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Agreement To Register US Domains

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Agreement To Register US Domains Powered By Docstoc
					                                                                           [COMPANY NAME]


           DOMAIN NAME REGISTRATION AGREEMENT
                            For the .US Top Level Domain (TLD)


   1. Definitions.

       For purposes of this Registration Agreement, the following definitions shall apply:

          a. "Registered Name" means a domain name registered within the .us Top Level
             Domain (usTLD).

          b. "Registrant" means the holder of a Registered Name.

          c. "Registrar" refers to a person or entity that contracts with a Registrant and
             with NeuStar, Inc. (the usTLD Administrator), and collects registration data
             about the Registrant and submits registration information for entry in the
             Registry Database and is party to an accreditation agreement with NeuStar.

          d. "Registrar Services" means services provided by a Registrar in connection
             with the usTLD, and includes contracting with Registrant, collecting
             registration data about the Registrant, and submitting registration information
             for entry in the Registry Database.

   2. Overview.

       This Registration Agreement ("Agreement") sets forth the terms and conditions of
       your use of the Registrar services of [CORPORATION] (d/b/a "[COMPANY]") to
       register an Internet domain name within the usTLD. To complete the registration
       process, you must acknowledge that you have read, understood, and agree to be
       bound by all terms and conditions of this Agreement, to include the online forms you
       fill out during the application process, to include the [COMPANY] Dispute Policy (DP),
       Acceptable Use Policy (AUP), and Billing Procedures (BP), as they may be updated or
       revised by [COMPANY] from time to time, and also to include the usTLD Nexus
       Requirements Policy (NRP) and usTLD Dispute Resolution Policy (usDRP), as they
       may be amended or revised from time to time. The DP ([URL]), AUP
       (http://www.ait.com/legal/aup/) and BP (http://www.ait.com/legal/billing/) are
       incorporated by reference, as if fully set forth herein. The usTLD NRP
       (http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf) and usDRP
       (http://www.neustar.us/policies/docs/usdrp.pdf) are also incorporated herein by
       reference, as if fully set forth. This Agreement will become effective when accepted
       by [COMPANY]. [COMPANY] may elect to accept or reject your domain name
       registration application for any reason or no reason, at its sole discretion.

   3. What We Do.

          a. [COMPANY] is an accredited Registrar with NeuStar, Inc., a Delaware
             corporation authorized to act as usTLD Administrator. As an accredited
             Registrar, [COMPANY] is, upon accepting your domain name registration
             application, your sponsor for that application. No registration application we
             submit to usTLD can be effective until we have delivered to usTLD


[COMPANY] Initials _____               Page: 1                         Customer’s Initials ____

                       [STREET ADDRESS] • [CITY, STATE] • [ZIP CODE]
                                 [PHONE] • [FAX] • [URL]
                                                                           [COMPANY NAME]

              Administrator the registration information you provide us, and usTLD
              Administrator puts into effect your domain name registration.

          b. The relationship between you, as Registrant, and [COMPANY], as Registrar,
             will be governed in large part by prior understandings between [COMPANY]
             and the usTLD Administrator, and by prior understandings between the usTLD
             Administrator and the U.S. Department of Commerce (DoC) or the Internet
             Corporation for Assigned Names and Numbers (ICANN). Any DoC standards,
             policies, procedures, and practices for which usTLD Administrator has
             monitoring responsibility in accordance with the usTLD Agreement or other
             arrangement with DoC and/or ICANN, including without limitation ICANN
             policies pertaining to open country code TLDs (unless otherwise provided in
             the usTLD Agreement) shall take precedence over anything in this
             Agreement, in the event of conflict(s), without liability to [COMPANY].
             Moreover, operational standards, policies, procedures, and practices for the
             usTLD as set forth in the usTLD Agreement, the ccTLD Agreement, and as
             established from time to time by usTLD Administrator and/or the Council in a
             non-arbitrary manner and applicable to all registrars generally, and consistent
             with DoC’s standards, policies, procedures, and practices, shall also take
             precedence over this Agreement in the event of conflict(s), without liability to
             [COMPANY]. Additional or revised usTLD Administrator operational standards,
             policies, procedures, and practices for the usTLD shall be effective upon thirty
             (30) days notice by the usTLD Administrator to Registrar.

          c. You agree and acknowledge that [COMPANY] is not liable or responsible in
             any way for any errors, omissions, or any other actions by the usTLD
             Administrator arising out of or related to your application and your receipt of,
             or failure to receive, a domain name registration. You agree to defend,
             indemnify, and hold harmless [COMPANY] for any loss, damages, or costs,
             including reasonable attorneys' fees, resulting from any third party claim,
             action, or demand related to the registration or use of the domain name
             registered in your name. This indemnification is in addition to any
             indemnification required under the DP, and this indemnification obligation
             survives the termination or expiration of this Agreement. As the Registrant,
             you further agree to indemnify, defend, and hold harmless the usTLD
             Administrator, and its directors, officers, employees, representatives, agents,
             affiliates, and stockholders from and against any and all claims, suits, actions,
             other proceedings, damages, liabilities, costs, and expenses of any kind,
             including without limitation reasonable legal fees and expenses, arising out of
             or relating to your (a) domain name registration and (b) use of any
             Registered Name. This indemnification obligation survives the expiration or
             termination of this Agreement.

   4. Fees.

          a. As consideration for the Registrar Services provided by [COMPANY] to you,
             you agree to pay [COMPANY], prior to the effectiveness of the desired
             registration, the amounts set forth by [COMPANY], for the initial registration
             of the domain name and, should you choose to renew the registration, for
             subsequent renewals of the registration. All fees are non-refundable, in whole
             or in part, even if your domain name registration is suspended, cancelled, or
             transferred prior to the end of your then-current registration term. Your
[COMPANY] Initials _____               Page: 2                         Customer’s Initials ____

                       [STREET ADDRESS] • [CITY, STATE] • [ZIP CODE]
                                 [PHONE] • [FAX] • [URL]
                                                                          [COMPANY NAME]

              requested domain name will not be registered unless we receive actual
              payment of the registration fee, or reasonable assurance of payment of the
              registration fee (such reasonable assurance to be determined by [COMPANY]
              in its sole discretion).

          b. In the event of a chargeback by a credit card company (or similar action by
             another payment provider allowed by us) in connection with the payment of
             the fee for your domain name registration, you agree and acknowledge that
             all right, title, and ownership of the domain name(s) and registration(s)
             affected by such chargeback shall immediately pass to [COMPANY], as having
             paid the usTLD Administrator for such names(s) and/or registration(s).
             Thereafter we will reinstate your domain name registration solely at our
             discretion, subject to our receipt of the appropriate registration or renewal
             fee, and our receipt of the then-current reinstatement fee, currently set at
             US$200.

          c. We will make reasonable efforts to send you a notice or reminder within the
             sixty (60) days immediately before your current registration period expires.
             Ultimately, however, the responsibility for initiating renewal is yours alone,
             and [COMPANY] has NO LIABILITY in connection therewith. If you wish to
             renew the registration, you must notify us and pay a renewal fee. Should you
             fail to notify us, or should the renewal fee go unpaid within the time specified
             in a second or subsequent notice or reminder, your registration will not be
             renewed, and your domain name will consequently be released into the open
             pool. To notify us and pay the renewal fee, you must log into your account via
             the [COMPANY] website, and follow the precise steps outlined there.

          d. If [COMPANY] is able to successfully register your domain name, you
             authorize [COMPANY] to charge your credit card a NON-REFUNDABLE
             registration fee, corresponding to the length of the registration period you
             requested, at the rate indicated in the [COMPANY] registration materials (at
             [URL] and the related pages and subdirectories). In the event your usTLD
             domain name is registered or subsequently renewed, but you fail to pay
             [COMPANY] any additional fees associated with such registration or renewal,
             you hereby consent to the immediate transfer of your usTLD Domain Name to
             [COMPANY] or its designee.

   5. Domain Name Dispute Policy.

       You agree to be bound by the [COMPANY] Domain Name Dispute Policy (DP), which
       is incorporated herein, and made a part of this Agreement by reference [URL]).
       Certain disputes, as specified in the DP, are subject to that Policy. You agree that
       you will be subject to the provisions specified in the DP in effect at the time your
       domain name registration is disputed by a third party, in the event such a dispute
       arises. You also agree that, in the event a domain name dispute arises with any third
       party, you will indemnify and hold [COMPANY] harmless, pursuant to the terms and
       conditions contained in the DP. Moreover, until different policies and procedures are
       established by the usTLD Administrator (NeuStar), [COMPANY], as the Registrar, will
       comply with the United States Dispute Resolution Policy (usDRP)
       (http://www.neustar.us/policies/docs/usdrp.pdf) and the usTLD Nexus Requirements
       Policy (usNRP) (http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf),
       and requires compliance therewith by Registrants, as a material condition of this
[COMPANY] Initials _____               Page: 3                         Customer’s Initials ____

                       [STREET ADDRESS] • [CITY, STATE] • [ZIP CODE]
                                 [PHONE] • [FAX] • [URL]
                                                                             [COMPANY NAME]

       Agreement. To this end, the usDRP and the usNRP are incorporated herein by
       reference.

   6. Changes to Registration Agreement, AUP, BP, DP, usNRP and usDRP.

       You acknowledge that the domain name system is evolving, as well as the practice of
       registering and administering domain names, and therefore you agree that this
       Agreement, to include the parts incorporated by reference, may be modified by
       [COMPANY] (or, in the case of the usDRP and usNRP, by the usTLD Administrator), if
       such modification is needed to enable [COMPANY] to comply with its agreement with
       the usTLD Administrator, and/or with any other agreements that [COMPANY] is
       bound by, or will be bound by, as well as to adjust to changing business
       circumstances. Your continued use of the domain name registered to you,
       subsequent to such modification(s), shall signify your acceptance of the modified
       Agreement, AUP, BP, DP, usNRP, and/or usDRP. If you do not agree to such
       change(s), you should promptly request that your domain name registration be
       cancelled, or transferred to a different Registrar. You agree that such cancellation or
       request for transfer shall be your exclusive remedy if you do not wish to abide by
       such change(s) to this Agreement, to include change(s) to the AUP, BP, DP, usNRP,
       and/or usDRP.

   7. Domain Name Registration Information and Its Use.

          a. As the Registrant, you are obligated to provide to the Registrar ([COMPANY])
             accurate and reliable contact details and promptly correct and update them
             during the term of this Registered Name registration, including: the full name,
             postal address, email address, voice telephone number, and fax number (if
             available) of the Registrant; name of authorized person for contact purposes
             in the case of a Registrant that is an organization, association, or corporation;
             and the data elements listed below:

                  i.   The name of the Registered Name;

                 ii.   The IP address and corresponding names of the primary name server
                       and secondary nameserver(s) for the Registered Name;

                iii.   The name and URL of Registrar (which may be provided through
                       Registrar's website);

                iv.    The original creation date and original term of the registration;

                 v.    The expiration date of the registration’s current term;

                vi.    The name and postal address of the domain name Registrant;

                vii.   The name, postal address, email address, voice telephone number,
                       and (where available) fax number of the Name Holder for the name
                       registered; and

               viii.   The name, postal address, email address, voice telephone number,
                       and (where available) fax number of the technical contact for the
                       name registered; and
[COMPANY] Initials _____                 Page: 4                          Customer’s Initials ____

                         [STREET ADDRESS] • [CITY, STATE] • [ZIP CODE]
                                   [PHONE] • [FAX] • [URL]
                                                                            [COMPANY NAME]

                 ix.   The name, postal address, email address, voice telephone number,
                       and (where available) fax number of the administrative contact for the
                       name registered.

          b. IN ADDITION TO THE ABOVE INFORMATION, REGISTRANTS ARE REQUIRED
             TO PROVIDE CERTAIN ADDITIONAL "NEXUS" INFORMATION, AS SET FORTH
             ELSEWHERE HEREUNDER.

          c. By entering this Agreement, you are certifying to [COMPANY] that all the data
             you have provided or shall provide to [COMPANY] for purposes of your
             domain name registration application is and shall be true, correct, up to date,
             and complete; and that you will keep all such information up to date by
             advising [COMPANY] promptly of any and all changes thereto. As Registrant,
             your willful or grossly negligent provision of inaccurate or unreliable
             information, or your willful or grossly negligent failure promptly to update
             information provided to [COMPANY] shall constitute a material breach of this
             Agreement with [COMPANY], and shall be a basis for cancellation of the
             affected registration, without refund. You further agree and acknowledge that
             when you renew your registration, the type of information you are required to
             provide may have changed, and that, if you do not wish to provide the new
             required information, your registration may not be renewed.

          d. With the exception of certain additional "Nexus" information, as required
             elsewhere hereunder, all other information which we may request from you at
             registration is voluntary. However, not providing this information may prevent
             you from obtaining all products and services made available to Registrants by
             us, other than registration of the domain name. We will not process data
             about any identified or identifiable natural person that we obtain from you in
             a way incompatible with the purposes and limitations described in this
             Agreement.

          e. You may access your registration information in [COMPANY]’s possession to
             review, modify, or update such information, by accessing our domain
             manager service, or similar service, made available at our website ([URL]).

          f.   [COMPANY] will take reasonable precautions to protect the information it
               obtains from you from our loss, misuse, unauthorized access or disclosure,
               alteration, or destruction of that information. You agree and acknowledge that
               [COMPANY] will make available domain name registration information you
               provide or that we otherwise maintain to ICANN, to the usTLD Administrator,
               and to other third parties as ICANN, the usTLD Administrator, and applicable
               laws may require or permit. You further agree and acknowledge that
               [COMPANY] may make publicly available, or directly available to third party
               vendors, some, or all, of the registration information you provide, for
               purposes of inspection (such as through our Whois service), or for targeted
               marketing and other purposes as permitted or required by ICANN, the usTLD
               Administrator, and applicable laws.

          g. You hereby consent to any and all such disclosures and use of (and
             guidelines, limits, and restrictions on disclosure or use of) information
             provided by you in connection with the registration of a domain name
             (including any updates to such information), whether during or after the term
[COMPANY] Initials _____                Page: 5                          Customer’s Initials ____

                         [STREET ADDRESS] • [CITY, STATE] • [ZIP CODE]
                                   [PHONE] • [FAX] • [URL]
                                                                             [COMPANY NAME]

              of your registration of the domain name. You hereby irrevocably waive any
              and all claims and causes of action you may have arising from such disclosure
              or use of your registration information by [COMPANY].

          h. By entering into this Agreement, you represent that if, in registering the
             domain name, you are providing information about a third party, you have
             (1) provided notice to that third party of the disclosure and use of that party's
             information as set forth in this Agreement, and (2) that you have obtained
             that third party's express consent to such disclosure and to use of that party's
             information as set forth in this Agreement. You further represent that, to the
             best of your knowledge and belief, neither the registration of the Registered
             Name nor the manner in which it is directly or indirectly used infringes the
             legal rights of any third party.

   8. Enforcement of Accurate Whois Data.

       As Registrar, we will accept written complaints from third parties regarding false
       and/or inaccurate Whois data of Registrants. No later than thirty (30) days after
       receipt of such a written complaint, the Registrar shall conduct an initial investigation
       into the veracity and accuracy of the contact details. If we determine that the
       information is false, inaccurate, or not up to date, we will issue a letter to you as
       Registrant, via email and regular first-class mail, stating that the information
       contained in your Whois record may be false, inaccurate, or not up to date. You, the
       Registrant, will be required to update your contact information no later than thirty
       (30) calendar days from the date of such notice. If, within thirty (30) days, you can
       either (1) show that you have not provided false or inaccurate contact information or
       (2) provide the updated Whois information, then you will be allowed to maintain your
       usTLD domain name registration. If, however, after thirty (30) days, you either do
       not respond to our notice, or you are unable to provide true and accurate contact
       information, you the Registrant shall be deemed to have breached your registration
       agreement, and [COMPANY], as the Registrar, shall be required by the usTLD
       Administrator to delete the registration. [COMPANY] shall not be required to refund
       any fees paid by you, the Registrant, if we terminate your registration agreement
       due to our enforcement of this provision.

   9. Transfers.

       The parties agree that a Registered Name Holder will be prohibited from changing its
       Registrar during the first sixty (60) days after initial registration of the domain name
       with the Registrar. If such provision shall conflict with any other term or condition of
       this agreement, this provision shall control.

   10. Governing Law, Breach.

          a. For the adjudication of disputes explicitly concerning or arising from
             Registrant’s use of the Registered Name, the Registrant shall submit, without
             prejudice to other potentially applicable jurisdictions, to the jurisdiction of the
             courts (1) of the Registrant's domicile, (2) where Registrar is located, and (3)
             the United States. As to any and all other claims or disputes arising out of this
             Agreement, the rights and obligations of the parties, and all actions
             contemplated by this Agreement, shall be construed and governed by the
             laws of the State of North Carolina, as if the Agreement was a contract wholly
[COMPANY] Initials _____                Page: 6                          Customer’s Initials ____

                        [STREET ADDRESS] • [CITY, STATE] • [ZIP CODE]
                                  [PHONE] • [FAX] • [URL]
                                                                              [COMPANY NAME]

              entered into and wholly performed within the State of North Carolina, except
              as otherwise set forth in the DP with respect to disputes.

          b. The Registrant further acknowledges and agrees that its registration of the
             Registered Name shall be subject to suspension, cancellation, or transfer
             pursuant to any NeuStar-adopted procedure, specification or policy, or
             pursuant to any Registrar or registry procedure not inconsistent with a
             NeuStar-adopted specification or policy, (1) to correct mistakes by
             [COMPANY], another registrar, or the Registry administrator in registering or
             administering the name; or (2) for the resolution of disputes concerning the
             Registered Name.

          c. You also agree that [COMPANY] shall have the right in its sole discretion to
             suspend, cancel, transfer, or otherwise modify a domain name registration
             upon seven (7) calendar days prior written notice, or at such time as
             [COMPANY] receives a properly authenticated order from a court of
             competent jurisdiction, or arbitration award, requiring the suspension,
             cancellation, transfer, or modification of the Registered Name registration.

   11. Nexus Requirements.

       Registrant understands and agrees that, in order to qualify to register and maintain
       its use of a Registered Name in the usTLD, Registrant must have and maintain a
       United States "Nexus." By entering into this Agreement, therefore, each Registrant
       certifies to [COMPANY] that such Registrant has, and shall maintain and continue to
       have for the duration of the registration term, a lawful bona fide presence in the
       United States on the basis of real and substantial lawful contacts with, or lawful
       activities in, the United States of America, in one of the following Nexus Categories:

          a. Nexus Category 1.

              A natural person

                  i.   who is a citizen or permanent resident of the United States of America
                       or any of its possessions or territories, or

                 ii.   whose primary place of domicile is in the United States of America or
                       any of its possessions or territories, or

          b. Nexus Category 2.

              An entity or organization that is

                  i.   incorporated within one of the fifty (50) U.S. states, the District of
                       Columbia, or any of the United States possessions or territories or

                 ii.   organized or otherwise constituted under the laws of a state of the
                       United States of America, the District of Columbia or any of its
                       possessions or territories, or

          c. Nexus Category 3.

[COMPANY] Initials _____                 Page: 7                           Customer’s Initials ____

                         [STREET ADDRESS] • [CITY, STATE] • [ZIP CODE]
                                   [PHONE] • [FAX] • [URL]
                                                                               [COMPANY NAME]

              An entity or organization (including a federal, state, or local government of
              the United States, or a political subdivision thereof) that has a bona fide
              presence in the United States.

              It is a continuing requirement that each usTLD domain name Registrant must
              maintain the U.S. Nexus Requirement. If you the Registrant fail to establish
              and maintain eligibility under the Nexus Requirements, as set forth herein and
              in usNRP
              (http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf), such
              failure shall be a basis for cancellation of the Registered Name. [COMPANY]
              shall not be required to refund any fees paid by you, the Registrant, if we
              cancel your Registered Name or terminate your registration agreement under
              this provision.

   12. Additional Nexus Information.

       Registrant further understands and agrees that Registrant will be required to provide
       certain additional Nexus Information. Except where it is noted below that a
       registration will be denied if information is missing, failure of a registration to satisfy
       Nexus will result in the name being placed upon a 30-day hold during which time the
       usTLD Administrator will notify Registrar, and Registrar will give the Registrant the
       opportunity to correct the information. If the information is not corrected within the
       30-day period, the registration will be cancelled and the name will be returned to
       available status. The registration fee will not be refunded. If, on the other hand, the
       Registrant is able to demonstrate compliance with the requirement and the
       information is corrected, the hold will be released and the name will be registered.

          a. Registrant shall certify that the listed name servers are located within the
             United States of America, and if Registrant fails to do so, the registration will
             be rejected;

          b. Registrant shall expressly identify the basis for Registrant’s compliance with
             Nexus (i.e., on the basis of Nexus Category 1, 2, or 3 as listed above), and if
             Registrant fails to do so, the registration will be rejected;

          c. If Registrant identifies Nexus Category 1 as the basis for compliance with
             Nexus, Registrant shall:

                  i.    complete a statement of citizenship or legal permanent residency (and
                        if Registrant fails to do so, the registration will be rejected); and

                  ii.   provide the address of Registrant’s primary place of domicile, if
                        different from the Name Holder contact information specified
                        hereinabove.

          d. If Registrant identifies Nexus Category 2 as the basis for compliance with
             Nexus, Registrant shall complete a statement specifying the type of entity
             (e.g., corporation, sole proprietorship, etc.), and the jurisdiction of
             incorporation or registration (e.g., state, city and county, territory, etc.).

          e. If Registrant identifies Nexus Category 3 as the basis for compliance with
             Nexus, Registrant must state the Registrant’s country of citizenship; and
[COMPANY] Initials _____                  Page: 8                          Customer’s Initials ____

                          [STREET ADDRESS] • [CITY, STATE] • [ZIP CODE]
                                    [PHONE] • [FAX] • [URL]
                                                                              [COMPANY NAME]

              identify from the following list, Registrant’s further basis for compliance with
              Nexus:

                  i.   regularly sells goods in the United States;

                 ii.   regularly provides services in the United States;

                iii.   regularly engages in lawful business activities, trade, or other business
                       (commercial or non-commercial including not-for-profit) relations in
                       the United States;

                iv.    maintains an office or other facility or property within the United
                       States for a lawful business, noncommercial, educational, or
                       governmental purpose, and not solely or primarily to permit it to
                       register for a usTLD domain name.

   13. Ownership of Data.

       You agree and acknowledge that [COMPANY] owns all database, compilation,
       collective and similar rights, title, and interests worldwide in our domain name
       database, and in all information and derivative works generated from the domain
       name database. You further agree and acknowledge that we hold a non-exclusive
       ownership interest in the following information for those registrations for which we
       are the Registrar:

          a. the original creation date of the registration;

          b. the expiration date of the registration;

          c. the name, postal address, e-mail address, voice telephone number, and
             where available fax number of the technical contact, administrative contact,
             zone contact and billing contact for the domain name registration;

          d. any remarks and/or content concerning the registered domain name that
             appear or should appear in the Whois or similar database; and

          e. any other information we generate or obtain in connection with the provision
             of Registrar services, other than the domain name being registered, the IP
             addresses of the primary nameserver and any secondary nameservers for the
             domain name, and the corresponding names of those nameservers.

       [COMPANY] specifically disclaims any ownership interest in your specific personal
       registration information outside of its rights in the [COMPANY] domain name
       database.

   14. Agents and Licenses.

          a. By entering into this Agreement, you are certifying that to the best of your
             knowledge the domain name Registrant has the authority to enter into the
             Registration Agreement and meets all the U.S. Nexus Requirements set forth
             elsewhere hereunder.

[COMPANY] Initials _____                 Page: 9                           Customer’s Initials ____

                         [STREET ADDRESS] • [CITY, STATE] • [ZIP CODE]
                                   [PHONE] • [FAX] • [URL]
                                                                            [COMPANY NAME]

          b. If you, as Registrant, intend to license use of a domain name to a third party,
             you are nonetheless the Registered Name Holder of record. You therefore
             remain responsible for all obligations under this Agreement, including but not
             limited to payment obligations. You are responsible for providing your own full
             contact information and for providing and updating accurate technical,
             administrative, zone, and billing contact information adequate to facilitate
             timely resolution of any problems that arise in connection with the Registered
             Name and the registration thereof. A Registrant licensing use of a Registered
             Name according to this provision shall accept liability for harm caused by
             wrongful use of the Registered Name, unless it promptly discloses the identity
             of the licensee to a party providing the Registrant reasonable evidence of
             actionable harm.

   15. Limitation of Liability.

       YOU AGREE THAT [COMPANY] WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR
       LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (b) USE OF YOUR
       DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS
       DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU
       ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-
       DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER
       MODIFICATION; (f) EVENTS BEYOND [COMPANY]’s REASONABLE CONTROL; (g)
       PROCESSING OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE POLICY.
       [COMPANY] ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
       OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
       REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT
       (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF [COMPANY] HAS BEEN
       ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
       [COMPANY]’s MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID
       BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER
       THAN SEVENTY DOLLARS ($70.00) PER DOMAIN NAME. BECAUSE SOME STATES DO
       NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
       OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE
       EXTENT PERMITTED BY LAW.

   16. Representations and Warranties.

       You represent that, to the best of your knowledge and belief, neither the registration
       of the Registered Name nor the manner in which it is directly or indirectly used
       infringes the legal rights of a third party. You further represent and warrant that all
       information provided by you in connection with your domain name registration is
       accurate. ALL REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." Except for
       our statement regarding our accreditation as a usTLD Administrator-approved
       domain name Registrar in the introductory paragraphs of this Agreement, WE MAKE
       NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR
       IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR WITH DOMAIN NAME
       REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
       MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH
       REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT
       ANY LIMITATION TO THE FOREGOING, [COMPANY] MAKES NO REPRESENTATIONS
       OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A
       DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM
[COMPANY] Initials _____                Page: 10                         Customer’s Initials ____

                         [STREET ADDRESS] • [CITY, STATE] • [ZIP CODE]
                                   [PHONE] • [FAX] • [URL]
                                                                            [COMPANY NAME]

       CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION,
       CANCELLATION, OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

   17. General.

       You agree that any notices required to be given under this Agreement by [COMPANY]
       to you will be deemed given if delivered in accordance with the contact information
       you have provided. This Agreement, to include all documents incorporated herein by
       reference, constitutes the complete and exclusive agreement between you and
       [COMPANY] with respect to all services described herein, and supersedes and
       governs all prior or contemporaneous proposals, agreements, or other
       communications, whether written or oral. Nothing contained in this Policy shall be
       construed as creating any agency, partnership, or other form of joint enterprise
       between the parties. The failure of [COMPANY] to require your performance of any
       provision hereof shall not affect its full right to require such performance at any time
       thereafter; nor shall the waiver by [COMPANY] of a breach of any provision hereof be
       taken or held to be a waiver of the provision itself. In the event that any provision of
       this Agreement shall be unenforceable or invalid under any applicable law or be so
       held by applicable court decision, such unenforceability or invalidity shall not render
       this Agreement unenforceable or invalid as a whole. [COMPANY] will amend or
       replace such provision with one that is valid and enforceable and which achieves, to
       the extent possible, the original objectives and intent of [COMPANY] as reflected in
       the original provision. This Agreement may not be amended or modified by you
       except by means of a written document signed by both you and an authorized
       representative of [COMPANY]. Neither this Agreement nor any right created hereby
       may be assigned by a party without the prior written consent of the other party.

       INFORMATION FOR CALIFORNIA RESIDENTS: Under California Civil Code Section
       1789.3, CA residents entitled to the following specific consumer rights information:

          a. Price rates.

              Current rates for [COMPANY]’s domain name registration services may be
              obtained by going to the pricing schedule on our web site at [URL] or any
              other web site operated by [COMPANY]. [COMPANY] reserves the right to
              change fees, surcharges, and renewal fees or to institute new fees at any
              time.

          b. Complaints.

              The Complaint Assistance Unit of the Division of Consumer Services of the
              California Department of Consumer Affairs may be contacted in writing at
              1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-
              1254.




[COMPANY] Initials _____               Page: 11                         Customer’s Initials ____

                       [STREET ADDRESS] • [CITY, STATE] • [ZIP CODE]
                                 [PHONE] • [FAX] • [URL]

				
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