GoRegister.com Registration Agreement

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of domain name registration and related services ("Services"). In this Agreement "you" and "your" refer to you and the registrant listed in the WHOIS contact information for the domain name. "We", "us" and "our" refer to the registrars listed at the bottom of this document, any one of which will be the registrar for your domain name and all of which share common ownership, common terms and conditions, and a shared Services infrastructure. To determine which registrar your domain name is registered with, perform a WHOIS lookup at http://www.uwhois.com. You obtain the Services first through a Primary Service Provider, eNom 401, Inc. /d/b/a Bulk Register. Your relationship with your Primary Service Provider may be governed by additional terms, as you and your Primary Service Provider may agree. "We," "us" and "our" does not include your Primary Service Provider, except when specifically mentioned or unless your Primary Service Provider is one of us (i.e. if your Primary Service Provider is also one of the registrars listed at the bottom of this document).

YOU AGREE TO THIS AGREEMENT: By using the Service(s), you agree to all terms and conditions of this Agreement, each of the following Schedules and Annexes, the UDRP (define below) and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by ICANN, the registries, and governments.

PASSAGE OF TIME: This Agreement will change over time. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your domain name registration services to another registrar or request of us that we cancel your domain name registration services. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes. Any such revision or change will be binding and effective within 30 days of when the revised Agreement or change to the Service(s) is posted to the website of either the Primary or Backend Service Providers, or 15 days after you view the revised Agreement or 15 days after notification is sent to the e-mail address provided in association with your domain name registration. You agree to review this Agreement periodically to make yourself aware of any such revisions.

YOUR ACCOUNT: You must create an account to use the Services. Your account is typically going to be managed and/or provided by your Primary Service Provider. You are responsible for maintaining and updating all login IDs, passwords, and for all access to and use of your account by you or any third party.

SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S): We and your Primary Service Provider may reject your domain name registration application or elect to discontinue providing Service(s) to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, we and your Primary Service Provider may terminate or suspend the Service(s) at any time for cause, which, without limitation, includes registration of prohibited domain name(s), abuse of the Services, payment irregularities, serious allegations of illegal conduct, or if your use of the Services involves us in a violation of any Internet Service Provider's ("ISP's") acceptable use policies, including the transmission of unsolicited bulk email. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option. If we have grounds to terminate or suspend Service(s) with respect to one domain name or in relation to other Service(s) provided through your account, we may terminate or suspend all Service(s) provided through your account, including Service(s) to other domain names. No fee refund will be made when there is a suspension or termination of Service(s) for cause. At any time and for any reason, we may terminate the Services 30 days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name or risk that we may delete your domain name or suspend or modify Services to it. If we terminate Services for a reason other than cause, we will attempt to refund your fees. 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 or registry administrator procedures approved by an ICANN-adopted policy, to correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the resolution of disputes concerning the domain name.

OUR SERVICES: We are accredited registrars with the Internet Corporation for Assigned Names and Numbers ("ICANN") for Top Level Domain Names ("TLDs") (such as .com, .net, .org, .de, co.uk, etc.). ICANN oversees registrations and other aspects of the TLDs. Domain name registrations are not effective until the registry administrator puts them into effect. For a list of registry administrators and for more information on TLDs, see HYPERLINK http://www.icann.org/tlds/. Domain name registrations are only for limited terms, terms which end on the expiration date. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry; for domain names registrations which were not returned to the available namespace, the term begins on the date the previous registrant's domain name registration was acknowledged by the applicable registry. You agree that we and your Primary Service Provider are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration (our limitation of liability is explained further, below). You further agree that domain name registration is a service, that domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that domain name registration services do not create a property interest.

YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY CLAIM(S). You further agree to indemnify, defend and hold harmless us, your Primary Service Provider, and applicable registry administrator(s) (including Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties' 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, the domain name registration services you are obtaining from us.

NOT INCLUDED IN THE SERVICES: Without limitation, the following are not included in the Services: We cannot and do not check to see whether the domain name(s) you select, or the use you make of the domain name(s), or other of the Service(s), infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use infringes legal rights of others. We might be ordered by a court to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. We will comply with court orders unless you contact us to contest the order.

IF LAWSUIT(S) ARE THREATENED: If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney's fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.

DISPUTE RESOLUTION POLICY: You agree to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm . You agree that the UDRP may be changed by ICANN (or ICANN's successor) at any time. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may loose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.

FEES: As consideration for the Service(s), renewal of the Service(s), and, if you select it, automatic renewal of the Service(s), you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.

CREDIT CARD AND OTHER CHARGES: If you have an issue with credit card charges, you should contact your Primary Service Provider (if any), first, and us, secondarily, regarding the issue before you contact your credit card company to request a charge back or reversal of the charges. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s), you agree that we and/or your Primary Service Provider may suspend access to any and all accounts you have with us and/or your Primary Service Provider and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our systems and/or on the systems of your Primary Service Provider shall be assumed by us or your Primary Service Provider, as the case may be. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our then-current reinstatement fee, currently set at $200(US Dollars). Reinstatement of Service(s) by your Primary Service Provider may be according to the terms, if any, between you and your Primary Service Provider relating to reinstatement. Charges for the Service(s) which use our credit card payment processor will be identified on your credit card statement as "Domain Name Registration." We are not responsible for how charges appear on your credit card statement when the transaction is processed by your Primary Service Provider's or another third party's credit card payment processor.

EXPIRATION AND RENEWAL OF SERVICE(S): You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we and/or your Primary Service Provider may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully. *please note: for certain TLDs, the automatic renewal option is not available.

ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION: As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s). You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed. Not providing requested information may prevent you from obtaining all Service(s). You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase "Name Only" Services, you agree that we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from "Name Only" Services.

YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION: In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, you 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 the third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. By registering a domain name or applying for other Service(s) you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. You further agree that your failure to respond for over ten (10) calendar days to inquiries by us concerning the accuracy of account and WHOIS contact information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Service(s) to you. As indicated elsewhere in this Agreement, you understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), you may loose your rights to the domain name(s) or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction therewith.

ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY: In order to change any of your account or domain name WHOIS information, you must access your account with your Primary Service Provider (if any), or your account with us. Please safeguard your account login identifier and password from any unauthorized use. You agree that any person in possession of you account login identifier and password will have the ability and your authorization to modify your account and domain name information. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. You agree that, if we take reasonable precautions in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact us alleging that a third party has unauthorized access to your account or domain names, you agree that we may charge you administrative fees of $50 (US dollars) per hour for our time spent in relation to the matter, regardless of whether or not we return control over the account and/or domain names to you.

TRANSFERS: You agree that transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a "Registrar Lock" on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed. To transfer your domain name(s) you should first login to your account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is required to transfer domain services in an EPP registry (such as .org). Alternatively, you should contact your Primary Service Provider to have your domain name(s) services locked or unlocked or to obtain the EPP "AuthCode." If your Primary Service Provider is unresponsive, you may contact us to have your domain name(s) locked or unlocked or to obtain the EPP "AuthCode" though we may first contact your Primary Service Provider to request that the Primary Service Provider address the request. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and loosing registrars as outlined in ICANN's transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.

PRIVACY POLICY: You agree and consent that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws. One of the ways that we may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us. Please click here if you would like your WHOIS information made available for bulk access. We reserve the right to discontinue providing bulk WHOIS data access to third parties.

OWNERSHIP OF INFORMATION AND DATA: You agree and acknowledge that we own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. 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. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.

AGENTS AND LICENSES: You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.

USE OF FREE SERVICES: In consideration for providing additional optional Services for which we do not charge an additional fee, including, but not limited to, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other services which we may introduce from time to time but for which there is not a separate fee ("Free Services"), you agree that, if you use such Free Services, we may display advertising in conjunction therewith through the use of pop-up or pop-under browser windows, banner advertisements, audio or video steams, appendices to emails, or other similar advertising means, and that we may aggregate related usage data by means of cookies and other similar means. You agree that from time to time we may provide you with free or low-cost domain name(s) services ("Promotional Name(s)"). If we do so, the services for the Promotional Name(s) will be placed in the same account as your other domain name(s) and you will be listed as the registrant, though we may point the Promotional Name to IP address(es)of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and agree to the terms of this Agreement with respect to such Promotional Name(s). If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and we will be listed as the domain name registrant. Alternatively, you may contact us or your Primary Service Provider to request that we delete the Promotional Name from the namespace. For any domain name services, including these Promotional Names, for which you are listed as registrant but for which you do not pay the registration or renewal fee, you agree that we may assign name-servers to the domain name and point the domain name to IP address(es) designated by us until the registration or renewal fee is paid.

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

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

After the reactivation period, you agree that we may either (i) discontinue the domain name registration services at any time thereafter, (ii) that we may pay the registry's registration fee or otherwise provide for the registration services to be continued, or, (iii) if we auctioned the domain name services to a third party, that we may transfer the domain name registration services to such third party.

In the case of (i), above, you acknowledge that certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the "Redemption Grace Period" ("RGP"). You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in the RGP process with respect to any or all of your domain name registration services and that we shall not be liable therefore. If available, RGP typically ends between 30 and 42 days after the end of the reactivation period of the domain name services, as the reactivation period applied to you. The typical RGP fee is $160 plus any registration fees. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued.

In the case of (ii), above, you acknowledge that we may then set the name-servers and the DNS settings for the domain name services, that we set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and you acknowledge that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result. You agree that we are not obliged to contact you to alert you that the domain name registration services are being continued. In this case, the domain name will be designated as being in the extended redemption grace period ("ERGP"), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay a fee of $160 (US dollars) plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services.

In the case of (iii), above, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services for a period of up to 42 days after the end of the reactivation period, as such reactivation period applied to you. You agree that we are not obliged to contact you to alert you that the domain name registration services are or were auctioned. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result of such an auction. To exercise your rights to recover auctioned domain name services, you must contact us and provide us with a certified letter addressed to "Expiration Recovery" and including documents setting forth your identity and address, which identity and address must be the same as that of the registrant as it was listed in the WHOIS information for the domain name services prior to expiration, a copy of a commonly accepted (in the United States) picture ID (such as a drivers license or passport) which supports your identity and address claim, a front and back photocopy of your credit card and you must a statement authorizing payment of the reinstatement fee to such credit card, which is $160 plus any registration fees. In doing so, you must provide us with sufficient time to allow us to receive and evaluate your documents and to contact the auction winner prior to the end of 30 days after the end of the reactivation period of the domain name services.

LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00 US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNITY: With respect to ICANN, the registry operators, us, and your Primary Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification required under the UDRP.

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

GOVERNING LAW AND JURISDICTION FOR DISPUTES: Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. You agree that any action brought by you to enforce this Agreement or any matter brought by you and which is against or involves us and which relates to your use of the Services shall be brought exclusively in the United States District Court for the Western District of Washington, or if there is no jurisdiction in such court, then in a state court in King County, Washington state. You consent to the personal and subject matter jurisdiction of any state or Federal court in King County, Washington state in relation to any dispute between you and us under this Agreement. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or domain name WHOIS information. Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where we are located, currently Bellevue, W.A.

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

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

GENERAL: This Agreement, the Schedules, Annexes and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.

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

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

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

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

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

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

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

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

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

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

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

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

2. ncorporation of .pro Restrictions and Challenge Processes. You acknowledge having read, and understand and agree to be bound by, the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

   10. "stalking" or otherwise harassing another;

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

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

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

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

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

   16. posting any MP3 format files;

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

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

5. Disclaimer of Warrantees: Limitation of Liability.
   

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

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

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

6. Customer Materials; Representations; Indemnification; Policies.
   

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

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

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

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

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

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

9. Utilizing our NameServers and Default parking. You acknowledge and agree that any or all domain names that are registered with GoRegister.com, LLC and hosted on the GoRegister.com default name server ns.GoRegister.com.com or ns2.GoRegister.com.com may resolve to an "Under Construction" or similar temporary Web page ("Under Construction Page"), and that GoRegister.com, LLC may place on any such Under Construction Page promotions and advertisements for, and links to third-party Web sites, third-party product and service offerings, and/or Internet search engines. You agree that GoRegister.com, LLC may change the content and/or appearance of, or disable, any Under Construction Page at any time, in its sole discretion, and without prior notice. If for any reason, you do not want a domain name to resolve to the Under Construction Page described above, you may make DNS updates via your Membership Account to opt out of this service.

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

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

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

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

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

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

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

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

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

8. Limitation of liability: YOU AGREE THAT GoRegister.com 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 GoRegister.com LLC CONTROL; (8) THE PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. GoRegister.com 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 GoRegister.com LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GoRegister.com LLC MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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