhost in writing.

9b.) Uptime Guarantee

We gaurentee an uptime of 99% and we have been maintaining that since Namhost was formed in 2005.

10.) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Namhost does not provide support to our Reseller's Clients. If a reseller's client contacts us, we will not be able to assist them, as the account is in the Reseller's name, which is the only authority which may request details of the Reseller's account. All support requests must be made by the reseller on their clients' should there be a problem with any Reseller Account.

Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Namhost will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. It is therefore important that Resellers also enforce the same rules as set out in this terms of service agreement you are reading right now.

11.) Shared (non-reseller accounts)

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.

12.) Dedicated and Virtual Private Servers (VPS)

Namhost reserves the right to reset the password on a dedicated server or VPS if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server or VPS on file to prevent downtime from forced password resets. Namhost reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers and VPSes are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact us if you wish to obtain a secondary hard drive or discuss other backup solutions. It is your responsibility to maintain backups.

13.) Price Change

The amount you pay for hosting may increase from the date of purchase, but only after the period you have paid for is over. In other words, we won't bill you more while you are in the middle of a period you have paid for. We reserve the right to change prices listed on Namhost.com, the price of your package and we reserve the right to change the amount of resources given to plans at any time. (We generally increase our packages sizes and bandwidth every year, so packages will always be value for money).

14.) Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

15a.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Namhost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Namhost, 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, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Namhost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Namhost; (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 customers from Namhost's server.

15b.) Arbitration

By using any of Namhost's services, you agree to submit to binding arbitration. If any disputes or claims arise against Namhost or its subsidiaries, such disputes will be handled by an arbitrator of Namhost's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

16.) Domain Names and Domain Availability

Clients are required to notify us of domain canellations. Namhost can not be held liable if a domain is lost due late payments or inability of clients to prove that payment was made. A client will also be held liable to pay for the renewal of a domain should it be renewed and the client did not notify us of a cancellation one calendar month in advance as is explained in point 4 of this page.

You will be charged the full renewal price when domains are transferred to Namhost but 1 year will be added to the expiry date for that domain, effectively making you only pay for for the domain's renewal and not the transfer.

We try our best to provide a very accurate domain whois checker, but unforunately we cannot always gaurentee the accuracy of dot na and dot co dot za domain names. We are working hard to improve the accuracy of our checkers and trust this issue will be resolved over time.

Domains that go into redemption will cost N$ 4 000.00 / R 4 000.00 extra to renew. Namhost will not be held liable for a domain name that goes into redemption.

Namhost will under no circumstances release, unsuspend or make available a domain name of anyone that has outstanding invoices with Namhost. If the billing account is not in the name of the registrant, Namhost reserves the right to suspend the domain until all outstanding invoices are paid by the person listed as the billing contact. A reactivation fee of R250.00 / N$250.00 can be applicable in certain cases such as when a domain has to be changed for whatever reason. Again, these rules apply to any service offered by Namhost. If invoices are due, the service will be suspended until full payment is made.

Namhost will in no way be held liable for any downtime experienced or data loss that occurred as a result of suspension, DNS propogation issues, registrar domain suspensions, suspensions due to rules we have to adhere to, transfers or any other reason.

If you require DNS hosting, you will have to register at least one hosting account with Namhost, or alternatively provide nameservers to an alternatively web hosting account where you can host your own DNS. For those that only require DNS hosting, we now offer our "FREE Hosting Package" which allows you to host your DNS as you please and get a basic FREE cPanel account with which you can manage it.

MX record and other DNS changes can only be made if an account is parked on a Namhost web hosting account. Furthermore, only MX entries can be changed via cPanel. For other DNS changes please contact us.

A domain usually goes into redemption 19 days after expiration. We however recommend that you not only pay renewal fees well before 19 days after expiration, but also that you consider registering a domain for several years upfront. There are numerous advantages to this. Besides the obvious one of not having to pay every year and worry about prices increasing, Search Engines also values domain names more that are registered for a longer period of time and you could therefore increase your Search Engine Ranking by simply extending the term of your domain name.

Dot na domain names

Dot na domain names must be paid 2 months in advance due to the delays often associated with the renewing of these domains. Namhost will not be held liable for any suspensions made by the dot na domain registrar. Namhost will attempt to resolve any disputes with the domain name registrar as fast as possible to avoid any inconvenience to the client.

The prices on our website for dot na domains are only applicable to local (Namibian) registrants. Different pricing applies to foreign nationals. Unfortunately this is out of our hands but we are constantly trying to improve these prices. To get a quotation for registering a dot na domain name for another country, please contact us.

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 (http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm) 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;

(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 authorised 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 Lookupfor 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) Notwithstanding anything to the contrary, 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 ownershipof or transfer the Order, or to modify, upgrade, suspend, freeze OrderBox, or to publish, transmit, share data in the OrderBox Database with any person or entity, or to contact any entity in the OrderBox Database, 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 for which the Registrant, Customer or Reseller has been notified and requested to remit payment, 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/usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS hijacking), distribution of virus or malware, child pornography, using Fast Flux techniques, running Botnet command and control, Hacking (illegal access to another computer or network), network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, 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 ownershipof 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 keeprecords 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 ownershipof 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 ownershipof 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;

(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) If you select the “Managed Domain Transfer Service”, you agree to provide Namhost with the necessary credentials and access to your domain account and you consent to Namhost’s use of such credentials and account access, including making any necessary changes, solely for the limited purpose of transferring your domain from the current registrar of record on your behalf.

(8) 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 eligbility criterias 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, and Sections 1, 2, 3 of Appendix W 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 relationshipbetween 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 newsgroupcharter or the article provokes complaints from the readers of the newsgroupfor 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, mailbombing, denial of service attacks, and piracy of software;

(6) harassment of other individuals utilizing the Internet after being asked to stopby 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 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/newsgrouparticles;

(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 lossage 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 ownershipof 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 keepit 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 keepit 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-upTrademark 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 keepit 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 November 7, 2011 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 keepit 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 .US 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 have and shall continue to have a lawful bona fide US 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 keepit 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, 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, breaks any applicable laws or regulations, including discrimination on the basis of race, language, sex or religion, is used in bad faith or for any unlawful purpose;

(2) your registered domain name is not contrary to public policy and the content of the website does not violate any Indian Laws.

2. DOMAIN DISPUTE POLICY

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:

(1) an undertaking having its registered office, central administration or principal place of business within the European Union Community; or

(2) an organisation established within the EU Community without prejudice to the application of national law; or

(3) 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 keepit current, complete and accurate. This information includes:

(1) the full name of the Registrant; where no name of a company or organisation is specified, the individual requesting registration of the Domain Name will be considered the Registrant; if the name of the company or the organisation is specified, then the company or organisation is considered the Registrant;

(2) address and country within the European Union Community:

(1) where the registered office, central administration or principal place of business of the undertaking of the Registrant is located; or

(2) where the organisation of the Registrant is established; or

(3) 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.

4. 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 LookupResult 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, or

(4) for 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 (DotCoopLimited 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 DotCoopDomain 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:

1. 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.aspand incorporated herein by reference sets forth your and the .COOP Sponsor's rights and responsibilities with regard to your personal information.

2. 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).

3. 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.aspas 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://mtld.mobi/system/files/Registrar-Registrant+Agreement+Text+%5BJan+09+revision%5D.pdf.

(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.

APPENDIX 'R'

.ASIA DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .ASIA domain name, the Registrant, must also agree to the following terms:

1. DEFINITIONS

(1) "Charter Eligibility Declaration Contact" ("CED Contact") is a contact that is designated to make the declaration that it meets the Charter Eligibility Requirement for registering a .ASIA domain name.

(2) "Charter Eligibility Requirement" means the eligibility requirement set out in the .ASIA Charter, that the Registered Name Holder is required to comply with. The policy for such requirement, the "Charter Eligibility Requirement Policy" is stated on DotAsia's website at http://policies.registry.asia.

2. REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

(1) you are aware that registering a .ASIA domain name, involves you contracting with the .ASIA Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://policies.registry.asia.

(2) you are aware that every .ASIA domain name must specify a CED Contact, that is a legal entity or natural person in the DotAsia Community. The DotAsia Community is defined based on the geographical boundaries described by the ICANN Asia / Australia / Pacific region (http://www.icann.org/montreal/geo-regions-topic.htm).

(3) you are aware that in the event you do not have a legal entity or natural person in the DotAsia Community, the Registrar allows you to designate a Registrar-assigned CED Contact, to facilitate your .asia domain name registration.

(4) you have made known to the Charter Eligibility Declaration Contact (CED Contact), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder's legal entitlement to or the ownershipof the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited's .ASIA Charter Eligibility Requirement Policy published from time to time. Registered Name Holder acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.

(5) in the event of a domain name dispute both the CED Contact and the Registrant Contact can be named as the responding party, the CED Contact however is responsible only for acknowledging the dispute proceedings and to refer the case to the Registrant Contact. The Registrant Contact shall remain solely responsible for all operations and liabilities regarding the use of the domain.

3. DOMAIN DISPUTE POLICY

You agree to be bound by the current ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP), available at http://www.icann.org/dndr/udrp/policy.htm and ICANN's Charter Eligibility Dispute Resolution Policy (CEDRP), available at http://www.icann.org/udrp/cedrp-policy.html, that are incorporated herein and made a part of this Agreement by reference.

APPENDIX 'S'

.ME DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .ME domain name, the Registrant, must also agree to the following terms:

You shall comply with all registry policies and all other standards, policies, procedures, and practices which the Montenegrin government requires the .ME registry to implement in accordance with the Registry Registration Agreement or otherwise.

You shall comply with all operational standards, policies, procedures, and practices for the .ME registry system established from time to time by the .ME registry.

You shall consent to the use, copying, distribution, publication, modification, and other processing of the registrant's personal data by the .ME registry and its designees and agents in a manner consistent with the purposes of the .ME Registry-Registrar Registration Agreement.

You shall submit to proceedings comments under any dispute policy implemented by the .ME registry, including, without limitation, the Domain Name Dispute Resolution Policy (“DRP”) referenced on the .ME registry's website at www.domain.me.

You shall agree to be bound by the terms and conditions of the initial launch and general operation of the .ME TLD, including, without limitation, the sunrise and land rush periods, and the corresponding dispute resolution policies.

You acknowledge the .ME registry has no liability of any kind for any loss or liability resulting from the proceedings and processes related to the sunrise or land rush periods, including, without limitation: (a) the ability or inability to obtain a .ME registered domain name during these periods; and (b) the results of any dispute procedures.

You acknowledge and agree that the .ME registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain names(s) on registry lock, hold, or similar status, that it deems necessary, in its sole discretion to (b) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of the .ME registry, as well as its owners, affiliates, subsidiaries, officers, directors, and employees for violations of any policies, terms, or conditions established by the .ME registry, including, without limitation, the .ME registry policies; and (d) to correct mistakes made by the .ME registry or Registrar in connection with a domain name registration. The .ME registry also reserves the right to place a domain name on registry, lock, hold, or similar status during resolution of a dispute proceeding.

You shall submit to proceedings commenced under other dispute policies as set forth by the .ME registry from time to time, including, but not limited to, expedited processes for suspension of a domain name by claims brought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security, and integrity of the .ME registry system for the .ME top level domain.

You hereby agree to indemnify, to the maximum extent permitted by law, defend and hold harmless doMEn, d.o.o., and its owners, subsidiaries, affiliates, subcontractors, and agents, and their respective directors, officers, employees, affiliates, and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration and or use.

1. REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

(1) you are aware that registering a .ME domain name, involves you contracting with the doMEn, d.o.o. Registry which is the .ME Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.domain.me/.

(2) you agree to comply with all applicable laws, regulations and policies of doMEn, d.o.o. available on their website at http://www.domain.me/.

2. DOMAIN DISPUTE POLICY

You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by doMEn, d.o.o.. These policies are available at http://www.domain.me/ and are hereby incorporated and made an integral part of this Agreement.

APPENDIX 'T'

.TEL DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .TEL 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 .TEL domain name, involves you contracting with the telnic which is the .TEL Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.telnic.org/.

(2) you are aware that registering a .TEL domain name, requires you to submit atleast one communications contact such as a telephone number, an email address, an instant-messaging handle or a web link associated with you.

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 'U'

LIST OF TLDS REGISTRAR IS AUTHORIZED TO PROVIDE DOMAIN NAME REGISTRATION AND MANAGEMENT SERVICES

* .COM, .NET (through Registrar Launchpad, Inc.)

* .ORG (through Registrar Launchpad, Inc.)

 

* .BIZ (through Registrar Launchpad, Inc.)

 

* .INFO (through Registrar Launchpad, Inc.)

 

* .NAME and .NAME Defensive Registrations and .NAME Mail Forwards (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

 

* .US (through Registrar Launchpad, Inc.)

 

* .IN (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

 

* .EU (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

 

* .UK (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

 

* .TRAVEL (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)

 

* .WS (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)

 

* .COOP (through Registrar The Midcounties Co-operative Ltd)

 

* CentralNIC (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

 

* .MOBI (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)

 

* .ASIA (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)

 

* .ME (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)

 

* .TEL (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

 

* .MN, .BZ (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

 

* .CC, .TV (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

 

* .CN (through Registrar Directi Web Services Pvt. Ltd)

 

* .NZ (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

 

* .CO (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

 

* .CA (through Registrar PublicDomainRegistry.com Inc)

 

* .DE (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

 

* .ES (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

 

* .AU (through Registrar Public Domain Registry Pty Ltd.)

 

APPENDIX 'V'

.CN DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .CN 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 you are aware that registering a .CN domain name, involves you contracting with the CNNIC which is the .CN Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.cnnic.cn.

2. DOMAIN DISPUTE POLICY

If the Order is a .CN domain name, the Registrant, must also agree to be bound by the current CNNIC Domain Name Dispute Resolution Policy, available at http://www.cnnic.cn/ that is incorporated herein and made a part of this Agreement by reference.

APPENDIX 'W'

.NZ DOMAIN NAME SPECIFIC CONDITIONS

Registrar and registrant are bound by the policies, at http://dnc.org.nz/policies, that are incorporated herein and made a part of this Agreement by reference.

In the case of any conflict between .NZ and this agreement, the .NZ terms apply. If the Order is a .NZ domain name, the following terms apply:

1. REGISTER IS THE RECORD

For all purposes the details shown in the .NZ register shall be treated as correct and the authoritative record.

2. CANCELLATION OF A DOMAIN NAME

If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to its renewal, we will give you fourteen days notice before we initiate action to cancel that domain name.

3. LAW AND JURISDICTION APPLYING TO THIS APPENDIX

To the extent legally permitted, you agree that:

(1) all services of the .NZ Registry are provided under New Zealand law.

(2) any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you.

(3) except as otherwise stated, you may take action against us only in a New Zealand court.

4. CANCELLING THE AGREEMENT

We may cancel or suspend this agreement by giving you one month's notice.

5. REGISTRAR-REGISTRAR TRANSFER

The Registrant acknowledges and agrees that during the first five days after initial registration of the Order the Registrant may not be able to transfer the Order to another Registrar.

APPENDIX 'X'

.CO DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .CO domain name, the Registrant, must also agree to the following terms:

Definitions:

"Administrator" means .CO Internet, S.A.S.

"Registrar" means the registrar of record for a Registered Name.

"Registered Name" means a domain name within the .Co TLD, whether consisting of two, three or more levels (e.g. twolevels.co or three.levels.co), registered and/or maintained through the Registry System and about which data is maintained by or on behalf of Administrator in the Registry Database (whether or not such name appears in the .Co TLD zone file).

"Registrant" means the holder of a Registered Name.

"Registry Database" means a database comprised of data about one or more DNS domain names within the domain of the .Co TLD that is used to generate either DNS resource records that are published authoritatively or responses to domain-name availability lookup requests or Whois queries, for some or all of those names.

"Registry System" means the registry system operated by or on behalf of Administrator for Registered Names in the .Co TLD, including, without limitation, the Registrar Toolkit, as well as any updates, modifications, enhancements and/or redesigns thereof that may be made from time to time.

You shall (within thirty days of demand) indemnify, defend and hold harmless Administrator, Registrar, and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to the Registrant's domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar's prior written consent, which consent shall not be unreasonably withheld and that this indemnification obligation survive the termination or expiration of the Registration Agreement for any reason.

You certify that, to the best of your knowledge, information or belief under penalty of fraud, the following is true:

The data provided in the domain name registration application is true, correct, current and complete and Registrant will ensure that all such information is kept up to date;

Neither the registration nor the use of the requested domain name interferes with or infringes upon the lawful rights of any person;

The domain name has not been registered for and will not be used for any purpose that is fraudulent, illegitimate or otherwise in conflict with any applicable laws, rules, regulations, ordinances or decrees, including, without limitation for the submission of unsolicited bulk email, phishing, pharming use of botnets or malware, infringement of the legitimate trademark rights of others, or any other abusive practices; and You have the full power and authority to enter into the Registration Agreement on behalf of the Registrant and will be responsible for any errors, falsifications or omissions of information.

You agree that the registration and exclusive and perpetual right of use and enjoyment for any Registered Name may be cancelled if Administrator or Registrar determines that you have provided information that is incorrect, false or inaccurate either in the initial registration process or in any subsequent communications or in the event you violates any of the terms of the Registration Agreement.

You agree to follow and be bound by all Administrator's policies (including, without limitation, the Administrator's privacy policy, and other policies shown at http://www.cointernet.co), as the same may be updated, modified or replaced from time to time, and to subject themselves to any dispute resolution process for the resolution of disputes regarding Registered Names that may be adopted by Administrator, as the same may be updated, modified or replaced from time to time, including, but not limited to, any expedited processes for suspension of a domain name due to claims sought by intellectual property right holders.

You agree that the domain name may be suspended, terminated, canceled or transferred in the interest of safeguarding compliance with Administrator's security or registration policies or as a result of a dispute resolution.

You agree that all official contact, correspondence and/or other information sent from or on behalf of Registrar, Administrator or any other relevant official will be transmitted to the administrative contact information that appears in the Registry Database and that the designated administrative contact is authorized to receive all such communication and information.

You consent and authorize Registrar and Administrator to publish the following information in the WHOIS database and elsewhere:

Names, addresses, telephone numbers and email addresses of the Registrant and Registrant's designated administrative contact.

Name, address, telephone number and email address of the Registrant's technical contact.

Dates related to the creation, last update and expiration of the Registered Name.

You agree that all disputes, claims or controversies regarding the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .Co TLD between Registrant and Administrator shall be governed exclusively by the laws of Colombia and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Bogotá, Colombia.

You agree to assume all responsibility and liability arising out of any assignment by Registrant of the Registered Name, including, without limitation, with respect to any users, clients, customers, licensees or other persons who may be using any sub-domain of the Registered Name or any Website associated with the Registered Name.

You agree that neither Registrar's acceptance of the Applicant's registration request nor the actual registration of any Registered Domain shall be deemed an indication that Administrator, Registrar or the Colombian Government has made any determination regarding the legality of the registration, the extent to which Registrant's registration and exclusive and perpetual right of use and enjoyment of the Registered Name may violate any applicable laws, rules, regulations, policies, procedures, ordinances or decrees or infringe on the rights of any other person, and that neither Administrator, Registrar nor the Colombian Government shall have any liability or responsibility arising therefrom.

You agree that Registrant shall be bound by the terms and conditions of the initial launch and general operation of the .Co TLD, including without limitation the Sunrise and Landrush periods, and the corresponding dispute resolution policies, and that Administrator shall have no liability of any kind for any loss or liability resulting from (a) the ability or inability of an Applicant to obtain a Registered Name during these periods, or (b) the results of any dispute procedures.

Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the Uniform Domain Name Dispute Resolution Policy adopted by ICANN, available at http://www.icann.org/en/udrp/udrp-policy-24oct99.htm (the "UDRP"), as the same may be amended from time to time and which is hereby incorporated and made an integral part of this Registration Agreement.

You agree that Administrator reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry and/or the Registry System; (2) to comply with any applicable laws, rules, regulations, policies, procedures, ordinances or decrees of any government, governmental agency or quasi governmental agency (including, without limitation, those of the Colombian Government) or any requirements and/or requests of law enforcement authorities, in compliance with any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Administrator, as well as its affiliates and subsidiaries, and their respective owners, officers, directors, managers, employees, agents, contractors and service providers; (4) for violations of this Registration Agreement; or (5) to correct mistakes made by Administrator or any registrar in connection with a domain name registration. Administrator also reserves the right to lock or place on hold a domain name during resolution of a dispute.

APPENDIX 'Y'

.CA DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .CA domain name, the Registrant, must also agree to the terms within the .CA Registrant Agreement displayed at the time of registering a .CA domain name and while assigning a new Registrant Contact for the domain name.

APPENDIX 'Z'

.DE DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .DE 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 you are aware that registering a .DE domain name, involves you contracting with the DENIC eG (DENIC) which is the .DE Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.denic.de/en/domains.html.

2. LAW AND JURISDICTION

To the extent legally permitted, you agree that:

(1) all services of the .DE Registry are provided under laws of Germany.

(2) either the Registrant or the Administrative Contact of your .DE domain name is domiciled in Germany and would be legally able to receive German Court documents and/or summons.

(3) any disputes, claims or controversies arising out of the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .DE TLD between Registrant and the .DE Registry shall be governed exclusively by the laws of Germany and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Germany.

3. DOMAIN DISPUTE POLICY

If the Order is a .DE domain name, the Registrant, must also agree to be bound by the current DENIC Domain Name Dispute Resolution Policy, available at http://www.denic.de/en/domains.html that is incorporated herein and made a part of this Agreement by reference.

APPENDIX 'AA'

.ES DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .ES 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 you are aware that registering a .ES domain name, involves you contracting with the Red.es (ESNIC) which is the .ES Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.dominios.es/.

2. LAW AND JURISDICTION

To the extent legally permitted, you agree that:

(1) all services of the .ES Registry are provided under laws of Spain.

(2) any disputes, claims or controversies arising out of the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .ES TLD between Registrant and the .ES Registry shall be governed exclusively by the laws of Spain and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Spain.

3. DOMAIN DISPUTE POLICY

If the Order is a .ES domain name, the Registrant, must also agree to be bound by the current ESNIC Domain Name Dispute Resolution Policy, available at http://www.dominios.es/ that is incorporated herein and made a part of this Agreement by reference.

APPENDIX 'AB'

.AU DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .AU domain name, then the following terms apply:

1. REGISTRANT REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

(1) you are aware that auDA (.au Domain Administration Limited, ACN 079 009 340) is the .AU Domain Names Administrator.

(2) you are aware that you must comply with all auDA Published Policies (listed at http://www.auda.org.au), as if they were incorporated into, and form part of, this agreement. In the event of any inconsistency between any auDA Published Policy and this agreement, then the auDA Published Policy will prevail to the extent of such inconsistency.

(3) you are aware that the Registrar acts as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of rights and covenants conferred to it under this agreement. auDA is an intended third party beneficiary of this agreement.

(4) all information provided to register or renew the registration of the domain name (including all supporting documents, if any) are true, complete and correct, and are not misleading in any way, and the application is made in good faith.

(5) you acknowledge that under the auDA Published Policies there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this agreement.

(6) you meet and will continue to meet, the eligibility criteria prescribed in auDA Published Policies (http://www.auda.org.au/policy/current-policies/) for the domain name for the duration of the domain name.

(7) you have not previously submitted an application for the domain name with another Registrar using the same eligibility criteria, and the other Registrar has rejected the application.

(8) you are aware that even if the domain name is accepted for registration, the Registrant's entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name.

(9) you are aware that auDA or the Registrar may cancel the registration of the domain name if any of the warranties set out above is found to be untrue, incomplete, incorrect or misleading.

(10) you are aware of auDA's WHOIS policy at http://www.auda.org.au/whois-policy/, which sets out auDA's guidelines on the collection, disclosure and use of WHOIS data.

2. LIABILITIES AND INDEMNIFICATION

(1) To the fullest extent permitted by law, auDA will not be liable to Registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered by Registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.

(2) Registrant agrees to indemnify, keepindemnified and hold auDA, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Registrant's registration or use of its .au domain name.

(3) Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.

3. DOMAIN DISPUTE POLICY

You agree to be bound by the current auDRP Dispute Resolution Policy, available at http://www.auda.org.au/policy/current-policies/ that is incorporated herein and made a part of this Agreement by reference.

4. REGISTRAR SUPPORT

First level of support is available through the Registration Partner, from whom you have registered your .AU domain name. Contact details of this organization may be obtained from http://publicdomainregistry.com/support/.

If this organization is not able to provide timely assistance to the domain name owner, you may contact Registrar Public Domain Registry Pty Ltd.'s 24x7 online Support Team at http://resources.publicdomainregistry.com/compliance/.

To know more about your .AU domain name or to get in touch with the .AU Registry, refer http://www.auda.org.au/help/faq-index/.

5. REGISTRAR ADDRESS

Public Domain Registry Pty Ltd.

ACN: 141 141 988

ABN: 25 141 141 988

14, Lever Street, Albion

Brisbane, Queensland 4010

Australia

APPENDIX 'AC'

.CC, .TV DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .CC or .TV domain name, then the following terms apply:

1. REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CC, .TV domain name, requires you to agree to:

(1) grant Verisign (the .CC, .TV Registry) all necessary licenses and consents to permit Verisign or its agent(s) to:

(1) perform in Verisign’s unlimited and sole discretion Malware Scans on your .CC, .TV website.

(2) collect, store, and process data gathered as a result of such Malware Scans.

(3) disclose the results of such Malware Scan (including all data therefrom) to the Registrar. Such information can not be considered as confidential or proprietary.

(4) use the results of such Malware Scan (including all data therefrom) in connection with protecting the integrity, security or stability of the Registry.

(2) disclaim any and all warranties, representations or covenants that such Malware Scan will detect any and all Malware or that Verisign is responsible for notifying the Registrar or the Registrant of any Malware or cleaning any Malware from any Registrant’s systems.

2. LIABILITIES AND INDEMNIFICATION

You agree to indemnify, defend and hold harmless Verisign and its affiliates, suppliers, vendors and subcontractors, and, if applicable, any ccTLD registry operators providing services and their respective employees, directors, officers, representatives, agents and assigns (“Verisign Affected Parties”) from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any Malware Scan, the failure to conduct a Malware Scan, the failure to detect any Malware, or the use of any data from Malware Scans.
 

(Last modified on 28 April 2014)

 

17.) Account Suspension and Termination

Namhost reserves the right to suspend any and all services of a user who has any invoices that are unpaid and in arrears. All services, including paid services may get suspended if any payment is outstanding. This includes the suspension of emails, domain names, websites, cpanel accounts or any other service offered by Namhost. It is therefore the client's responsibility to make sure that all outstanding invoices are either paid in full or a written instruction is sent to us requesting to cancel a service and therefore the associated invoice.

Namhost reserves the right to terminate accounts after 30 days of not receiving payment. A terminated account will be unrecoverable and the user will lose all data (e-mails and other files) associated with that account.

Should you decide to cancel your hosting with Namhost, you must give us 30 days notice in the form of a written notice as was explained in more detail in point 4 on this page. Contact us if you wish to give your notice.

Namhost reserves the right to suspend network access to any customer if in the judgment of the Namhost network administrators the customer's server is the source or target of the violation of any of the other terms of this Terms of Service or for any other reason which Namhost chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete.

18.) Miscellaneous

New customers will automatically be signed up for our monthly newsletter. This is optional and one can unsubscribe at any time.

Orders that are placed and not cancelled within 14 days, are eligable for payment. Customers are therefore required to cancel an order if they do not wish to continue with it.

Namhost reserves the right to charge penalty fees if invoices are overdue for longer than 10 days. Our standard rate is 10% per annum accrued daily.

Namhost's clients will receive invoices and invoice reminders when invoices are due. This is not spam and making use of Namhost's services means that you agree to receiving these reminders. You are free to request that an invoice be cancelled, or you can settle the payment to stop receiving reminders.

19.) Web Development / Labour

Namhost requires a 50% deposit payment upfront before any development work commences, unless the total amount is less than R 5 000.00 / N$ 5 000.00 ($ 600 USD). In the latter case, the full amount is payable before any work will commence.

Quotations are generally provided on a per project basis. Namhost will always try to provide the most accurate possible rate for work that needs to be completed. However, in cases where the scope of the project changes or more hours are needed due to reasons outside of the control of the Namhost team, additional hours may be billed for. Furthermore, work that falls outside of the boundaries of the original quotation may be seen as a completely new project and a separate quotation may be required for this work.

The client is required to provide Namhost with all necessary material as well as prompt feedback in order to finish development projects. If a client fails to provide the necessary material and feedback within 4 (four) months of the date the deposit was received the client will forfeit their deposit and the project will be seen as completed by Namhost. If the client wishes to proceed with development after forfeiting their deposit a new quote will be created and another deposit on this quote has to be paid before work will continue from Namhost's side. The exception to this rule is in the case of big projects that stretch over periods longer than 4 months. In this case Namhost will discuss timelines with clients on a case-by-case basis.

Namhost requires prompt feedback and complete and final data in order to meet certain deadlines. If we do not get feedback fast enough, certain deadlines may not be met.

20.) Support

Namhost only deals with techical support via our helpdesk, live chat and skype. We are available via telephone, but due to verification being necessary for most technical queries, we require that a client rather logins into their client area and submit a support ticket, or to rather contact the helpdesk directly.

Our business hours are from 9AM to 5PM, weekdays. Support is therefore primarily available during this time, but we do offer basic support outside of these timeframes. Please contact the helpdesk if you have any queries. This is the quickest way to get a response from our support department.

21.) Resellers

When a reseller account is suspended, all accounts under the main reseller account will also be suspended.

Reseller accounts that are suspended will be liable to pay a reactivation fee of N$ 250.00 / R 250.00 ($ 35 USD) if the account remains unpaid and suspended for longer than 30 days.

22.) Bandwidth

Customer agrees that bandwidth shall not exceed the number of megabytes per month and disk usage shall not exceed their quota for the services ordered by the client. Sites that consume over our monthly bandwidth limit are automatically disabled and will show a bandwidth overusage note when trying to view the website. Clients can then either wait until the next month when the bandwidth is reset or they can contact us and request an upgrade to their account. An upgrade will increase the bandwidth limit and make the account active again immediately.

23.) SMS Services

Both bulk SMS and short code messaging services fall under Namhost's "SMS Services".

We have a zero tolerance policy for spam which also applies to our SMS services. Unsolicited SMS sending is strictly prohibited and may result in your account being terminated. You may not under any circumstances SMS people that you do not have a business relationship with or who did not give you permission to SMS them.

You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via our SMS Services. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.

All SMS credit purchases are non-refundable. If you do not use purchased SMS Credits within 1 year of the purchase date, the SMS credits will expire.

There are currently no hourly rate limits or any kind of "throughput" limits, but this could change during upcoming busy periods. If you are running a campaign where more than 25 000 SMS's need to be sent out, we suggest you first get in touch with us before initiating the campaign.

24.) Disclaimer

Namhost shall not be responsible for any damages your business may suffer. Namhost makes no warranties of any kind, expressed or implied for services we provide. Namhost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Namhost and its employees.

25.) Disclosure to law enforcement

Namhost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

26.) Changes to the TOS

Namhost reserves the right to revise its policies at any time without notice. However, if big changes are made to the Terms of Service, we always try to send out an e-mail in order to inform our clients. Nevertheless, it is your responsbility to check this page from time to time.