Registration And Service Agreement

Version 2.2

Article I -- General Provisions

1. INTRODUCTION.

In this Registration and Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and its agents, including each person listed in your account information as being associated with your account, and "we", "us" and "our" refer collectively to NameSecure, LLC ("NameSecure"). This Agreement explains our obligations to you, and your obligations to us in relation to the NameSecure service(s) you purchase. Your rights and responsibilities as a domain name registrant under the ICANN Registrar Accreditation Agreement can be found at http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm. By purchasing NameSecure service(s) you agree to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional NameSecure service(s) or to modify or cancel your NameSecure service(s) (even if we were not notified of such authorization), this Agreement as amended covers any such service or actions. Additionally, you agree that each person listed in your account information as being associated with your account for any services provided to you (including, but not limited to, domain name registration services) is your agent with full authority to act on your behalf with respect to such services, and that the Account Administrative Contact for your account shall have the authority, without limitation, to terminate, transfer (where transfer is permitted by the Agreement), or modify such services or your account information, or purchase additional services. Any acceptance of your application(s) or requests for our services and the performance of our services will occur at our offices in Herndon, Virginia, the locations of our principal place of business.

2. FEES, PAYMENT AND TERM OF SERVICE.

As consideration for the services you purchased, you agree to pay NameSecure the applicable service(s) fees set forth on our Web site at the time of your selection, or, if applicable, upon receipt of your invoice from NameSecure. All fees are due immediately and are non-refundable. Unless otherwise specified herein or on our Web site, each NameSecure service is for a one-year initial term and renewable thereafter for successive one to ten-year terms, as set forth during the renewal process. Any renewal of your services with us is subject to our then current terms and conditions, including, but not limited to, successful completion of any applicable authentication procedure, and payment of all applicable service fees at the time of renewal and in the case of domain name re-registration, the domain name registry's acceptance of your domain name registration. We will endeavor to provide you notice prior to the renewal of your services at least fifteen (15) days in advance of the renewal date. We may provide you with an opportunity to "opt in" to our automatic renewal process in accordance with the instructions (and subject to your agreement to the related terms and conditions pertaining to that process) on our Website. Additionally, we may activate an automatic renewal process for eligible services in your account, at any time and at our discretion. You agree that if you are enrolled in or otherwise utilizing our auto-renew process, we will attempt to renew your service at some point less than ninety (90) days prior to its expiration. Such automatic renewal for your services, if successful, may be for a shorter term than the term for which you originally purchased your services, but in no event shall such term be longer than the term then-currently in place for the services. Such automatic renewal for your services, if successful, shall be at the then-current price for the renewed services. In any event, you are solely responsible for the credit card information you provide to NameSecure and must promptly inform NameSecure of any changes thereto (e.g., change of expiration date or account number). In addition, you are solely responsible for ensuring the services are renewed. NameSecure shall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the services. You agree to pay all value added, sales and other taxes (other than taxes based on NameSecure's income) related to NameSecure services or payments made by you hereunder. All payments of fees for NameSecure services shall be made in U.S. dollars. Set up fees, if any, will become payable on the applicable effective date for the applicable NameSecure services.

3. ACCURATE INFORMATION.

You agree to:

  1. provide certain true, current, complete and accurate information about you as required by the application process; and

  2. maintain and update according to our modification procedures the information you provided to us when purchasing our services as needed to keep it current, complete and accurate.

We rely on this information to send you important information and notices regarding your account and our services. You agree that NameSecure (itself or through its third party service providers) is authorized, but not obligated, to use Coding Accuracy Support System (CASS) certified software and/or the National Change of Address program (and/or such other systems or programs as may be recognized by the United States Postal Service or other international postal authority for updating and/or standardizing address information) to change any address information associated with your account (e.g., registrant address, account contact address, etc.), and you agree that NameSecure may use and rely upon any such changed address information for all purposes in connection with your account (including the sending of renewal notices and other important account information) as though such changes had been made directly by you.

4. PRIVACY.

Our privacy statement is located on our Web site at http://www.namesecure.com/privacyPolicy.page and is incorporated herein by reference for all such NameSecure services. The applicable privacy statement sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to any such modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us except as otherwise expressly provided in this Agreement. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to:

  1. the purposes for which such third party's personal data has been collected,

  2. the intended recipients or categories of recipients of the third party's personal data,

  3. which parts of the third party's data are obligatory and which parts, if any, are voluntary; and

  4. how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future.

We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information.

5. OWNERSHIP.

Except as otherwise set forth herein, all right, title and interest in and to all,

  1. registered and unregistered trademarks, service marks and logos;

  2. patents, patent applications, and patentable ideas, inventions, and/or improvements;

  3. trade secrets, proprietary information, and know-how;

  4. all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired;

  5. registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and

  6. all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the NameSecure services identified herein ("NameSecure Intellectual Property Rights") are owned by NameSecure or its licensors, and you agree to make no claim of interest in or ownership of any such NameSecure Intellectual Property Rights.

You acknowledge that no title to the NameSecure Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the NameSecure or its licensors' service, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by NameSecure and all right, title and interest in and to each such Derivative Work shall automatically vest in NameSecure. NameSecure shall have no obligation to grant you any right in any such Derivative Work.

6. EXCLUSIVE REMEDY.

YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY NAMESECURE SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL NAMESECURE, ITS LICENSORS AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING SERVICES AS PART OF ANY SERVICE PURCHASED FROM NAMESECURE) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF NAMESECURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN NAMESECURE'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. NameSecure and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to:

  1. loss or liability resulting from access delays or access interruptions;

  2. loss or liability resulting from data non-delivery or data mis-delivery;

  3. loss or liability resulting from acts of god;

  4. loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option;

  5. loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement;

  6. loss or liability relating to the deletion of or failure to store e-mail messages;

  7. loss or liability resulting from the development or interruption of your Web site or your NameSecure Web site;

  8. loss or liability from your inability to use our e-mail services, My Account Manager or any component of the subscription service;

  9. loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agent's failure to pay any fees, including the initial registration fee or re-registration fee;

  10. loss or liability as a result of the application of our dispute policy; or

  11. loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in xml, xkms, or any other standard not under NameSecure's sole control.

7. DISCLAIMER OF WARRANTIES.

YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS' SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER NAMESECURE NOR OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.

8. INDEMNITY.

You agree to release, indemnify, defend and hold harmless NameSecure, (including in our capacity as a registrar for domain names, and the applicable registry for any top-level domain in which you are applying for services hereunder), and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of

  1. this Agreement or the breach of your warranties, representations and obligations under this Agreement,

  2. the NameSecure services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer,

  3. any intellectual property or other proprietary right of any person or entity,

  4. a violation of any of our operating rules or policies relating to the service(s) provided,

  5. any information or data you supplied to NameSecure, including, without limitation, any misrepresentation in your application, if applicable,

  6. the inclusion of meta-tags or other elements in any Website created for you or by you via the NameSecure services, or

  7. any information, material, or services available on your licensed NameSecure Web Site.

When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the NameSecure services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.

9. TERMINATION.

  1. By You. You may terminate this Agreement upon at least thirty (30) days written notice to NameSecure for any reason.

  2. By Us. We may terminate this Agreement or any part of the NameSecure services at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from us concerning the accuracy or completeness of the information referred to in Section 3 of this Agreement, if we determine in our sole discretion that you have violated the NameSecure Acceptable Use Policy, which is located on our Web site at http://www.namesecure.com/policies.page and is incorporated herein and made part of this Agreement by reference, or upon thirty (30) days prior written notice if we terminate or significantly alter a product or service offering.

  3. Effect of Termination. NameSecure will cease charging your credit card, if applicable, for any service fees as of the expiration of the current billing cycle in which the termination is effective. Unless otherwise specified in writing by NameSecure, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees in the case of an annual subscription being paid over time. If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination. You agree to pay any and all costs incurred by NameSecure in enforcing your compliance with this Section. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the NameSecure service, if applicable.

10. REPRESENTATIONS AND WARRANTIES.

You agree and warrant that:

  1. neither your registration nor use of the any of the NameSecure services nor the manner in which you intend to use such NameSecure services will directly or indirectly infringe the legal rights of a third party,

  2. you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder,

  3. you have selected the necessary security option(s) for your domain name registration record,

  4. you are of legal age to enter into this Agreement (or you are at least 13 years of age and have your parents' permission to apply for services hereunder); and

  5. you agree to comply with all applicable laws and regulations.

11. MODIFICATIONS TO AGREEMENT.

Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may:

  1. revise the terms and conditions of this Agreement; and/or

  2. change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the service(s) on NameSecure's Web sites, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web sites, including the current version of this Agreement available on our Web sites, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, except as may otherwise be noted herein. By continuing to use NameSecure services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by

    1. any agent, representative or employee of any third party that you may use to apply for our services; or in

    2. information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of NameSecure is authorized to alter or amend the terms and conditions of this Agreement.

12. ACCOUNT ACCESS.

To access or use the NameSecure services or to modify your account, you may be required to establish an account and obtain a login name, account number, password and/or passphrase. You authorize us to process any and all account transactions initiated through the use of your password and/or passphrase. You are solely responsible for maintaining the confidentiality of your password and passphrase. You must immediately notify us of any unauthorized use of your password or passphrase, and you are responsible for any unauthorized activities, charges and/or liabilities made through your password or passphrase. In no event will we be liable for the unauthorized use or misuse of your login name, account number, password or passphrase.

13. AGENTS.

You agree that, if your agent, (e.g., your Primary Contact or Account Administrative Contact, Internet Service Provider, employee) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the domain name dispute policy. Your continued use of our services ratifies any unauthorized actions of your agent. By using your login name, account number or password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement, that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent.

14. RESERVED

15. RIGHT OF REFUSAL.

We, in our sole discretion, reserve the right to refuse to register your chosen domain name or register you for other NameSecure service(s), or to delete your chosen domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we do not register your chosen domain name or register you for other NameSecure service(s), or we delete your chosen domain name or other NameSecure service(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your chosen domain name, the deletion of your chosen domain name or refusal to register you for other NameSecure service(s).

16. NOTICES AND ANNOUNCEMENTS.

  1. Except as expressly provided otherwise herein, all notices to NameSecure shall be in writing and delivered via overnight courier or certified mail, return receipt requested to NameSecure, LLC, Attention: Legal Department, 13861 Sunrise Valley Drive, Herndon, Virginia 20171. All notices to you shall be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to this Agreement) or to any e-mail address associated with your domain name registration(s) with NameSecure.

  2. You authorize us to contact you as our customer via telephone, at the number provided by you in your account information (as updated by you pursuant to this Agreement), which telephone number is incorporated herein by reference, e-mail or postal mail regarding information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails, telephone solicitations and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters.

17. SEVERABILITY.

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

18. ENTIRE AGREEMENT.

You agree that this Agreement, the rules and policies incorporated by reference in this Agreement (including, without limitation, the dispute policy and the privacy statement) are the entire, complete and exclusive agreement between you and us regarding our services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement, including, without limitation, any purchase order provided by you for the Services.

19. ASSIGNMENT AND RESALE.

Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to resell any of the Services without NameSecure's prior express written consent.

20. GOVERNING LAW.

  1. You and NameSecure agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, excluding its conflict of laws rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the Eastern District of Virginia, Alexandria Division for any disputes between you and NameSecure under, arising out of, or related in any way to this Agreement (whether or not such disputes also involve other parties in addition to you and NameSecure). If there is no jurisdiction in the United States District Court for the Eastern District of Virginia, Alexandria Division, for any such disputes, you and we agree that exclusive jurisdiction and venue shall be in the courts of Fairfax County, Fairfax, Virginia.

  2. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement.

  3. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

21. AGREEMENT TO BE BOUND.

By applying for a NameSecure service(s) through our online application process or otherwise, or by using the service(s) provided by NameSecure under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

22. INDEPENDENT PARTIES.

Neither party nor their employees, consultants, contractors or agents are agents, employees or joint ventures of the other party, and they do not have any authority to bind the other party by contract or otherwise to any obligation. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

23. WAIVER.

No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of NameSecure. The remedies of NameSecure under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

24. EXPORT RESTRICTIONS.

You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your products incorporating or using any NameSecure services in violation of the laws and regulations of any applicable jurisdiction.

25. U.S. GOVERNMENT USERS.

In the event any software is provided by NameSecure to a U.S. Government User, the software and accompanying documentation which are used as part of the NameSecure service are "commercial items," as such terms are defined at 48 C.F.R. 2.101 (Oct 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (Jun 1995), all U.S. Government entities acquiring the use of the Service and accompanying documentation shall have only those rights set forth herein.

26. FORCE MAJEURE.

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section

  1. shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and

  2. shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, NameSecure may immediately terminate this Agreement.

27. HEADINGS.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

28. SURVIVAL.

In the event this Agreement terminates as provided herein, Sections 1, 2, 5, 6, 7, 8, 9(c), 9(d), 13, and 16 through 28 of this Agreement shall survive such expiration or termination.

29. SERVICE SPECIFIC TERMS.

In addition to the terms of this Article I, the terms and conditions set forth in Article II through Article X shall apply only if you have purchased the particular service described therein.

Article II - Domain Name Registration Services

1. SECURITY.

NameSecure does not guarantee the security of your domain name registration records, and you assume all risks that the password and/or passphrase you select may be compromised as a result of fraudulent, unauthorized or illegal activity.

2. FEES AND PAYMENT.

Initial domain name registrations, and domain name registrations that have passed the registration agreement's anniversary date, must be in a paid status to transfer, delete, modify, or otherwise to request NameSecure to affect the domain name record or to provide domain name services. Domain name registrations in an unpaid status are routinely deleted on a regular basis.

2.5 Grace Period; IP Address Changes; Renewal and Transfer of Expired Domain Names on Your Behalf.

You agree that we may, but are not obligated to, allow you to renew your domain name service after its expiration date has passed. You agree that after the expiration date of your domain name registration and before it is deleted or renewed, we may direct your domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other temporary page that may include promotions and advertisements for, and links to, NameSecure's Web site, NameSecure's product and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines, and you agree that we may place our or one of our affiliated company's contact information in the WHOIS output for the expired domain name. Should you not renew your domain name services with us during any applicable grace period, you agree that unless you notify us to the contrary we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf (such a transaction is hereinafter referred to as a "Direct Transfer"), and your failure to so notify us after the domain name expiration date shall constitute your consent to such a Direct Transfer. You acknowledge and agree that the Direct Transfer process may be facilitated through a single Direct Transfer Customer, or through a brief auction involving multiple parties who are interested in your domain name, and that you will not receive any portion of the fees we or any of our vendors may receive through completing a Direct Transfer.

2.6 New Customers through a Backorder Service.

If you are registering a domain name through a backorder service and that domain name was registered with, and not yet deleted by, NameSecure at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of a Direct Transfer (defined above). If you are registering a domain name through a backorder service and the domain name was not registered with NameSecure at the time of your purchase but was deleted by the applicable top-level domain registry at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the date it is initially registered with NameSecure by the provider of the backorder service.

3. TRANSFERS AND LICENSING OF USE.

You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with us. You may transfer your domain name registration to a third party of your choice, subject to the terms and conditions set forth in Article IX below. Even if you license the use of our domain name registration services to a third party, you remain responsible for complying with all terms and conditions of this Agreement, and you accept liability for harm caused by such licensee's wrongful use of our domain name registration services.

4. NAMESECURE'S DISCLOSURE OF CERTAIN INFORMATION.

Subject to the requirements of our privacy statement, in order for us to comply the current rules and policies for the domain name system, you hereby grant to NameSecure the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a domain name:

  1. the domain name(s) registered by you;

  2. your name and postal address;

  3. the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s);

  4. the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s);

  5. the corresponding names of those nameservers;

  6. the original creation date of the registration; and

  7. the expiration date of the registration. You also grant to NameSecure the right to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via telephone, facsimile, or e-mail (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.

5. DOMAIN NAME DISPUTE POLICY.

If you registered a domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. The current version of the domain name dispute policy may be found at our Web site: http://www.namesecure.com/domainDisputePolicy.page.

6. DOMAIN NAME DISPUTE POLICY MODIFICATIONS.

You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

7. 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 our dispute policy in effect at the time of the dispute. For the adjudication of any disputes brought by a third party against you concerning or arising from your use of a domain name registered with us or your use of our domain name registration services, you (but not NameSecure) agree to submit to subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the Eastern District of Virginia, Alexandria Division and the courts of your domicile. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we 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 our prior approval. We may not allow you to make changes to such domain name record until (a) we are directed to do so by the judicial or administrative body, or (b) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us. You agree that we will comply with all court orders, domestic or international, directed against you and/or the domain name registration.

8. NO GUARANTY.

You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name.

9. REVOCATION.

You agree that we may suspend, cancel or transfer your services, including, but not limited to, domain name registration services in order to: (a) correct mistakes made by us, another registrar or the registry in registering your chosen domain name, or (b) to resolve a dispute under our domain name dispute policy.

10. SURVIVAL.

In the event the Agreement or this Article terminates, Sections 4, 5, 6, 7, 9 and 10 of this Article shall survive such expiration or termination.

11. UNDER CONSTRUCTION PAGE.

You acknowledge and agree that any or all domain names that are (a) registered with NameSecure, (b) hosted on a NameSecure domain name server, and (c) do not otherwise resolve to an active Web site, may resolve to an "under construction" or similar temporary Web page ("Under Construction Page"), and that NameSecure may place on any such Under Construction Page promotions and advertisements for, and links to, NameSecure's Web site, NameSecure product and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines. You agree that NameSecure may change the content and/or appearance of, or disable, any Under Construction Page at any time, in its sole discretion, and without prior notice. If for any reason, you do not want a domain name to resolve to the Under Construction Page described above, you may select an alternative resolution method (ex. Web Forward to another URL or One-Page Mini Site) as provided on our Web Site.

12. REQUESTS TO CHANGE REGISTRAR.

You agree that NameSecure may deny any request to transfer a domain name registration that is otherwise capable of transfer to another registrar where you fail to respond appropriately to a transfer confirmation request from NameSecure. Furthermore, you acknowledge and agree that pursuant to applicable policies adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN") related to the transfer of domain names it is possible for your domain name to be transferred to another registrar even though the transfer has not actually been approved by you, and you agree that we shall not be liable to you for any such unauthorized transfers. You also acknowledge and agree that we cannot control and shall not be liable to you for the actions of third parties, including but not limited to registry operators, in connection with a domain name transfer, or a reversal of or refusal to reverse a domain name transfer, whether or not the transfer was approved by you.

13. LOCK-PROTECT.

You agree that we may, but are not obligated to, place your domain name registration in a Lock-Protect status to prevent unauthorized transfers of your domain name registration, as described on our Web site. You acknowledge and agree that in order to transfer a domain name registration that is in a Lock-Protect status, you may first have to access the My Account manager tool on our Web site and remove the domain name registration from Lock-Protect status.

14. .BIZ DOMAIN NAME REGISTRATIONS.

In addition to the terms set forth in this Article II and Article I above, the following terms shall apply to .biz domain name registrations:

  1. Additional Representations and Warranties. If you are applying for the registration of a domain name in the .biz top-level domain ("TLD"), you also represent and warrant that: (i) the domain name will be used primarily for bona fide business or commercial purposes and not (A) exclusively for personal use or (B) 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; and (ii) the domain name is reasonably related to your business or intended commercial purpose at the time of registration.

  2. Acknowledgment of Dispute Policies and Rules. The registrant acknowledges having read and understands and agrees 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:

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

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

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



    If at the time of your application for services in the .biz TLD, any of the above policies or rules (collectively ".biz Policies") have not yet been approved by ICANN (which may mean the .biz Policies are not available for viewing via live hyperlinks above), you agree to be bound by the terms of such .biz Policies upon such approval and in the final form approved by ICANN, as posted on our Web site or the ICANN Web site (located at www.icann.org). You agree that, by maintaining the services provided hereunder (which may include registration of a domain name) after such posting of any of the ICANN approved .biz Policies, you have agreed to the terms and conditions of the same. You acknowledge that if you do not agree to the .biz Policies, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

  3. Registry Actions or Inactions. Our ability to provide services to you depends in part upon the provision of services by third parties, such as the .biz registry. We cannot control and will not be responsible for the actions or inactions of such third parties. For example, the .biz registry has reserved the right to deny, cancel or transfer any domain name registration under certain circumstances. You acknowledge and agree that we shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties, including, but not limited to, the .biz registry.

  4. Multiple Phases of Services. Your application or registration (whether successful or not) for any .biz registry or .biz TLD services hereunder does not guarantee, and we do not promise, that you will be approved or eligible for any other services available or that may become available through us or any third party. For example, certain services in the .biz TLD are provided in sequential phases, and participation in one phase, does not automatically qualify you for participation in other phases, and any further participation is not automatic. The .biz registry, and not NameSecure, determines the dates and times associated with the various service phases available in the .biz TLD. You agree to review and become familiar with the information available on our Web site and on the .biz Web site concerning the various phases and descriptions of services available in connection with .biz TLD, and to regularly check for modifications and/or updates to such information, as the same may change from time to time. You agree that you are solely responsible for applying and/or registering for the service phases you desire to participate in. Additionally, you acknowledge and agree that submission of an application for domain name registration or any other services, does not guarantee that you will ultimately be the registrant for a particular domain name, even if you participated in some other service associated with the domain name, such as an intellectual property notification service or similar service.

  5. Additional Acknowledgments Concerning Customer Information. You also acknowledge and agree that NameSecure will share with the .biz registry certain information submitted by you in your application(s) for our services, as required by our agreement(s) with the .biz registry or to provide the services you have applied for. You acknowledge and agree that any information we share with the .biz registry may be used by them to fulfill the .biz registry's service obligations to us or any third party. You hereby grant us and the .biz registry a limited, royalty-free, non-exclusive worldwide license to use all of the data contained in a Trademark

  6. Disclaimer Concerning Intellectual Property Notification Service. Your participation in an intellectual property notification service or similar service DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY PROTECTIONS OR REGISTRATIONS, NOR DOES IT PROVIDE YOU WITH ANY RIGHTS TO ANY PARTICULAR DOMAIN NAME REGISTRATION. THIS IS A NOTIFICATION SERVICE ONLY. EVEN IF YOU PARTICIPATE IN THIS SERVICE, YOU MUST STILL SUBMIT AN APPLICATION FOR DOMAIN NAME REGISTRATION SERVICES TO BE ELIGIBLE TO BECOME THE REGISTRANT FOR THE DESIRED DOMAIN NAME(S).

  7. Terms of Use for IP Claim Service. The following additional terms apply specifically to the Intellectual Property Claim Service (in this Article II, Section 14(g), the "Claim Service") made available in the .biz TLD. For purposes of this Article II, Section 14(g), "Owner" shall mean the owner of a registered or common law trademark or service mark and "Agent" shall mean the duly authorized agent of an Owner (collectively "You"), and "Registrar" shall mean NameSecure. These Terms of Use will continue to apply to all past use of the Claim Service by You, even if You are no longer using the Claim Service. You acknowledge and agree that Registrar may terminate or block Your use of all or part of the Claim Service without prior notice for any reason, including, without limitation, if Registrar believes You have engaged in conduct prohibited by these Terms of Use.

    1. The Claim Service. Registrar provides the Claim Service to holders of both registered and common law trademarks or service marks (collectively "Trademarks"). During the domain name application process, applicants for a .biz domain name ("Applicants") will be notified of an Owner's alleged intellectual property rights in a Trademark if the domain name contained in the domain name application is an exact match of the Trademark identified in an IP Claim (as defined below) submitted by Owner. You may review frequently asked questions regarding the Claim Service by reviewing our FAQs.

    2. License to Use Data / Privacy. By submitting an IP Claim, You hereby grant Registrar, as well as any of its agents or subcontractors, and the .biz registry, a limited, royalty-free, non-exclusive worldwide license to use all of the data contained in the IP Claim solely for the purposes of implementing the Claim Service, processing Your IP Claim, notifying Applicants of Your IP Claim, and for notifying You of changes to the Claim Service, and for archival purposes.

    3. The IP Claim Process. In order to submit a claim with respect to a Trademark or Trademarks ("IP Claim") through the Claim Service, You must complete an IP Claim form for each Trademark. For each IP Claim, You must submit complete contact information, representative contact information and notification details, and the details regarding the Trademark. You may specify in the representative field that an Agent may receive legal correspondence regarding the IP Claim. Once You have submitted an IP Claim, you will receive a confirmation email and a claim number. You must retain the claim number for each IP Claim You submit. Registrar will accept IP Claims until July 9, 2001, or such later date as it may determine in its sole discretion ("Close of Phase I") and no IP Claims will be accepted after that date. From the Close of Phase I until September 25, 2001 ("Phase 2"), or such other later date as Registrar may choose, in its sole discretion, the domain name applications from ICANN-approved registrars ("Applications") will be compared with the database of IP Claims processed through the Claim Service ("IP Claim Database"). For each exact match between an IP Claim in the IP Claim Database and a domain name application, the Registry Operator for .Biz ("Registry Operator") will notify the Applicant that a third party or third parties have submitted an IP Claim for the exact Trademark. The email notification to the Applicant will include, among other things, the information provided by Owner in the IP Claim, instructions on how to proceed with the registration process, and that if selected during the randomized name selection phase ("Name Selection Phase"), the domain name will be placed on a temporary thirty (30) day hold when the Registry goes "live." The Applicant will have the option to proceed with the Application or cancel the Application. If the Applicant does not respond to the email notification, or elects to cancel the Application, the Applicant's domain name application will not be processed during the Name Selection Phase. If the Applicant chooses to proceed with the registration process and the name is selected during the Name Selection Phase, that domain name automatically will be placed on a thirty (30) day "hold period" when the name is registered. After Name Selection, the Owner will be notified by Registry Operator if an Applicant has successfully registered the domain name. The Owner will then have the option of contacting the Applicant and finding a solution or using the guidelines set forth by a special dispute resolution process called the Start-up Trademark Opposition Policy ("STOP") (formerly referred to as the Start-up Dispute Resolution Policy or "SUDRP") (information available at http://www.neulevel.com/countdown/stop.html), or the Uniform Domain-Name Dispute Resolution Procedures ("UDRP") (information is available at http://www.icann.org/udrp/udrp-policy-24oct99.htm). You will not be notified if there are no Applications that exactly match an IP Claim You submitted in the IP Claim Database. USE OF THE SERVICE DOES NOT GUARANTEE THAT AN OWNER WILL BE AWARDED THE .BIZ EXTENSION FOR ITS TRADEMARK. AN OWNER THAT WISHES TO OBTAIN A .BIZ EXTENSION FOR ITS TRADEMARK MUST FILE A DOMAIN NAME APPLICATION. DOMAIN NAME APPLICANTS WILL ONLY BE NOTIFIED OF APPLICATIONS THAT ARE EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN AN IP CLAIM FORM. REGISTRAR WILL NOT VERIFY WHETHER A TRADEMARK CLAIMED ON AN IP CLAIM FORM CORRESPONDS WITH AN ACTUAL, LEGAL OR VALID TRADEMARK, NOR WILL REGISTRAR PROVIDE ANY LEGAL OVERSIGHT OR ADJUDICATION FOR ANY DISPUTED INTELLECTUAL PROPERTY IMPLICATED BY THE SERVICE.

    4. Conduct. You agree to be bound by the applicable provisions of the NameSecure Acceptable Use Policy, , which is located on our Web site at http://www.namesecure.com/policy.page and incorporated herein and made part of this Agreement by reference, in connection with your use of the services described in this Article.

    5. Fees. As consideration for the Claim Service, Registrar, or its agents or subcontractors may require you to submit and pay for each IP Claim individually or it may allow you store up a certain number of IP Claims before submitting them for processing. Once you have stored that number of IP Claims, you may not be able to store any additional IP Claims and may need to submit them for processing and pay the applicable fee before obtaining additional storage space. No refunds are permitted.

    6. Links. Some links on the Claim Service lead to sites posted by independent site owners. Because Registrar has no control over these sites, it cannot be responsible for such sites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, Registrar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any content, goods or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Registrar and the linked sites.

    7. Modifications to the Claim Service. Registrar reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Claim Service (or any part thereof) with or without notice. You agree that will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Claim Services.

    8. Third Party Beneficiary. Registry Operator ("NeuLevel") is an intended third party beneficiary of these Term and Conditions with rights to enforce these Terms of Use. You will cooperate in good faith with NeuLevel or Registrar in investigating instances of non-compliance with these Terms of Use, if NeuLevel or Registrar believes in good faith that you are not in compliance with these Terms of Use.

    9. You agree that Registrar and Registry Operator are not responsible for checking, verifying or editing message content or completeness, or for detecting errors or anomalies, or for recreating or re-transmitting data.

15. .INFO DOMAIN NAME REGISTRATIONS.

In addition to the terms set forth in this Article II and Article I above, the following terms shall apply to .info domain name registrations:

  1. Additional Provisions. You acknowledge and agree to the following:

    1. you acknowledge and agree that NameSecure will share with the .info registry certain information submitted by you in your application(s) for our services, and you consent to the use, copying, distribution, publication, modification and other processing of your personal data by the .info registry and its designees and agents in connection with the .info registry's service obligations to us or third parties, or as otherwise deemed necessary by the .info registry;

    2. you agree to submit to proceedings commenced under the Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP") (available at http://www.afilias.info/faq/sunrise-challenge.html), as these may be modified from time to time;

    3. you agree to immediately correct and update the registration information for any domain name registered hereunder during the registration term for such registered domain name; and

    4. you acknowledge that the .info registry 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: (a) the ability or inability of a registrant to obtain a registered domain name during these periods, and (b) the results of any dispute over a "Sunrise Registration."

    If at the time of your application for services in the .info TLD, the SDRP has not yet been approved by ICANN (which may mean the SDRP is not available for viewing via live hyperlink above), you agree to be bound by the terms of the SDRP upon such approval and in the final form approved by ICANN, as posted on our Web site or the ICANN Web site (located at http://www.icann.org). You agree that, by maintaining the services provided hereunder after such posting of any of the ICANN approved SDRP, you have agreed to the terms and conditions of the same. You acknowledge that if you do not agree to the SDRP, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

  2. Registry Actions or Inactions. Our ability to provide services to you depends in part upon the provision of services by third parties, such as the .info registry. We cannot control and will not be responsible for the actions or inactions of such third parties. For example, the .info registry has reserved the right to refuse or cancel any Sunrise Registration at any time and to request additional information relating to a Sunrise Registration. You acknowledge and agree that we shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties, including, but not limited to, the .info registry.

  3. No Guarantee on Registration. The .info registry, and not NameSecure, determines the dates and times associated with the various service periods available in the .info TLD. You agree to review and become familiar with the information available on our Web site and on the .info Web site concerning the various periods and descriptions of services available in connection with .info TLD, and to regularly check for modifications and/or updates to such information, as the same may change from time to time. You agree that you are solely responsible for applying and/or registering for the service periods you desire to participate in. You acknowledge and agree that submission of an application for domain name registration or any other services (regardless of when submitted), does not guarantee that you will ultimately be the registrant for a particular domain name.

  4. Disclaimer Concerning Intellectual Property Protection. Your application for a Sunrise Registration DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY PROTECTIONS OR REGISTRATIONS.

16. ccTLD SERVICES (.us.com, .uk.com, .eu.com, .de.com and .la)

  1. The following terms shall apply to registrants of domain names registered in the country-code top-level domains available for registration on our Web site, including but not limited to .us.com, .uk.com, .eu.com, .de.com and .la country-code top-level domains ("ccTLD Services"). Your registration of a domain name in any ccTLD (each a "New TLD Domain Name"), is subject to policies and service agreements established or revised from time to time by the registry (or operator of such registry) for such New TLD Domain Name ("New TLD Registry"), in its capacity as the registry for its respective Top Level Domain. Each respective New TLD Registry's current policies and service agreements ("New TLD Registry Policies") are available for you to review at each New TLD's respective website. The registry policy for .us.com, .uk.com, .eu.com, .de.com and .la can be found at http://www.centralnic.com/support/terms/domains, You agree to be bound by and comply with the applicable New TLD Registry Policies, including amendments and modifications thereto, with respect to your New TLD Domain Name registration. You acknowledge and agree that you have reviewed and satisfied yourself as to the obligations and conditions contained in the applicable New TLD Registry Policies. Such policies shall not alter the terms and conditions of this Agreement. To the extent there is a conflict between the New TLD Registry policies and the terms of this Agreement, the terms of this Agreement shall prevail. You agree that the New TLD Registry has the right to enforce the New TLD Registry Policies. With respect to any domain name registrations in the .de ccTLD, and subject to the limitation of liability and indemnification provisions contained in Sections 7 and 9, respectively, of the General Terms and Conditions of the Agreement, you authorize and direct us to designate NameSecure (or our vendor's) personnel as your administrative contact for all such domain name registrations.

  2. Submission of ccTLD Orders. Subject to the terms hereof and the applicable New TLD Registry Policies, you may, through the use of the NameSecure ccTLD Services or such other means as NameSecure may designate in writing, place orders for the NameSecure ccTLD Services. Such orders shall be submitted in the form and manner prescribed by NameSecure. By submitting an order for any ccTLD Services, You represent and warrant to NameSecure that the order is consistent with the New TLD Policies for the applicable New TLD Registry. You expressly authorize NameSecure to bind you to all terms and conditions in any corresponding registry or registrar for the ccTLD Services provided pursuant to this Section. Furthermore, you acknowledge and agree that in certain specific instances a specific New TLD Registry may require direct contact with the Registrant or through NameSecure or a third party provider of the ccTLD Services.

  3. Compliance with Registrar and Registry Policies.You are solely responsible for ascertaining the contents of any New TLD Registry Policies and any amendments or modifications thereto. You represent and warrant that any order you submit for ccTLD Services is compliant with the applicable registry policies, terms and conditions. You further represent and warrant that any information provided by or through you to NameSecure in connection with the services hereunder is accurate and complete, and submitted in the form required by the applicable registry. You also agree that you have a continuing obligation to periodically monitor such policies for any changes.

  4. Supporting Documentation. You agree to timely provide NameSecure with all information and supporting documentation reasonably requested by NameSecure to fulfill any accepted order. If such information is not provided prior to the earlier of the time required for the provision of the ccTLD Services or a period of thirty (30) days from the date of the request, or if the information provided is incorrect or false, NameSecure may terminate the portion of the order for which information was requested, and any fees paid in connection therewith shall be non-refundable or, if fees have not yet been paid, a 10% processing fee shall be applied.

  5. Warranties. You represent and warrant that any ccTLD domain name registered pursuant to an order made hereunder is registered and used for lawful purposes.

  6. Renewal Registrations. If you do not renew your Country Specific Domain Name prior to the renewal date for such country specific domain name, then you run the risk of loss of your Country Specific Domain Name. PLEASE NOTE THAT YOUR FAILURE TO RENEW YOUR COUNTRY SPECIFIC DOMAIN NAMES AND RELATED SERVICES BEFORE THE DATES LISTED BELOW WILL RESULT IN A FOURTEEN (14) DAY INTERRUPTION IN SERVICE ("INTERRUPTION PERIOD") BEFORE THE END OF YOUR THEN CURRENT TERM, AFTER WHICH YOUR COUNTRY SPECIFIC DOMAIN NAME WILL BE DELETED FROM THE REGISTRY. You acknowledge and agree that by purchasing Country Specific Domain Name services from NameSecure that NameSecure shall not be liable for the following: (1) any loss, damage or liability you incur due to any interruption caused by your failure to renew the services; (2) any loss, damage or liability you incur due to the loss of domain name registrations as a result of the failure to renew such services; and (3) your sole and exclusive remedy for any claim arising under this Country Specific Domain Name service shall be limited to those remedies provided under Section 6 (Exclusive Remedy) of this Service Agreement. NameSecure, LLC disclaims any and all liability in the loss of domain name registrations due to failure to renew services. We will endeavor to provide you notice prior to the renewal of your services at least fifteen (15) days in advance of the renewal date, so that you have enough time to make sure your credit card information is up-to-date. To ensure continuation of service, please be certain you have a valid credit card on file and please be certain you have a valid e-mail address on file.

    If you turn-off the Auto Renew feature, NameSecure will send you several notices to ensure you have enough time to renew your Country Specific Domain Names. To ensure continuation of service, please be certain you have a valid e-mail address on file.

  7. Additional Terms.

    1. Failure to comply with any of the .us.com, .uk.com, .eu.com, .de.com and .la country-specific domain name terms and conditions will be considered breach of contract and loss of domain name by, in its sole discretion, NameSecure or the applicable registry.


17. .CO DOMAIN NAME REGISTRATIONS.

  1. 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

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

     

  2. Right to Deny, Cancel or Transfer Registration. In addition to NameSecure's ability to deny, terminate, or suspend services, as provided in the Agreement, you acknowledge and agree that the .co Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the .co Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; (v) or to correct mistakes made by the .co Registry or any registrar in connection with a domain name registration, and the .co Registry also reserves the right to freeze a domain name during resolution of a dispute.

  3. Indemnity. In addition to Section 8 of the General Provisions of this Agreement on Indemnity, you agree to indemnify, defend, and hold harmless the .co Registry, its service providers, subcontractors, and their respective directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys fees and expenses, arising out of or relating to the registered .co domain name.

  4. Representations and Warranties. By submitting a request for a .co domain name, you represent and warrant that: (i) to your knowledge, the registration of your requested .co domain name does not and will not infringe upon or otherwise violate the rights of any third party; (ii) you are not submitting the request for a domain name for an unlawful purpose and you will not use the domain name for any unlawful purpose; (iii) you are not knowingly using the domain name in violation of any applicable laws, regulations or rights of third parties; and (iv) that you will use the .co domain name in accordance with all ICANN requirements and policies.

  5. Jurisdiction for Certain Disputes and Governing Law. You agree that any disputes between you and the .co Registry (but not with NameSecure) shall be subject to the laws of Colombia and the exclusive jurisdiction of the courts in Colombia. All disputes between you and NameSecure (regardless of the involvement of other parties) are subject to Section 20 (Governing Law) in the General Provisions of this Agreement.



Article III - One-Page Mini-Site

1. DEFINITIONS.

For purposes of this Article, the following capitalized terms shall have the meanings ascribed to them below:

  1. "Web site" means any pre-designed, customizable NameSecure Web site template licensed by NameSecure to end users.

  2. "One-Page Mini-Site" means a one-page Web site.

  3. "Web site Editing Tool" means the functionality made available within the NameSecure My Account manager service for the purpose of on-line design and editing that allows customers to access their Web site, add/modify content, and make generic changes to their Web site.

  4. "Web Hosting Service" means the Web hosting services provided by NameSecure or a third party through NameSecure as part of a Web site subscription.

2. ONE-PAGE MINI-SITE.

NameSecure is providing you with the capability to create and publish to the Web a One-Page Mini-Site using our Web site Editing Tool. You acknowledge and understand that in the event your NameSecure domain name services are terminated, for any reason, that your One-Page Mini-Site will be terminated, and you agree that NameSecure shall have no liability to you or any third party with respect to any such termination.

3. BANDWIDTH LIMITATIONS.

You and/or your Web site visitors can view and download a maximum of 100 Megabytes of content on your Web site per month. NameSecure reserves the right to (A) charge, and you agree to pay, an additional fee as determined by NameSecure in its sole discretion, which fee shall not exceed US $0.50 per Megabyte, for each Megabyte of usage that exceeds the bandwidth limitations set forth above, or (B) terminate your Web site and this Agreement if you exceed the bandwidth limitations set forth above.

4. CONDUCT.

You agree to be bound by the applicable provisions of the NameSecure Acceptable Use Policy, which is located on our Web site at http://www.namesecure.com/acceptableUsePolicy.page and incorporated herein and made part of this Agreement by reference, in connection with your use of the services described in this Article.

5. CANCELLATION.

You may cancel your One-Page Mini Site at any time. To cancel your One-Page Mini Site you must submit your written notice of cancellation to NameSecure (as provided herein) and include the following information: (i) Your NameSecure customer identification number and username; (ii) the registered Domain Name associated with your Web site; and (iii) your reason for requesting cancellation. Unless otherwise agreed to in writing (in either paper or electronic form), you may cancel your One-Page Mini Site at any time through the My Account Manager by selecting another forwarding option and you acknowledge and agree that you shall not be entitled to any refund or adjustment to fees paid NameSecure.

Article IV - E-Mail Services

1. DESCRIPTION OF SERVICE.

NameSecure is providing you with the capability of sending and receiving electronic mail via the Internet. You must: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the Internet; and (b) provide for your own connection to the Internet and pay any telephone service fees associated with such connection. NameSecure has set no fixed upper limit on the number of messages you may send or receive through the e-mail service; however, NameSecure restricts the number of recipients of any e-mail sent by you to two hundred (200) per e-mail and retains the right, at NameSecure's sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our services to other customers and to protect our computer systems. We, in our sole discretion, will determine whether or not your conduct is consistent with this Agreement and any NameSecure operating rules or policies and may suspend or terminate your e-mail service if your conduct is found to be inconsistent with this Agreement or such rules or policies. The e-mail service is subject to Articled (from 12:01am eastern United States time to 2:00 am Pacific United States time every Saturday) and unscheduled outages that may impact your ability to use the service. We will use commercially reasonable efforts to restore the service after any unscheduled outages. Moreover, in order to receive the e-mail service we (or our third party provider) must host your domain name zone file. If you transfer your domain name zone file to a third party in conjunction with a live Web site, or for any other reason, or allow your domain name registration to expire, you will no longer be able to use the e-mail service. We will not refund the fees you paid for our e-mail service if you elect to transfer your domain name zone file to a third party.

2. ADDITIONAL STORAGE.

NameSecure may make available to you the ability to purchase additional storage for a particular e-mail box in the specific increments described on our Web site. The additional storage will be attributed to the e-mail box designated by you during the application process, and your designation cannot be changed once made. The term of the additional storage services will run concurrently with the then-remaining term of the E-mail Service and/or the domain name to which the designated e-mail box(es) is/are associated, and the price of the additional storage services will be prorated accordingly. Termination or transfer of the domain name registration associated with the e-mail box(es) to which the additional storage is/are attributed will result in the termination of both the e-mail box(es) and any related additional storage services, and such termination shall be without refund of any fees paid. Unless provided otherwise on our Web site, in no event may a customer have more than 50 Megabytes of total data storage.

3. BILLING FOR E-MAIL SERVICE.

Billing for annual e-mail services shall be by valid credit card (acceptable to NameSecure) at the time of purchase. NameSecure, in its sole discretion, shall determine the prices it will charge for the e-mail services and NameSecure may, upon providing thirty (30) days' notice to you, amend such pricing. If you do not agree with any such change(s), you may terminate this Agreement or cancel your e-mail service subscription, as applicable, as provided herein, within such thirty (30) day period; otherwise all such changes shall thereafter be effective with respect to your account.

4. PRIVACY.

NameSecure will not monitor, edit or disclose the contents of your private communications with third parties unless required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the law or comply with legal process served on NameSecure; (b) protect and defend the rights or property of NameSecure; or (c) act under exigent circumstances to protect the personal safety of our customers or the public. You acknowledge and agree that NameSecure neither endorses the contents of any of your communications nor assumes responsibility for such content, including but not limited to any threatening, libelous, obscene, harassing or offensive material contained therein, or any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. You acknowledge and agree that certain technical processing of e-mail messages and their content may be required to: (a) send and receive messages; (b) conform to connecting networks' technical requirements; (c) conform to the limitations of the e-mail service; or (d) conform to other similar requirements.

5. CUSTOMER CONDUCT.

You agree to be bound by the applicable provisions of the NameSecure Acceptable Use Policy, which is located on our Web site at http://www.namesecure.com/acceptableUsePolicy.page and incorporated herein and made part of this Agreement by reference, in connection with your use of the services described in this Article. NameSecure's outsourcing contractors for the e-mail services shall be intended third party beneficiaries of the e-mail service customer's obligations under this Agreement and thus shall be entitled to enforce those obligations against you as if a party to this Agreement.

Article V - Web Site Forwarding and URL Gripper/Masking

1. Web Site Forwarding.

NameSecure is providing you with the capability to forward users or visitors who type in a specific domain name to another domain name designated by you through the Web Forwarding service. You represent and warrant that you have the necessary rights to use the Web Forwarding service to forward, point, alias or resolve your domain name registration(s) to the other domain name designated by you in selecting to use such services. You agree that we, in responding to a third party complaint or for any other reason, have the right, in our sole discretion, to suspend or terminate your Web Forwarding service without notice and with no obligation to refund fees paid if we determine the Web Forwarding service is forwarding users to a Web site or URL that is unsuitable or being used for any unlawful or harmful purpose, as determined in our sole discretion.

2. URL GRIPPER/MASKING.

You acknowledge and understand that the Web Forwarding service includes a Domain Masking ("URL Gripper/Masking") feature that may make your site visitors see the domain name associated with the Web Forwarding service in the window of their browser throughout their entire Web site experience, and on all Web sites linked to from your Web site while the window session remains open. You have the ability to turn the URL Gripper/Masking feature on or off at any time through My Account manager. The URL Gripper/Masking feature may not work with all Web sites depending on how they are configured and their ability to be viewed within a browser frame.

3. CUSTOMER CONDUCT.

You agree to be bound by the applicable provisions of the NameSecure Acceptable Use Policy, which is located on our Web site at http://www.namesecure.com/acceptableUsePolicy.page and incorporated herein and made part of this Agreement by reference, in connection with your use of the services described in this Article.

Article VI - WHOIS NamePrivacy Service

1. WHOIS NAMEPRIVACY SERVICE.

When you subscribe to NameSecure WHOIS NamePrivacy Service, you authorize and direct NameSecure to (a) display alternate contact information in the public WHOIS database for the Registrant, Administrative, and Technical Contacts for the applicable domain name registration, and (b) not display the fax number and NIC Handle associated with your account for the applicable domain name.

2. COMMUNICATIONS FORWARDING.

  1. By subscribing to the Private Registration Service, you authorize and direct NameSecure to process communications directed to you at the contact information displayed in the public WHOIS database as follows:

    1. E-mail Address. A private e-mail address that will automatically change in the public WHOIS database every ten (10) days is created for the applicable domain name and will be displayed in the public WHOIS database. Messages received at the e-mail address posted in the public WHOIS database will be filtered for SPAM and forwarded to the e-mail address associated with your account for the applicable domain name. Once an e-mail address is removed from the public WHOIS database it will no longer be a valid e-mail address for the receipt of messages. You acknowledge that you may not receive messages sent to an expired e-mail address.

    2. Postal Address. A P.O. Box address in care of NameSecure will be the postal address displayed in the public WHOIS database for the applicable domain name. You hereby authorize NameSecure to receive, sort, open, forward, and destroy any and all mail sent to such P.O. Box in its sole discretion. Mail received via Certified Mail or Express Mail™ will be forwarded to you via the postal mail address associated with the account for the applicable domain name. You acknowledge that it is your sole responsibility to keep your postal mail address associated with your account accurate and up to date and that NameSecure reserves the right to charge you for, and you agree to pay, any and all costs associated with forwarding postal mail to you. You acknowledge and agree that all forwarded mail that is returned to NameSecure will be returned to the sender and your WHOIS NamePrivacy Service will be terminated. You specifically acknowledge that NameSecure will destroy all third class and "junk" mail upon receipt and will either discard all such other communications received or return the same to the sender unopened. You hereby waive any and all claims arising from your failure to receive communications directed to your domain name contact information displayed in the public WHOIS database but not forwarded to you by NameSecure.

    3. Telephone Number. A telephone number that is answered by a NameSecure answering service will be displayed in the public WHOIS database for the applicable domain name. Callers will be informed of how to contact you using the information displayed in the public WHOIS database.

  2. You acknowledge and agree that by subscribing to our Private Registration Service that you will not receive all communications sent to you at the contact information listed in the public WHOIS database. You acknowledge and agree that NameSecure disclaims any and all loss or liability that may result from your use of our Private Registration Service and/or your failure to receive important correspondence sent to you at the contact information displayed in the public WHOIS database, including, but not limited to, legal notices or UDRP complaints.

  3. You agree that if you opt to have mail forwarded to you in accordance with Section 2(ii) above, that you are responsible for paying all fees and costs associated with NameSecure providing such forwarding services. NameSecure will inform you via e-mail of the applicable shipping costs, and the credit card associated with your account for the applicable domain name will be charged. The credit card transaction must be successful prior to us forwarding the correspondence to you. You are solely responsible for maintaining current and accurate credit card information on file with NameSecure, including the expiration date for such credit card.

3. NAMESECURE RIGHT TO DISCLOSE YOUR CONTACT INFORMATION AND TERMINATE THE PRIVATE REGISTRATION SERVICE.

You acknowledge and agree that NameSecure has the absolute right and power, as it deems necessary in its sole discretion, without providing notice and without any liability to you whatsoever, to

  1. reveal to third parties the contact information provided by you to NameSecure in connection with the account for the applicable domain name,

  2. populate the public WHOIS database with the registrant's name, primary postal address, e-mail address and/or telephone number as provided by you to NameSecure, or

  3. terminate your subscription to our Private Registration Service:

    1. if any third party claims that the domain name violates or infringes a third party's trademark, trade name or other legal rights, whether or not such claim is valid;

    2. to comply with any applicable laws, government rules or requirements, ICANN policies or requirements, subpoenas, court orders, requests of law enforcement or government agencies; or

    3. if any third party threatens legal action against NameSecure that is related in any way, directly or indirectly, to the domain name, or claims that you are using the domain name registration in a manner that violates any law, rule or regulation, or is otherwise illegal or violative of a third party's legal rights.

4. SUPPLEMENTAL TERMS AND CONDITIONS.

The terms and conditions of this Article VI are in addition to the terms and conditions of all other Articles of this Service Agreement related to domain name registration services.

Article VII - Zone File Control

1. ZONE FILE CONTROL SERVICE.

When you subscribe to NameSecure Zone File Control Service, NameSecure will make available an additional interface within the My Account manager tool where you can view and modify the following zone file settings: (i) A-record(s), (ii) MX-record(s), (iii) CNAME record(s) with up to 100 entries, and (iv) modifying name servers. You will make all desired changes to these available fields using the NameSecure My Account manager and will assume all responsibilities if your Web site or e-mail communications are adversely impacted by your changes.

2. REPRESENTATIONS AND WARRANTIES.

You represent and warrant that you have the necessary rights to use the Zone File Control service to modify or resolve your domain name registration(s) to the IP address designated by you when subscribing to such services. You agree that we, in responding to a third party complaint or for any other reason, have the right, in our sole discretion, to suspend or terminate your Zone File Control service without notice and with no obligation to refund fees paid if we determine the Zone File Control Service has been configured by you to point to an IP address that is unsuitable or being used for any unlawful or harmful purpose, as determined in our sole discretion. You represent and warrant that that at the time of purchase, you select which domain name you want Zone File Control Services to be associated with, and may not change that association to another domain name at any time.

3. BILLING FOR ZONE FILE CONTROL SERVICE.

Billing for annual Zone File Control Service shall be by valid credit card (acceptable to NameSecure) at the time of purchase. NameSecure, in its sole discretion, shall determine the prices it will charge for the Zone File Control Service and NameSecure may, upon providing thirty (30) days' notice to you, amend such pricing. If you do not agree with any such change(s), you may terminate this Agreement or cancel your Zone File Control Service subscription, as applicable, as provided herein, within such thirty (30) day period; otherwise all such changes shall thereafter be effective with respect to your account.

4. CUSTOMER CONDUCT.

You agree to be bound by the applicable provisions of the NameSecure Acceptable Use Policy, which is located on our Web site at http://www.namesecure.com/acceptableUsePolicy.page and incorporated herein and made part of this Agreement by reference, in connection with your use of the services described in this Article.

Article VIII - DNS Service Manager

1. DNS SERVICE MANAGER SERVICE.

When you subscribe to NameSecure DNS Service Manager Service, NameSecure will provide the following services:

  1. zone file hosting on NameSecure's name servers,

  2. Zone File Control Services,

  3. Web Forwarding Services and (iv) One-Page Mini-Site Services.

2. REPRESENTATIONS AND WARRANTIES.

You represent and warrant that you have the necessary rights to modify the domain registration IP address associated with the applicable domain name. You acknowledge and agree that

  1. the DNS Service Manager Service will not be functional until such time as you modify the IP address at your current registrar for the associated domain name and that if you do not modify your IP address with the current registrar for the associated domain name that you will be unable to use the DNS Service Manager,

  2. the domain name registration associated with the DNS Service Manager is your responsibility to maintain in good standing with your chosen domain name registrar, and that if you do not renew the domain name registration with your current registrar, or the domain name is transferred to another registrant, that the DNS Service Manager Services will be unavailable, and

  3. NameSecure, in responding to a third party complaint or for any other reason, has the right, in our sole discretion, to suspend or terminate your DNS Service Manager Service without notice and with no obligation to refund fees paid, if we determine that the DNS Service Manager has been configured by you or your agent in a way that is unsuitable or being used for any unlawful or harmful purpose, as determined in our sole discretion.

3. BILLING FOR DNS SERVICE MANAGER SERVICE.

Billing for annual DNS Service Manager Services shall be by valid credit card (acceptable to NameSecure) at the time of purchase. NameSecure, in its sole discretion, shall determine the prices it will charge for the DNS Service Manager Services and may, upon providing thirty (30) days' notice to you, amend such pricing. If you do not agree with any such change(s), you may terminate this Agreement or cancel your DNS Service Manager Service subscription, as applicable, as provided herein, within such thirty (30) day period; otherwise all such changes shall thereafter be effective with respect to your account.

4. ACCEPTABLE USE.

You agree to be bound by the applicable provisions of the NameSecure Acceptable Use Policy , which is located on our Web site at http://www.namesecure.com/acceptableUsePolicy.page and incorporated herein and made part of this Agreement by reference, in connection with your use of the services described in this Article.

Article IX - Change of Registrar Service

1. In addition to the terms in Article I (and the other applicable Articles, if any, of the Agreement), the terms of this Article shall apply to all applications for a change of registrar to NameSecure. The term "domain name" refers to the domain name identified in your Change of Registrar Application. The term "updated registrant" refers to the person or entity identified as the updated registrant in your Change of Registrar Application, if any.

2. You represent and warrant that:

  1. the information provided to NameSecure in connection with your application is accurate and complete;

  2. you are the rightful holder of the registration for the domain name;

  3. the registrar of record for the domain name as of the date of this request is the current registrar;

  4. you are not in default on any obligations you may owe to the current registrar;

  5. you are not the subject of any pending bankruptcy proceedings;

  6. you are not party to any dispute resolution proceeding concerning your use or registration of the domain name;

  7. you are not in default on any obligations you may owe to NameSecure;

  8. the domain name is not the subject of any collection proceedings, including garnishment, attachment, levy or otherwise.

The individual submitting this request represents and warrants that he/she is authorized to request a change of registrar and to apply for our registrar services. You acknowledge and agree that if there is an updated registrant referenced on the Change of Registrar Application that you and such updated registrant agree to the terms and conditions set forth in Article X of this Agreement.

3. You request that we provide registrar services for the domain name. In furtherance of your request, you have applied for our registrar services. We will have no responsibilities as registrar of the domain name unless and until we send you or the updated registrant, as appropriate, notice of acceptance of the Application.

4. You authorize us to take all actions necessary to become the registrar for the domain name, including transmitting to the appropriate Registry a request to change the Registry database to reflect NameSecure as the registrar of record. You acknowledge and agree that we shall not be responsible for any legal obligations you may owe to any third party, including the current registrar. You further acknowledge and agree that you are not entitled to a credit from us for any sums you may have paid the current registrar. You agree to release, indemnify, and hold us and our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorneys fees, of third parties arising under this Agreement.

Article X - Registrant Name Change Agreement

1. ADDITIONAL TERMS AND CONDITIONS

The following additional terms and conditions (this "Registrant Name Change Agreement" or "RNCA") apply to any change of the registrant (account holder's) name for a second-level domain name ("Registrant Name Change"), and, unless specifically noted otherwise below, apply to you whether you are listed as the registrant before the change (the "Current Registrant") or after the change (the "New Registrant"). The domain name for which this RNCA is being processed shall be referred to in this Article as the "Domain Name." The RNCA shall not be effective until both the Current Registrant and the New Registrant have indicated their agreement to the terms and conditions of the Agreement (which includes the terms and conditions of this Article). Nothing contained in this Article shall be construed as an assignment of the Current Registrant's rights under the Agreement. As used in this Article (as in the General Conditions), the word "Agreement" shall mean the NameSecure Service Agreement of which this Article is a part.

2. THE TERMS IN THIS SECTION APPLY ONLY TO THE CURRENT REGISTRANT.

You agree that you and NameSecure are currently parties to the Agreement for the registration of the Domain Name(s). You hereby relinquish your registration of the Domain Name(s) and discharge NameSecure from all obligations under the Agreement, and you release NameSecure from all claims, liabilities or demands arising from the Agreement. You further acknowledge and agree that you are not entitled to a refund of any fees you may have paid to NameSecure. You hereby authorize NameSecure to take all steps necessary to register the Domain Name(s) to the New Registrant, including without limitation, disassociating the Domain Name(s) from the host servers designated by you without further notice. You represent and warrant that you possess the authority to legally bind the Current Registrant of the Domain Name(s) being transferred.

3. THE TERMS IN THIS SECTION APPLY ONLY TO THE NEW REGISTRANT.

You acknowledge that you have reviewed and you understand the terms, conditions, representations and warranties of the Agreement in effect as of the date of your application to become the New Registrant. By applying for this Registrant Name Change, you agree to be bound by and to perform in accordance with the terms and conditions of the Agreement, which includes NameSecure' current Domain Name Dispute Policy. You also reaffirm the accuracy and completeness of all of the information submitted for the Registrant Name Change. Your registration of the Domain Name(s) shall be effective upon NameSecure' transmission of an acknowledgement to you that the Domain Name(s) has been registered to the New Registrant. You agree to pay NameSecure the RNCA processing fee set forth on our Web site, if any, by providing appropriate credit card information as requested. You represent and warrant that you are the New Registrant or possess the authority to legally bind the New Registrant of the Domain Name(s) being transferred. You acknowledge and agree, that unless you register additional registration years for the Domain Name(s), the term of your registration of the Domain Name(s) will be equal to the remaining term of the Current Registrant at the time of the Registrant Name Change.

Article XI - Domains@Discount Program

1. DOMAINS@DISCOUNT PROGRAM.

When you subscribe to the NameSecure Domains@Discount Program service, NameSecure will, subject to the terms and conditions of this Agreement, activate the service with respect to the account identified by you, and at the program level selected by you (the "Program Level"), during your application for the service (the "Domains@Discount Account"), and, unless terminated earlier as permitted in this Agreement, the service will continue for a period of one (1) year thereafter for such account. NameSecure services purchased through your Domains@Discount Account on the NameSecure Web site through logging in to your Domains@Discount Account will be priced at the then-current NameSecure Domains@Discount pricing applicable to your Program Level, as displayed in your Domains@Discount Account. Any services purchased in any manner other than through your Domains@Discount Account will not receive the NameSecure Domains@Discount pricing, but will be subject to the then-current retail pricing for such services as displayed on the NameSecure Web site.

2. PRICING FOR SERVICES PURCHASED THROUGH DOMAINS@DISCOUNT.

NameSecure will maintain Domains@Discount pricing tables for each Program Level, and such pricing schedules shall be available through your Domains@Discount Account. Pricing for NameSecure services available for purchase within each of the Program Levels will be solely determined by NameSecure, and may change at any time without notice; however, such pricing will always be less than or equal to the retail pricing otherwise applicable to such services.

3. COMPLIMENTARY ZONE FILE CONTROL.

Your Domains@Discount subscription includes a subscription to the NameSecure Zone File Control Service (as described and in this Agreement and subject to the terms and conditions contained herein which are applicable to the NameSecure Zone File Control Service) for all domain name registrations in your Domains@Discount Account. The NameSecure Zone File Control Service provided as part of the Domains@Discount subscription will terminate upon the cancellation or termination of your Domains@Discount subscription, except with respect to domain name registrations for which you have separately purchased the NameSecure Zone File Control Service. You agree that if you wish to receive Zone File Control service for any domain name registration in a Domains@Discount Account that is terminated or cancelled, you will separately purchase Zone File Control Services for those domain names.

Article XII - Web Hosting Services

1. DESCRIPTION OF SERVICE.

NameSecure is providing you storage in a shared hosting environment, and the ability for your site visitors to access your stored content via a connection to the Internet.

2. SYSTEM AVAILABILITY AND UNSCHEDULED OUTTAGES.

THE WEB HOSTING SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND NAMESECURE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NAMESECURE MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH A THIRD PARTY OR THE INTERNET. NAMESECURE DOES NOT WARRANT THAT THE SERVICES OR USE OF YOUR ACCOUNT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OF OTHER MATERIAL ACCESSIBLE VIA THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY NAMESECURE, ITS EMPLOYEES, REPRESENTATIVES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY EITHER EXPRESS OR IMPLIED.

3. YOUR RESPONSIBILITIES.

If NameSecure is not your domain registrar, in order for your site visitors to access your stored content, you must configure your domain name zone file to point to the IP address provided by NameSecure for your Web Hosting Service. If NameSecure is your domain registrar, in order for your site visitors to access your stored content, you must configure your Web Settings to point to your NameSecure Web Hosting space in the My Account Manager.

If you, for any reason, allow your domain name registration to expire or configure your domain name zone file to point to an IP address other than the one provided to you by NameSecure for your Web Hosting Services, your site visitors will no longer be able to access your stored content. NameSecure will not refund the fees you paid for our Web Hosting Service if you have allowed your domain name to expire, or if you have not properly configured your domain name zone file as directed by NameSecure.

It is your responsibility to keep your FTP username and password private, as well as your My Account Manager username and password private, so that no one else can access the Web Hosting Services through your account. You must notify NameSecure immediately upon discovering any unauthorized use of your account.

4. IP ADDRESS OWNERSHIP.

If NameSecure assigns you an Internet Protocol address for your use, the right to use that Internet Protocol address shall belong only to NameSecure, and you shall have no right to use that Internet Protocol address except as permitted by NameSecure in its sole discretion in connection with the Services, during the term of this Agreement. NameSecure shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to you by NameSecure, and NameSecure reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

5. CUSTOMER WEB SITE; CUSTOMER WARRANTIES.

You shall be solely responsible for the development, operation and maintenance of your web site, online store and e-commerce activities, for all products and services offered by you, including, without limitation (i) the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, (ii) ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and (iii) ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. You shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. You shall be solely responsible for the payment or satisfaction of any and all taxes associated with your web site and online store.

You shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that you may receive as a result of your web site or online store.

You represent and warrant to NameSecure that you own or have the right to use the Customer Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation.

6. BANDWIDTH AND STORAGE OVERAGES.

NameSecure Web Hosting Service packages each have a predefined maximum data transfer per month ("bandwidth") and maximum storage allotment ("storage"). You agree to monitor your consumption of bandwidth and storage to ensure that your account does not exceed the maximum allotments.

You agree that should your Web Hosting Services exceed the maximum bandwidth allotment that NameSecure may, in its sole discretion and without notice, lock your Web Hosting Services so that you may not upload any additional content to your storage space, and that your site visitors will not be able to access your stored content, until such time as you upgrade your package to a higher maximum allotment of bandwidth, or a new calendar month begins.

You agree that should your Web Hosting Services exceed the maximum storage allotment that NameSecure may, in its sole discretion and without notice, lock your Web Hosting Services so that you may not upload any additional content to your storage space, until such time that you remove stored content from your storage space so that the amount of stored content is less than the allocated maximum, or you upgrade your Web Hosting Services to a package that has a higher maximum storage allotment.

7. BILLING FOR WEB HOSTING SERVICES.

Billing for annual or monthly Web Hosting Services shall be by valid credit card (acceptable to NameSecure) at the time of purchase. NameSecure, in its sole discretion, shall determine the prices it will charge for the Web Hosting Services and NameSecure may, upon providing thirty (30) days' notice to you, amend such pricing. If you do not agree with any such change(s), you may terminate this Agreement or cancel your Web Hosting Service subscription, as applicable, as provided herein, within such thirty (30) day period; otherwise all such changes shall thereafter be effective with respect to your account.

Billing for monthly Web Hosting Services shall continue until you explicitly cancel your Web Hosting Service by sending an email to support@namesecure.com indicating your intent to cancel.

Monthly billing will be attempted on the monthly anniversary date of your Web Hosting Service, and will be billed in advance for the following calendar month of service. The credit card to be billed is listed in your My Account Manager billing contact, and is your responsibility to keep up to date at all times. If NameSecure cannot successfully bill for the month in advance, NameSecure may, at its sole discretion lock your Web Hosting Services so that you may not upload any additional content to your storage space, and your site visitors will not be able to access your stored content, until such time that you update the billing information in the My Account manager, and your account is able to be brought current.

8. PRIVACY.

NameSecure will not monitor, edit or disclose the contents of your stored content or private communications with third parties unless required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the law or comply with legal process served on NameSecure; (b) protect and defend the rights or property of NameSecure; or (c) act under exigent circumstances to protect the personal safety of our customers or the public. You acknowledge and agree that NameSecure neither endorses the contents of any of your communications nor assumes responsibility for such content, including but not limited to any threatening, libelous, obscene, harassing or offensive material contained therein, or any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. You acknowledge and agree that certain technical processing of e-mail messages and their content may be required to: (a) send and receive messages; (b) conform to connecting networks' technical requirements; (c) conform to the limitations of the e-mail service; or (d) conform to other similar requirements.

9. CUSTOMER'S GRANT OF LIMITED LICENSE.

By posting or submitting content to any NameSecure hosted website, you:

10. CACHING.

You expressly (i) grant to NameSecure a license to cache the entirety of the Customer Content and Customer's web site, including content supplied by third parties, hosted by NameSecure under this Agreement and (ii) agrees that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

11. NAMESECURE AS RESELLER OR LICENSOR.

NameSecure is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-NameSecure Product"). NameSecure shall not be responsible for any changes in the Services that cause the Non-NameSecure Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-NameSecure Product either sold, licensed or provided by NameSecure to you or purchased directly by you used in connection with the Services will not be deemed a breach of NameSecure's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of Non-NameSecure Product are limited to those rights extended to you by the provider of such Non-NameSecure Product. You are entitled to use any Non-NameSecure Product supplied by NameSecure only in connection with your permitted use of the Services. You shall use your best efforts to protect and keep confidential all intellectual property provided by NameSecure to you through any Non-NameSecure Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-NameSecure Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.