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Domain Registration Agreement

This Registration Agreement (“Agreement”) sets forth the terms and conditions of your use of RELENTNET LLC.’s (“RELENTNET LLC”) domain name registration services to register an Internet domain name, your registration of that domain name, as well as other RELENTNET LLC domain name related services. In this Agreement “you” and “your” refer to each customer and “we”, “us” and “our” refer to RELENTNET LLC. This Agreement explains our obligations to you, and explains your obligations to us for various RELENTNET LLC services. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional RELENTNET LLC service(s) or to cancel your RELENTNET LLC service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions. By signing or checking the consent box, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any pertinent rules or policies that are or may be published by RELENTNET LLC.

This Agreement will become effective when accepted by RELENTNET LLC. RELENTNET LLC may elect to accept or reject your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.

1.Our services:
RELENTNET LLC is an accredited registrar with the Internet Corporation for Assigned Names and Numbers (“ICANN”) for Top Level Domain Names (TLDs), currently .com, .net and .org. ICANN oversees registrations and other aspects of the TLDs. As an accredited domain name registrar, RELENTNET LLC is, upon accepting your domain name registration application, your sponsor for that application. All domain name registrations we register for TLDs are not effective until we have delivered the domain name registration information you provide us to the registry administrator for the TLDs, as applicable, and the registry administrator puts into effect your domain name registration.

You agree and acknowledge that RELENTNET LLC is not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to your application and receipt of, or failure to receive, a domain name registration.

You further agree to indemnify, defend and hold harmless the registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, your domain name registration.

2.What we do not do:
We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should also be aware that if we are sued or threatened with lawsuit in connection with your domain name, we might turn to you to hold us harmless and to indemnify us.

3.Dispute policy:
You agree to be bound by the current RELENTNET LLC Domain Name Dispute Policy (“Dispute Policy”), which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://www.Relentnet.com/default/policy.jsp. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. RELENTNET LLC may modify the Dispute Policy in its sole discretion at any time. Your continued designation of RELENTNET LLC as the registrar of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time a third party challenges your domain name.

4.Fees and payment:
As consideration for the domain name registration services provided by RELENTNET LLC to you, you agree to pay RELENTNET LLC, at the time of submitting your application for registration, all applicable initial registration fees and renewal fees in accordance with RELENTNET LLC’s fee schedule published at RELENTNET LLC’s website. 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 the registration term. You will be notified when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice; your registration will be cancelled. You agree that RELENTNET LLC shall have no liability whatsoever with respect to any such cancellation.

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 the payments of the registration or renewal fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to RELENTNET LLC as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then current reinstatement fee, currently set at $200.00.

You will be notified thirty (30) and seven (7) days prior to registration expiration date, and 4 days after the expiration date. Should a renewal fee go unpaid within the time specified in a third notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. We will renew your name for you for the term specified provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge you accordingly.

5.Transfer to another registrar:
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 RELENTNET LLC. Your request to transfer to another registrar may be denied in situations described in the Dispute Policy, including, but not limited to: a dispute over the identity of the domain name holder; bankruptcy; and default in the payment of any fees. You have the ability to prevent a transfer to another Registrar by placing a Registrar Lock (“lock”) on your domain. By having a lock status on your domain, you are providing express objection to any and all transfer requests issued from another Registrar. Should you choose to transfer to another Registrar, you must log into your account and remove the lock prior to our receipt of the transfer request from the gaining Registrar.

6.Modifications to RELENTNET LLC’s registration agreement and dispute policy:
You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that RELENTNET LLC may modify this Agreement and the Dispute Policy if necessary to comply with its ICANN agreement, and any other Agreements that RELENTNET LLC is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of the domain name registered to you shall constitute your acceptance of this Agreement and the Dispute Policy with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy.

7.Domain name registration information and its use:
a. Information You Are Required to Submit. As part of the registration process, you are required to provide certain information and to update this information within seven (7) days of any change as needed to keep it current, complete and accurate. The information you are obligated to provide in connection with the domain name you are registering is the following:

i. The domain name being registered;
ii. Your (or The domain name holder’s) name, postal address, e-mail address, voice telephone number, and where available, fax number; and
iii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name; and
iv. Valid payment information

You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed.

All other information which we may request from you at registration is voluntary. However, not providing the requested information may prevent you from obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.

b. Additional Information Maintained About Your Registration. In addition to the information you provide, we maintain records relating to your domain name registration. These records may include:

i. The original creation date of the registration;
ii. The submission date and time of the registration application to us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
iv. Records of account for your domain name registration, including dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name;
viii. The expiration and renewal date of the registration;
ix. Information and copies in electronic or paper form regarding all other activity between you and us and third parties relating to your domain name registration and related services.

c. Your Obligations Relating to the Account Information. In the event that, in registering the domain name, you are providing information about or on behalf of a third party, you hereby represent 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) that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Agreement. By registering a name or applying for services you also represent that the statements in its application are true and you also represent that the Domain Name is not being registered for any unlawful purpose.

You acknowledge that willfully providing inaccurate information or willfully failing to update information within seven (7) days of any change will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by RELENTNET LLC concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for suspension or cancellation of your domain name registration.

d. Privacy Policy: Disclosure and Use of Registration Information. You agree and acknowledge that RELENTNET LLC will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that RELENTNET LLC may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration 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 ICANN and applicable laws.

Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that RELENTNET LLC may or must make available to the public or to private entities, and the manner in which such information is made available.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration and other information by RELENTNET LLC.

You may access your domain name registration information in our possession to review, modify or update such information, by accessing your account at our web site (http://www.relentnet.com), or via a similar service. In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. You agree that any person in possession of your Account Identifier and Password will have the ability and your authorization to modify your account information. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password. RELENTNET LLC will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

8.Spam/Unsolicited e-mail policy
RELENTNET LLC detests practice of mass-mailing unwanted email solicitations of any type (e.g. SPAM, UCE…), regardless of content, and we will do everything within our power to reduce the flood of this type of traffic across the Internet.

In extreme cases, RELENTNET LLC personnel have the option to immediately disable any account in order to forestall further abuse or damage to email systems.

Unsolicited advertisements or solicitations sent from other networks which reference email accounts registered by RELENTNET LLC shall be treated as if they originated from the account referenced, unless there is sufficient reason given for RELENTNET LLC staff to believe that the message truly originated with some unrelated party.

No person shall conspire with another person to initiate the transmission of a commercial electronic mail message that:

(a) Uses a third party’s internet domain name without permission of the third party, or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or

(b) Contains false or misleading information in the subject line.

At the time of a SPAM complaint, we shall investigate the claim by contacting the admin contact and/or the account owner of the domain name at the listed e-mail address. If there is no response within THREE (3) days of our request, we shall suspend and lock the domain.

If the domain name owner wishes to reinstate the name after the’lock’ is in place, RELENTNET LLC will require a $100.00 reactivation fee to be paid before the name is reactivated. In the event that RELENTNET LLC receives further complaints after the domain name has been unlocked the first time, the domain name in question will be canceled by RELENTNET LLC.

If there are two complaints for two different domain names within the same user’s account, and there is no response to either or both requests for explanation, we shall suspend and lock the domains in question AND lock the entire account. For those domain names within the account that have not received a SPAM complaint, they will be allowed to be transferred to another registrar at the account owner/domain name registrant’s expense.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RELENTNET LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available. RELENTNET LLC does not control the Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RELENTNET LLC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available.

The following are some examples of spamming that may violate the Registration Agreement and RELENTNET LLC ‘s Spam Policy:

You agree to not:

a.upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

b.harm minors in any way;

c.impersonate any person or entity, including, but not limited to, a RELENTNET LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d.forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted;

e.upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);

f.upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

g.upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

h.upload, post, email, transmit or otherwise make available any material 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;

i.disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

j.interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks;

k.relaying email from a third party’s mail servers without the permission of that third party;

l.using “robots” or otherwise harvesting other’s email addresses from the RELENTNET LLC site for purposes of sending unsolicited or unauthorized material;

m.uploading, posting, emailing, or transmitting the same message, URL, or post multiple times;

n.intentionally or unintentionally violate any applicable local, state, national or international law, 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;

o. “stalk” or otherwise harass another; or

p. collect or store personal data about other users.

You acknowledge that RELENTNET LLC does not pre-screen Content, but that RELENTNET LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via our services. Without limiting the foregoing, RELENTNET LLC and its designees shall have the right to remove any Content that violates the Registration Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by RELENTNET LLC or submitted to RELENTNET LLC, including without limitation information in Message Boards and all other parts of our services.

You acknowledge and agree that RELENTNET LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Registration Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RELENTNET LLC , its users and the public.

Certain RELENTNET LLC services may have additional SPAM guidelines explaining appropriate conduct for those services. It is the user’s responsibility to check each property’s guidelines for additional details regarding SPAM.

Violations of our Registration Agreement or this Spam Policy may result in legal action and/or a fine against you and the termination, without notice, of your account and/or anything associated with it, including, but not limited to, email accounts, posts, home pages, and profiles. Nothing in this policy is intended to grant any right to transmit email to or through RELENTNET LLC computer systems. RELENTNET LLC does not waive any rights by the failure to enforce this policy in every instance in which it might apply.

9.Ownership of information and data:
You agree and acknowledge that we owns 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. You further agree and acknowledge that 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 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 domain name registration 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. RELENTNET LLC does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.

10.Agents and licenses:
You agree that if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.

You agree that if you license the use of your domain name to a third party, you re-main the domain name holder, and remain responsible for all obligations under this Agreement.

11.Notices and announcements:
You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters. If you do not wish to receive bulk email solicitation notices or announcements please send us an email with the word “Remove” in the subject line to support@relentnet.com.

12.Limitation of liability:
You agree that RELENTNET LLC 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 RELENTNET LLC ‘s control; (8) the processing of this application; (9) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; ;(10) harm caused by wrongful use of the Registered Name by the third party who has been licensed use of the domain name by you, unless you disclose the current contact information provided by the licensee and the identity of the licensee within seven(7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm; or (11) application of the dispute policy. RELENTNET 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 RELENTNET LLC has been advised of the possibility of such damages. In no event shall RELENTNET LLC’s maximum aggregate liability exceed the total amount paid by you for registration of the domain name, but in no event greater than four hundred dollars ($400.00). 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.
You intend

13.Indemnification:
You agree to release, indemnify, and hold RELENTNET LLC , the applicable registry operator, our (or their) contractors, agents, employees, officers, directors, members, shareholders, affiliates and third party beneficiaries harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties relating to or arising under this Agreement, the services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances shall be a breach of your Agreement and may result in deactivation of your domain name. The terms of this paragraph will survive any termination or cancellation of this Agreement.

14.Representations and warranties:
You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain name registration is accurate.

All domain name registration services are provided to you “as is.” except for our statement regarding our accreditation as an icann-approved domain name registrar in the introductory paragraph of this agreement, we make no representations or warranties of any kind whatsoever, express or implied, in connection with this agreement or its domain name registration services, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable. Without any limitation to the foregoing, RELENTNET LLC makes no representations or warranties of any kind whatsoever that registration or use of a domain name under this agreement will immunize you either from challenges to your domain name registration, or from suspension, cancellation or transfer of the domain name registered to you.

15.Breach and revocation:
RELENTNET LLC reserves the right to suspend, cancel, transfer or modify your domain name registration in the event (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by RELENTNET LLC , (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (c) you use your domain name in connection with unlawful activity, or (d) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement.

You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including RELENTNET LLC ) or registry administrator procedures approved by an ICANN-adopted policy, or by any other ccTLD registry administrator procedures as the case may be, (e) to correct mistakes by RELENTNET LLC , another registrar or the registry administrator in administering the name or (f) for the resolution of disputes concerning the domain name.

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

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

17.Governing law:
Registrant agrees that for the adjudication of disputes concerning or arising from use of the Registered Name, registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where RELENTNET LLC is located.

18.Notices:
You agree that any notices required to be given under this Agreement by RELENTNET LLC to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

19.Infancy:
You attest that you are of legal age to enter into this Agreement.

20.General:
This Agreement, RELENTNET LLC ‘s Disclaimer and the Dispute Policy, together with all modifications, constitute the complete and exclusive agreement between you and RELENTNET LLC , and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of RELENTNET LLC 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 RELENTNET LLC 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 Policy 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 Policy unenforceable or invalid as a whole. RELENTNET LLC will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of RELENTNET LLC as reflected in the original provision. This Agreement, RELENTNET LLC’s Disclaimer and the Dispute Policy may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of RELENTNET LLC.

21.Provisions specific to domain name registration and expired domain name.
Registrant acknowledges that registrant are no longer the listed registrant of the expired domain name and have no right of domain management of the expired domain, immediately after the expiration of the term of domain name registration services.

Registrant acknowledges that Registrar and Service Providers can choose to redirect a domain name to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, immediately after the expiration of the term of domain name registration services. Registrant acknowledges that Registrar and it’s Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.

Registrant acknowledges that the domain name will be participated in this process, typically called the “Redemption Grace Period” (“RGP”) when the domain name has not be renewed after 35 days from the domain name expiration date. Registrant acknowledges that in the event the domain name services are terminated if the domain name has not been restored during the time of the redemption period, and agrees that Registrar and Service Providers, for any reason and in our sole discretion to conduct the domain name.

22.Provisions specific to all registrations.
You agree to be bound by the rules, policies and agreements of each Registry from which you purchase a domain name registration, which may include, but is not limited to, Top Level Domain Registries and Second Level Domain Registrations. You further agree to comply with the ICANN requirements, standards, policies, procedures, and practices for which each applicable Registry Operator has monitoring responsibility in accordance with the Registry Agreement between ICANN and itself or any other arrangement with ICANN. You further agree to comply with any operational standards, policies, procedures, and practices for the each Registry TLD established from time to time by the applicable Registry Operators in a non-arbitrary manner, which shall be effective thirty (30) days after email notice or posting on this Site.

23.Provisions specific to .COM, .NET registrations.
Indemnification
You agree to indemnify, defend and hold harmless the .COM, .NET Registry Operator, VeriSign, Inc., and its directors, officers, employees, agents, and affiliates 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.

 

RELENTNET LLC Uniform Domain Name Dispute Resolution Policy

(As Approved by ICANN on October 24, 1999)

1.Purpose.
This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider’s supplemental rules.

2.Your Representations.
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.

3.Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

a.subject to the provisions of Paragraph 4 , our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b.our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c.our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

4.Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a “Provider”).

a.Applicable Disputes.
You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present.

b.Evidence of Registration and Use in Bad Faith.
For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

c.How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint.
When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

d.Selection of Provider.
The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

e.Initiation of Proceeding and Process and Appointment of Administrative Panel.
The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).

f.Consolidation.
In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

g.Fees.
All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

h.Our Involvement in Administrative Proceedings.
We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

i.Remedies.
We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

j.Notification and Publication.
The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

k.Availability of Court Proceedings.
The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5.All Other Disputes and Litigation.
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6.Our Involvement in Disputes.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7.Maintaining the Status Quo.
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8.Transfers During a Dispute.
a.Transfers of a Domain Name to a New Holder.
You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b.Changing Registrars.
You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9.Policy Modifications.
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.