BULKREGISTER REGISTRATION AGREEMENT

THIS AGREEMENT HAS A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES.

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of domain name registration and related services ("Services"). In this Agreement "you" and "your" refer to you and the registrant listed in the WHOIS contact information for the domain name. "We", "us" and "our" refer to the registrars listed at the bottom of this document, any one of which will be the registrar for your domain name and all of which share common ownership, common terms and conditions, and a shared Services infrastructure. To determine which registrar your domain name is registered with, perform a WHOIS lookup at http://www.uwhois.com. You obtain the Services through your primary service provider, with whom we have a wholesale relationship (your "Primary Service Provider"). Your relationship with your Primary Service Provider may be governed by additional terms, as you and your Primary Service Provider may agree. "We," "us" and "our" does not include your Primary Service Provider, except when specifically mentioned or unless your Primary Service Provider is one of us (i.e., if your Primary Service Provider is also one of the registrars listed at the bottom of this document).

  1. YOUR AGREEMENT: By using the Services, you agree to all terms and conditions of this Agreement; ICANN Policies, as published from time to time at icann.org; any rules, agreements, or policies of any registry of a relevant top-level domain name; the UDRP (defined below); the URS (defined below); and any rules, policies, or agreements of any relevant government. You explicitly agree that violation or refusal to comply with of any ICANN policy is a violation of this Agreement and may result in immediate termination of this Agreement.

  2. CHANGES TO THIS AGREEMENT: This Agreement may change over time, either through amendments by us, changes to ICANN policy or applicable law which may or may not be reflected in the text of this Agreement, or otherwise. Before any material changes to this Agreement become binding on you (other than changes resulting from a change in ICANN policy or applicable law), we or Your Primary Service Provider will notify you of such changes by, for example, sending email to you at your email address of record. If, as a result of such a change, you no longer agree with the terms of this Agreement, your exclusive remedies are (a) to transfer your domain name registration services to another registrar, or (b) to cancel your Services, including domain name registration services, with us. Your continued use of the Services following notification of a change in this Agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds you: (1) thirty (30) days after we or Your Primary Service Provider notify you of the change, or (2) immediately if such change is a result of a new or amended ICANN policy or applicable law.

  3. REGISTRANT RIGHTS AND RESPONSIBILITIES: ICANN has developed, in consultation with registrars, a webpage that identifies important registrant rights and responsibilities. The document provides a "plain language" summary of terms related to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA), for posting on registrar websites. While some of the terms included do not specifically refer to registrants, those terms are included because of the potential import to understanding registrar/registrant relations. The document also summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the RAA. The summarization of terms within this document do not override or replace the terms set forth in the RAA or within those specifications or policy. Please review these important Registrant Rights and Responsibilities.

  4. YOUR ACCOUNT: You must create an account to use the Services ("Account"). Your Account is typically managed and/or provided by your Primary Service Provider. You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of your Account by you or any third party.

    1. ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:

      1. You must provide certain current, complete and accurate information about you with respect to your Account information and with respect to the WHOIS information for your domain name(s). Within seven (7) days of any change to such information, you must update such information as needed to keep it current, complete and accurate. What you are required to submit will vary by registration but may include the administrative, technical, and billing contacts for your domain name registration(s) and other Services: name, postal address, e-mail address, voice telephone number, and where available, fax number. Not all data elements will be required for every domain registration, but the required elements will be detailed at time of registration or renewal. The type of information you are required to provide may change and you must provide such information and keep your Account information current. Not providing requested information may prevent you from obtaining all Services.

      2. You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase "Name Only" Services, we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from "Name Only" Services.

    2. AND DATA SHARING:

      Data required for the registration of a domain name varies by top-level domain. The required data for a domain name registration (�Minimum Data�) will be presented at the time of registration or renewal and may include up to:

      • Name and postal address of the Registered Name Holder;
      • Registered name;
      • Names of the primary nameserver and secondary nameserver(s) for the Registered Name;
      • Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
      • Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
      • Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.
      The Minimum Data will be shared with Enom and may be shared with the relevant authoritative registry services provider for your top-level domain. The identity of the authoritative registry services provider can be found at https://www.iana.org/whois. The Minimum Data for domains in any TLD you have registered can be found in the Data Use Information Page.
    3. ACCOUNT REVIEW, DATA MODIFICATION OR DELETION.

      To access, view, update, delete or download data associated with your domain name registration, you must be signed into your account. If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements. In some cases, when data is necessary for the provisioning of service, deletion of data may cancel or suspend the services you have purchased. If you have difficulty accessing your data, modifying it, or deleting it, you may request assistance by sending email to DPO @ Enom.com or using the contact information at https://www.enom.com/terms/privacy.aspx.
    4. OBLIGATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION:

      1. If, in obtaining Services, you provide information about or on behalf of a third party, you represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) obtained the third party's express written consent to the disclosure and use of that party's information as set forth in this Agreement.

      2. You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful or abusive purpose, including but not limited to the infringement of any intellectual property right or other right; the distribution of malware; the abusive operation of botnets; phishing; fraudulent or deceptive practices; the unauthorized transfer to yourself or any other party of any domain name or Services; counterfeiting; or any other activity in violation of any laws, rules, or regulations (the "Illegal Uses"). Providing inaccurate or unreliable information, failing to update information within seven (7) days of any change, engaging in any Illegal Uses, or failing to respond for over fifteen (15) days to inquiries by us concerning the accuracy of Account and WHOIS contact information will constitute an incurable material breach of this Agreement and be a basis for suspension and/or cancellation of the Services.

      3. You are responsible for regularly monitoring email sent to the email address in your Account. You may lose your rights to the domain name(s) or your right to receive the Services if you do not respond appropriately and timely to an email sent in conjunction therewith.

    5. ACCESSING YOUR ACCOUNT:

      1. In order to change any of your Account or domain name WHOIS information, you must access your Account with your Primary Service Provider, or your Account with us. It is your duty to safeguard your Account login identifier and password from any unauthorized use. Any person in possession of your Account login identifier and password will have both the ability and your authorization to modify your Account and domain name information, initiate transfers of your domain name(s) to other registrars, initiate registrant changes to your domain names which may terminate your rights to use such domain name(s), update DNS changes to your domain name(s) which may result in changes to the content associated with your domain name(s) and take other actions which may affect or terminate your rights and access to your domain name(s) and/or the Services.

      2. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and such reasonable precautions include procedures for releasing Account access information to parties who claim to have lost Account access information. If we take reasonable precautions in relation thereto, IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND IN PARAGRAPH 13 BELOW IN THIS AGREEMENT.

      3. If you contact us alleging that a third party has unauthorized access to your Account or domain names, we may charge you administrative fees, currently set at fifty dollars ($50) per hour, for our time spent in relation to the matter, regardless of whether or not we return control over the Account and/or domain name(s) to you. You will indemnify us for any reasonable attorneys' fees and costs we may incur in relation to the matter, even if those fees and costs accrue as a result of defending an action, or responding to a threat of an action, initiated by you or a third party.

    6. SHARING OF WHOIS INFORMATION:

      1. We will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, any ICANN-authorized escrow service, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. We may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws, including by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us.

      2. ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.

  5. OUR SERVICES:

    1. DOMAIN NAME REGISTRATION.

      1. We are accredited registrars with ICANN for generic top level domain names ("gTLDs") (such as .com, .net, .org, etc.). ICANN oversees registrations and other aspects of the gTLDs. We also are registrars for a variety of country code top level domain names ("ccTLDs") (such as .co.uk, .de, etc.). For a partial list of registry administrators and for more information on gTLDs, see http://www.icann.org/tlds/.Domain name registrations are not effective until the registry administrator puts them into effect. Domain name registrations are only for limited terms which end on the expiration date. For domain names which are created as a new registration out of the pool of available domain names, the term begins on the date the domain name registration is acknowledged by the applicable registry. For domain name registrations which were not returned to the pool of available domain names, the term begins on the date the previous registrant's domain name registration was acknowledged by the applicable registry.

      2. We and your Primary Service Provider are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator, including those arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration. You acknowledge that domain name registration is a service, domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, domain name registration services do not create a property interest and you have no such property interest in any domain name(s) which you may register with us.

      3. If you submit an application for pre-registration of a domain name, we do not guarantee that the domain name will be secured for you, or that you will have immediate access to the domain name if secured. In the event two (2) or more pre-registration applications are received for the same domain name and the domain name is secured, all applicants will be invited to a private auction to decide who gets the domain name. If you are such an applicant and wish to participate in the auction, you must first acknowledge any trademark claims notice that is shown to you and agree to any additional terms and conditions which may be applicable. We reserve the right to cancel any pre-registration request at any time and for any reason.

    2. AFTER MARKET DOMAIN NAMES:

      1. We offer for sale domain names that are registered to third parties (also known as aftermarket domain names) in a variety of top level domain names ("After Market Domain Name(s)"). All After Market Domain Name registrations are offered on a first come, first served basis. If you are the first to complete an After Market Domain Name registration application for a particular domain name, including payment of the purchase price we designate, we will initiate a transfer of the relevant After Market Domain Name to your Account. If the After Market Domain Name is at another domain registrar at the time of your purchase, we will transfer your purchased After Market Domain Name to us at no cost to you and will add one year to the existing registration period. If the After Market Domain Name is already located with us as the domain registrar at the time of your purchase and it has ninety (90) days or less from the date of your purchase before expiration, we will renew your After Market Domain for you for free. If the After Market Domain Name is already located with us as the domain registrar at the time of your purchase and it has ninety-one (91) days or more before expiration, you are responsible for all renewal fees. Any subsequent renewals of the After Market Domain Name will be charged at the then-current renewal fee. Once you submit your order for an After Market Domain Name, you have entered into a valid, binding and enforceable contract to pay the designated purchase price for the After Market Domain Name. Because we are selling After Market Domain Names initially registered to third parties, we have no control and make no representations regarding the accuracy or legality of domain names advertised, the accuracy or legality of any domain name listing, or the right and the ability of the third party seller to transfer the After Market Domain Name or complete the transaction. We do not control whether or not third party sellers will complete a transaction. We reserve the right to reject or cancel your After Market Domain Name registration for any reason including, but not limited to, any pricing errors. In the event your After Market Domain Name registration is rejected or cancelled by us, for any reason, we will refund in full the amount of the purchase price for the After Market Domain Name as your sole remedy.

      2. Once the After Market Domain Name is transferred into your Account, such After Market Domain Name may not be transferred away from us to another registrar during the first sixty (60) days following the transfer, during which time the After Market Domain Name may be placed on transfer lock. All of your obligations under this Agreement which apply to the registration or renewal of domain name(s) created by you apply to any After Market Domain Name(s) acquired by you, including but not limited to prohibition against any Illegal Uses.

    3. NOT INCLUDED IN THE SERVICES:

      1. We are not responsible to determine whether the domain name(s) you select, or the use you or others make of the domain name(s), or other use of the Services, infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use or allow others to use infringe legal rights of others.

      2. We might be ordered by a court or arbitrator to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your Account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. Our policy is to comply with court orders from courts of competent jurisdiction as well as UDRP and URS Panel decisions. If you contact us informing us that you are contesting a court order from a court of competent jurisdiction, we may, but are not obligated to, place a transfer lock on the domain name pending the outcome of the dispute. If you contact us informing us that you are contesting an adverse UDRP or URS Panel decision, your time limits and procedures to do so are subject to the requirements set forth in the UDRP or URS. We will not delay implementation of a UDRP or URS Panel decision based solely on your informing us that you intend to contest the decision.

    4. USE OF FREE SERVICES:

      1. In consideration for providing additional optional Services for which we do not charge an additional fee, including, but not limited to, free trials, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other free services which we may introduce from time to time (as such list may be modified by us from time to time) ("Free Services"), we may display advertising in conjunction therewith through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, appendices to emails, or any other advertising means, and we may aggregate for our own use, related usage data by means of cookies and other similar means. You will not be entitled to any of the proceeds we may earn as a result of such advertising. We may discontinue any Free Services at any time with or without providing you prior notice.

      2. From time to time we may provide you with free or low-cost domain name(s) registration services ("Promotional Name(s)"). If we do so, the services for the Promotional Name(s) will be placed in the same Account as your other domain name(s) and you will be listed as the registrant, though we may point the Promotional Name to IP address(es) of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other Accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and the terms of this Agreement will apply to such Promotional Name(s). If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and we may be listed as the domain name registrant or we may delete such domain names or make them available to others. For any domain name services, including these Promotional Names, for which you are listed as registrant but for which you do not pay the registration or renewal fee, we may assign name-servers to the domain name and point the domain name to IP address(es) designated by us until the registration or renewal fee is paid.

  6. SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:

    1. We and your Primary Service Provider may reject your domain name registration application or elect to discontinue providing Services to you for any reason within thirty (30) days of a Service initiation or a Service renewal. Outside of this period, we and your Primary Service Provider may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) allegations of illegal conduct or infringement of any third party intellectual property right or other right, (v) failure to keep your Account or WHOIS information accurate and up to date, (vi) failure to respond to inquiries from us for over fifteen (15) calendar days, (vii) failure to comply with ICANN or registry policies, or (viii) if your use of the Services involves us in a violation or alleged violation of any third party's rights or acceptable use policies, including but not limited to the transmission of unsolicited email or the violation or alleged violation of any intellectual property right or other right. No fee refund will be made when there is a suspension or termination of Services for cause.

    2. At any time and for any reason, we may terminate the Services thirty (30) days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name within such thirty (30) day notice period or risk that we may delete your domain name, transfer the registration services associated with your domain name to ourselves or a third party, or suspend or modify Services related to your domain name. If we terminate Services for a reason other than cause, we will provide a pro-rata refund of your fees.

    3. If we terminate or suspend the Services provided to you under this Agreement, we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously provided to you. If we have grounds to terminate or suspend Services with respect to one domain name or in relation to other Services provided through your Account, we may terminate or suspend all Services provided through your Account.

    4. We and any registry reserve the right to deny, cancel, or transfer any domain name registration or transaction, or place any domain name(s) on lock, hold, or similar status, as we or the registry deem necessary, in either our or the registry's unlimited and sole discretion: (i) to protect the integrity and stability of the registry; (ii) to comply with any applicable registry policies and/or procedures or ICANN rules and regulations, including without limitation, the registry agreement; (iii) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (iv) to avoid any liability, civil or criminal, on the part of us or the registry, as well as our or the registry's affiliates, subsidiaries, officers, directors, and employees; (v) to correct mistakes by us, another registrar, or the registry in connection with the domain name; (vi) following an occurrence of any of the prohibited activities described in Section 4.b.ii above; (vii) per the terms of this Agreement; or (viii) for the resolution of disputes concerning the domain name.


  7. FEES AND TAXES:

    1. You agree to pay, prior to the effectiveness of the desired Services, the applicable Service fees set forth on the Pricing Page or otherwise communicated to you. In the event any of the fees for Services change, we will use reasonable efforts to give you thirty (30) days prior notice of such changes on the Pricing Page or by other reasonable means. Please check the Pricing Page often for any changes to our Services fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.

    2. Unless specified otherwise, the fees for the Services do not include taxes. If we are required to pay ICANN fees or United States or international sales, use, property, value-added ("VAT"), royalty, license, or other taxes based on your use of the Services, then you must pay such fees or taxes. This section does not apply to taxes based on our income.


  8. PAYMENT ISSUES: In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Services, we and/or your Primary Service Provider may suspend access to any and all Accounts you have with us and/or your Primary Service Provider and all interests in and use of any domain name registration services, website hosting, and/or email services, including all data hosted on our systems and/or on the systems of your Primary Service Provider may be assumed by us or your Primary Service Provider, as the case may be, or may be terminated. We may reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fees and our then-current reinstatement fee set forth on the Pricing Page or otherwise communicated to you. Reinstatement of Services by your Primary Service Provider may be according to the terms between you and your Primary Service Provider relating to reinstatement. If you have an issue with credit card or other payment charges, you should contact your Primary Service Provider, first, and us, second, regarding the issue before you contact your credit card or other payment process company to request a charge back or reversal of the charges.

  9. EXPIRATION AND RENEWAL OF SERVICES: It is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. With respect to domain name registration services, we and/or your Primary Service Provider will email a renewal notification approximately one (1) month and approximately one (1) week prior to each such domain name's expiration. In addition, if a domain name is not renewed, we and/or your Primary Service Provider will email an additional renewal notification within five (5) days after the expiration of such domain name's registration. All renewal notifications will be sent to primary contact for the Account associated with the domain name registration. It is your responsibility to maintain current and accurate credit card information should any Services be placed on "auto-renew." We and/or your Primary Service Provider will notify you when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Services, we may attempt to renew the Services a reasonable time before expiration, provided your credit card or other billing information is available and up to date. It is your responsibility to keep your billing information up to date and we are not required to, but may, contact you to update this information in the event that an attempted transaction is not processed successfully. Please note: for certain top level domain names, the automatic renewal option is not available.

  10. EXPIRATION OF A DOMAIN NAME REGISTRATION: Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry's database, we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and we may either leave your WHOIS information intact or we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.

    1. Reactivation Period Process. For a period of approximately thirty (30) days after expiration of the term of domain name registration services, we may provide a procedure by which expired domain name registration services may be renewed. We may, but are not obligated to, offer this process, called the "reactivation period." You assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. We may, in our sole discretion, choose not to offer a reactivation period and we shall not be liable therefore. The reactivation period renewal process, if any, may involve additional fees which we and your Primary Service Provider may determine. We may make expired domain name services(s) available to third parties, we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or expired domain name registration services may be re-registered to any party at any time.

    2. After the reactivation period, if any, we may:

      1. Discontinue the domain name registration services at any time thereafter without notice. In which case, certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. We will participate in this process, typically called the "Redemption Grace Period" ("RGP"), for each gTLD registry administrator that provides it. We may, in our sole discretion, choose not to participate in the RGP process with respect to any or all of your ccTLD domain name registration services and we shall not be liable therefore. If available, RGP typically ends between thirty (30) and forty-two (42) days after the end of the reactivation period of the domain name services. The current RGP fee is set forth on the Pricing Page and does not include any registration fees that may also be due. We are not obliged to contact you to alert you that the domain name registration services are being discontinued; or

      2. Pay the registry's registration fee or otherwise provide for the registration services to be continued. In which case, we may then set the name-servers and the DNS settings for the domain name services, we may set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. We do not have to pay you any of the proceeds we may earn as a result. We are not obliged to contact you to alert you that the domain name registration services are being continued. The domain name will be designated as being in the extended redemption grace period ("ERGP"), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay the ERGP fee (which is the same as the RGP fee) plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you have abandoned the domain name services, and relinquish all interests and use of the domain name services; or

      3. If we auctioned the domain name services to a third party, we may transfer the domain name registration services to such third party. In which case, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services prior to the end of the reactivation period, as such reactivation period applied to you. We are not obliged to contact you to alert you that the domain name registration services are or were auctioned. We do not have to pay you any of the proceeds we may earn as a result of such an auction.

  11. TRANSFERS:

    1. Transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP and URS as described in Section 17 of this Agreement, as these policies may be modified from time to time. To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is required to transfer domain services in an EPP registry (such as .org). Alternatively, you should contact your Primary Service Provider to have your domain name(s) services locked or unlocked or to obtain the EPP "AuthCode." If your Primary Service Provider is unresponsive, you may contact us to have your domain name(s) locked or unlocked or to obtain the EPP "AuthCode" though we may first contact your Primary Service Provider to request that the Primary Service Provider address the request. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within sixty (60) days of initial registration, within sixty (60) days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and losing registrars as outlined in ICANN's transfer policies. Transfer requests typically take five (5) business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire, in which event you may need to reinstate the transfer request following a redemption of the domain name, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.

    2. Upon initial registration, we may place a "Registrar Lock" ("ClientTransferProhibited" status) on your domain name services and this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed, which may be done within your Account.

    3. You explicitly authorize us to act as your "Designated Agent" (as defined in ICANN's transfer policy) to approve each "Change of Registrant" (as defined in ICANN's transfer policy) on your behalf.

  12. OWNERSHIP OF INFORMATION AND DATA: We own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. We own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the registrant and all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of Services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.

  13. AGENTS AND LICENSES: If you are registering a domain name for or on behalf of someone else, you represent that you have the authority to and will bind that person as a principal to all terms and conditions provided herein. If you license the use of a domain name you register to us or a to third party, you remain the domain name holder of record, and remain responsible for all obligations at law and under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration and for ensuring non-infringement of any third party intellectual property rights or other rights.

  14. LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE SERVICES, (b) USE OF THE SERVICES, (c) INTERRUPTION OF SERVICES OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (h) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (i) APPLICATION OF ANY DISPUTE POLICY. NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS (US$400.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  15. INDEMNITY: You hereby release and agree to indemnify, defend, and hold us, ICANN, the registry operators, and your Primary Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and court costs, for third party claims relating to or arising under this Agreement, including any breach of any of your representations, warranties, covenants or obligations set forth in this Agreement, the Services provided hereunder, or your use of the Services, including, without limitation, infringement or alleged infringement by you, or by anyone else using the Services, of any intellectual property or other right of any person or entity, or from the violation or alleged violation of any of our or ICANN's operating rules or policies relating to the Services provided. We may seek written assurances from you in which you promise to indemnify, defend, and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name Services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification (a) required under the UDRP, URS, or any other ICANN policy or any policy of any relevant registry; or (b) set forth elsewhere in this Agreement.

  16. REPRESENTATIONS AND WARRANTIES: YOU REPRESENT AND WARRANT THAT NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL OTHERWISE SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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 OUR E-MAIL SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  17. DISPUTE RESOLUTION POLICY: You are bound by all ICANN consensus policies and all policies of any relevant registry, including but not limited to: (i) the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm along with the UDRP Rules and all Supplemental Rules of any UDRP provider; and (ii) the Uniform Rapid Suspension System ("URS"), which is available at http://newgtlds.icann.org/en/applicants/urs, along with the URS Rules and all Supplemental Rules of any URS provider. The UDRP and URS may be changed by ICANN (or ICANN's successor) at any time. If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP and URS in effect at the time your domain name registration is disputed by the third party. 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 of the UDRP and URS. If you or your domain name is the subject of litigation, we may deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate.

  18. GOVERNING LAW AND JURISDICTION FOR DISPUTES:

    1. Except as otherwise set forth in the UDRP, URS, or any similar ccTLD policy, with respect to any dispute over a domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington.

    2. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration in King County, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY FORM OF A CLASS PROCEEDING. Further, unless both you and we expressly agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class proceeding. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your Account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your Account and/or domain name WHOIS information.

    3. Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you shall submit without objection, without prejudice to other potentially applicable jurisdictions, to the subject matter and personal jurisdiction of the courts (i) of the domicile of the registrant as it appears in the public WHOIS record for the domain name(s) in controversy, and (ii) where we are located, currently those State or federal courts whose geographic districts include Bellevue, Washington.

  19. NOTICES: Any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account and/or domain name WHOIS information you have provided.

  20. ADDITIONAL REGISTRY REQUIREMENTS. Some registries have additional contractual requirements that you agree to by registering domain names from those registries. You are responsible for reviewing any terms and conditions applicable to or provided by such registries. You can find more information about these additional contractual terms here: https://www.enom.com/terms/terms-reseller-additional.aspx

  21. GENERAL: This Agreement and all applicable ICANN policies and the policies of any relevant registry, including but not limited to the UDRP and URS, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. You represent, warrant, and agree that upon entering into this Agreement, that you are not relying upon and have not relied upon any representation, promise, or statement made by anyone which is not recited, contained, or embodied in this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us. The parties hereby incorporate the requirements of 41 CFR 60-1.4(a), 300.5(a) and 741.5, if applicable.

Questions? Call sales at 1 (425) 274-4500 or visit our Help Center where you can get simple and quick product support.



SCHEDULE A TO REGISTRATION AGREEMENT
GENERAL TERMS APPLICABLE TO REGISTRATION, RENEWAL AND TRANSFER OF DOMAIN NAMES

  1. gTLD Registration, Administration and Renewal.

    eNom401, Inc. d/b/a BulkRegister ("BulkRegister") is an accredited registrar with ICANN for various generic top-level domain names, including .com, .net, .org, .biz, .info, .name and .pro ("gTLDs"). See Schedules B through E for additional terms and conditions with respect to various gTLDs.

  2. ccTLD Registration, Administration and Renewal.

    In addition to registering and renewing gTLDs, BulkRegister also registers and renews various country code top level domains ("ccTLDs"). The registry administrator or operator for each ccTLD varies by individual country code. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by these registry administrators or operators for their respective registries only. (Click to see Schedule F and Annex A thereto for additional terms and conditions with respect to ccTLDs.)

  3. No Guarantee of Registration or Renewal. As a domain name registrar, BulkRegister is, upon accepting your application to register or renew a domain name, your sponsor for that application. No domain name registrations shall be deemed effective unless and until BR delivers the domain name registration or renewal application you provide BR to the appropriate registry administrator, as applicable, and that registry administrator accepts your application and activates your domain name registration or renewal. You acknowledge and agree that BulkRegister does not guarantee that you will be able to register or renew a desired domain name, even if BR's systems indicate that domain name is available. You also understand that BulkRegister cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that BulkRegister is not responsible for any inaccuracies or errors in the domain name registration or renewal process. You are solely responsible for making sure that your registration or renewal has been properly processed. You further acknowledge and agree that BulkRegister, or the applicable registry administrator or operator, may elect to accept or reject your application for registration or renewal for any reason in its sole discretion, including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that BulkRegister is not liable or responsible in any way for any errors, omissions or any other actions by any third party, including any registry administrator, arising out of or related to your application for and registration of, renewal of, or failure to register or renew, a particular domain name. You also 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.

  4. Your Representations. By applying to register a domain name, or by asking BR to maintain or renew a domain name registration, you hereby represent and warrant to BR that (a) the statements that you made in connection with such registration, maintenance or renewal are complete and accurate; (b) the registration of the domain name will not conflict with, infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name in bad faith or for an unlawful purpose, including, without limitation, tortious interference with contractual relationships, unfair competition, injuring the reputation of another, or for the purpose of confusing or misleading visitors to a website; and (d) you will not use the domain name in violation of any applicable laws or regulations or BulkRegister's rules or policies. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights.

  5. Domain Name Registrant. BulkRegister considers the person or entity controlling the Member handle and password for a particular domain name registration (referred to as the authorization code, or "auth" or "AUTH INFO" code by various registry operators) to be the registrant of that domain name, unless the Member supplies specific information regarding the registrant and the registrant accepts this Agreement. In any event, the Member is the agent of any other person using the domain name, with full authority to act on such person's behalf with respect to the domain name registration or any other Services obtained from BulkRegister, including, but not limited to, the authority to terminate, transfer (where permitted by this Agreement), or modify such Services, or obtain additional Services.

  6. Automatic Renewal of Domain Name Registrations. All domain names registered with or transferred to BulkRegister may be set to automatically renew for your convenience and to help to prevent unwanted deletion of a registration. The automatic renewal Service will attempt to renew your specified domain names on the renewal date for a one year term (or such longer term as may be required by a particular registry administrator) by charging the most recent credit card on file with BR or your account the then-current retail price for such renewal seven (7) days before the expiration date. The automatic renewal Service is provided as a convenience for you but in no way guarantees a desired renewal. It is your obligation to affirmatively renew any desired domain name. In addition, BulkRegister has no obligation to attempt to renew your domain name if your most recent credit card on file with BR for your account is not accepted according to BulkRegister's payment processing systems. BULKREGISTER SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW A DOMAIN NAME AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement. You also acknowledge and agree that if you want BulkRegister's automatic renewal Service to apply to your registrations, you must affirmatively opt in to this automatic renewal Service (either with respect to a particular domain name registration or all of your domain name registrations) by contacting customer service or by visiting the BulkRegister Website. Your failure to affirmatively opt in to the automatic renewal Service may jeopardize your desired renewal. For your convenience, an auto-renew email reminder will be sent to your email address set forth in your registration application at least fifteen (15) days prior to the renewal date and, upon renewal, a renewal notification will also be sent to notify you that your domain name has been reserved.

  7. Security. BulkRegister does not guarantee the security of your domain name registration records, and you assume all risks that the security option you select is compromised as a result of fraudulent, unauthorized or illegal activity.

  8. 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 BulkRegister 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.

  9. 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 BR. You may transfer your domain name registration to a third party of your choice, subject to the procedures located on the BulkRegister Website regarding transfers. Even if you license the use of BR's 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 BR's domain name registration Services, unless you promptly disclose the identity of such license upon request by any person who provides reasonable evidence of actionable harm.

  10. Domain Name Dispute Policy.
    1. Policy Generally. If you registered a domain name through BR for yourself or another party, you agree to be bound by BR's 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 the BulkRegister Website: http://www.bulkregister.com/dispute.html. You agree that BulkRegister, in its sole discretion, may modify its dispute policy. BulkRegister will post any such revised policy on the BulkRegister Website at least fifteen (15) 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. BulkRegister will not refund any fees paid by you if you terminate your Agreement with BulkRegister. In addition, you acknowledge that you have read, understood and agree to be bound by all terms and conditions of the UDRP, as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all gTLD and ccTLD domain name registrations or renewals. (Click here for a current copy of the UDRP.)

    2. Domain Name Disputes. You agree that, if your use of BR's domain name registration services is challenged by a third party, you will be subject to the provisions specified in BR's dispute policy in effect at the time of the dispute. For any dispute with, or challenge by, a third party concerning or arising from your use of a domain name registered with BR or your use of BR's domain name registration services, you agree to submit to subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the District of Western Washington, or if there is no jurisdiction in such court, then in Seattle, Washington. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold BulkRegister harmless pursuant to the terms and conditions set forth below in this Agreement. If BulkRegister is notified that a complaint has been filed with a judicial or administrative body regarding your use of its domain name registration Services, you agree not to make any changes to your domain name record without BulkRegister's prior approval. BulkRegister may not allow you to make changes to such domain name record until (i) BulkRegister is directed to do so by the judicial or administrative body, or (ii) BulkRegister receives notification by you and the other party contesting your registration and use of BulkRegister's 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 BulkRegister's domain name registration Services, BulkRegister may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate. You understand and acknowledge that BulkRegister will comply with all court orders, domestic or international, directed against you and/or the domain name registration.

  11. Revocation. You agree that BulkRegister may suspend, cancel or transfer your Services, including, but not limited to, domain name registration Services in order to: (i) correct mistakes made by BulkRegister, another registrar or the registry in registering your chosen domain name, or (ii) to resolve a dispute under BulkRegister's domain name dispute policy.

  12. Under Construction Page. You acknowledge and agree that any or all domain names that are (i) registered with BulkRegister, (ii) hosted on a BulkRegister domain name server, and (iii) do not otherwise resolve to an active Website, may resolve to a parking page or under construction page ("Temporary Page") designated by BulkRegister, and that BulkRegister may place on any such Temporary Page promotions and advertisements for, and links to, BulkRegister's Website, BulkRegister's Services, third-party Websites, third-party product and service offerings, and/or Internet search engines. You agree that BulkRegister may change the content and/or appearance of, or disable, any Temporary Page at any time, in its sole discretion, and without prior notice. If for any reason, you do not want your domain name to resolve to the Temporary Page described above, you may select a Temporary Page that does not contain links to BulkRegister's Website, promotions and links to specific BulkRegister Services, third party advertisements, or Internet search engines, as provided on the BulkRegister Website.




SCHEDULE B TO SERVICES AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .BIZ TLD

In addition to the terms set forth in this Agreement and Schedule A of this Agreement, the following terms shall apply to .biz domain names.

  1. Additional Representations and Warranties. If you are applying for the registration of a domain name in the .biz TLD, you hereby certify that:
    1. the domain name will be used primarily for bona fide business or commercial purposes and not
      1. exclusively for personal use or
      2. 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
    2. the domain name is reasonably related to your business or intended commercial purpose at the time of registration. In addition, you represent and warrant that
      1. you have the authority to enter into this Agreement,
      2. the data provided in your domain name registration application is true, correct, up to date and complete, and
      3. you will keep such information up to date.
  2. Acknowledgment of Dispute Policies and Rules. 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 UDRP, available at http://www.icann.org/udrp/udrp.htm;
    2. The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.biz/stop_overview/index.html (to the extent STOP may still be applicable to you if you are involved with the .biz Registry Operator's Intellectual Property Claim Service); and
    3. The Restrictions Dispute Resolution Policy, available at http://www.neulevel.com/countdown/rdrp.html.

    You agree that, by continuing to use any of the Services provided hereunder (which may include registration and use of a .biz domain name) after the posting on BulkRegister's or the .biz Registry Operator's website of any revisions to or new 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. BR will not refund any fees paid by you if you terminate your Agreement with BR.

  3. Registry Actions or Inactions. BR's ability to provide Services to you depends in part upon the provision of services by third parties, such as the .biz Registry Operator, NeuLevel, Inc. BR cannot control and will not be responsible for the actions or inactions of such third parties. For example, the .biz Registry Operator has reserved the right to deny, cancel or transfer any domain name registration under certain circumstances. You acknowledge and agree that BR 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 Operator. You agree to indemnify, defend and hold harmless NeuLevel, Inc., and its directors, officers, employees and agents, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration.

  4. Multiple Phases of Services. Your application or registration (whether successful or not) for any .biz domain name hereunder does not guarantee, and BR does not promise, that you will be approved or eligible for any other Services available or that may become available through BR 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 Operator, and not BulkRegister, 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 the BulkRegister Website and on the .biz website 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 BulkRegister will share with the .biz Registry Operator certain information submitted by you (either regarding you, or your customer if you are a reseller) in your application for BR's Services, as required by BR's agreement with the .biz Registry Operator or to provide the Services you have applied for. You acknowledge and agree that any information BR shares with the .biz Registry Operator may be used by it to fulfill the .biz Registry Operator's service obligations to BR or any third party. You hereby grant BR and the .biz Registry Operator a limited, royalty-free, non-exclusive worldwide license to use all of the data contained in your application.

  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. Survival of Terms. You agree that the indemnity provisions set forth in this Schedule shall survive any termination of the Agreement.

  8. Conduct. You agree to be bound by the applicable provisions of the .biz Registry Operator's Acceptable Use Policy, incorporated herein and made part of this Agreement by reference, in connection with your use of the Services described in this Schedule.

  9. Third Party Beneficiary. NeuLevel, Inc. is an intended third party beneficiary of this Agreement with rights to enforce this Agreement with respect to issues relating to the .biz gTLD. You will cooperate in good faith with NeuLevel, Inc. or BR in investigating instances of non-compliance with this Agreement, if NeuLevel, Inc. or BulkRegister believes in good faith that you are not in compliance with this Agreement.

  10. Content and Data. You agree that BulkRegister and NeuLevel, Inc. 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.




SCHEDULE C TO SERVICES AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .INFO TLD

In addition to the terms set forth in Sections 1 through 17 and Schedule A of this Agreement, the following terms shall apply to .info domain names.

  1. Additional Provisions. You acknowledge and agree to the following:
    1. BulkRegister will share with the .info Registry Operator, Afilias Limited, certain information submitted by you in your application(s) for BR's Services relating to the .info TLD, and you consent to the use, copying, distribution, publication, modification and other processing of your personal data by the .info Registry Operator and its designees and agents in connection with the .info Registry Operator's service obligations to BR or third parties, or as otherwise deemed necessary by the .info Registry Operator;

    2. you will submit to proceedings commenced under the UDRP and, with respect to remaining "Sunrise Challenges", if any, 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; (iii) you will immediately correct and update the registration information for any domain name registered hereunder during the registration term for such registered domain name; and (iv) the .info Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to your .info domain name registration, including, without limitation:

      1. the ability or inability of a registrant to obtain a .info registered domain name, and
      2. the results of any dispute over a .info domain name registration.
  2. Registry Actions or Inactions. BR's ability to provide Services to you depends in part upon the provision of services by third parties, such as the .info Registry Operator. BR cannot control and will not be responsible for the actions or inactions of such third parties. For example, the .info Registry Operator has reserved the right to issue a Sunrise Challenge, at any time, to domain names that were registered during the .info Sunrise Period, all as described in more detail in the Dispute Resolution Section of the .info Registry Operator's website located at http://www.afilias.info/register/dispute_resolution/ and the subparts thereof. You acknowledge and agree that BR 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 Operator.

  3. No Guarantee on Registration. The .info Registry Operator, and not BulkRegister, 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 the BulkRegister Website and on the .info website 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 .info domain name registration DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY PROTECTIONS OR REGISTRATIONS.

  5. Use of Other Registrars. You agree that BR may, but is not obligated to, submit your registration application and/or information through another ICANN accredited registrar ("Third Party Registrar") if BR believes, in BR's sole discretion, that doing so will provide you with a better opportunity for successfully registering a .info domain name. Should BR's submission result in the registration of a .info domain name for you, you acknowledge and agree that you will also then be a customer of the Third Party Registrar through which your domain name is registered. If BR does submit your registration application and/or information through a Third Party Registrar, and a .info domain name is registered to you through that Third Party Registrar, you agree that in addition to your agreement with BulkRegister, you will be bound by the following terms and conditions in this Agreement with respect to the Third Party Registrar for so long as you are receiving registration services through that Third Party Registrar:

    1. Sections 1 through 17;
    2. Schedule A; and
    3. This Schedule.

    You agree that BulkRegister shall have the right, but not the obligation, to submit a change of registrar request to the Third Party Registrar, if any, through which your domain name is registered to transfer the sponsorship of your domain name to BulkRegister at any time after the expiration of sixty (60) calendar days from the registration of the domain name, and you hereby authorize and direct BulkRegister to effect such a transfer if BulkRegister decides, in its sole discretion, that it wishes to effect such a transfer. You will not be required to pay any transfer or new service fees to affect the transfer.




SCHEDULE D TO REGISTRATION AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .NAME TLD

In addition to the terms set forth in this Agreement and Schedule A of this Agreement, the following terms shall apply to .name domain names.

  1. Eligibility Requirements. You represent and warrant that every registration you are applying for in the .name TLD satisfies the eligibility requirements ("Eligibility Requirements") established by Global Name Registry Ltd., the registry for the .name TLD, which are available at the following URL: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm

  2. Dispute Resolution Policies. You agree that every Service for which you register is subject to the UDRP and, to the extent it remains applicable, the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"). Without limiting the foregoing, you agree that (i) every Defensive Registration is subject to challenge pursuant to the ERDRP; (ii) if a Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registration Holder will pay the challenge fees; (iii) if a challenge to a Defensive Registration is successful, the Defensive Registration will be subject to the procedures described in the ERDRP and the Eligibility Requirements including, without limitation, the cancellation of the Defensive Registration Holder's other Defensive Registrations. In the event the Defensive Registration Holder is unable to demonstrate the foregoing with respect to any Defensive Registration, the Defensive Registration will be cancelled.

  3. Limitation of Liability. In addition to the other limitations of liability contained herein, you agree that neither the .name registry nor BulkRegister shall have any liability of any kind for any loss or liability resulting from (i) the processing of registration requests for .name domains, including, without limitation, your ability or inability to obtain a Registered Name, a second-level domain e-mail address registration (an "SLD E-mail Address"), a Defensive Registration, or a NameWatch Registration using the services provided by BulkRegister or the .name registry; or (ii) any dispute over any Registered Name, SLD E-mail Address, Defensive Registration, or NameWatch Registration, including any dispute resolution proceeding related to any of the foregoing.

  4. Registry Actions or Inactions. BR's ability to provide Services to you depends in part upon the provision of services by third parties, such as the .name registry. BR cannot control and will not be responsible for the actions or inactions of such third parties. You acknowledge and agree that BR 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 .name registry.




SCHEDULE E TO REGISTRATION AGREEMENT
ADDITIONAL TERMS APPLICABLE TO REGISTRANTS OF DOMAIN NAMES IN CONNECTION WITH .PRO TLD

  1. General. In addition to the terms set forth in this Agreement and Schedule A of this Agreement, you acknowledge having read and understand and agree to be bound by, the terms and conditions of this Schedule, which are applicable to your .pro domain name registration, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

    1. You represent and warrant that the data provided in the Registered Name or Defensive Registration .pro application is true, correct, up to date, and complete; and that you will at all times during the term of its registration keep the information provided above up to date;

    2. You represent and warrant that you satisfy the applicable .pro restrictions at the time of registration;

    3. You represent and warrant that the registration satisfies the digital security requirements stated in Appendix L of the .pro Registry Agreement;

    4. You agree to be subject to the Qualification Challenge Policy and the UDRP;

    5. You agree not to make any representation to any person or entity that expressly or impliedly conveys that the registration of the domain name in any way signifies or indicates that you possess any general or specific professional qualifications, including, but not limited to, professional qualifications in a particular field;

    6. You certify that you have the authority to enter into this Agreement;

    7. For applications during the Sunrise Period for .pro domain names, you certify that the registration qualifies for a Sunrise Registration, as set forth in Appendix J of the Registry Agreement between BR and the .pro Registry Operator.

    8. For Intellectual Property Defensive Registrations, including Sunrise Registrations, you agree to be subject to the Intellectual Property Challenge Defensive Registration Challenge Policy.

    9. You agree to the use, copying, distribution, publication, modification and other processing of your personal data by the .pro Registry Operator and its designees and agents in a manner consistent with the purposes specified in this Schedule.

    10. You acknowledge that the .pro Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period including, without limitation: (i) the ability or inability of any registrant to obtain a .pro registration during this period, and (ii) the results of any dispute over a Sunrise Registration.

    11. You acknowledge that BR reserves the right to reject any application to register a domain name for any reason or no reason, including but not limited to if either BR or the .pro Registry Operator reasonably believes the registration does not satisfy the conditions for a registration (including, without limitation, the Sunrise Registration conditions or .pro eligibility requirements).

  2. Incorporation of .pro Restrictions and Challenge Processes. You acknowledge having read, and understand 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 UDRP, available at http://www.icann.org/dndr/udrp/policy.htm
    2. For registration agreements relating to Intellectual Property Defensive Registrations, including Sunrise Registrations: The Intellectual Property Defensive Registration Challenge, available at http://www.registrypro.com/policies/eligibility.php;
    3. The Qualification Challenge Policy and Rules, available at http://www.icann.org/tlds/agreements/pro/registry-agmt-appm-30may03.htm;
    4. The .pro TLD restriction requirements, available at http://www.registrypro.com/policies/eligibility.php;
    5. For registrations of Registered Names, the .pro TLD digital certification requirements, available at http://www.registrypro.com/policies/eligibility.php; and
    6. Procedures for any applicable Verification Toolkit. You represent and warrant that, at all times during the term of the .pro registration, you will meet the .pro registration requirements set forth by the .pro Registry Operator for the registration of your domain name. You are required to provide prompt notice to BR if you fail to meet such registration requirements. BulkRegister and/or Registry Operator shall have the right to immediately and without notice to you, suspend, cancel or modify your registration if, at any time, you fail to meet the registration requirements for such domain name or Defensive Registration.
  3. Indemnification. You agree to indemnify, defend and hold harmless BulkRegister and the .pro Registry Operator, its subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from any and all claims, demands, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, in any way arising out of, relating to, or otherwise in connection with the registration. This indemnification obligation survives the termination or expiration of the registration agreement.




SCHEDULE F TO REGISTRATION AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES
RELATING TO THE COUNTRY CODE TOP-LEVEL DOMAINS

In addition to the terms and conditions set forth in this Agreement and Schedule A of this Agreement, the following terms shall apply to Services that BR offers with respect to various ccTLDs. Your registration of a domain name in any ccTLD (each a "TLD Domain Name") is subject to the additional terms, conditions and policies established or revised from time to time by the specific registry for such TLD Domain Name ("ccTLD Registry"). You are responsible to review and abide by each respective ccTLD Registry's current terms, conditions and policies ("TLD Registry Policies"), which are available for you to review at each TLD Registry's respective website. Click here for Annex A, which sets forth brief abstracts with respect to ccTLDs that BR offers (including .us, which is described in more detail on Schedule G of this Agreement) and links to the TLD Registry Policies for each ccTLD included on Annex A, which will be supplemented from time to time as BR offers new ccTLDs. You agree to be bound by and comply with the applicable TLD Registry Policies, including amendments and modifications thereto, with respect to your TLD Domain Name registration, regardless of whether a current link to such TLD Registry Policies is located on Annex A. You acknowledge and agree that you have reviewed and satisfied yourself as to the obligations and conditions contained in the applicable TLD Registry Policies. Such policies shall not alter the terms and conditions of this Agreement. To the extent there is a conflict between the TLD Registry Policies and the terms of this Agreement, the terms of this Agreement shall prevail. You agree that the ccTLD Registry has the right to enforce the TLD Registry Policies. By submitting an order for any ccTLD Services, you represent and warrant to BulkRegister that the order is consistent with the applicable TLD Registry Policies established by the applicable ccTLD Registry. Through this Agreement and the disclosure on the BulkRegister Website, if BR is supplying any of your personal data to a third party service provider or any applicable ccTLD Registry in connection with registration or renewal of a TLD Domain Name, including BR's Privacy Policy, BR is hereby providing notice to you of, and you hereby consent to: (i) the purposes for which your personal data has been collected, (ii) the intended recipients or categories of recipients of your personal data, (iii) which parts of your data are obligatory and which parts, if any, are voluntary; and (iv) how you can access and, if necessary, rectify the data held about you. With respect to any domain name registrations for any ccTLD which require (i) a presence in the country; (ii) an agent to act on a registrant's behalf; or (iii) a registrant e-mail address of record, you authorize and direct BR and/or the applicable registry administrator, to take any such action necessary to effect the domain name registration, subject to the limitation of liability and indemnity provisions contained in Section 8 and 9 of this Agreement.

In addition to the terms set forth in the Agreement and Schedules A and F of this Agreement, the following terms shall apply to .us domain names.

  1. Nexus Requirements/Certification. You certify that you have and shall continue to have a lawful bona fide U.S. nexus, as required by the .us top-level domain ("TLD") administrator, NeuStar, Inc. (".us Registry"), and that you meet all of the .us nexus requirements (".us Nexus Requirements") set forth below (and as represented by you in the registration application information provided by you to BulkRegister). You must be (and you certify that you are) either:

    1. A natural person (i) who is a United States citizen, (ii) a permanent resident of the United States of America or any of its possessions or territories, or (iii) whose primary place of domicile is in the United States of America or any of its possessions [Nexus Category 1]; or

    2. An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories [Nexus Category 2]; or

    3. An entity or organization (including a federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States of America or any of its possessions or territories [Nexus Category 3]. If you are claiming Nexus Category 3, you certify that you have a "bona fide presence in the United States" on the basis of real and substantial lawful contacts with, or lawful activities in, the United States of America.

  2. Name Servers Certification. You certify that the name servers listed by you in connection with your application for domain name registration services in the .us TLD are located within the United States.

  3. Your obligation to Satisfy Nexus Requirement. You acknowledge and agree that it is your responsibility, through the registration process (and, if applicable, as required subsequent to your application), to provide the information necessary to satisfy the .us Nexus Requirements, and that a failure by you to satisfy the .us Nexus Requirements may result in, among other things, (i) the domain name application(s) being rejected by BulkRegister and/or the .us Registry, (ii) the domain name(s) being placed on "hold" by BulkRegister and/or the .us Registry, and/or (iii) the domain name(s) being deleted by BulkRegister and/or the .us Registry. Neither BulkRegister nor the .us Registry (nor any other entity or person) shall be liable to you for any actions or inactions of any of them resulting from your failure to provide all required .us Nexus Requirements information at the time of registration (or, where applicable, subsequent to registration), and none of them shall have any obligation to request or attempt to obtain from you additional information to establish your compliance with the .us Nexus Requirements, even if the need for such information is known by any of them.

  4. Nexus Dispute Policy. You agree to be bound by the Nexus Dispute Policy ("NDP") administered by the .us Registry (or a third party designated by the .us Registry), which policy and its applicable forms are located on the .us Registry's website at the URL: www.neustar.com. You agree to abide by all decisions rendered by the .us Registry (or its third party designee) in connection with the NDP.

  5. Dispute Resolution Policy. You agree that you are bound by the United States Dispute Resolution Policy set forth on the .us Registry's website at the URL: www.neustar.com

  6. Registry Actions or Inactions. BR's ability to provide Services to you depends in part upon the provision of services by third parties, such as the .us Registry. BR cannot control and will not be responsible for the actions or inactions of such third parties. You acknowledge and agree that BR 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 .us Registry (for example, the .us Registry reserves the right to deny, delete, transfer or freeze any domain name registration for a variety of reasons, none of which BulkRegister can control).

  7. Accurate Information. Without limiting the other provisions of the Agreement, your willful or grossly negligent provision of inaccurate or unreliable information, or your willful or grossly negligent failure promptly to update information provided to BulkRegister, shall constitute a material breach of this Agreement and shall be a basis for cancellation of the domain name(s) applied for hereunder.

  8. Application Submission. You acknowledge and agree that BulkRegister will be submitting your .us domain name application(s) to the .us Registry through Neustar, and that all applications submitted by you hereunder (except for Sunrise applications, where applicable) will be submitted by BulkRegister on or after the date upon which the .us Registry goes live.

  9. .kids.us Domain. The .kids.us domain was established by the U.S. government to provide a trusted secure online space for children 13 and under. To apply for a .kids.us domain name, you must meet the Nexus Requirements set forth above.

    In order to maintain a .kids.us domain, the content you post must be "kid-friendly," which means that it cannot include any mature content or pornography, inappropriate language, violence, hate speech, references to drugs, alcohol or tobacco, gambling, weapons or other unsuitable subject matter. In addition, .kids.us web sites will not be permitted to enable two-way or multi-user interactive services or links to URLs outside of the .kids.us domain.

    To ensure compliance with the Dot Kids Implementation and Efficiency Act and other applicable laws, a "Content Manager" has been established by NeuStar and the National Telecommunications and Information Administration ("NITA") to promulgate rules and policies for reviewing content on .kids.us web sites. At this time, any content must initially be approved by the Content Manager before it may reside on the .kids.us domain. Once the website is live, the Content Manager will review the content periodically to check compliance with the restrictions on prohibited subject matter. If there is an alleged violation, the domain operator may have an opportunity to correct the problem or undergo an additional review. If the offense is severe, the Content Manager may immediately remove the website, pending further review.




SCHEDULE G TO REGISTRATION AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .US TLD

In addition to the terms set forth in the Agreement and Schedules A and F of this Agreement, the following terms shall apply to .us domain names.

  1. Nexus Requirements/Certification. You certify that you have and shall continue to have a lawful bona fide U.S. nexus, as required by the .us top-level domain ("TLD") administrator, NeuStar, Inc. (".us Registry"), and that you meet all of the .us nexus requirements (".us Nexus Requirements") set forth below (and as represented by you in the registration application information provided by you to BulkRegister). You must be (and you certify that you are) either:

    1. A natural person (i) who is a United States citizen, (ii) a permanent resident of the United States of America or any of its possessions or territories, or (iii) whose primary place of domicile is in the United States of America or any of its possessions [Nexus Category 1]; or

    2. An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories [Nexus Category 2]; or

    3. An entity or organization (including a federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States of America or any of its possessions or territories [Nexus Category 3]. If you are claiming Nexus Category 3, you certify that you have a "bona fide presence in the United States" on the basis of real and substantial lawful contacts with, or lawful activities in, the United States of America.

  2. Name Servers Certification. You certify that the name servers listed by you in connection with your application for domain name registration services in the .us TLD are located within the United States.

  3. Your obligation to Satisfy Nexus Requirement. You acknowledge and agree that it is your responsibility, through the registration process (and, if applicable, as required subsequent to your application), to provide the information necessary to satisfy the .us Nexus Requirements, and that a failure by you to satisfy the .us Nexus Requirements may result in, among other things, (i) the domain name application(s) being rejected by BulkRegister and/or the .us Registry, (ii) the domain name(s) being placed on "hold" by BulkRegister and/or the .us Registry, and/or (iii) the domain name(s) being deleted by BulkRegister and/or the .us Registry. Neither BulkRegister nor the .us Registry (nor any other entity or person) shall be liable to you for any actions or inactions of any of them resulting from your failure to provide all required .us Nexus Requirements information at the time of registration (or, where applicable, subsequent to registration), and none of them shall have any obligation to request or attempt to obtain from you additional information to establish your compliance with the .us Nexus Requirements, even if the need for such information is known by any of them.

  4. Nexus Dispute Policy. You agree to be bound by the Nexus Dispute Policy ("NDP") administered by the .us Registry (or a third party designated by the .us Registry), which policy and its applicable forms are located on the .us Registry's website at the URL: www.neustar.com. You agree to abide by all decisions rendered by the .us Registry (or its third party designee) in connection with the NDP.

  5. Dispute Resolution Policy. You agree that you are bound by the United States Dispute Resolution Policy set forth on the .us Registry's website at the URL: www.neustar.com

  6. Registry Actions or Inactions. BR's ability to provide Services to you depends in part upon the provision of services by third parties, such as the .us Registry. BR cannot control and will not be responsible for the actions or inactions of such third parties. You acknowledge and agree that BR 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 .us Registry (for example, the .us Registry reserves the right to deny, delete, transfer or freeze any domain name registration for a variety of reasons, none of which BulkRegister can control).

  7. Accurate Information. Without limiting the other provisions of the Agreement, your willful or grossly negligent provision of inaccurate or unreliable information, or your willful or grossly negligent failure promptly to update information provided to BulkRegister, shall constitute a material breach of this Agreement and shall be a basis for cancellation of the domain name(s) applied for hereunder.

  8. Application Submission. You acknowledge and agree that BulkRegister will be submitting your .us domain name application(s) to the .us Registry through Neustar, and that all applications submitted by you hereunder (except for Sunrise applications, where applicable) will be submitted by BulkRegister on or after the date upon which the .us Registry goes live.

  9. .kids.us Domain. The .kids.us domain was established by the U.S. government to provide a trusted secure online space for children 13 and under. To apply for a .kids.us domain name, you must meet the Nexus Requirements set forth above.

    In order to maintain a .kids.us domain, the content you post must be "kid-friendly," which means that it cannot include any mature content or pornography, inappropriate language, violence, hate speech, references to drugs, alcohol or tobacco, gambling, weapons or other unsuitable subject matter. In addition, .kids.us web sites will not be permitted to enable two-way or multi-user interactive services or links to URLs outside of the .kids.us domain.

    To ensure compliance with the Dot Kids Implementation and Efficiency Act and other applicable laws, a "Content Manager" has been established by NeuStar and the National Telecommunications and Information Administration ("NITA") to promulgate rules and policies for reviewing content on .kids.us web sites. At this time, any content must initially be approved by the Content Manager before it may reside on the .kids.us domain. Once the website is live, the Content Manager will review the content periodically to check compliance with the restrictions on prohibited subject matter. If there is an alleged violation, the domain operator may have an opportunity to correct the problem or undergo an additional review. If the offense is severe, the Content Manager may immediately remove the website, pending further review.




SCHEDULE H
DNS AND RELATED SERVICES

In addition to the terms and conditions set forth in Agreement of this Agreement, the following terms and conditions apply to BulkRegister's Domain Name System ("DNS") Services, including URL forwarding, email forwarding, cloaking, customizable default parking, MX record management and other DNS Services which may be offered from time to time by BulkRegister directly or through one or more contract service providers (the "Contract Service Providers" or "CSPs").

  1. Services. Additional terms, conditions, rules and notices set forth in BulkRegister's DNS Service Policies (the "DNS Policies") apply to the DNS Services and can be accessed at http://bulkregister.com/dnsTerms.html. The DNS Policies are hereby incorporated by reference into this Agreement. The DNS Services are offered to you conditioned on your acceptance without modification of the terms and conditions contained herein and of the DNS Policies, and your compliance with all such terms, conditions and DNS Policies. You understand that BulkRegister does not provide hosting services for your website, and that you may need to make separate arrangements with a hosting company in addition to the Services provided hereunder. You further acknowledge and agree that you may use DNS Services to link your domain name to or forward to a Web address, but you may not use DNS Services for unlawful purposes, in violation of any applicable laws or regulations or the DNS Policies, or for the forwarding of a domain name not registered in your name, or the forwarding to an invalid forward to address.

  2. Term. The term of your initial subscription for DNS Services is for a period of one (1) year from the Access Date (as hereinafter defined). At least ten (10) days prior to the expiration of the initial term and any renewal term, BR will provide you with an opportunity to renew the DNS Services for an additional renewal term of one (1) year, which shall commence upon receipt by BulkRegister of all applicable fees (as provided on the BulkRegister Website) and shall be governed by this Agreement, including the terms and conditions of this Schedule and the DNS Policies in effect at the time of renewal. BulkRegister shall use its commercially reasonable efforts to enable Customer to commence access to the Services for which Customer has properly registered on the soonest reasonably practicable date (the "Access Date") following proper completion by Customer of registration. Notwithstanding the foregoing, neither BulkRegister nor any CSPs will be responsible or liable for any delay in the Access Date for any reason, including, without limitation, equipment delays, telephonic service delays, or any other reason, and Customer's sole remedy for any such delay shall be to cancel the Services, whereupon Customer will be entitled to a refund of any portion of the fee for the current term which has not been used for costs, expenses or set up services, as determined by BulkRegister in its sole discretion.

  3. Fees. Initial fees will be due and payable upon the establishment of a DNS account. Yearly renewal fees will be due and payable thirty (30) days in advance of the renewal date, unless otherwise specifically provided in writing by BulkRegister. Customer is responsible for paying all applicable taxes relating to the use of the DNS Services, for all use of the DNS Service accessed through Customer's account, and for all usage charges accrued thereunder whether or not they are authorized by the Customer. In the event of unauthorized access to the Customer's account, Customer must promptly notify BulkRegister. Customer will remain responsible for all charges to Customer's account until BulkRegister is so notified and has had a reasonable opportunity to cancel access to the account. BulkRegister may suspend any DNS Services until all payments are made or cancel any DNS Services for which fees have not been paid within ten (10) days of the date due.

  4. Prohibited Conduct. BulkRegister offers you the capability to forward website users or visitors who type in a specific domain name to another domain name designated by you through BulkRegister's URL forwarding Service. You represent and warrant that you have the necessary rights to use the URL forwarding Service to forward, point, alias or resolve domain name(s) to the other domain name designated by you in ordering such services. You agree that BulkRegister, in responding to a third party complaint or for any other reason, has the right, in BulkRegister's sole discretion, to suspend or terminate your URL forwarding Service without notice and with no obligation to refund fees paid if BulkRegister determines that the URL forwarding Service is being used to forward users to a website or URL that is unsuitable or is being used for any unlawful or harmful purpose, as determined in BulkRegister's sole discretion. The following conduct is prohibited on any website used for BR's URL forwarding Services:

    1. the uploading, posting or otherwise transmitting of any User content on websites that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    2. the impersonation of any person or entity, including, but not limited to, a BulkRegister or CSPs official, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

    3. the forgery of any headers or other manipulation of identifiers in order to disguise the origin of any User website transmitted through the DNS Service or the development of restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

    4. the uploading, posting or other transmittal of any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    5. the uploading, posting or other transmittal of any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

    6. the uploading, posting or other transmittal of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

    7. the uploading, posting or other transmittal of any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    8. disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of BulkRegister's Services are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges;

    9. intentionally or unintentionally violating any applicable local, state, national or international law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

    10. "stalking" or otherwise harassing another;

    11. collecting or storing personal data about other users without their express permission;

    12. promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals (including, but not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites);

    13. exporting software or technical information in violation of U.S. export control laws;

    14. attempting to access the accounts of others, or attempting to penetrate security measures of BulkRegister or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;

    15. sending of the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients (including the sending of unsolicited mass mailings from another service that in any way implicates the use of BulkRegister's Service, BulkRegister's equipment or any BulkRegister electronic mail address);

    16. posting any MP3 format files;

    17. installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines that generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others; or

    18. any resale or any exploitation for any commercial purposes of any of the Services, including but not limited to, the DNS Services, by any and all means unless approved in advance in writing by BulkRegister.

  5. Disclaimer of Warrantees: Limitation of Liability.
    1. BulkRegister, either directly or through one or more of its CSPs, will use its commercially reasonable efforts to provide the DNS Services in accordance with industry standards. BulkRegister will make a good faith adjustment (as determined by BulkRegister in its sole discretion) to any amount paid or payable by the Customer for the use of the DNS Services in the event of a failure of the DNS Services which renders the DNS Services unusable for a period in excess of 36 hours in any 30 day period, unless (and to the extent) caused by or resulting from acts or omissions of Customer or its Internet service provider or based upon acts or conditions beyond BulkRegister's reasonable control, including without limitation any force majeure events listed in Section 15 of this Agreement. Such adjustment will be available, however, only if Customer reports any such problems to BulkRegister at support@bulkregister.com promptly (and in any event within 48 hours) upon discovery and requests such an adjustment within five (5) business days following any such failure. Notwithstanding any other provision of this Agreement, in no event shall BulkRegister's liability hereunder, or the liability of any CSP, exceed for any reason the amount paid by Customer to BulkRegister for the DNS Services during the most recent term.

    2. YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE DNS SERVICES IS ENTIRELY AT YOUR OWN RISK. THE DNS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND CUSTOMER ACKNOWLEDGES THAT NEITHER BULKREGISTER NOR ITS CSPs HAVE MADE ANY REPRESENTATIONS OR WARRANTIES HEREUNDER OR IN CONNECTION WITH THE DNS SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, RELIABILITY OR FUNCTIONALITY OF THE DNS SERVICES OR THAT THE DNS SERVICES WILL BE AVAILABLE OR ACCESSIBLE ON A CONTINUOUS BASIS OR THAT SUCH ACCESSIBILITY WILL NOT BE LIMITED OR INTERRUPTED FROM TIME TO TIME. BULKREGISTER AND ITS CSPs SPECIFICALLY DISCLAIM ANY SUCH REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT.

    3. CUSTOMER ACKNOWLEDGES THAT NEITHER BULKREGISTER NOR ANY OF ITS CSPS SHALL BE LIABLE OR RESPONSIBLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE AND OTHER INDIRECT DAMAGES, INCLUDING LOST PROFITS OR SIMILAR ECONOMIC DAMAGES OF ANY TYPE OR NATURE, EVEN IF BULKREGISTER OR ITS CSPS HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT ITS SOLE REMEDY FOR ANY SUCH FAILURE IS THE ADJUSTMENT PROVIDED IN THE SECOND SENTENCE OF SECTION 5(I) HEREOF. Customer further acknowledges that BulkRegister does not monitor or review any of the Customer Material (as hereinafter defined) in the ordinary course of its business. However, Customer agrees that BulkRegister or any of its CSPs may, upon receipt of a complaint with respect to any Customer Material, or any other reason, take such measures as BulkRegister deems necessary or desirable to prevent such Customer Material from being accessible through the DNS Services. Notwithstanding the foregoing, it is understood that BulkRegister shall have no obligation to prevent such access and no liability to Customer or any third party for preventing access, or for failing to prevent access, to any Customer Material. You agree and acknowledge that you are fully responsible for your actions and for your and your customers' websites, including, but not limited to, any content located on or linked to, or any opinions or views expressed in, such websites. You further agree and acknowledge that BulkRegister may cancel or delete any domain name forwarded to any such websites or any portion thereof that BulkRegister deems unacceptable for any reason, and may suspend or cancel your access to and use of the DNS Service for any violation of the terms and conditions in this Agreement, in BulkRegister's sole discretion, and without prior notice to you. You further agree and acknowledge that BulkRegister is not responsible for any damage, cost or expense caused by or resulting from loss of access to, or deletion or alteration of such websites.

  6. Customer Materials; Representations; Indemnification; Policies.
    1. Customer represents and warrants that any material which Customer, directly or through others, places on a website or uses in connection with the DNS Services, with or without Customer's authority, or on the Internet and/or the Web through the DNS Services, including Customer's domain name(s) (collectively, the "Customer Material") will not (a) violate the rights of any third party, including but not limited to any third party patent, copyright, trade secret, trademark, service mark or other intellectual property rights, and will not give rise to any claim of such violation; (b) violate any federal, state or local law, rule or regulation of any type or nature (civil or criminal), including without limitation, laws with respect to obscenity, indecency, harassment, and export controls; or (c) contain or transmit any software disabling devices or internal controls including, without limitation, time bombs, viruses or the like. Neither BulkRegister nor its CSPs warrant or review the accuracy of any DNS or other information related to the Services.

    2. By using BR's DNS Services, Customer represents and warrants to BR and its CSPs that Customer (a) owns the zones Customer is registering, (b) is using resources that Customer has the right to use in this manner (for example, IP address space), (c) is not using resources that it does not have the right to use, (d) will not violate and is not violating any applicable local, state, federal or international laws and regulations, including without limitation laws protecting intellectual property in all forms (e.g., copyrights, trademarks, patents and trade secrets), and, if such violations occur, these violations are the sole responsibility of the Customer and not BR or its CSPs; and (e) has completely and properly completed the Member Registration Form, and all information provided by or relating to Customer therein is true, correct and complete in all respects.

    3. Customer shall indemnify and hold BulkRegister and its CSPs, and their respective employees, agents, shareholders, officers, directors and successors and assigns, harmless from and against, and shall defend them from, any and all claims, damages, liabilities, costs and expenses (including attorneys' fees and expenses and settlement costs, collectively, "Damages") arising out of any breach by Customer of any of the representations, warrantees or agreements set forth in the Member Registration Form or this Agreement, including these terms and conditions or any DNS Policies.

    4. Customer agrees to comply with the DNS Policies with respect to the DNS Services, as such policies may be modified from time to time. Zones which are used by email or usenet "spammers" may be discontinued immediately, at BulkRegister's option, without refund and without notice. Parties who receive unsolicited email ("spam") via BR's resources, or because of the use of BR's resources, are encouraged to send email to BR at support@bulkregister.com and to copy the Federal Trade Commission's spam hotline at uce@ftc.gov. BR reminds Customer that spamming is in violation of BR's policies.

  7. Termination. BulkRegister may, at its option, terminate this Agreement and Customer's right to use the DNS Services at any time without cause by sending notice to Customer and refunding the unused, pro-rated portion of the current term's fees for the DNS Services so terminated. BulkRegister may also terminate the term and Customer's right to use the DNS Services immediately without prior notice upon any breach of this Agreement, including these DNS terms and conditions and the DNS Policies, b y Customer, and Customer shall not be entitled to any refund in connection with any such termination for cause. Customer may terminate this Agreement at any time by giving written notice to BulkRegister, but shall not be entitled to any refund of amounts paid or incurred prior to delivery of such notice of termination. Under no circumstances will any termination of this Agreement by either party result in a refund exceeding the unused portion of any fees paid to BulkRegister.

  8. Changes in Services, Terms and Conditions, and Fees. BulkRegister may modify the terms and conditions in this Schedule or DNS Service fees and may discontinue or revise any and all other aspects of the DNS Services, including but not limited to the DNS Service Policies, in BulkRegister's sole discretion upon thirty (30) days notice to Customer, which may be effected by posting on the BulkRegister Website. Customer shall be deemed to have accepted any such changes or modifications by continuing to use the Services following such thirty (30) day period.

  9. Utilizing our NameServers and Default parking. You acknowledge and agree that any or all domain names that are registered with Bulkregister, LLC and hosted on the BulkRegister default name server ns.bulkregister.com or ns2.bulkregister.com may resolve to an "Under Construction" or similar temporary Web page ("Under Construction Page"), and that Bulkregister, LLC may place on any such Under Construction Page promotions and advertisements for, and links to third-party Web sites, third-party product and service offerings, and/or Internet search engines. You agree that Bulkregister, LLC 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 make DNS updates via your Membership Account to opt out of this service.




SCHEDULE I
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH PRIVATE REGISTRATIONS

In addition to the terms set forth in the Agreement and Schedules A, B and C of this Agreement, the following terms shall apply to Private Registrations. For subscribers to the private registration service you agree that BulkRegister LLC will be the listed Registrant and domain owner as per the information contained within the official whois record. Additional restrictions and stipulations pertaining to the Private registration service are as follows:

  1. Members who buy on behalf of others agree to pass through registration agreement BulkRegister member acknowledges and agrees that each Registant/Customer must agree to be bound by the terms and conditions of the applicable Private Registration agreement. Member agrees to obtain evidence of each Registrant/ Customer's assent to the Registration Agreement electronically (e.g. by click) or by hardcopy signature, and to retain for a period of three (3) years evidence of such assent. Members may require registrant customers using its services to agree to additional terms and conditions, provided that such terms and conditions do not conflict in any manner with the provisions of this Agreement, the Registration Agreement or any ICANN Policy. The agreement may be found at http://bulkregister.com/DNSagreement.php

  2. Full Ownership rights retained: Although BulkRegister LLC is listed as the registrant, you will retain full domain ownership rights, such as:a. The ability to sell or transfer each domain(internal or external transfer)b.The ability to manage domain name servers to the settings of your choice c. The ability to create/manage/nameservers for your domaind. The ability to have access to all standard(free) and paid services offered via BulkRegister Member Account that would require changes to your domain settingsd. The ability to renew your domain upon expiration

  3. Information that will be made publicly available for each domain: The following publicly available information will be listed for your domain as per ICANN policy. In lieu of your information BulkRegister contact information will be listed: a. Registrant - name, email, address, phone and fax contacts - BulkRegister will be listed. Technical - name, email, address, phone and fax contacts - BulkRegister will be listed. Billing - name, email, address, phone and fax contacts - BulkRegister will be listed. Administrative - name, email, address, phone and fax contacts - BulkRegister will be listed

    Your obligations relative to information For each domain that utilizes the private registrations service you agree to provide the following VERIFIABLE information a. Registrant - name, email, address, phone and fax contacts. Technical - name, email, address, phone and fax contacts. Billing - name, email, address, phone and fax contactsd. Administrative - name, email, address, phone and fax contacts

  4. Reservation of rights: BulkRegister expressly reserves the right to deny acceptance of your subscription, cancel your account or transfer your domain ownership back to you. We also reserve the right to disclose your information when required by law(court orders, subpoenas, official government inquiries). In the event of being named as defendant in any civil, criminal or legal related proceedings, the private registration service for the affected domain will be terminated and the ownership information will transfer back to you. All verified spam complaints will result in your private registration service being terminated, consequently your domain ownership information will revert back to yours.

  5. Notice of termination: In the event you wish to cancel the Private registration service for a given name, you agree to explicitly cancel/suspend via BulkRegister Member Account. Upon suspension or cancellation the private registration service will cease for the specific domain, the publicly available whois information will revert back to yours and you will retain full ownership of the domain. Additional notice or proof of cancellation is not required beyond what is available via our online interface.

  6. Indemnification: You agree to indemnify, defend and hold harmless BulkRegister, its affiliates, its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your registration. This indemnification obligation will survive the termination or expiration of this Agreement.

  7. Governing Law: Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington, Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the private registration service site shall be brought exclusively in the United States District Court for the State of Washington.

  8. Limitation of liability: YOU AGREE THAT BULKREGISTER WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND BULKREGISTER LLC CONTROL; (8) THE PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. BULKREGISTER LLC ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF BULKREGISTER LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BULKREGISTER LLC MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.




SCHEDULE J TO SERVICES AGREEMENT
PREMIUM MEMBERSHIP - SERVICE LEVEL AGREEMENT

This Schedule describes the expected minimum levels of service ("Minimum Service Levels") to be met by BR with respect to certain of the Services including, but not limited to, the Domain Name and DNS Services, with respect to the Premium Membership Services. BR will meet or exceed the Minimum Service Levels set forth below, which Minimum Service Levels shall constitute a baseline for the performance of the Services by BR.

  1. Services Availability - The Services shall be available ("Service Availability") for your use through Internet access to BR's Services platform on the BulkRegister Website 99.9% of the time during each calendar month of the Term pursuant to the terms of this Schedule ("Availability Guarantee"), less planned or scheduled outages and emergency maintenance, and subject to the exceptions set forth below. Service Availability is defined as the time, in minutes, that the Services are operational and responding to user's queries in a commercially reasonable time during a calendar month.

  2. Response Time - BulkRegister shall provide 24 x 7 (24 hours a day, 7 days a week) email support and shall respond to e-mail inquiries from Customer within 4 hours of receipt of the inquiry, subject to the exceptions set forth below, and provided that Customer follows the applicable premium support protocols as set forth on the BulkRegister Website from time to time. Telephone support will be available Monday through Friday 9am EST to 9pm EST excluding holidays.

  3. Domain Name Locking - BulkRegister's domain name locking functionality shall be operational 100% of the time, subject to the exceptions set forth below, and provided that Customer has properly set up its particular locking feature.

  4. Scheduled Maintenance and Planned Outages - BulkRegister reserves the right to conduct scheduled maintenance services or planned outages during either the registry maintenance window on the third Saturday of each month at 8:00 p.m. until 1:00 a.m., eastern time, on the following Sunday or during BulkRegister's regular maintenance window from 2:00 a.m. to 6:00 a.m. each night, eastern time, at BulkRegister's facility ("Maintenance"). Customers may opt in to receive courtesy reminder email notices 24 hours in advance of scheduled Maintenance. Scheduled Maintenance notices will also be published on the Member portion of the BulkRegister Website. BulkRegister may be unable to provide any advance notice in the event of unplanned or emergency maintenance or outages.

  5. Modifications - This Schedule shall be reviewed periodically by BulkRegister and may be modified or terminated by BulkRegister at any time upon notice to Customer.

  6. Credit - If BulkRegister fails to meet a defined Minimum Service Level during the term of this Schedule, as Customer's sole remedy, Customer shall be entitled to receive a credit of $25.00 per instance as liquidated damages; provided, that, in no event will the total credits provided to any Customer for all instances during a Customer's annual membership term exceed the Customer's Annual Membership Fee for the applicable Services. Notwithstanding anything to the contrary, following payment of any credit to Customer, BulkRegister reserves the right to terminate this Agreement without penalty by providing written notice to Customer.

  7. Exceptions - BulkRegister shall not be responsible for the failure to meet a Minimum Service Level (and no credit shall be owed) if the failure is caused by or results from: (a) the breach of the Agreement or any Schedule thereto by Customer; (b) the acts or omissions of Customer or its employees or agents, negligent or otherwise; (c) equipment malfunction of Customer, a third party supplier or BulkRegister, provided said equipment of BulkRegister has been maintained by BulkRegister in accordance with the terms of the Agreement; (d) failure or lack of availability of service by or from Customer's Internet service provider; or (e) any force majeure event as defined in Section 15 of the Agreement. The credits specified herein shall be Customer's sole and exclusive remedy with respect to the failure to meet a Minimum Service Level. In the event that a Minimum Service Level is not met and BulkRegister determines in its reasonable judgment that such inability was not as a result of any of the foregoing exceptions, BulkRegister will, upon written request from Customer, issue the credit owed hereunder.




SCHEDULE K TO REGISTRATION AGREEMENT
ADDITIONAL TERMS APPLICABLE TO REGISTRANTS OF DOMAIN NAMES IN CONNECTION WITH .MOBI TLD

Registered Name Holder shall:
  1. Indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement;

  2. Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement;

  3. Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotmobi"), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to BULKREGISTER LLC being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement.

  4. Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN;

  5. Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar;

  6. Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy;

  7. Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP");

  8. Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name;

  9. Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation:

    1. the ability or inability of a registrant to obtain a Registered Name during these periods, and
    2. the results of any dispute made during the limited industry launch or over a Sunrise Registration.
  10. Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion

    1. to protect the integrity and stability of the registry;
    2. to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process;
    3. to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders;
    4. for violations of the terms and conditions herein; or
    5. to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute.
  11. Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.

  12. Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.



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