Notwithstanding anything in this Agreement to the contrary, you agree that in the event a domain name dispute arises with any third party, (i) you will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of your domicile and the Province of Ontario, Canada; and (ii) you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your domain name registration or your use of our domain name registration services, you will not be permitted to make any changes to your domain name record without our prior approval. We will not allow you to make changes to such domain name record until:

(1) we are directed to do so by the judicial or administrative body, or

(2) we receive written notification by you and the other party contesting your registration or use of our domain name registration services that the dispute has been settled.

Furthermore, you agree that if we and/or you are subject to litigation regarding your registration or use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial or administrative body by supplying a party with a registrar certificate from us.

16. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our Dispute Policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree to periodically review our Web Site to be aware of such revisions. 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 by providing written notice to us in accordance with Section 32 below. We will not refund any fees paid by you if you terminate your Agreement with us.

17. AGENTS. You agree that, if your agent purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the ICANN UDRP and the Dispute Policy, whether your agent was authorized by you or not. You certify that your agent is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund any fees paid by you or your agent on your behalf for any reason based on any act or omission of your agent.

18. 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 domain names, 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 at service@namescout.com.

19. LIMITATION OF LIABILITY. To the extent permitted at law, NameScout Corp and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the NameScout Corp services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to:

(1) any failure or inability to register the domain name;

(2 )any third party claims arising from or based on your domain name or use of our services;

(3) access delays or access interruptions;

(4) data non-delivery or data mis-delivery;

(5) acts of God;

(6) the unauthorized use or misuse of your Account Number or Password;

(7) errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement;

(8) the deletion of or failure to store e-mail messages;

(9) the development or interruption of your Web site;

(10) our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or re-registration fee; or

(11) the application of the ICANN UDRP or the Dispute Policy.

You agree that our entire liability, and your exclusive remedy, with respect to any NameScout Corp service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s).

20. INDEMNITY. You agree to release, indemnify, and hold NameScout Corp, our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising from your domain name registration or use of your domain name or the NameScout Corp services provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from your domain name registration or use of your domain name or the NameScout services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.

In addition, you agree to indemnify and hold harmless the applicable registry operator and its directory, 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 related to your domain name registration.

21. BREACH. You agree that your failure to abide by any provision of this Agreement, any NameScout Corp operating rule or policy, the ICANN UDRP or the Dispute Policy may be considered by us to be a material breach of this Agreement and that we may provide to you a written notice in accordance with Section 32 below, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name, transfer the domain name to NameScout and/or terminate the other NameScout Corp service(s) you are using without further notice. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

22. NO GUARANTY. You agree that, the registration of your chosen domain name does not confer immunity from objection to either the registration or use of your domain name.

23. REPRESENTATIONS AND WARRANTIES. You agree and warrant that:

(1) the information that you or your agent on your behalf provide to us during the application process to register your domain name or to apply for other NameScout Corp's service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner;

(2) to the best of your knowledge and belief neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of any third party;

(3) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder;

(4) you have selected the necessary security option(s) for your domain name registration record; and

(5) you are of legal age to enter into this Agreement.

You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis.

24. DISCLAIMER. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

25. REVOCATION. You agree that we may delete your domain name if the information that you provide to us or subsequently modify contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your domain name or to continue to provide you domain name registration services. You agree that we may terminate immediately and without notice our service(s), including our domain name registration services, in the event that you use such service(s) for any improper purpose, as determined in our sole discretion. Furthermore, you agree that we may suspend, cancel or transfer your domain name in order to:

(1) comply with any ICANN adopted specification or policy, or any NameScout Corp or registry operator procedure not inconsistent with an ICANN adopted specification or policy; or

(2) correct mistakes made by us or the registry in registering your chosen domain name; or

(3) resolve a dispute under the ICANN UDRP or the Dispute Policy. We will not refund any fees paid by you prior to termination of our services.

26. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to:

(1)refuse to register your chosen domain name or register you for other NameScout Corp service(s); and

(2)delete your domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we delete your domain name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid, minus any applicable administration fees.

You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your domain name, the deletion your domain name or our refusal to register you for other NameScout Corp service(s).

27. EXPIRATION OF DOMAIN NAME REGISTRATIONS. You agree that we may, but are no obligated to, allow you to renew your domain name after its expiration date has passed. Should you choose not to renew your domain name during any applicable grace period, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf (the "Transfer"). In the event we are able to identify such a third party ("Third Party") and effectuate such a Transfer, we will notify you via e-mail after the transaction is completed ("Transfer Notification"). You acknowledge and agree that the Transfer may be facilitated through a single Third Party, or through an auction involving one or more parties interested in your domain name. You agree that we shall have no obligation to pay you, and you shall have no right to receive, any percentage of the proceeds of the Transfer. We cannot guarantee, and we make no representation or promise, that any Direct Transfer will occur with respect to your domain name.

28. NEW CUSTOMERS THROUGH A BACKORDER SERVICE. If you are registering a domain name through a backorder service and that domain was registered with, and not yet deleted by, NameScout Corp. at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of two years from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of a Transfer (as defined above). If you are registering a domain name through a backorder service and the domain name was not registered with NameScout Corp. at the time of your purchase but was deleted by the applicable top-level domain registry at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of two years from the date it is initially registered with NameScout Corp. by the provider of the backorder service.

29. PARKED AND COMING SOON PAGES. You acknowledge and agree that any and all domain names that are (i) registered with NameScout Corp., (ii) hosted by a third party through NameScout Corp. as part of a Subscription Service, and (iii) do not otherwise resolve to an active website, may resolve to a "coming soon" or similar temporary web page ("Coming Soon Page"), and that NameScout Corp. may place on any such Coming Soon Page promotions, advertisements and other information for, and links to, NameScout Corp.’s website, NameScout Corp’s product and service offerings, third party websites, third party product and service offerings and/or Internet search engines. You agree that NameScout Corp. may change the content and/or appearance of, or disable, any Coming Soon Page at any time, in its sole discretion, and without prior notice. You agree that any and all revenue generated from such a Coming Soon Page enures to the benefit of NameScout Corp. You may discontinue use of the Coming Soon Page for any particular domain at any time by logging into your account and making such changes.

30. PARKED AND COMING SOON PAGES FOR EXPIRED DOMAINS. You agree that after the expiration date of your domain name registration and before it is deleted, renewed or transferred, we may direct your domain name to an IP address designated by us, including, without limitation, an IP address which hosts a parked, coming soon or other temporary page ("Coming Soon Page") that may include promotions, advertisements and other information for, and links to, NameScout Corp.’s website, NameScout Corp’s product and service offerings, third party websites, third party product and service offerings and/or Internet search engines, and you agree that we may place our contact information in the WHOIS output for the expired domain. You agree that NameScout Corp. may change the content and/or appearance of, or disable, any Coming Soon Page at any time, in its sole discretion, and without prior notice. You agree that any and all revenue generated from such a Coming Soon Page enures to the benefit of NameScout Corp. or such third party as designated by NameScout Corp.

31. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

32. ENTIRETY. You agree that this Agreement, the rules and policies published by us, the ICANN UDRP, the Dispute Policy and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the ICANN UDRP, the Dispute Policy and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.

33. NON-ASSIGNMENT. Your rights under this Agreement are not assignable. Any attempt by you to assign your rights shall render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, shall render this Agreement voidable at our option.

34. GOVERNING LAW. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflict of laws rules. You and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of that Province. You agree that any action, suit or application will be brought and heard in Ottawa, Canada.

35. AGREEMENT TO BE BOUND. By applying for the service(s) of a NameScout Corp or an affiliate through our online application process or by applying for and registering a domain name using the service(s) provided by NameScout Corp or its affiliates under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the ICANN UDRP, the Dispute Policy and any pertinent rules or policies that are or may be published by NameScout Corp or ICANN.

36. NOTICES. All notices to be provided by either party to this Agreement to the other shall be in writing and shall be validly given if sent by email, personal or courier delivery or by ordinary mail as follows:

(1)to NameScout Corp, at service@namescout.com, Customer Service, NameScout Corp, Whitepark House, White Park Road, Bridgetown, Barbados; and

(2)to Customer, at the email and postal address provided by you as part of the application process for the domain name registration. Any notice sent by email shall be deemed to have been received upon receipt; by personal or courier delivery on the date of delivery, and by post on the 5th calendar day after mailing.

37. TIME CALCULATIONS. NameScout Corp. operates in accordance with Greenwich Mean Time (GMT). Any and all references to timing in this Agreement, and all schedules and appendices hereto, are to be interpreted in accordance with GMT.

38. INCORPORATION BY REFERENCE. EACH REGISTRY FOR DOMAIN NAMES AND CERTAIN OTHER SERVICE PROVIDERS WHO SUPPLY CERTAIN NAMESCOUT CORP SERVICES OFFERED BY NAMESCOUT CORP TO YOU, REQUIRE US TO INCORPORATE CERTAIN TERMS AND CONDITIONS INTO OUR AGREEMENT WITH YOU, AS SET FORTH BELOW. ALL SUCH TERMS ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT AND APPLY TO YOUR DOMAIN NAME(S) AND ANY APPLICABLE NAMESCOUT CORP SERVICES PURCHASED BY YOU, AND YOU AGREE TO BE BOUND BY THEM.



A. Registry Operator Terms and Conditions applicable to all .INFO registrations:

.INFO DOMAIN NAME HOLDER consents to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the Registry Operator and its designees and agents in a manner consistent with the purpose specified pursuant to the Registrar's agreement with the Registry; submits to proceedings commenced under ICANN's UDRP and the Sunrise Dispute Resolution Policy; acknowledges that 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 or the Land Rush Period, including, without limitation (a) the ability or inability of a registrant to obtain to obtain a Registered Name during these periods, and (b) the results of a dispute over a Sunrise Registration



B. Registry Operator Terms and Conditions applicable to all .NAME registrations:

1. Representations and Warranties of Registrant:

You hereby represent, warrant and agree:

(a) that the registered domain name or second level domain ("SLD") email address is your Personal Name; (b) that the registration satisfies the Eligibility Requirements; (c) to be subject to the Eligibility Requirements Dispute Resolution Policy (the "ERDRP") and the Uniform Domain Name Dispute Resolution Policy (the "UDRP"); and (d) that Registry Operator will have no liability of any kind for any loss or liability resulting from (i) the processing of registration requests prior to live SRS launch, including, without limitation, the ability or inability of Registrant to obtain a Registered Name or SLD E-mail Address registration using these processes; or (ii) any dispute over any Registered Name, SLD E-mail Address, Defensive Registration or NameWatch Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

2. Additional Provisions relating to Domain Name Disputes:

In addition to section 14, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

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

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

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

The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the landrush procedures in connection with the opening of the Registry TLD. The following categories of Personal Name Registrations may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name; (iii) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names. The ERDRP applies to challenges to (i) registered domain names and SLD email address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations within .name.

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

3. Email Forwarding:

(a) The service for which you have registered may, at your option, include Email Forwarding. To the extent you opt to use Email Forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of Email Forwarding, including the content of messages sent through Email Forwarding.

(b) You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage. This includes, but is not limited to the Acceptable Use Policy, as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use Email Forwarding:

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

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

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

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

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

(c) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator’s Email Forwarding. However, due to the nature of such systems, which actively block messages, Registry Operator shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or [Registrar] to give feedback on the decision.

(d) You understand and agree that Registry Operator may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of Email Forwarding. You further understand and agree that Registry Operator is at liberty to block your access to Email Forwarding if you use Email Forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the Email Forwarding unless it would damage the reputation of Registry Operator or jeopardize the security of Registry Operator or others to do so. Registry Operator reserves the right to immediately discontinue Email Forwarding without notice if the technical stability of Email Forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing Email Forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.

(e) You understand and agree that to the extent Registry Operator is required by law to disclose certain information or material in connection with your Email Forwarding, Registry Operator will do so in accordance with such requirement and without notice to you.

4. Limitation of Liability:

You agree that Registry Operator will have no liability of any kind for any loss or liability resulting from (i) the processing of registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a .name domain name or SLD email address registration using these processes; or (ii) any dispute over any .name domain name, SLD email address, Defensive Registration or NameWatch Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

5. Indemnification:

You agree to indemnify, 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 your registration. This indemnification obligation will survive the termination or expiration of this Agreement.



C. Additional Registry Operator Terms and Conditions applicable to .NAME Defensive registrations:

1. Phases of Defensive Registrations:

(a) As a Defensive Registration Registrant ("Defensive Registrant"), you hereby certify to the best of your knowledge that for Phase I Defensive Registrations ("Phase I Defensive Registrants"), you own valid and enforceable trademark or service mark registrations having national effect that issued prior to April 16, 2001 for strings that are identical to the textual or word elements, using ASCII characters only, subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD. You understand that trademark or service mark registrations from the supplemental or equivalent Registry of any country, or from individual states or provinces of a nation, will not be accepted. Subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD, if a trademark or service mark registration incorporates design elements, the ASCII character portion of that mark may qualify to be a Phase I Defensive Registration.

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

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

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

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

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

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

2. Representations and Warranties of Defensive Registrant:

You hereby represent, warrant and agree:

(a) that the registration satisfies the Eligibility Requirements;

(b) that the Defensive Registration will be subject to challenge pursuant to the ERDRP;

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

(d) that if a challenge is successful, then 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 Registrant’s other Defensive Registrations;

(e) that if a Phase I Defensive Registration (as described in Appendices C and L to the Registry Agreement) is successfully challenged on the basis that it did not meet the applicable eligibility requirements, the Defensive Registrant will thereafter be required to demonstrate, at its expense, that it meets the eligibility requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .name through any Registrar. In the event that the Defensive Registrant is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s) will be cancelled; and

(f) that Registry Operator will have no liability of any kind for any loss or liability resulting from (i) the processing of registration requests prior to live SRS launch, including, without limitation, the ability or inability of Defensive Registrant to obtain a Defensive Registration or NameWatch Registration using these processes; or (ii) any dispute over any Registered Name, SLD E-mail Address, Defensive Registration or NameWatch Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

3. Domain Dispute Policy:

(a) If you registered a Defensive Registration, you agree that: (i) the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy ("ERDRP"); (ii) if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and (iii) if a challenge is successful, then the Defensive Registration will be subject to the procedures described in Section 2(h) of Appendix L to the agreement of Global Name Registry ("Registry Operator") with the Internet Corporation for Assigned Names and Numbers ("ICANN"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.

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

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

4. Consent:

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

5. Limitation of Liability:

You agree that Registry Operator will have no liability of any kind for any loss or liability resulting from (i) the processing of Defensive Registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a Registered Name or SLD email address registration using these processes; or (ii) any dispute over any .name domain name, SLD email address, Defensive Registration or NameWatch Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

6. Indemnification:

You agree to indemnify, 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 your registration. This indemnification obligation will survive the termination or expiration of this Agreement.



D. Registry Operator Terms and Conditions Applicable to all .AU Registrations

This document sets out the terms and conditions of your application for a Domain Name, and if successful, your Domain Name Licence. It records the agreement between you, the applicant or holder of a Domain Name Licence, and us, the registrar, in relation to the Domain Name.

.

Registry Operator means the operator of the domain names registry for the Domain Name.

We, our or us refer to NameScout Corp. the registrar of record for your Domain Name Licence.

You or your refer to the person applying for, or the holder of, a Domain Name Licence.

2. GENERAL

You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.

3. DOMAIN NAMES APPLICATION AND REGISTRATION

3.1 Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.

3.2 You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks.

3.3 You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.

3.4 All personal information pertaining to you are held by auDA for the benefit of the Australian public.

4. DOMAIN NAME LICENCE

4.1 Your Domain Name Licence will be effective for a two year period, once:

• your application is accepted and approved by us and by the Registry Operator, and
• you have paid the applicable fees,

unless it is cancelled earlier under the terms of this document or under any Published Policies.

4.2 Your Domain Name Licence may be renewed every two years, as long as you:

• pay the applicable renewal fees, and
• continue to meet the eligibility criteria prescribed in the Published Policies.

4.3 You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.

4.4 You may cancel your Domain Name Licence at any time by notifying us in writing.

4.5 We may cancel your Domain Name Licence if you breach any provision of this document.

5. YOUR STATEMENT TO US

5.1 You confirm and state to us and to auDA separately that:

• all the information set out in your Domain Name application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith, and
• you meet, and continue to meet, for the duration of the Domain Name Licence, the eligibility criteria prescribed in the Published Policies for registering the Domain Name, and
• you have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:
  • you are relying upon the same eligibility criteria for both domain names, and
  • the Domain Name has previously been rejected by the other registrar, and
• your registration or use of the Domain Name does not infringe any person's legal rights, and
• you are aware that even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.

5.2 You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or auDA may cancel your Domain Name Licence.

5.3 You agree to indemnify us and auDA separately for any loss or damage suffered by us or auDA as a result of any of us relying upon your above statements.

6. OUR OBLIGATIONS TO YOU

6.1 Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.

6.2 We will give you immediate notice if:

• we are no longer an accredited registrar, or
• our auDA Accreditation is suspended or terminated, or
• our registrar agreement with auDA is terminated by auDA.

6.3 auDA may post notice of:

• the fact that we are no longer an accredited registrar, or
• the suspension or termination of our auDA Accreditation, or
• the termination of our registrar agreement with auDA, on its web site, and may, if it considers appropriate, give such notice to you directly.

7. YOUR OBLIGATIONS TO US

7.1 You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of such inconsistency.

7.2 You acknowledge that under the Published Policy:

• there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this document, and
• you are bound by, and must submit to, the .au Dispute Resolution Policy (auDRP), and
• auDA may delete or cancel the registration of a .au domain name.

7.3 Throughout the period of your Domain Name Licence, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.

8. USE OF YOUR INFORMATION

You give to:

8.1 auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies;

8.2 us, the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the domain names registry;

8.3 the Registry Operator, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that such disclosure is consistent with the National Privacy Principles, and the Published Policies.

9. DISPUTE RESOLUTION

9.1 auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name licence holder, or between a domain name licence holder and a third party, in relation to entitlements to domain names.

9.2 The auDRP binds you and us severally as if it were incorporated in this document.

9.3 You accept that:

• auDA may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us, and
• such policies bind you and us severally as if they were incorporated in this document.

10. TRANSFER OF REGISTRARS

10.1 We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:

• the maximum fees which we can charge you for such transfer,
• when we are not allowed to charge you fees,
• the conditions under which we must transfer the registered Domain Name, and
• the conditions under which we are entitled not to transfer the registered the Domain Name.

10.2 If:

• we are no longer an accredited registrar, or
• our auDA Accreditation is suspended or terminated, or
• our registrar agreement with auDA is terminated by auDA,

then we will transfer the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of a written notice being provided to you by auDA.

10.3 If our registrar agreement with auDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.

11. LIMITATION OF LIABILITIES

11.1 You must not pursue any claim against auDA or against us, and to the fullest extent permitted by law, neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA or us, or any of auDA's or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under our registrar agreement with auDA.

11.2 You agree to indemnity, keep indemnified and hold auDA and us, and auDA's and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.

11.3 You accept and agree that if we have any outstanding fees owing to auDA, which gives auDA a right to terminate our registrar agreement with auDA, then auDA may in its sole discretion terminate the registrar agreement.

11.4 You accept and agree that neither auDA nor we are responsible for the use of any Domain Name in the domain names registry, and that auDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name licence holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.

11.5 Despite any other provision of this document, and to the fullest extent permitted by law, neither auDA nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of auDA or us, and our respective employees, agents, or sub-contractors.

11.6 Nothing in this document is to be read as excluding, restricting or modifying the operation of Trade Practices Act 1974, or the application of any legislation which by law cannot be excluded, restricted or modified.

12. OUR AGENCY

We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document. auDA is an intended third party beneficiary of this document.

13. GENERAL

13.1 In this document:

• a reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;
• a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form;
• headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document; and
• where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.

13.2 All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect

13.3 If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.

13.4 This document is governed by and is to be construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and waives any right to object to proceedings being brought in those courts.

The above terms and conditions contained in this Schedule D - Registry Operator Terms and Conditions Applicable to all .AU Registrations are © Maddocks, and .au Domain Administration Limited 2008. Used with permission.

14. REFUND POLICY

Applications for .au domains that have been rejected are eligible for refund. Please email your refund request to service@namescout.com. Namescout Corp will verify that you are eligible for refund, and will, by return email confirm the status of your refund request. Namescout Corp will make every effort to process your refund within 30 days of receiving the request.

15. COMPLAINTS HANDLING POLICY

Namescout Corp is committed to providing quality Customer Service and we aim to resolve any Registrant complaints or disputes quickly, fairly and efficiently. Namescout Corp also respects your right to complain, which is also outlined in the .au Domain Name Suppliers' Code of Practice. To read the Code, please refer to the web site located at http://www.auda.org.au/help/faq-index/.  To notify Namescout Corp of your complaint or dispute, please send an email to customerservice@namescout.com.  Namescout Corp typically responds to all inquiries submitted by email within 24 hours of its receipt, during our regular hours of operation.  We will make every effort to provide a response to your complaint or dispute within 30 days.

E. Terms and Conditions applicable to NameScout Corp Email Services:

The following terms and conditions of use and any amendments thereto (the "Email Terms") apply to your access to, and use of, the NameScout Corp email and related services offered by NameScout Corp (the "Email Service"). These Email Terms may be changed in the future without further notice, and your continued use of the Email Service following any such changes constitutes your acceptance of the new terms. These Email Terms do not alter in any way the non-conflicting terms or conditions of this Agreement or any other agreement you may have with NameScout Corp for products, services or otherwise. To the extent any of the Email Terms are in conflict or inconsistent with any other term or condition of the Agreement, these Email Terms shall govern to the extent of the conflict or inconsistency.

1. Privacy Policy

In addition to the terms of the NameScout Corp privacy statement, you agree that NameScout Corp may access and disclose information about you or your use of the Email Service when NameScout Corp deems necessary or appropriate to comply with the law or legal process, to protect NameScout Corp’s systems and customers, or to ensure the integrity and operation of NameScout Corp’s business and systems. Such disclosure may include, without limitation, user profile information (e.g., name, e-mail address, etc.), IP address and traffic information, usage history, and posted content. NameScout Corp’s right to disclose any such information shall govern over any terms of NameScout Corp’s privacy statement.

2. Access Restriction & Password Security

NameScout Corp reserves the right to deny in its sole discretion any user access to the Email Service or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by NameScout Corp, and for any use or misuse of your account or the Email Service resulting from any third party using a password or user name issued to you.

3. No "Spamming"

Users shall not use the Email Service for chain letters, junk mail, "spamming" or any use of distribution lists to any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("spam" or "spamming") is strictly prohibited by NameScout Corp If any user uses the Email Service for spamming, NameScout Corp reserves the right to immediately terminate that user’s access to the Email Service and to seek appropriate legal recourse as necessary. If any user believes that others are using the Email Service for spam, please contact NameScout Corp at service@namescout.com.

4. User Conduct

NameScout Corp reserves the right, but does not assume the responsibility, to monitor or review user conduct on the Email Service. Use of the Email Service is subject to all applicable local, state, provincial, federal and international laws and regulations. You agree: (1) to comply with U.S. and Canadian law regarding the transmission of technical data exported from the United States or Canada through the Email Service; (2) not to use the Email Service for illegal purposes; and (3) not to interfere or disrupt networks connected to the Email Service.

In using the service, you agree not to:

a. Harvest or otherwise collect information about others, including without limitation names and e-mail addresses, without their consent;

b. Transmit through the Email Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;

c. Invade another’s privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Email Service;

d. Transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, federal or international law or regulation;

e. Interfere with another User’s use and enjoyment of the Email Service or another entity’s use and enjoyment of similar services;

f. Advertise or offer to sell or buy any goods or services for any non-personal purpose;

g. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;

h. Interfere with or disrupt networks connected to the Email Service or violate the regulations, policies or procedures of such networks;

i. Attempt to gain unauthorized access to the Email Service, other accounts, computer systems or networks connected to the Email Service, through password mining or any other means;

j. Use or attempt to use another’s account, service or system without authorization from NameScout Corp, or create or use a false identity on this Email Service; or

k. Engage in any other conduct which, in NameScout Corp’s sole discretion, is considered unauthorized or objectionable.

5. Proprietary Rights

You acknowledge and agree that any material, including but not limited to text, compilations, graphics, software, music, sound, photographs, video, or other material contained or distributed on or through the Email Service, by NameScout Corp, its advertisers or other third parties ("Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not use or distribute any Content received through the Email Service without the authorization of the content owner, except for your personal, non-exclusive use. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute Content available through the Email Service, including code and software, in violation of applicable copyright and other intellectual property laws.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE NAMESCOUT CORP SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States and Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. or Canadian export restrictions.

6. Trademarks

NameScout Corp and the NameScout Corp logo are trademarks of NameScout Corp, and may not be copied, imitated or used, in whole or in part, without the prior written permission of NameScout Corp In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of NameScout Corp or its contractors or suppliers, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NameScout Corp All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

7. Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to NameScout Corp, or postings on this Email Service, are non-confidential and shall become the sole property of NameScout Corp NameScout Corp shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to NameScout Corp, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

8. Linking

You may not use, frame or utilize framing techniques to enclose any NameScout Corp trademark, logo or other proprietary information, including the images found at this Email Service, the content of any text, or the layout/design of any page or form contained on a page, without NameScout Corp’s express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing any NameScout Corp name, trademark, or product name without NameScout Corp’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of NameScout Corp or any third party.

NameScout Corp makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Email Service, or Web sites linking to this Email Service. The linked sites are not under the control of NameScout Corp, and NameScout Corp is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. NameScout Corp is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by or between NameScout Corp and any third party.

9. Third Party Content & Email Services

NameScout Corp may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. NameScout Corp does not monitor, and has no control over, any Third Party Content or third party Web sites. NameScout Corp does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. NameScout Corp does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content.

When leaving the NameScout Corp site, you should be aware that NameScout Corp’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Your use of these links and Third Party Content contained therein is at your sole risk.

10. Copyright Policy & Copyright Agent

NameScout Corp may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, NameScout Corp may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that NameScout Corp or any user of our site has infringed your copyright in any material way, please notify NameScout Corp, and provide the following information:

a. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.

b. An identification of the copyrighted work claimed to have been infringed.

c. An identification of the material that you claim is infringing so that we may locate it on the Email Service.

d. Your address, telephone number, and email address.

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

f. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.

11. No Resale

You agree not to resell or make any commercial use of the Email Service without NameScout Corp’s express written consent.

12. Termination

Notwithstanding any of these terms and conditions of use, NameScout Corp reserves the right, without notice and in its sole discretion, to terminate your use of this Email Service, to change or eliminate any of the services we provide, and to block or prevent future access to and use of this Email Service. If your account is terminated for violation of these Email Terms, you will not be entitled to any refunds. Should you object to these Email Terms or become dissatisfied with the Email Service in any way, your only recourse is to immediately discontinue your use of the Email Service and terminate your account.

13. Severability

If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Email Terms.

14. Modification & Amendments

NameScout Corp reserves the right to amend at any time any policies governing this Email Service, including these Email Terms, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective upon posting. If you do not accept the amended terms, you should cease using this Email Service.

F. Registry Operator Terms and Conditions Applicable to all .US Registrations

1.  Information

(a)  You, the Customer, will provide to NameScout Corp. accurate and reliable contact details and promptly correct and update such details during the term of the usTLD domain name registration, including: your full name, postal address, e­mail address, voice telephone number, fax number if available, and if you are an organization, association, or corporation, the name of an authorized person for contact purposes.  In addition, you will provide to NameScout Corp., and will promptly correct and update, the IP address and corresponding names of the primary nameserver and secondary nameserver(s) for the usTLD domain name which is being registered (the “Registered Name”).

(b)  You hereby acknowledge and agree that your willful or grossly negligent provision of inaccurate or unreliable information, or your willful or grossly negligent failure to promptly update information provided to NameScout Corp. shall constitute a material breach of your agreement with NameScout Corp. and be a basis for cancellation of the Registered Name.

2.  Enforcement of Accurate Whois Data

(a)  NameScout Corp. will investigate written complaints from third parties regarding false and/or inaccurate Whois data of Customers. If NameScout Corp. determines that your information is false, inaccurate or not up to date, NameScout Corp. will notify you via e-mail, and regular first class mail, that your Whois record may be false, inaccurate or not up to date.

(b)  You will be required to update your contact information no later than thirty (30) calendar days from the date of such notice. If, within thirty (30) days, you can either (i) show that you have not provided false or inaccurate contact information or (ii) provide the updated Whois information, then you will be allowed to maintain your Registered Name. If, however, after thirty (30) days, you do not respond to NameScout Corp.’s notice or are unable to provide true and accurate contact information, you will be deemed to have breached the registration agreement and NameScout Corp. will be required to delete the registration.

(c)  NameScout Corp. shall not be required to refund any fees paid by you if NameScout Corp. terminates your registration agreement due to its enforcement of this provision.

3.  Licensing Use of Registered Name

(a)  You hereby acknowledge and agree that if you license use of your Registered Name to a third party you nonetheless remain the registrant of record and are responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. If you are licensing use of a Registered Name you hereby accept liability for harm caused by wrongful use of the Registered Name, unless you promptly discloses the identity of the licensee to the party providing reasonable evidence of actionable harm.

4.  No Infringement and Dispute Resolution

(a)  You hereby represent that, to the best of your knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

(b)  For the adjudication of disputes concerning or arising from use of a Registered Name, you hereby agree and covenant to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile, (2) where NameScout Corp. is located, and 3) the United States.

5.  Registration Subject to Policies and Procedures

(a)  You hereby acknowledge and agree that your registration of the Registered Name is subject to suspension, cancellation, or transfer pursuant to any specification or policy adopted by the registry of usTLD’s, Neustar, Inc., (the “Registry”), or pursuant to any NameScout Corp. procedure not inconsistent with a Registry adopted specification or policy, (1) to correct mistakes by NameScout Corp. or the Registry in registering the name or (2) for the resolution of disputes concerning the Registered Name.

(b)  You hereby acknowledge and agree that the Registry reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration.  The Registry also reserves the right to freeze a Registered Name during resolution of a dispute.

(c)  You hereby agree to comply with all standards, policies, procedures and practices respecting the usTLD established by the Registry, the United States Department of Commerce (“DoC”), the usTLD Policy Council and ICANN (including without limitation ICANN policies pertaining to open country code TLDs).

6.  Indemnification

(a)  You hereby agree to indemnify and hold harmless the Registry and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to your (i) domain name registration and (ii) use of any Registered Name.

7.  Nexus Requirements

(a)  You hereby certify that you meets the following requirements (the “Nexus Requirements”) to qualify to register to use a Registered Name:

(i)  The listed nameservers provided pursuant to Section 1 above are located within the United States of America; and

(ii)  You are either:

(A)  A natural person (i) who is a citizen or permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or

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

(C)  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.

(b)  You hereby acknowledge and agree that your failure to abide by the Nexus Requirements shall be a basis for cancellation of the Registered Name.

(c)  You hereby agree and acknowledge that any dispute as to whether Nexus Requirements have been met shall be subject to the Nexus Dispute Policy of the Registry, the current version of which may be found at http://www.neustar.us/policies/docs/usdrp.pdf. The registry reserves the right to modify the Nexus Dispute Policy at any time, and revisions will be posted at least 30 days before such revisions become effective.

G. Terms and Conditions Applicable to all Web Site and Hosting Services

 

1. Definitions. For purposes of this Schedule, the following capitalized terms shall have the meanings ascribed to them below:

a.    "NameScout Corp Web Site" means any pre-designed, customizable NameScout Corp Web site template licensed by NameScout Corp to end users.

b.    "Subscription Service" means any of the NameScout Corp subscription service packages that are available for purchase by end users on a monthly basis, for a monthly fee, that combine the NameScout Corp Web Site license, the Web Site Manager Service and the Web Hosting Service, all as described on the NameScout Corp Web site located at the URL www.namescout.com.

c.    "Web Site Manager Service" means the NameScout Corp on-line tool that allows customers to access their NameScout Corp Web Site, add/modify content, upload images and make generic changes to their NameScout Corp Web Site.

d.    "Web Hosting Service" means the Web hosting services provided by a third party through NameScout Corp as part of a Subscription Service.

2. Payment. In addition to the payment terms in Section 4 of the Agreement, the following provisions shall also apply solely with respect to the Subscription Service:

a.    NameScout Corp, in its sole discretion, shall determine the prices it will charge for the Subscription Service, and the terms and conditions applicable to the same, and NameScout Corp may, upon providing thirty (30) days' notice to you, amend such pricing and/or terms and conditions. If you do not agree to the change(s), you may terminate your Subscription Service as provided in Section 5 of this Schedule within that thirty (30) days; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit card for the new monthly Subscription Service fee.

b.    Billing for the Subscription Service will be by valid credit card (acceptable to NameScout Corp) at the time of purchase. If you elect to subscribe to a service that requires a monthly payment, your monthly payments for the same will be automatically charged to the credit card provided by you (and acceptable to NameScout Corp) at the time of your purchase (with such payments being charged in advance on a monthly basis), and you hereby agree that NameScout Corp is authorized to so charge your credit card.

 

3. Conduct. You agree to abide by the terms and conditions set forth herein and be bound by the applicable provisions of any applicable NameScout Corp Acceptable Use Policy and other applicable NameScout Corp policies and procedures, incorporated herein and made part of this Agreement by reference, in connection with your use of the services described in this Schedule. You are responsible for ensuring that your web site conforms to all local, state, federal and international laws.  Further, you are responsible for ensuring the legal copyright to any images, audio files, text or other web site elements that are not provided by NameScout Corp.  You warrant that the web site being hosted by NameScout Corp will not be used in connection with any illegal activity and that it will not conflict with the legal rights of a third party or a third party’s trademarks or trade name.

4. NameScout’s Rights. NameScout Corp explicitly reserves the right and sole discretion to: suspend any web site (including indefinite suspension) without notice for non-payment of fees due hereunder; censor any web site hosted that, in NameScout Corp’s sole discretion, is deemed inappropriate; review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; modify its pricing through email notification; terminate your Subscription Service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that NameScout Corp determines to be harmful to its other customers, operations, or reputation; terminate Your Subscription Service if the contents of your web site result in, or are the subject of, legal action or threatened legal action, against NameScout Corp or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
You agree you will not be entitled to a refund of any fees paid to NameScout Corp if, for any reason, NameScout Corp takes corrective action with respect to your improper or illegal use of the Subscription Service. 

5. Cancellation. You may cancel your Subscription Service at any time. To cancel your Subscription Service you must submit your written notice of cancellation to NameScout Corp (as provided herein) and include the following information: (i) Your NameScout Corp customer identification number and username; (ii) your NameScout Corp Web Site Web address; and (iii) your reason for requesting cancellation. Unless terminated earlier as provided herein, your Subscription Service will be canceled as of the expiration of the monthly billing cycle in which your notice was received.  In the absence of such written notice of cancellation, NameScout Corp will automatically continue the Subscription Service indefinitely and will charge the credit card you have on file with NameScout Corp, at NameScout Corp’s then current rates.

6. Term and Termination.

a.    Term. Your Subscription Service shall be on a month-to-month basis for successive monthly periods, unless either party notifies the other of termination in accordance with this Agreement.

b.    Notice of Service Cancellation by You. Any termination of your Subscription Service must be in accordance with our cancellation policy. Unless terminated earlier as provided herein, this Schedule, and the Agreement (if you have no other services with NameScout Corp) will be terminated as of the expiration of the monthly billing cycle in which your cancellation notice was received and processed by NameScout Corp.

H.         Terms and Conditions Applicable to the High Security Service

Namescout.com has introduced a "High Security" service to address issues of domain name security. The High Security service is provided to you as a courtesy and helps to prevent domains you have registered from being unintentionally transferred, deleted, or expired. Unless you affirmatively opt-out, you will be automatically enrolled for Namescout.com’s High Security service. The High Security service includes "Registrar Lock" and "Auto-renewal", described below. Namescout.com may introduce additional security features in the future.

Registrar Lock - When High Security is enabled for a domain, you are providing express objection to any and all transfer or modification requests issued from another registrar. If you choose to transfer a domain 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.  This service is being provided as a convenience to you but in no way guarantees that a domain name will not be maliciously transferred to another registrar or registrant, due to technical and policy weaknesses in the worldwide domain name system or by Namescout.com’s error.  Namescout.com will, however, use commercially reasonable efforts in stopping any such transfer without your express consent. Please note that not all registries support the concept of a Registrar Lock in which case, High Security will not include a Registrar Lock.

Auto-renewal - When High Security in enabled for a domain, Namescout.com will attempt to renew the registration of a domain approximately 75 days prior to its expiry date.  The renewal is for a one-year term and extends the existing registration period. For example, if the expiry date for your domain name is September 1, 2003, the new expiry date will be September 1, 2004.  When High Security is enabled, you are also authorizing and consenting to Namescout.com attempting to automatically charge your credit card the then-current retail price for such two-year renewal. 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. In addition, Namescout.com has no obligation to attempt to renew your domain if your most recent credit card on file with us for your account is not accepted according to Namescout.com’s payment processing systems.  After your domains have been successfully renewed, you will receive a confirmation e-mail. Note: The Auto-renewal process requires a valid credit card to be kept on file in your account. You will be notified if the Auto-renewal transaction is declined for any reason.

You also acknowledge and agree that if you do not want the High Security service to apply to your domains, you must affirmatively opt out of this High Security service by contacting customer service by logging into your Namescout.com account at http://www.Namescout.com and disabling High Security on those domains you choose not to protect. Your failure to