条款和条件

This policy represents the eCartCenter.com Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all eCartCenter.com customers agree to when they sign-up for any of the eCartCenter.com web site hosting services. eCartCenter.com reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers. Customers using any services offered by eCartCenter.com agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with eCartCenter.com. eCartCenter.com retains the sole discretion to make judgment regarding any violation by any eCartCenter.com customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer.s services without refund and/or, if deemed appropriate, be legally prosecuted. ————————— General Provisions In consideration for eCartCenter.com maintaining one or more accounts (each “Account”), you, as the eCartCenter.com customer, agree to the following terms of service. Definitions
  • “We” “Us” or “Provider” or “eCartCenter.com.” .eCartCenter.com.
  • “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty The Internet and web site hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times. eCartCenter.com however, offers a 99.9% uptime guarantee. This is valid for only the eCartCenter.com servers and our primary co-location internet connection. eCartCenter.com shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, eCartCenter.com is not responsible for any down time caused by any provider.s hardware or network malfunction which is outside of eCartCenter.com capability to directly correct. eCartCenter.com clients are diverse and their web sites and the function of those web sites are diverse and eCartCenter.com cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack. eCartCenter.com MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither eCartCenter.com nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of eCartCenter.com, even if eCartCenter.com has been advised to the possibility of such damages. Limitation of Liability IN NO EVENT SHALL eCartCenter.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE eCartCenter.com. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF eCartCenter.com. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF eCartCenter.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL eCartCenter.com. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO eCartCenter.com FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, eCartCenter.com. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW Indemnification You agree to indemnify, defend and hold eCartCenter.com and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto eCartCenter.com. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to eCartCenter.com. equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by eCartCenter.com. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business. CHOICE OF LAW This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California, County of Los Angeles. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue. Services Provided by eCartCenter.com eCartCenter.com will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows eCartCenter.com members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. eCartCenter.com members will use the provided services in a manner consistent with any and all applicable laws. eCartCenter.com provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. eCartCenter.com reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, eCartCenter.com can terminate client’s account without notification. eCartCenter.com.com provides timely web site hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with eCartCenter.com.com and You agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of eCartCenter.com.com and any employee or contractor of eCartCenter.com.com. eCartCenter.com will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at anytime by following the instructions at the bottom of those e-mails.
  • Client Content: Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of eCartCenter.com or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to eCartCenter.com or any third party. Customers may not run IRC, bots or clients. Clients may not use eCartCenter.com servers for file storage unrelated to the client’s web site, storage Space is for active web site file pages only. eCartCenter.com’ shared hosting account holders may not act as a reseller, which means that clients may not host any web sites in their addon domains that are not domains owned by the client on record at eCartCenter.com. Unacceptable uses alsoinclude: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites. eCartCenter.com will be the sole and final arbiter as to what constitutes a violation of this policy. eCartCenter.com does not normally monitor the contents of clients servers, however if suspicion occurs, eCartCenter.com reserves the right to investigate and terminate the clients subscription to the service.
  • Unlimited Features: What do you mean by “unlimited disk space and bandwidth/data transfer”We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence. Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business web site. If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.
  • Excessive Resource User Policy: Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o) utilization. eCartCenter.com offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that eCartCenter.com control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of 1 CPU core, and/or 1 GB Memory and/or 20 concurrent connections also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. eCartCenter.com will make every reasonable effort to notify customer prior to suspension, however, eCartCenter.com may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. eCartCenter.com will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.
  • No “Spam”: UCE/UBE or “Spam” originating from a server located on our network or associated with a eCartCenter.com server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the eCartCenter.com network but is sent from an e-mail address not associated with that eCartCenter.com account. Client shall not use their eCartCenter.com services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. eCartCenter.com reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
  • Excessive Exploits eCartCenter.com allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or eCartCenter.com.com and GreenResellerWebHosting.com reserves the right to terminate that clients’ account and provide them with a prorated refund.
  • False Information: Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact eCartCenter.com concerning unethical, false or unlawful activities by you, eCartCenter.com reserve the right to suspend or terminate your service with or without notice.
  • Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
  • Back-Up Files: eCartCenter.com provides the tools needed to create backups of account data. eCartCenter.com also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. eCartCenter.com does not provide or keep records or copies of our clients web site files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.

Payment, Renewal, Cancellations

  • Payment Obligations: Full payment is required in advance before hosting service is established. eCartCenter.com sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.You warrant and represent that the information you supply in the Order Form (or other information that eCartCenter.com may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client.s responsibility to ensure that payment is made to eCartCenter.com prior to the renewal date and although eCartCenter.com sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying eCartCenter.com, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.
  • Renewals: It is the obligation of the eCartCenter.com customer to know when their account comes up for renewal and if their intention is to non renew their account they must creat support ticket 10 business days prior to their account’s renewal date to ensure that eCartCenter.com billing department receives the cancellation request well in advance of the renewal date so that they can stop any renewal charges. eCartCenter.com clients receive email notification 15 days prior to the renewal date of their account informing them that their renewal date is approaching. It is the customer’s responsibility to ensure that eCartCenter.com has a valid email address for which we can send out renewal notices to our clients. If eCartCenter.com does not receive a cancellation request prior to the customer’s renewal we will renew the clients’ account on the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). The 30 day money back guarantee applies only to the start date of the clients’ service with eCartCenter.com and does not apply to renewals of service.
  • Late Fees: Clients have the option to pay an invoice at any time by logging into their eCartCenter.com account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to eCartCenter.com.
  • Cancellation & Refunds: Should you become dissatisfied with our services within the first 30 days of your account activation, eCartCenter.com will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $24.95/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves eCartCenter.com hosting service within the 30 day money back guarantee.In addition refunds are not available for additional services which you may purchase at eCartCenter.com for instance an additional domain name we may purchase for a client is not refundable and a dedicated IP which we may setup for a client for a charge is not refundable. Web site files are the responsibility of the eCartCenter.com customer and should a eCartCenter.com customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the web site files and any emails from the eCartCenter.com server prior to requesting that eCartCenter.com cancels their account. Once the cancellation request has been submitted to eCartCenter.com a cancelattion of the web site hosting service may occur anytime after the request is received by eCartCenter.com and when a cancellation request is completed the client’s hosting account with eCartCenter.com and their web site files are permenantly removed from the eCartCenter.com servers. Therefore again it is the client’s obligation to ensure that they have downloaded their web site files and any emails from the server prior to their cancellation request.
99.9% Service Level Agreement ” SLA” eCartCenter.com offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. eCartCenter.com will try to maintain maximum uptime. eCartCenter.com is not responsible for any downtime caused by the client. 30-Day Money Back Guarantee eCartCenter.com offers an unconditional 30-day money back guarantee that covers cancellations on shared hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees, domain name or add-on costs which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations & dedicated servers are also non-refundable. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $24.95/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves eCartCenter.com hosting service within the 30 day money back guarantee. Any questions regarding the 30-day money back guarantee should be forwarded to billing@eCartCenter.com

Registrar Registrant Agreement for Domain Names

This Domain Registrant Agreement (hereinafter referred to as the “Agreement”) between you (“you”, “your” or “Registrant”) and the Registrar of the Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward (the “Order”) that you have registered/reserved through or transferred to Registrar, sets forth the terms and conditions of Registrar’s domain name registration service and other associated services as described herein.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” and “Registrant” shall refer to such entity.

This Agreement explains our obligations to you, and your obligations to us in relation to each Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward that you have registered/reserved through or transferred to Registrar (“Order”), directly or indirectly, whether or not you have been notified about Registrar.

This Agreement will become effective when the term of your Order begins with Registrar and will remain in force until the Order remains as an active Order with Registrar. Registrar may elect to accept or reject the Order application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for a prohibited Order.

WHEREAS, Registrar is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX ‘U’;

AND WHEREAS, the Registrant is the Owner of a registration of a domain name (“the SLD”) in any of the TLDs mentioned within APPENDIX ‘U’, directly or indirectly;

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar and the Registrant, intending to be legally bound, hereby agree as follows:

1. DEFINITIONS

(1) “Business Day” refers to a working day between Mondays to Friday excluding all Public Holidays.

(2) “Communications” refers to date, time, content, including content in any link, of all oral / transmitted / written communications / correspondence between Registrar, and the Registrant, and any Artificial Juridical Person, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity acting on their behalf.

(3) “Customer” refers to the customer of the Order as recorded in the OrderBox Database.

(4) “OrderBox” refers to the set of Servers, Software, Interfaces, Registrar Products and API that is provided for use directly or indirectly under this Agreement by Registrar and/or its Service Providers.

(5) “OrderBox Database” is the collection of data elements stored on the OrderBox Servers.

(6) “OrderBox Servers” refer to Machines / Servers that Registrar or its Service Providers maintain to fulfill services and operations of the OrderBox.

(7) “OrderBox User” refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the “OrderBox” by the Customer, directly or indirectly.

(8) “Registrar” refers to the Registrar of record as shown in a Whois Lookup for the corresponding Order at the corresponding Registry Operator.

(9) “Registrar Products” refer to all Products and Services of Registrar which it has provided/rendered/sold, or is providing/rendering/selling.

(10) “Registrar Servers” refer to web servers, Mailing List Servers, Database Servers, OrderBox Servers, Whois Servers and any other Machines / Servers that Registrar or its Service Providers Operate, for the OrderBox, the Registrar Website, the Registrar Mailing Lists, Registrar Products and any other operations required to fulfill services and operations of Registrar.

(11) “Registrar Website” refers to the website of the Registrar.

(12) “Registry Operator” refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that is involved in the management of any portion of the registry of the TLD, including but not limited to policy formation, technical management, business relationships, directly or indirectly as an appointed contractor.

(13) “Resellers” – The Registrant may purchase the Order through a reseller, who in turn may purchase the same through a reseller and so on (collectively known as the “Resellers”).

(14) “Service Providers” refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that the Customer and/or Registrar and/or Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfillment / provision / purchase of Registrar Products, OrderBox, and any other services and operations of Registrar.

(15) “Whois” refers to the public service provided by Registrar and Registry Operator whereby anyone may obtain certain information associated with the Order through a “Whois Lookup”.

(16) “Whois Record” refers to the collection of all data elements of the Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry.

2. OBLIGATIONS OF THE REGISTRANT

(1) The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the Order in the OrderBox Database during the term of the Order. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant’s failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Order in the OrderBox database concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order.

(2) The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Order in the OrderBox Database, the data element in the OrderBox Database records shall prevail.

(3) The Registrant acknowledges that the authentication information for complete control and management of the Order will be accessible to the Registry Operator, Service Providers, Resellers and the Customer. Any modification to the Order by the Resellers, Customer or Service Providers will be treated as if it is authorized by the Registrant directly. Registrar is not responsible for any modification to the Order by the Customer, Resellers, Registry Operator, or Service Providers.

(4) The Registrant acknowledges that all communication about the Order will be only done with the Customer or the Resellers of the Order. Registrar is not required to, and may not directly communicate with the Registrant during the entire term of the Order.

(5) The Registrant shall comply with all terms or conditions established by Registrar, Registry Operator and/or Service Providers from time to time.

(6) The Registrant must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN (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 Lookup for the Order.

(3) Registrar in its own discretion can at any point of time with reasonable notification temporarily or permanently cease to sell any Registrar Products.

(4) Registrar and the Registry Operator, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Registrar may refund the fees charged for the Order, after deducting any processing charges for the same.

(5) 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 ownership of 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 ownership of the Order should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or for any appropriate reason. Registrar or Registry Operator, also reserve the right to freeze the Order during resolution of a dispute. The Registrant agrees that Registrar, Registry Operator and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator and Service Providers, are not liable for loss or damages that may result from any of the above.

(6) Registrar and Service Providers can choose to redirect an Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Order has expired, or is suspended, or does not contain valid Name Servers to direct it to any destination. Registrant acknowledges that Registrar and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.

(7) Registrar and Registry Operator has the right to rectify any mistakes in the data in the OrderBox Database with retrospective effect.

5. DISPUTE PROCESS

The Registrant agrees that, if the use of the Order is challenged by a third party, the Registrant will be subject to the provisions of the appropriate Dispute policy for that Order as mentioned in the appropriate Appendix in effect at the time of the dispute. The Registrant agrees that in the event a dispute arises with any third party, the Registrant will indemnify and hold Registrar, Registry Operator and Service Providers harmless in all circumstances, and that Registrar, Registry Operator and Service Providers will have no liability of any kind for any loss or liability resulting from any such dispute, including the decision and final outcome of such dispute. If a complaint has been filed with a judicial or administrative body regarding the Registrant’s use of the Order, the Registrant agrees not to make any changes to the Order without Registrar’s prior approval. Registrar may not allow the Registrant to make changes to such Order until:

(1) Registrar is directed to do so by the judicial or administrative body; or

(2) Registrar receives notification, in a manner prescribed by Registrar from time to time, by the Registrant and the other party contesting the Registrant registration or use of the Order, that the dispute has been settled.

6. TERM OF AGREEMENT / RENEWALS

(1) The term of this Agreement shall continue until the registrant of the Order in the OrderBox database continues to be the Registrant and the Order continues to exist and the Order Registration term continues to exist.

(2) Registrant acknowledges that it is the Registrant’s responsibility to keep records and maintain reminders regarding the expiry of any Order. As a convenience to the Registrant, and not as a binding commitment, we may notify the Customer, via an email message sent to the contact information associated with the Customer in the OrderBox database, about the expiry of the Order. Should renewal fees go unpaid for an Order, the Order will expire.

(3) Registrant acknowledges that after expiration of the term of an Order, Registrant has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to the Registrar. Registrar and Service Providers may make any modifications to said Order or any information associated with said Order. Registrar and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Registrar and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Registrar and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Registrar and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Registrar and Service Providers may choose to transfer the ownership of the Order to any third party in their sole discretion. Registrant acknowledges that Registrar and Service Providers shall not be liable to Registrant or any third party for any action performed under this clause.

(4) Registrar at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately at the price then prevailing for such a process as determined by the Registrar in its sole discretion. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.

(5) Registrar makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase.

(6) This Agreement shall terminate immediately in the event:

(1) Registrar’s contract with the Service Providers for the fulfillment of such Order is terminated or expires without renewal;

(2) Registrar’s contract with the Registry Operator is terminated or expires without renewal;

(3) Registry Operator ceases to be the Registry Operator for the particular TLD;

(4) of Registrant-Registrant Transfer as per Section 8;

(5) of Registrar-Registrar Transfer as per Section 9.

(7) Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify the Order and suspend OrderBox Users’ access to the OrderBox with immediate effect, upon the sole discretion of Registrar.

(8) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, unless specified otherwise. The Registrant however shall be liable for any damage arising from any breach by it of this Agreement.

7. FEES / RENEWAL

Payment of fees shall be governed as per the Payment Terms and Conditions set out in Appendix ‘B.’

8. REGISTRANT – REGISTRANT TRANSFER

(1) Registrar may transfer the Order of the Registrant to another registrant under the following circumstances:

(1) authorization from the Registrant and/or their Agent or Authorized Representative in a manner prescribed by Registrar from time to time;

(2) authorization from the Customer and/or the Reseller in a manner prescribed by Registrar;

(3) on receiving orders from a competent Court or Law Enforcement Agency;

(4) for fulfillment of a decision in a domain dispute resolution;

(5) breach of Contract;

(6) termination of this Agreement;

(7) Registrar learns of any such event, which Registrar reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof.

(2) Registrant acknowledges that Registrar cannot verify the authenticity of any information, authorization or instructions received in Section (8)(1). Upon receiving such authorization that Registrar in its absolute unfettered and sole discretion deems to be genuine, Registrar may transfer the Order. Registrar cannot be held liable for any such transfer under any circumstance including but not limited to fraudulent or forged authorization received by Registrar.

(3) In the above circumstances the Registrant shall extend full cooperation to Registrar in transferring the Order of the Registrant to another registrant including without limitation, handing over all data required to be stored by the Registrant as per Section 3(5), and complying with all requirements to facilitate a smooth transfer.

(4) The Registrant’s Order may not be transferred until Registrar receives such written assurances or other reasonable assurance that the new registrant has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by Registrar in its sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determined by Registrar in its sole discretion) to the terms and conditions in this Agreement, any such transfer maybe considered by Registrar as null and void in its sole discretion.

9. REGISTRAR-REGISTRAR TRANSFER

(1) The Registrant acknowledge and agree that during the first 60 days after initial registration of the Order, or after expiration of the Order the Registrant may not be able to transfer the Order to another registrar.

(2) Registrar may request the Registrant or any other contact associated with the Order for authorization upon receiving a request to transfer the Order to another registrar. The Registrant agrees to provide such authorization to Registrar. Registrar, in its sole discretion will determine, if such authorization is adequate to allow the transfer.

(3) Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact, if Registrar in its sole discretion determines that the transfer request it has received is a valid transfer request.

(4) Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact pursuant to the then applicable process and rules of transfer of domain names as laid out by the Registry Operator. Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time.

(5) Registrar may deny or prevent a transfer of an Order to another registrar in situations described in this Agreement including, but not limited to:

(1) a dispute over the identity of the domain name holder;

(2) bankruptcy; and default in the payment of any fees;

(3) any pending dues from the Customer or Resellers’ or Registrant for any services rendered, whether under this agreement;

(4) any pending Domain Dispute Resolution process with respect to the Order;

(5) if the Order has been locked or suspended by the Customer or Resellers;

(6) any situation where denying the transfer is permitted under the then applicable process and rules of transfer of domain names as laid out by the Registry Operator, Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time;

(7) any other circumstance described in this Agreement;

(8) for any other appropriate reason;

(6) Registrar may at its sole discretion lock or suspend the Order to prevent a Domain Transfer.

(7) Registrar cannot be held liable for any domain name transferred away to another registrar, or for any denial of a transfer, in accordance with this Section 9 (Registrar-Registrar Transfer).

10. LIMITATION OF LIABILITY

IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:

(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;

(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION 21 OF THIS AGREEMENT;

(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;

(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;

(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;

(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.

If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Registrar by the Registrant, then in no event will the liability of Registrar exceed actual amount received by Registrar for the Order minus direct expenses incurred with respect to the Order.

REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.

11. INDEMNIFICATION

(1) The Registrant, at its own expense, will indemnify, defend and hold harmless, Registrar, Service Provider, Registry Operator, Resellers and the contactors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator, Service Providers, and Resellers against any claim, suit, action, or other proceeding brought against them based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Registrar Products provided hereunder, or any use of the Registrar Products, including without limitation:

(1) infringement by the Registrant, or someone else using a Registrar Product with the Registrant’s computer, of any intellectual property or other proprietary right of any person or entity;

(2) arising out of any breach by the Registrant of this Agreement;

(3) arising out of, or related to, the Order or use of the Order;

(4) relating to any action of Registrar as permitted by this Agreement;

(5) relating to any action of Registrar carried out on behalf of Registrant as described in this Agreement.

However, that in any such case Registrar may serve either of the Registrant with notice of any such claim and upon their written request, Registrar will provide to them all available information and assistance reasonably necessary for them to defend such claim, provided that they reimburse Registrar for its actual costs.

(2) Registrar will not enter into any settlement or compromise of any such indemnifiable claim without Registrant’s prior written consent, which shall not be unreasonably withheld.

(3) The Registrant will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys’ fees and costs awarded against or otherwise incurred by Registrar in connection with or arising from any such indemnifiable claim, suit, action or proceeding.

12. INTELLECTUAL PROPERTY

Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.

Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Registrar to the Registrant, or by any disclosure of any Confidential Information to the Registrant under this Agreement.

Registrant shall further ensure that the Registrant does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Registrant acknowledges that Registrar cannot and does not check to see whether any service or the use of the services by the Registrant under this Agreement, infringes legal rights of others.

13. OWNERSHIP AND USE OF DATA

(1) You agree and acknowledge that Registrar owns all data, compilation, collective and similar rights, title and interests worldwide in the OrderBox Database, and all information and derivative works generated from the OrderBox Database.

(2) Registrar, Service Providers and the Registry Operator and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Registrar, or Registry Operator or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.

14. DELAYS OR OMISSIONS; WAIVERS

No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.

No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing.

15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT

(1) During the period of this Agreement, the Registrant agrees that Registrar may:

(1) revise the terms and conditions of this Agreement; and

(2) change the services provided under this Agreement

(2) Registrar, or the Registry Operator or any corresponding/designated policy formulating body may revise ANY of the Dispute policies, and 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 relationship between the parties.

(8) Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, this Agreement.

(9) Construction: The Parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be applied in the construction or interpretation of this Agreement.

(10) Entire Agreement; Severability: This Agreement, including all Appendices constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.

(11) The division of this Agreement into Sections, Subsections, Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.

(12) This agreement may be executed in counterparts.

(13) Language. All notices, designations, and specifications made under this Agreement shall be made in the English Language only.

(14) Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in Mumbai, India (IST) i.e. GMT+5:30

24. BREACH

In the event that Registrar suspects breach of any of the terms and conditions of this Agreement:

(1) Registrar can immediately, without any notification and without assigning any reasons, suspend / terminate the Registrants access to the OrderBox Server.

(2) The Registrant will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.

(3) Registrar can immediately, without any notification and without assigning any reasons, delete / suspend / terminate / freeze the Order.

25. NOTICE

(1) Any notice or other communication required or permitted to be delivered to Registrar under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered when delivered to contact address specified on the Registrar Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:30 (Indian Standard Time) and otherwise on the next Business Day.

(2) Any notice or other communication required or permitted to be delivered to the Registrant under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, given and received when delivered to contact address of the Registrant in the OrderBox Database.

(3) Any notice or other communication to be delivered to any party via email under this agreement shall be deemed to have been properly delivered if sent in case of Registrar to its Legal Contact mentioned on the Registrar Website and in case of the Registrant to their respective email address in the OrderBox Database.

APPENDIX ‘A’
TERMS AND CONDITIONS OF ORDERBOX USAGE

This Appendix A covers the terms of access to the OrderBox. Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement.

1. ACCESS TO OrderBox

(1) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend OrderBox Users’ access to the OrderBox in the event of significant degradation of the OrderBox, or at any time Registrar may deem necessary.

(2) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the OrderBox from time to time.

(3) Access to the OrderBox is controlled by authentication information provided by Registrar. Registrar is not responsible for any action in the OrderBox that takes place using this authentication information whether authorized or not.

(4) Registrar is not responsible for any action in the OrderBox by a OrderBox User.

(5) OrderBox User will not attempt to hack, crack, gain unauthorized access, misuse or engage in any practice that may hamper operations of the OrderBox including, without Limitation temporary / permanent slow down of the OrderBox, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the OrderBox and architecture needed to continue operation thereof.

(6) OrderBox User will not send or cause the sending of repeated unreasonable network requests to the OrderBox or establish repeated unreasonable connections to the OrderBox. Registrar will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections.

(7) OrderBox User will take reasonable measures and precautions to ensure secrecy of authentication information.

(8) OrderBox User will take reasonable precautions to protect OrderBox Data from misuse, unauthorized access or disclosure, alteration, or destruction.

(9) Registrar shall not be responsible for damage caused due to the compromise of your Authentication information in any manner OR any authorized/unauthorized use of the Authentication Information.

(10) Registrar shall not be liable for any damages due to downtime or interruption of OrderBox for any duration and any cause whatsoever.

(11) Registrar shall have the right to temporarily or permanently suspend access of a OrderBox User to the OrderBox if Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the OrderBox, or learns of any possible misuse that has occurred, or will occur with respect to a OrderBox User.

(12) Registrar and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, OrderBox

2. Terms of USAGE OF ORDERBOX

(1) Registrant, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the OrderBox, directly or indirectly, in violation of any federal, state or local rule, regulation or law, or for any unlawful purpose, or to promote adult-oriented or “offensive” material, or related to any unsolicited bulk e-mail directly or indirectly (such as by referencing an OrderBox provided service within a spam email or as a reply back address), or related to ANY unsolicited marketing efforts offline or online, directly or indirectly, or in a manner injurious to Registrar, Registry Operator, Service Providers or their Resellers, Customers, or their reputation, including but not limited to the following:

(1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.);

(2) posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic);

(3) sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider;

(4) offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses (“spamware”);

(5) advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software;

(6) harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Registrar;

(7) impersonating another user or entity or an existing company/user/service or otherwise falsifying one’s identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere;

(8) using OrderBox services to point to or otherwise direct traffic to, directly or indirectly, any material that, in the sole opinion of Registrar, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Registrar, to be threatening or obscene or inappropriate;

(9) using OrderBox directly or indirectly for any of the below activities activities:

(1) transmitting Unsolicited Commercial e-mail (UCE);

(2) transmitting bulk e-mail;

(3) being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist;

(4) posting bulk Usenet/newsgroup articles;

(5) Denial of Service attacks of any kind;

(6) excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Registrar in its sole discretion;

(7) copyright or trademark infringement;

(8) unlawful or illegal activities of any kind;

(9) promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse);

(10) causing 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 ownership of or transfer any or all of the Orders placed of the Registrant as well as stop / suspend / delete / transfer any Orders currently being processed.

(4) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all Orders placed by the Registrant to another Customer, or under Registrar’s account.

(5) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same.

(6) Registrar shall have the right to initiate any legal proceedings against the Registrant to recover any such liabilities.

APPENDIX ‘C’
.COM/.NET/.ORG SPECIFIC CONDITIONS

If the Order is a .COM/.NET/.ORG domain name, the Registrant, must also agree to the following terms:

1. PROVISION OF REGISTRATION DATA

As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:

(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;

(2) the primary nameserver and secondary nameserver(s), if any for the domain name;

(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;

(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;

(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and

2. DOMAIN NAME DISPUTE POLICY

You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.

APPENDIX ‘D’
.BIZ SPECIFIC CONDITIONS

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

1. CONDITIONS FOR .BIZ REGISTRATIONS

(1) Registrations in the .BIZ TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .BIZ Registration Restrictions (“Restrictions”), “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

(1) to exchange goods, services, or property of any kind;

(2) in the ordinary course of trade or business; or

(3) to facilitate:

(1) the exchange of goods, services, information, or property of any kind; or

(2) the ordinary course of trade or business.

(2) Registering a domain name solely for the purposes of

(1) selling, trading or leasing the domain name for compensation, or

(2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a “bona fide business or commercial use” of that domain name.

2. CERTIFICATION FOR .BIZ REGISTRATIONS

(1) As a .BIZ domain name Registrant, you hereby certify to the best of your knowledge that the registered domain name will be used primarily for bona fide business or commercial purposes and not exclusively for personal use or solely for the purposes of selling, trading or leasing the domain name for compensation, or the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .BIZ restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html.

(2) The domain name Registrant has the authority to enter into the registration agreement.

(3) The registered domain name is reasonably related to the Registrant’s business or intended commercial purpose at the time of registration.

3. PROVISION OF REGISTRATION DATA

As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:

(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;

(2) the primary nameserver and secondary nameserver(s), if any for the domain name;

(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;

(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;

(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and

4. DOMAIN NAME DISPUTE POLICY

You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference.

The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.

The Start-up Trademark Opposition Policy (“STOP”), available at http://www.neulevel.com/countdown/stop.html

The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.

The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name with any third party (other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder (“Claimant”) that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.

The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

APPENDIX ‘E’
.INFO DOMAIN NAME SPECIFIC CONDITIONS

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

(1) Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Name Dispute Policy (UDRP) as laid out at http://www.icann.org/udrp/udrp.htm and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are available at http://www.afilias.info. These policies are subject to modification.

(2) Registrant acknowledges that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation:

(1) the ability or inability of a registrant to obtain a Registered Name during these periods, and

(2) the results of any dispute over a Sunrise Registration.

APPENDIX ‘F’
.NAME SPECIFIC CONDITIONS

If the Order is a .NAME domain name, or a .NAME Email Forward, the Registrant, must also agree to the following terms:

1. .NAME REGISTRATION RESTRICTIONS

Domain Name and Email Forward Registrations in the .NAME TLD must constitute an individual’s “Personal Name”. For purposes of the .NAME restrictions (the “Restrictions”), a “Personal Name” is a person’s legal name, or a name by which the person is commonly known. A “name by which a person is commonly known” includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

2. .NAME CERTIFICATIONS

As a .NAME domain name or Email Forward Registrant, you hereby certify to the best of your knowledge that the SLD is your Personal Name.

3. PROVISION OF REGISTRATION DATA

As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes the information contained in the Whois directory, including:

(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;

(2) the primary nameserver and secondary nameserver(s), if any for the domain name;

(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;

(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;

(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and

You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.

4. DISPUTE POLICY

You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference:

(1) the Eligibility Requirements (the “Eligibility Requirements”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;

(2) the Eligibility Requirements Dispute Resolution Policy (the “ERDRP”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm; and

(3) the Uniform Domain Name Dispute Resolution Policy (the “UDRP”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm

The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the landrush procedures in connection with the opening of the Registry TLD. The following categories of Personal Name Registrations may be registered:

(1) the Personal Name of an individual;

(2) the Personal Name of a fictional character, if you have trademark or service mark rights in that character’s Personal Name;

(3) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names.

The ERDRP applies to challenges to:

(1) registered domain names and SLD email address registrations within .NAME on the grounds that a Registrant does not meet the Eligibility Requirements, and

(2) to Defensive Registrations within .NAME.

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than Global Name Registry (“Registry Operator”) or Registrar over the registration and use of an Internet domain name registered by a Registrant.

5. .NAME EMAIL FORWARD ADDITIONAL CONDITIONS

If the Order is a .NAME email forward, the Registrant, must also agree to the following additional terms and conditions:

(1) You acknowledge that you are responsible for all use of Email Forwarding, including the content of messages sent through Email Forwarding.

(2) You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage.

(3) Without prejudice to the foregoing, you undertake not to use Email Forwarding:

(1) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;

(2) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;

(3) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or

(4) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list

(4) Users are not permitted to provide false names or in any other way to pose as somebody else when using Email Forwarding.

(5) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator’s Email Forwarding.

(6) On discontinuing Email Forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.

APPENDIX ‘G’
.NAME DEFENSIVE REGISTRATIONS SPECIFIC CONDITIONS

If the Order is a .NAME Defensive Registration, the Registrant, must also agree to the following terms:

1. DEFENSIVE REGISTRATIONS

Defensive Registrations allow owners of nationally registered marks to exclusively pre-register on the .NAME space and create a protective barrier for their trademarks. A “Defensive Registration” is a registration granted to a third party of a specific string on the second or third level, or of a specific set of strings on the second and third levels, which will not resolve within the domain name system but may prevent the registration of the same string(s) on the same level(s) by other third party applicants.

2. PHASES OF DEFENSIVE REGISTRATIONS

(1) As a Defensive Registration Registrant (“Defensive Registrant”), you hereby certify to the best of your knowledge that for Phase I Defensive Registrations (“Phase I Defensive Registrants”), you own valid and enforceable trademark or service mark registrations having national effect that issued prior to April 4, 2013 for strings that are identical to the textual or word elements, using ASCII characters only, subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD. You understand that trademark or service mark registrations from the supplemental or equivalent Registry of any country, or from individual states or provinces of a nation, will not be accepted. Subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD, if a trademark or service mark registration incorporates design elements, the ASCII character portion of that mark may qualify to be a Phase I Defensive Registration.

(2) Phase II Defensive Registrants may apply for a Defensive Registration for any string or combination of strings.

(3) Defensive Registrants, whether Phase I or Phase II shall comply with the following Eligibility Requirements, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm, the summary of which is as follows:

(1) There are two levels of Defensive Registrations, each of which is subject to payment of a separate fee;

(2) Multiple persons or entities may obtain identical or overlapping Defensive Registrations upon payment by each of a separate registration fee;

(3) The Defensive Registrant must provide the information requested in Section 3(i) below;

(4) A Defensive Registration will not be granted if it conflicts with a then-existing Personal Name Registration or other reserved word or string.

3. PROVISION OF REGISTRATION DATA

As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. You must provide contact information, including name, email address, postal address and telephone number, for use in disputes relating to the Defensive Registration. You understand and agree that this contact information will be provided as part of the Whois record for the Defensive Registration. You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.

In addition to the information provided in subsection 1. above, Phase I Defensive Registrants must also provide:

(1) the name, in ASCII characters, of the trademark or service mark being registered;

(2) the date the registration issued;

(3) the country of registration; and

(4) the registration number or other comparable identifier used by the registration authority.

4. DISPUTE POLICY

If you registered a Defensive Registration, you agree that:

(1) the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy (“ERDRP”);

(2) if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and

(3) if a challenge is successful, then the Defensive Registration will be subject to the procedures described in Section 2(h) of Appendix L to the agreement of Global Name Registry (“Registry Operator”) with the Internet Corporation for Assigned Names and Numbers (“ICANN”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;

(4) if a Phase I Defensive Registration is successfully challenged on the basis that it did not meet the applicable Eligibility Requirements, the Defensive Registrant will thereafter be required to demonstrate, at its expense, that it meets the Eligibility Requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .NAME through any Registrar. In the event that the Defensive Registrant is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s) will be cancelled;

(5) The ERDRP applies to, among other things, challenges to Defensive Registrations within .NAME and is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.

5. CONSENT

Defensive Registrants may be asked to give their consent to allow individuals to share a part of their space. For example, if you have filed a Defensive Registration on PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give consent to John Pqr to register JOHN.PQR.name if he can prove that PQR is his name. In such a circumstance, you will have five (5) days to respond to a request for consent.

APPENDIX ‘H’
.US DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .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 keep it current, complete and accurate. This information includes:

(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;

(2) the primary nameserver and secondary nameserver(s), if any for the domain name;

(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;

(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;

(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and

(6) any other data NeuStar, as the Registry, requires be submitted to it, including specifically information regarding the primary purpose for which a domain name is registered (e.g., business, education, etc.).

3. GOVERNMENT USE OF DATA

You understand and agree that the U.S. Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. “Data” means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.

4. DOMAIN DISPUTE POLICY

You agree to submit to proceedings under Domain Dispute policies set forth by Neustar. These policies are available at http://www.neustar.us and are hereby incorporated and made an integral part of this Agreement.

5. SUSPENSION, CANCELLATION OR TRANSFER

Your registration of the domain name shall be subject to suspension, cancellation, or transfer:

(1) pursuant to any usTLD Administrator adopted specification or policy, or pursuant to any registrar or usTLD Administrator procedure not inconsistent with a usTLD Administrator adopted specification or policy; or

(2) to correct mistakes by Registrar or the usTLD Administrator in registering the name; or

(3) for the resolution of disputes concerning the domain name.

APPENDIX ‘I’
.IN DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .IN domain name, 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 keep it 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.

5. SUSPENSION, CANCELLATION OR TRANSFER

Your registration of the domain name shall be subject to suspension, cancellation, or transfer:

(1) pursuant to the rules set forth by the EU Registry within the EU Regulation 874/2004 or any other policy listed at http://www.eurid.eu/; or

(2) to correct mistakes by Registrar or the EU Registry in registering the name; or

(3) for the resolution of disputes concerning the domain name.

APPENDIX ‘K’
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS

1. DESCRIPTION OF SERVICES

The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.

2. IMPLEMENTATION DETAILS

(1) Registrant acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Registrar, and

(1) any mail received via post at this Address would be rejected;

(2) any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;

(3) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address in the OrderBox Database.

(2) Registrant agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, or Customer of a privacy protected Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Registrar and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.

(3) Registrant understands that the Privacy Protection Service is only available for certain TLDs.

(4) Irrespective of whether Privacy Protection is enabled or not, Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement.

(5) Registrant understands and acknowledges that Registrar in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:

(1) if Registrar receives any abuse complaint for the privacy protected domain name, or

(2) pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or

(3) for the resolution of disputes concerning the domain name, 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 (DotCoop Limited Liability Company), available at http://www.nic.coop/media/3345/111102_-_registration_agreement.pdf; and

(2) the Verification & Eligibility Policy available at http://www.nic.coop/media/1571/Verificationpolicy.pdf; and

(3) the Charter Eligibility Dispute Resolution Policy (“CEDRP”) and DotCoop Domain Name Dispute Resolution Policy (“DCDRP”) found at http://www.nic.coop/dispute.asp; and

(4) the Transfer Policy found at http://www.nic.coop/media/1509/DotCoop%20Policy%20on%20Transfer%20of%20Registrations%20between%20Registrars.pdf

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/media/5687/privacy_policy_-_120328.pdf and 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/media/3042/.coop_dispute_policy.pdf as it may be modified at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold your .COOP Registrar and the .COOP Sponsor harmless pursuant to the terms and conditions set forth in the .COOP Domain Name Specific Conditions. If the .COOP Registrar or Sponsor are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without prior approval. Registrar may not allow you to make changes to such domain name record until (i) Registrar is directed to do so by the judicial or administrative body, or (ii) Registrar receives notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled.

APPENDIX ‘P’
CentralNIC DOMAIN NAME SPECIFIC CONDITIONS

If the Order is either a EU.COM, GB.COM, QC.COM, KR.COM, US.COM, AE.ORG, GR.COM, BR.COM, DE.COM, GB.NET, HU.COM, JPN.COM, NO.COM, RU.COM, SA.COM, SE.COM, SE.NET, UK.COM, UK.NET, UY.COM, ZA.COM or COM.DE 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 ownership of 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:

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 PDR Ltd. d/b/a PublicDomainRegistry.com)
.ORG (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.BIZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.INFO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.NAME and .NAME Defensive Registrations and .NAME Mail Forwards (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.US (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.IN (through Registrar Webiq Domains Solutions Pvt Ltd)
.EU (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.UK (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.TRAVEL (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)
.WS (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.COOP (through Registrar The Midcounties Co-operative Ltd)
CentralNIC (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.MOBI (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.ASIA (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.ME (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.TEL (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.MN, .BZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.CC, .TV (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.CN (through Registrar Directi Web Services Pvt. Ltd)
.NZ (through Registrar PDR 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.)
.RU (through Registrar RU-Center)
.XXX (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.PRO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.SX (through Registrar PDR Ltd.)
.PW (through Registrar <#=dotpw_serviceprovidername#>)

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.

3. DOMAIN NAME APPLICATION AND VERIFICATION

The Domain Applicant agrees to submit and maintain relevant information certification, materials and documents to the Registrar for validating the contact information associated with the domain name. Failure to do so may result in rejection of First Application or Renewal of the domain name.

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 applies:

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:

1. REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CO domain name, involves you contracting with the .CO Internet S.A.S which is the .CO Administrator, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.cointernet.co/.

2. LAW AND JURISDICTION

To the extent legally permitted, you agree that:

(1) all services of the .CO Registry are provided under laws of Colombia.

(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 .CO TLD between Registrant and the .CO Registry 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 Bogota, Colombia.

3. DOMAIN DISPUTE POLICY

If the Order is a .CO domain name, the 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 Agreement.

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.

Where there is a conflict, contradiction or inconsistency between the provisions of this Appendix (.CA DOMAIN NAME SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT AGREEMENT, the provisions of this Appendix shall prevail in respect of all .CA domain name registrations only.

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, keep indemnified 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 24×7 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

6. DOMAIN CANCELLATION POLICY

If the domain name must be cancelled for any reason after the Registrar allotted Add Grace period, the domain name registrant can do so by submitting a written application for cancellation of the domain to the Registrar.

To cancel the domain licence:

(1) Organisations or companies listed as the domain registrant must submit their written request along with the legal letterhead of that organisation.

(2) Individuals or sole traders must submit their written request along with a copy of photo identification.

All requests must be dated, signed and may be submitted by the Registrant via email or any other medium provisioned by the Registrar.

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.

APPENDIX ‘AD’
.XXX DOMAIN NAME SPECIFIC CONDITIONS

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

2. DOMAIN DISPUTE POLICY

You agree to be bound by the current ICANN’s Uniform Domain Name Dispute Resolution Policy available at http://www.icann.org/udrp/udrp.htm, and ICM’s Charter Eligibility Dispute Resolution Policy (CEDRP) and ICM’s Rapid Evaluation Service (RES) available at the Registry’s website, that is incorporated herein and made a part of this Agreement by reference.

APPENDIX ‘AE’
.RU DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .RU 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 .RU domain name, involves you contracting with Registrar RU-Center, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at https://www.nic.ru/.

2. LAW AND JURISDICTION

To the extent legally permitted, you agree that all services of Registrar RU-Center are provided under laws of the Russian Federation.

APPENDIX ‘AF’
.PRO DOMAIN NAME SPECIFIC CONDITIONS

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

You are aware that registering a .PRO domain name, involves you contracting with RegistryPro, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://registry.pro/legal/user-terms

1. INDEMNITY

You agree to hold harmless and indemnify RegistryPro and Registrar, and each of their subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Registrar will provide you with written notice of such claim, suit or action.

2. INCORPORATION OF .PRO RESTRICTIONS AND CHALLENGE PROCESSES

You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement.

(A) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/dndr/udrp/ policy.htm
(B) The Qualification Challenge Policy and Rules, available at http://www.icann.org/dndr/proqcp/policy.htm and http://www.icann.org/dndr/proqcp/uniform-rules.htm;
(C) The .pro TLD restriction requirements, available at http://www.registrypro.pro/qualifications.htm

You represent and warrant that, at all times during the term of domain name registration, you will meet the .pro registration requirements set forth by RegistryPro. You are required to provide prompt notice to the Registrar if you fail to meet such registration requirements. Registrar and/or Registry Operator shall have the right to immediately and without notice to you, suspend, cancel or modify a yourregistration if, at any time you fail to meet the registration requirements.

APPENDIX ‘AG’
.SX DOMAIN NAME SPECIFIC CONDITIONS

1. REGISTRANT REPRESENTATIONS AND WARRANTIES

1.1 You represent and certify that, to the best of your knowledge and belief you are aware that registering a .SX domain name, involves you contracting with the SX Registry SA which is the .SX Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.registry.sx/registrars/legal

1.2 Domain Name Holders expressly acknowledge and accept that the Registry shall be entitled (but not obliged) to reject an Application or to delete or transfer a Domain Name Registration:
that does not contain complete and accurate information as described in these Policies, or is not in compliance with any other provision of these Policies; or
to protect the integrity and stability of the Shared Registry System, and/or the operation and/or management of the .SX TLD; or
in order to comply with applicable laws and regulations, and/or any decision by a competent court or administrative authority and/or any dispute resolution service provider the Registry may hereafter retain to oversee the arbitration and mediation of disputes; and/or any other applicable laws, regulations, policies or decrees; or
– to avoid any liability on behalf of the Registry, including their respective affiliates, directors, officers, employees, subcontractors and/or agents; or
– following the outcome of a Sunrise Reconsideration Proceeding.

2. INDEMNIFICATION AND LIMITATION OF LIABILITY

2.1. To the extent allowed under governing law, the Registry shall only be liable in cases where willful misconduct or gross negligence is proven. In no event shall the Registry be held liable for any indirect, consequential or incidental damages or loss of profits, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to the submission of an Application, the registration or use of a Domain Name or to the use of the Shared Registry System or Registry Web Site, even if they have been advised of the possibility of such loss or damages, including but not limited to decisions taken by the Registry to register or not to register a Domain Name on the basis of the findings of or information provided by the IP Clearinghouse Operator, as well as the consequences of those decisions.

2.2. To the extent allowed under applicable law, the Registrys aggregate liability for damages shall in any case be limited to the amounts paid by the Accredited Registrar to the Registry in relation to the Application concerned (excluding additional fees paid by the Applicant to the Accredited Registrar or reseller, auction fees and/or reconsideration fees). The Applicant agrees that no greater or other damages may be claimed from the Registry (such as, but not limited to, any fees payable or paid by the Applicant in the context of any proceedings initiated against a decision by the Registry to register or not to register a Domain Name). The Applicant further agrees to submit to a binding arbitration for
disputes arising from these Policies and related to the allocation of Domain Names.

2.3. Applicants and Domain Name Holders shall hold the Registry harmless from claims filed or disputes initiated by third parties, and shall compensate the Registry for any costs or expenses incurred or damages for which they may be held liable as a result of third parties taking action against it on the grounds that the Applications for or the registration or use of the Domain Name by the Applicant infringes the rights of a third party. Applicant agrees to indemnify, keep indemnified and hold the Registry harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Applicant’s registration or use of its .sx domain name.

2.4. For the purposes of this Article, the term Registry shall also refer to its shareholders, directors, employees, members, subcontractors, the IP Clearinghouse Operator and their respective directors, agents, employees and subcontractors.

2.5. The Registry, its directors, employees, contractors and agents (including the IP Clearinghouse Operator and the Auction Provider) are not a party to the agreement between an Accredited Registrar and its Applicants, its Domain Name Holders or any party acting in the name and/or on behalf of such Applicants or Domain Name Holders.

3. DOMAIN DISPUTE POLICY

You agree to be bound by the Uniform Domain Dispute Resolution Policy (UDRP), available at http://www.registry.sx/registrars/legal.html that is incorporated herein and made a part of this Agreement by reference.

APPENDIX ‘AH’
.PW DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .PW 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 .PW domain name, involves you contracting with the .PW Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.registry.pw/.
Furthermore, you represent and certify that, to the best of your knowledge and belief you are aware of the Domain Abuse Policy for .PW Registrants available on the website http://www.registry.pw/

2. DOMAIN DISPUTE POLICY

You agree to be bound by the dispute policies as decided by the .PW Registry and published at http://www.registry.pw that are incorporated herein and made a part of this Agreement by reference.

Customer Agreement for Domain Names

eCartCenter.com (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)

HAVE

entered into a Customer Master Agreement (“Agreement”) effective from April 4, 2013 of which this “Domain Registration Product Agreement Extension” is a part.

WHEREAS, Parent is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX ‘B’;

WHEREAS, the Customer wishes to purchase Registration and/or Management and/or Renewal and/or Transfer for the list of TLDs mentioned within APPENDIX ‘B’ through Parent;

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
1. DEFINITIONS

(1) “TLD” refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC, .MOBI, .ASIA, .ME, .TEL, .MN, .BZ, .CC, .TV, .CN, .NZ, .CO, .CA, .DE, .ES, .AU, .XXX , .RU, .PRO, .SX AND .PW

(2) “gTLD” refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .TRAVEL, .COOP, .MOBI, .ASIA, .TEL, .XXX AND .PRO

(3) “Domain Order” refers to an Order fulfilled by the Customer through the Parent under this Domain Registration Product Agreement Extension.

(4) “Registrant” refers to the registrant/owner of a Domain Order as in the OrderBox Database.

(5) “Registrar” refers to the Registrar of a Domain Order as in the OrderBox Database and/or shown in the Whois Record.

(6) Registry Operator refers to the Organisation/Entity that maintains the registry of a TLD of a Domain Order.

(7) “Whois Record” refers to the collection of all data elements of the Domain Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry.
2. OBLIGATIONS OF THE CUSTOMER

(1) The Customer must ensure that the Registrant of each Domain Order must agree to be bound by the terms and conditions laid out by the Registrar of the Domain Name during the term of the Domain Order. The Customer must familiarize himself with such terms. The Customer acknowledges that the Registrar has various rights and powers as mentioned in the Registrar’s terms and conditions. Parent is not liable for any action taken by Registrar pursuant to the Registrar’s terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Registrants’ noncompliance with such terms and conditions.

(2) The Customer will not make any changes to any information associated with the Domain Order without explicit authorization from the Registrant of that Domain Order.

(3) The Customer must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN, the Registrar and the Registry Operator.
3. RIGHTS OF PARENT

Parent and Service Providers, in their sole discretion, expressly reserve the right to freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain Order, in order to comply with any applicable Dispute policies, requests of law enforcement, or in compliance with any Court Orders, or if Parent or Service Providers in their sole discretion determine that the information associated with the Domain Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Parent or Service Providers in their sole discretion determine that the Domain Order ownership should belong to another entity, or if Customer/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Parent, Service Providers, ICANN, the Registrar and the Registry Operator. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.
4. SURVIVAL

In the event of termination of this Product Agreement Extension for any reason, Sections 2 and 3 shall survive.
APPENDIX ‘A’
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES

The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.
2. IMPLEMENTATION DETAILS

(1) Customer acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Parent, 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) Customer agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, of a privacy protected Domain Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Parent and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.

(3) Customer understands that the Privacy Protection Service is only available for certain TLDs.

(4) Irrespective of whether Privacy Protection is enabled or not, Customers and Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement.

(5) Customer understands and acknowledges that Parent in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:

(1) if Parent 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) any other reason that Parent in its sole discretion deems appropriate to switch off the Privacy Protection Services.
3. OBLIGATIONS OF CUSTOMER

Customer must ensure that the Registrant of each Domain Order must also acknowledge and agree to be bound by the following terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Customer’s nondisclosure of these terms to Registrant of Domain Order.
4. INDEMNITY

Customer and Registrant agree to release, defend, indemnify and hold harmless Parent, 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 ‘B’
LIST OF TLDS PARENT IS AUTHORIZED TO PROVIDE DOMAIN NAME REGISTRATION AND MANAGEMENT SERVICES

.COM, .NET (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.ORG (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.BIZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.INFO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.NAME and .NAME Defensive Registrations and .NAME Mail Forwards (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.US (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.IN (through Registrar Webiq Domains Solutions Pvt Ltd)
.EU (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.UK (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.TRAVEL (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)
.WS (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.COOP (through Registrar The Midcounties Co-operative Ltd)
CentralNIC (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.MOBI (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.ASIA (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.ME (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.TEL (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.MN, .BZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.CC, .TV (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.CN (through Registrar Directi Web Services Pvt. Ltd)
.NZ (through Registrar PDR 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.)
.RU (through Registrar RU-Center)
.XXX (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.PRO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.SX (through Registrar PDR Ltd.)
.PW (through Registrar <#=dotpw_serviceprovidername#>)

APPENDIX ‘C’
VERISIGN MOBILEVIEW SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES

The Verisign MobileView Service creates a mobile-friendly version for your .COM and .NET website.
2. IMPLEMENTATION DETAILS

Registrant agrees that Verisign may store the following data elements about any MobileView-enabled domain name:

(1) General Details (Company Name, Description and Company Logo);

(2) Contacts (Phone, Email and Address);

(3) Social (Facebook and Twitter URL);

(4) Products (Product Name, Description, Price and Image);

(5) Business Hours (Title and Hours of Operation);

(6) Coupons (Name, Description, Disclaimer, Image, Start and End Date).

(7) Usage information:

(1) Number of hits for any given domain name;

(2) User agent (where the request is coming from);

(3) Crawling website to collect website information.
3. DATA USAGE

Registrant agrees and acknowledges the following terms of data usage by Verisign:

(1) The data will be used to display to the end users and not used for any other internal purposes. This data is all publicly available on the internet and/or customer website.

(2) Customer information is used to create and maintain accounts as well as contacting Customers in case of any problems with accounts, provide technical support, conduct surveys and other similar activities.

(3) Verisign may use data for statistical analysis purpose to understand the Verisign MovileView adoption rate, trend by TLD’s etc. in order to make improvements to our services.

(4) Verisign may also use data collected under the IMPLEMENTATION DETAILS, in accordance with the terms of their privacy policy as set forth at http://www.verisigninc.com/en_US/privacy/index.xhtml.
4. DATA RETENTION

Registrant acknowledges that Verisign may retain some data that has been anonymized under the IMPLEMENTATION DETAILS, as well as retain statistical information derived from aggregated data, even after the MobileView Service has been cancelled.
5. DATA TRANSFER

Registrant acknowledges that Verisign may transfer data collected under the IMPLEMENTATION DETAILS across International boundaries.

Website Design Agreement

Standard Website Package Elements
For Standard Website Packages only – eCartCenter.com includes the following elements in their Standard Website Packages:

  • E-mail/phone consultation (Up to 2 hours total general Internet orientation education, Web design consultation, and helping CLIENTS learn to use their webpage editor. Telephone long distance charges are in addition to package rates quoted. Additional education and consultation is at our hourly rate.).
  • Words of text supplied by the CLIENT (200 words per page approximate maximum, all text have to supplied on typing on text or word file and disk drive or electronically transmitted via email.).
  • Links to external pages, up to an average of 2.5 per page.
  • Photos and other miscellaneous graphic images supplied by CLIENT (up to an average of 3 included per page in standard websites in addition to top-of-page graphic. Color originals larger than 5″ x 8″ are extra. Graphics must be provided in electronic format and appropriately sized for web use.
  • Installation of web pages on the web hosting service.
  • Minor updates and changes to existing web pages for six months, subject to the limits outlined below.

Standard Website Packages:
The content of the web pages will be supplied by the CLIENT and executed as specified by the CLIENT in the “Website Worksheet”. In case the CLIENT desires additional standard web pages beyond the original number of pages, the CLIENT agrees to pay an additional $50 for each additional web page.

Maintenance:
This agreement includes minor web page maintenance to regular web pages over a six-month period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the CLIENT or an agent other than eCartCenter.com attempts updating the CLIENT’S pages and requires eCartCenter.com time to repair web pages, time will be assessed at the hourly rate, and is not included as part of the updating time. The six-month maintenance period commences upon the date the CLIENT signs contract.

Changes to Submitted Text:
Please send us your final text. Time required to make substantive changes to CLIENT-submitted text after the web pages have been constructed will be additional, billed at the hourly rate.

Web Hosting Service:
The CLIENT understands that Web Hosting Service is a separate service provided by eCartCenter.com.

Completion Date:
eCartCenter.com and the CLIENT must work together to complete the website in a timely manner.

If the CLIENT does not supply eCartCenter.com complete text and graphics content, all web pages contracted for within six weeks of the date contract was signed, the entire amount of the contract becomes due and payable. If the CLIENT has not submitted complete text and graphics content within two months after signing of contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is published.

Payment:
Fees to eCartCenter.com are due and payable on the following schedule: 50% Non-refundable upon signing the contract, 50% when the web pages have been constructed according to the CLIENT’S original written specifications. All payments will be made in US funds.

Assignment of Project:
eCartCenter.com reserves the right to assign subcontractors to project to insure the right fit for the job as well as on-time completion.

Cancellation:
In the event that Work is postponed or cancelled at the request of the Client, eCartCenter.com shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by eCartCenter.com and eCartCenter.com shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

Revisions:
eCartCenter.com shall be given the first opportunity to make revisions requested by the Client. If the revisions are not due to any fault on the part of eCartCenter.com, such work shall be billed at the hourly rate.

If CLIENT no respond in 30 days from date of revision sent, CLIENT will be automatic accept eCartCenter.com work, final invoice will be generate.

Copyright And Trademarks:
The CLIENT represents to eCartCenter.com and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to eCartCenter.com for inclusion in web pages are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend eCartCenter.com and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.

Public Persons, Personalities, Sports Figures
If CLIENT, or agent representing a CLIENT that is a public person, personality or sports figure, CLIENT and/or agent acknowledge that the use of their images or other identifiable graphics depicting that individual or associated with that individual are available for unrestricted use in the context of the website. CLIENT and/or agent further acknowledge that rights to those images and/or graphics have not been signed away or assigned to another party and CLIENT and/or agent have full rights to all images and graphics provided.

Laws Affecting Electronic Commerce:
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend eCartCenter.com and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’S exercise of Internet electronic commerce.

Copyright to Web Pages:
Copyright to the finished assembled work of web pages produced by eCartCenter.com and is owned by eCartCenter.com. Upon final payment of contract, the CLIENT is assigned rights to use on domain name in the agreement as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the CLIENT, and remain the property of their respective owners. eCartCenter.com and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Payment of Charges:
In order for eCartCenter.com to remain in business, payments must be made promptly. Delinquent bills will be assessed a $50 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. eCartCenter.com reserves the right to remove web pages from viewing on the Internet until final payment is made and if monthly charges are not paid. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. Agreement becomes effective only when signed by eCartCenter.com. Regardless of the place of signing of agreement, the CLIENT agrees that for purposes of venue, the contract was entered into in Los Angles County, California, and any dispute will be litigated or arbitrated in Los Angeles County, California. Please pay on time.

Sole Agreement:
The agreement contained in this “Website Design Contract” constitutes the sole agreement between eCartCenter.com and the CLIENT regarding this website. Any additional work not specified in the contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign contract. Continued services after that time will require a new agreement.

Cancellation:
In the event that Work is postponed or canceled at the request of the Client, eCartCenter.com shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under the Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s notification to stop work. In the event of cancellation, the Client shall also pay any expenses incurred by eCartCenter.com and eCartCenter.com shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

Website Maintenance Agreement

Services Provided
‘Client’ is contracting eCartCenter.com to provide web site maintenance. This includes adding new pages, editing existing pages and simple modifications to scripts, templates, applications and databases.

Services Excluded
Unless previously agreed to in writing web site maintenance does NOT include website redesign, custom images or artwork, custom script design. Also excluded are hosting fees, ecommerce related services or fees, like credit card processing fees or shopping cart purchase or rental, SSL certificate costs, domain name registration and services provided by any 3rd party. These items would need to be quoted on an individual basis.

Additional Charges
‘Client’ is responsible for license fees for any 3rd party images, programs or scripts. ‘Client’ can pay for these directly or with ‘Client’ approval eCartCenter.com can license them and bill the cost + 10% to ‘Client’.

Copyright and Trademarks
The ‘Client’ represents to eCartCenter.com and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to eCartCenter.com for inclusion in web site are owned by the ‘Client’, or that the ‘Client’ has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend eCartCenter.com from any claim or suit arising from the use of such elements furnished by the ‘Client’.

All graphics, photos and text provided by eCartCenter.com are property of eCartCenter.com and may not be used in any media outside the single web site without permission or transfer of rights specified in writing between eCartCenter.com and ‘Client’.

‘Provider’ guarantees that they have received the proper rights and/or licenses for any text, graphics, photos, designs, trademarks or other artwork to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both ‘Client’ and ‘Provider’ that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the web site, unless ‘Client’ receives direct authorization from the 3rd party. It is the responsibility of ‘Client’ to make sure that required source acknowledgements are placed with appropriate elements.

Copyright to the finished assembled work of individual web site pages produced and designed by
eCartCenter.com is owned by eCartCenter.com. This ownership is to include rights to the design, any photos or graphics supplied by eCartCenter.com, source code, and computer programs specifically designed for this web site. Upon full and final payment of this contract, the ‘Client’ is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site.

‘Client’ agrees to the placement of a small link to at the bottom of their home page advising visitors that the site is maintained by eCartCenter.com. Link shall go to eCartCenter.com website home page or another page of eCartCenter.com choosing advising visitors about eCartCenter.coms’ website maintenance services. Link shall stay in place while changes made by eCartCenter.com are used by ‘Client’.

Service Plans
All service plans are prepaid and all prepaid time expires 1 month after the payment date. Any time not used within this 1 month windows will expire. There is no rollover of prepaid time to the next billing period and no refunds or credits will be issued for expired time. Time not used is non-transferrable.

All website maintenance plans have a minimum billing charge of 1 hour. All maintenance requests have a minimum time charge of ½ hour with all additional time charged to the nearest ¼ hour. If the
maintenance work requested exceeds prepaid time, any additional time will be billed at the initial prepaid rate. A time log of time spent will be provided upon request.

PAY AS YOU GO WEBSITE MAINTENANCE PLANS
These prepaid plans have no recurring monthly costs and are billed in 1 hour, 5 hour and 10 hour increments. ‘Client’ is charged for services rendered as stated herein.

MONTHLY WEBSITE MAINTENANCE PLANS
These plans are recurring plans that are billed monthly until canceled. There is a 10 day notice of cancellation prior to the next month’s billing required by either party. Notice must be given in writing via email, fax or regular mail. Any time not used within the current 1 month billing period will expire at the end of that billing period. There is no rollover of time to the next billing period and no refunds or credits will be issued for expired time. Time not used is non-transferrable. If the maintenance work runs exceeds prepaid time, any additional time will be billed at the initial prepaid rate.

PAY AS YOU GO WEB SITE MAINTENANCE PLANS

 

Select
Plan

 

Plan
Name

 

Details

 

Cost

 

 

1HR

 

1 Hour of Prepaid Web Maintenance.

 

$110/hr.

 

 

5HR

 

5 hours of Prepaid Web Maintenance.

 

$475 ($95/ hr.)

 

 

10HR

 

10 hours of Prepaid Web Maintenance.

 

$900 ($90/ hr.)

 

 

20HR

 

20 hours of Prepaid Web Maintenance.

 

$1600 ($80/ hr.)

MONTHLY WEB SITE MAINTENANCE PLANS (recurring – billed monthly)

 

Select
Plan

 

Plan
Name

 

Details

 

Cost

 

 

5HRR

 

5 hours of recurring Prepaid Monthly Web Maintenance.

 

$425 ($85/ hr.)

 

 

10HRR

 

10 hours of recurring Prepaid Monthly Web Maintenance.

 

$800 ($80/ hr.)

 

 

20HRR

 

20 hours of recurring Prepaid Monthly Web Maintenance.

 

$1400 ($70/ hr.)

Billing and Payments
All invoices are due upon presentation and must be paid by check, money order, credit card (Visa/MC/Amex) or PayPal. Initial payment is a non-refundable deposit and must be made before work starts. Any additional non-prepaid maintenance time charged will be billed weekly. Recurring plans will be invoiced monthly and are due upon presentation. No discount is offered for early payment. Customers with a credit card on file agree to have invoices paid via that credit card, unless otherwise agreed upon in advance.

PAY AS YOU GO WEB SITE MAINTENANCE PLANS
The ‘Client’ agrees to pay for all billed hours above and beyond the initial prepaid maintenance fee at the initial prepaid rate listed above. The ‘Client’ can purchase additional blocks of ‘Prepaid Web Maintenance’ to cover anticipated work. All additional prepaid ‘Prepaid Web Maintenance’ plans are good for 1 month from time of purchase and expire after that time. Exceptions to this may be made at the eCartCenter.coms’ discretion and must be in writing.

MONTHLY WEB SITE MAINTENANCE PLANS
The ‘Client’ agrees to pay for all billed hours above and beyond those included in the ‘Monthly Web Site Maintenance’ plan at the initial prepaid rate listed above. The ‘Client’ can purchase additional blocks of ‘Prepaid Web Maintenance’ to cover anticipated work. All prepaid ‘Prepaid Web Maintenance’ plans are good for 1 month from date of purchase and expire after that time. Exceptions to this may be made at the eCartCenter.coms’ discretion and must be in writing.

Late Fees
Delinquent bills will be assessed a $50 or 5% of the total amount due, whichever is greater, fee if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date an additional late fee of $50 or 5% of the total amount due, whichever is greater, will be added for each month of delinquency. eCartCenter.com reserves the right to remove Web pages from viewing on the Internet and discontinue any remaining work until payment is made.

Collection
In case collection proves necessary; the ‘Client’ agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by eCartCenter.com. Regardless of the place of signing of this agreement, the ‘Client’ agrees that for purposes of venue, this agreement was entered into in Los Angeles, CA.

Returned Checks
If a check is returned by the ‘Client’ bank for any reason, the ‘Client’ agrees to pay a returned check fee of $100 plus any bank charges incurred in addition to the amount of the check. Additional legal, collection and late fees or charges may apply.

Account Access, Hosting  & Credits
‘Client’ agrees to provide ‘Provider’ full ftp and secure shell access to hosting server. ‘Client’ understands that website changes may require a change in hosting services which is not covered by this agreement. ‘Client’ agrees to include a eCartCenter.com designed link website footer crediting eCartCenter.com with services rendered.

Assignment of Work
eCartCenter.com reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. ‘Client’ agrees to not contract with or hire either directly or indirectly any employee or subcontractor of eCartCenter.com without providers written approval.

Indemnification
‘Client’ agrees that it shall defend, indemnify, save and hold eCartCenter.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against eCartCenter.com, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by ‘Client’, its agents, employee or assigns. ‘Client’ agrees to defend, indemnify and hold harmless eCartCenter.com against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with “Provider’s” service, any material supplied by ‘Client’ infringing on the proprietary rights of a third party, copyright infringement, and any defective product which ‘Client’ has sold in the Web Design.

Limited Liability
‘Provider’ does not warrant that the ‘Client’ website will meet the ‘Client’ requirements or that the operation of the website will be uninterrupted or error-free. The entire risk as to the quality and performance of the website is with ‘Client’. In no event will eCartCenter.com be liable to the ‘Client’ or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website, even if eCartCenter.com has been advised of the possibility of such damages. In any event liability shall be limited to amount paid for service.

Sole Agreement
This agreement constitutes the sole agreement between eCartCenter.com and ‘Client’. Any additional work not specified in this agreement must be authorized by a written change order. All prices specified in this agreement will be honored for six (6) months after both parties sign this agreement. Continued services after that time will require a new agreement.

Jurisdiction
This agreement shall be governed and construed in accordance with the laws of the State of California. The parties agree that if any part, term, or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.

Laws Affecting Electronic Commerce:
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend eCartCenter.com and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’S exercise of Internet electronic commerce.

Disputes
If a dispute arises under this agreement, eCartCenter.com and ‘Client’ agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Sammamish, Washington. Any costs and fees other than attorney fees associated with the mediation will be shared equally.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, eCartCenter.com and ‘Client’ agree to submit the dispute to binding arbitration at the following location: Los Angeles, CA, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.