I-WEBSHOP'S (FIRST ICON MEDIA) TERMS OF SERVICE

Additional Policies and Agreements

The use of I-Webshop Services is also determined by the following policies, which are included by reference. By using Our Services, you also agree to the terms of the following policies.

Additional terms may also apply to certain Services, and are combined by reference herein as applicable
User Agreement

Agreeing to I-Webshop's (First Icon Media) Acceptable Use Policy and Terms of Service is mandatory for using our services.
Please make sure you read everything carefully. If any of these is infringed, we reserve the right to suspend such violating websites.

We don't allow HYIP websites. This is as well as sites relating to extreme money making, gambling, e-gold doublers, Adult Sex websites etc.

Introduction
During the term of its agreement with I-Webshop (First Icon Media), the customer must ensure that the use of any resource offered to the customer or owned or controlled by I-Webshop (First Icon Media) ("Service") conforms with I-Webshop's current Acceptable Use Policy ("AUP"). I-Webshop may modify, without prior notice, the AUP as I-Webshop deems appropriate; such modified AUP is effective upon posting on I-Webshop's website.

Responsibility
You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host with / without a notice and without a refund.

1. Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) (e.g. mail@yourdomain.com) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with I-Webshop, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. I-Webshop is NOT responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our support team via email via support@iwebshop.com.ng. Providing false contact information of any kind may result in the termination of your account.

2. Transfers
Our transfer team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we CANNOT make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your signup date. Transfers outside of the 30 day free period will incur a charge; please contact us on support@iwebshop.com.ng with specific details to receive a price quote.

3. Content
All services provided by I-Webshop may only be used for lawful purposes. The laws of the Nigeria apply.
The customer agrees to indemnify and hold harmless I-Webshop from any claims resulting from the use of our services
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@iwebshop.com.ng with the information required. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:
o Topsites
o IRC Scripts/Bots
o Proxy Scripts/Anonymizers
o Pirated Software/Warez
o Image Hosting Scripts (similar to Photobucket or Tinypic)
o AutoSurf/PTC/PTS/PPC sites
o IP Scanners
o Bruteforce Programs/Scripts/Applications
o Mail Bombers/Spam Scripts
o Banner-Ad services (commercial banner ad rotation)
o File Dump/Mirror Scripts (similar to rapidshare)
o Commercial Audio Streaming (more than one or two streams)
o Escrow/Bank Debentures
o High-Yield Interest Programs (HYIP) or Related Sites
o Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
o Sale of any controlled substance without prior proof of appropriate permit(s)
o Prime Banks Programs
o Lottery/Gambling Sites
o MUDs/RPGs/PBBGs
o Hacker focused sites/archives/programs
o Sites promoting illegal activities
o Forums and/or websites that distribute or link to warez/pirated/illegal content for which you don't hold usage or distribution rights
o Bank Debentures/Bank Debenture Trading Programs
o Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) and activities of any kind.
o Mailer Pro
o Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
o Tell A Friend Scripts
o File upload, sharing, archive, backup, mirroring or distribution services
o Website primarily created to distribute large documents, images, videos or drive traffic to other sites.
o Heavy websites that may over utilize bandwidth or resources (RAM, CPU, etc)
o Torrent software
o Network Daemons
o Abusive scripts, processes
o Adult Thumbnail Galleries / Banner Exchanges
Examples of unacceptable material on all Dedicated servers include:
o IRCD (irc servers)
o IRC Scripts/Bots
o Pirated Software/Warez
o IP Scanners
o Bruteforce Programs/Scripts/Applications
o Mail Bombers/spam Scripts
o Escrow
o High-Yield Interest Programs (HYIP) or Related Sites
o Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
o Sale of any controlled substance without prior proof of appropriate permit(s)
o Prime Banks Programs
o Lottery/Gambling Sites
o Hacker focused sites/archives/programs
o Sites promoting illegal activities
o Bank Debentures/Bank Debenture Trading Programs
o Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
o Mailer Pro
o Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

I-Webshop (First Icon Media) services, including all related equipment, networks and network devices are provided only for authorized customer use. I-Webshop systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of I-Webshop system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. I-Webshop may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Any violation as stated above may result in the suspension or termination of your services with or without notice. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be terminated immediately without notice.

Resellers: We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

4. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

5. Payment Information
You agree to supply appropriate payment for the services received from I-Webshop (First Icon Media), in advance of the time period during which such services are provided. You agree that until and unless you notify I-Webshop of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of I-Webshop, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify I-Webshop of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by I-Webshop.

It is the customer's responsibility to notify our billing team via email at billing@iwebshop.com.ng after paying for a product/service renewal and to ensure the email is received and acted upon. Product/service renewal notices and invoices are provided as a courtesy reminder and I-Webshop cannot be held responsible for failure to renew a product/service or failure to notify a customer about a product/service renewal.
No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final. I-Webshop reserves the right to change the annual payment amount and any other charges at anytime.

6. Backups and Data Loss
Your use of this service is at your sole risk. I-Webshop is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on I-Webshop servers.

7. Promotional Terms
If you purchased a product/service during a promotion bundled with a free product (i.e a domain name) and you fail to renew it before the date of expiration or a change is made to the billing cycle of the product during the promotional period, the terms of the promo become void. The free product will be charged at the standard renewal rate of the current price of the product.
Domain name promo discount offers does not apply to renewals, transfers, premium domains, trademark domains and pre-registration domain fees except otherwise stated in the promotional communication.

8. Cancellations and Refunds
I-Webshop reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

9. Resource Usage

a. User may not:

i. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
ii. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
iii. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
iv. Run any software that interfaces with an IRC (Internet Relay Chat) network.
v. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
vi. Participate in any file-sharing/peer-to-peer activities
vii. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
viii. Run cron entries with intervals of less than 15 minutes.
ix. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
x. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
xi. To help reduce usage, do not force html to handle server-side code (like php and shtml).
xii. Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
b. INODES:
The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.
User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: ":fail: No such user here"

10. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

11. Reseller: Client Responsibility
Resellers are responsible for supporting their clients. I-Webshop does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. I-Webshop will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

12. Shared (non-reseller accounts) / Semi Dedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.

13. Price Change
We reserve the right to change prices listed on iwebshop.com.ng, and the right to change the amount of resources given to plans at any time.

14. Indemnification
Customer agrees that it shall defend, indemnify, save and hold I-Webshop (First Icon Media) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against I-Webshop, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless I-Webshop against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with I-Webshop; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from I-Webshop's server.

15. Disclaimer
I-Webshop shall not be responsible for any damages your business may suffer. I-Webshop makes no warranties of any kind, expressed or implied for services we provide. I-Webshop disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, non-payment of service rendered to clients as at when due and any and all service interruptions caused by I-Webshop and its employees.

16. Disclosure to law enforcement
I-Webshop may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

17. Changes to the TOS
I-Webshop reserves the right to revise its policies at any time without notice.

18. Important Notice For .NG Domains
There are terms and conditions for registering a .ng domain name, it's quite much, but we will summarize it in a few sentences. Interested in the whole lot, get it here. You may also click here to download the full policy
o The registrant must be an individual or entity present in Nigeria, or having a trademark, business or proxy in Nigeria.
o Domains will not be registered for speculative purposes.
o Although, domains operate on a first come-first serve basis, a registrant shall not register another entity's trademark as a name except if he has rights to such trademark as well e.g. an individual will NEVER be allowed to register glo.com.ng except if it's authorized by Globacom.
o Generic domain registration requests (esp. .com.ng)will not be accepted. Many of generic names are regarded as premium names which will be auctioned at a later date e.g jobs.com.ng
o .edu.ng is reserved for degree awarding higher institutions (polythecnics and colleges of education inc.), .gov.ng is reserved for governmental parastatals and setups, .net.ng for telecoms setups.

19. Important Notice For Affiliates
There are terms and conditions for clients who would like to be part of our affiliate system.
o The affiliate is credited an initial sum of N500 for subscribing to our Affiliate System.
o The affiliate gets up to 15% on every paid shared hosting account, email hosting & sitebuilder, as well as up to 5% on every paid cloud hosting, reseller hosting account & bizgrowth account after 10 maturation days by or from each identified visitor from your website or using your unique Affiliate Link.
o The affiliate can only withdraw after the N3000 mark is reached. The affiliate may decide however to keep the money in the system.
o Money withdrawn by the affiliate will be paid on a weekly basis and shall be paid every Tuesday via bank transfer into any bank account in Nigeria.
o Money withdrawn would be paid to an account with the name of the affiliate.
o Two or more affiliate accounts cannot be combined.
o You cannot refer yourself.
o If your referral cancels or is refunded for his/her product or service, you will have to refund any commission paid by I-Webshop, within 30 days. Otherwise, it will be deducted from related commission in your account or the next payment.
o Ensure that your Affiliate Link is setup properly to qualify for commissions, as this allows I-Webshop to identify or track visitors originating from you.
o If you refer someone who has made payment but did not use your unique affiliate link, simply ask the referral to send us a mail stating your email address and that you referred them.

20. Customer Responsibilities
o Bulk Email
Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from bulk email list. Customer must include the source of the addressee's address in each bulk email message.
o CPU Usage
Sites may not use extreme unwarranted CPU usage. This includes usage of "heavy" scripts or Flash/shockwave files. By heavy we mean oversized without cause, to the point where most users would be unable to view them in a reasonable amount of time. No single site may consume 30% of CPU usage for a sustained period of time.
o Password Protection
Customer is responsible for protecting passwords and for any authorized or unauthorized use.
o Content Protection
Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any Service.
Content Ownership Customer is responsible for all content or information residing on, or obtained, or transmitted via, the Service, regardless of whether such use is by Customer.
o File repository / Dump Sites
Customer may not use disk space as a file repository, or dump site. This includes but is not limited to; warez, serials, sound files, applications, zip files. This includes using the space in order to store content used on other sites (remote linking) . Examples of this would be using the web space to store images for auction descriptions, flash or any other files used on another site but stored on our server.

21. Violation of Rules
Breaking any of these aforementioned rules may result in immediate account suspension with or without notice and also without refund, as well as criminal prosecution where deemed necessary.

22. Disclaimer
I-Webshop will not be held responsible for any damages, events that may occur resulting from the use of our services, downtimes, failure or refusal to register or renew your products and services with us. ennovateNIGERIA or I-Webshop will only be liable to provide a full refund of monies paid to us for such products or services.

Expired Domain / Website
I-webshop and its subsidiaries will NOT be held liable for any domain or website that is NOT renewed nor restored during Redemption Grace Period. Any domain that enters a stage called Pending Delete period can NO longer be restored, renewed, or recovered by the previous owner or registrar and the domain is scheduled to become available for fresh registration.

I-webshop and/or its subsidiary CANNOT be held liable to any deleted domain(s), made available across all registrars, picked up by Backorder systems or registered afresh by another client or registrars.

Web Development Terms of Service

By placing an order with I-Webshop for website design and development services, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions

The Client: The company or individual requesting the services of I-Webshop.

I-Webshop: Primary designer/site owner & employees or affiliates.

Terms and Conditions

These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by I-Webshop Limited for its clients.

OUR FEES AND DEPOSITS

A 60% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 40% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the "approval of work" and "rejected work" clauses. We reserve the right not to commence any work until due first installment has been paid in full.

SUPPLY OF MATERIALS

You must supply everything we need to complete the project and in the format we need to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to images, content, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed. You'll review our work; provide feedback and approval in a timely manner too. Deadlines work two ways, so you'll also be bound by dates we set together.

VARIATIONS

We are pleased to offer you the opportunity to make reversions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification after approval has been given.

Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the cost of N10,000. A minor change is anything that has to do with adjusting of size, change of placement, moving of component, colour change, image replacement or text change. A major change is an addition of a new feature which has been agreed possible by I-Webshop e.g. new shipping option, new payment option. This does not mean upgrades of unlimited complexity, but within the measurable framework of the existing content management system.

PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in via mail of any unsatisfactory points within 7 days of such notification.

Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 40% balance of the project price will become due.
REJECTED WORK

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been illogical/irrational in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

PAYMENT

Upon completion of the 7-day review period after the website design and development has been completed, we will invoice you for the 40% balance of the project.

WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

LICENSING

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.

SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation integration according to current best practice.

CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of I-Webshop under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
NON-DISCLOSURE

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

BACKUPS

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

We will supply your account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

Domain Transfer: A transfer fee (Release fee) is charged by I-Webshop. This is to be determined by either by I-Webshop and/or its subsidiary.

GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the Federal Republic of Nigeria. You and I-Webshop (First Icon Media) submit to the non-exclusive jurisdiction of the courts in and of the Federal Republic of Nigeria in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

CROSS BROWSER COMPATIBILITY

By using current versions of well supported content management systems such as, we endeavour to ensure that the websites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

E-COMMERCE

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify I-Webshop (First Icon Media) and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from you or your clients' use of Internet electronic commerce.

TERMINATION OF SERVICES

If the client changes his/her mind about doing work with I-Webshop (First Icon Media) during the course of the initial web design or development phase, the client will be responsible for the amount of work already completed. Depending on the amount of work completed at the time of cancellation, this may mean receiving a full refund, a partial refund, no refund, or owing additional fees. In order to protect clients from unintentional service interruption, clients wishing to terminate any services must request the service termination in writing.

NON-PAYERS

If the balance on a completed project is not been paid within ten business days, a 10% penalty will be added. For example, if the remaining balance on a completed project is N1,000, and that balance is not paid within ten business days, the new balance on the complete project will automatically be increased to N1,100. Balances that are not paid within 30 days, the account is subject to suspension with or without prior notice. Balances that are not paid within 60 days, the account is subject to complete termination with or without prior notice. Clients experiencing financial hardship should contact I-Webshop Sales department to discuss payment options. I-webshop and or its subsidiaries will NOT be held responsible for any terminated or suspended account.

PROJECT TIMELINESS REQUIREMENTS FOR CLIENTS

Projects can be hindered if the client does not provide feedback or required elements in a timely manner, such as feedback on a design mockup, requested sitemaps, text to be used as content on the web pages, photos for either the design or for the content, the client's logo, appropriate account login information, etc. For that reason, if I-Webshop’s Web Design team is waiting for content or other piece of information, the client will be notified.

If the client fails to handle the requests within 3-5 business days, the project timeline will be moved in simultaneously. However, if the client fails to handle the requests within ten business days, the project will be frozen and the sum of N20, 000 will be made payable to I-Webshop to resume the project.

PAYMENT GATEWAYS

Clients are required to create merchant accounts with their choice payment gateways and send in merchant IDs for integration at an agreed cost. Interswitch payment gateway(s) integration can be done through I-Webshop (First Icon Media) at a discounted rate with free integration if I-Webshop (First Icon Media) developed the e-commerce platform.

DISCOUNTS

Logos: This is created at a discounted rate only for clients who have also subscribed to our website development service.

Branding: This discount applies to clients who agree to brand their websites with our business name by way of permitting our business name and URL to be on their website.

Website affiliates: I-Webshop (First Icon Media) runs a website affiliate system whereby 2% finder's fee is allotted to sealed website jobs referred by such affiliate partners. The commission is only redeemable after the website has been handed over and referred client has completed payment

REFUND POLICY

Design: Refund of money paid for any design related job is not possible; therefore, there is a non-refundable policy for any graphic job done by I-Webshop (First Icon Media)

Development: refund of money can be made to clients not satisfied with their website requirement (Although we are certain that won't be the case). However, this will less the calculations of the amount of effort and other input invested by the Web design team

WEBSITE MAINTENANCE

This agreement allows for minor web site maintenance to pages over a 1-month period, up to an average of one half hour per regular web site, including updating lines and making minor changes to a sentence or paragraph. It does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, and navigation structure changes, attempted updates by client repairs or web design projects delivered to the client via diskette. The period of 1 month begins on the date the client's web design site has been published to client's hosting service or 30 days from the date this agreement was signed, whichever comes first. If the client's web design package includes database access using Server Side Script, then very minor page code changes will be accepted under this maintenance plan. Major page code and/or database structural changes will be charged accordingly.

Reseller Hosting Terms of Service

This Reseller Hosting Agreement (the “Agreement”) is made between I-Webshop (First Icon Media) (“I-Webshop” or “First Icon Media”), a I-Webshop and Reseller who orders I-Webshop Services (“Reseller” or “You” or “Your”) Each of I-Webshop and Reseller referred to as a “Party” and collectively as “Parties” under this Agreement.

The Agreement applies to the Reseller's use of the Services and is governed by these Reseller Hosting Terms of Service which include general Terms of Service, Privacy Policy and the terms of your Order which may have additional Product Terms and Conditions that apply to the particular services in your Order set forth on I-Webshop's website, as the same may be modified by I-Webshop from time to time and all of I-Webshop’s policies, all herein incorporated by reference and shall be deemed a single agreement (collectively the "Agreement"). I-Webshop and its subsidiary (First Icon Media) may modify the Agreement and the any other applicable Product Terms from time to time in its sole discretion, which modifications will be effective upon posting to I-Webshop's website. Your use of the Services includes the ability to enter into agreements and make purchases electronically.

You acknowledge that your electronic approval constitutes your acceptance to the Agreement for each electronic purchase or transaction you enter. I-Webshop and/or its subsidiary (First Icon Media) may accept or reject any Order you submit in its sole discretion. I-Webshop and/or its subsidiary (First Icon Media) provisioning of the Services described in an Order shall be I-Webshop’s acceptance of the Order. If you are entering into this Agreement on behalf of a legal entity, such as the company you work for, you warrant and represent to us that you have the legal authority to bind that entity to this Agreement. You acknowledge and agree you will use this Service for the purpose of reselling web hosting.

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE COMPANY’S PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALONG WITH ANY NEW, DIFFERENT OR ADDITIONAL TERMS, CONDITIONS OR POLICIES WHICH COMPANY MAY ESTABLISH FROM TIME TO TIME. YOU MAY VIEW THE LATEST VERSION OF THIS AGREEMENT ONLINE.

In addition, when You use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Company, whether or not the transactions were in Your behalf, You signify your agreement to the terms and conditions contained in this Agreement.

1. Definitions

Whenever used in this Agreement, the following capitalized terms shall have the respective meaning specified below:

“Reseller Data” means all data (including software, text, sound files and Personal Data) and other content that are stored by you or your end-user(s) on the Hosted System or otherwise processed by you or your end-user(s) through your use of the Services.

“Order” means (i) the online order that you submit or accept for the Services, (ii) any other written order (either in electronic or paper form) provided to you by I-Webshop and/or its subsidiary (First Icon Media) for signature that describes the type or types of services you are purchasing, and that is signed by you, either manually or electronically, and (iii) your use or provisioning of the Services through the I-Webshop cloud control panel or through an API.

“Personal Data” means any information that is referred to as personal identifiable information, personal data or personal information (or other like term) under applicable data protection or privacy law. It includes information that by itself or combined with other information can be used to identify a person.

“Product Terms and Conditions” means the terms and conditions that are incorporated by reference in your Agreement and that state additional terms and conditions for the particular Services you are buying.

“Support” means (i) I-Webshop employees with training and experience relative to the Services will be available ‘live’ by telephone, chat and ticket twenty-four (24) hours per day, seven (7) days per week, all year round, and (ii) any additional level of assistance offered by I-Webshop and/or its subsidiary (First Icon Media) for the specific Services you are purchasing, and described in the applicable Product

Terms and Conditions or Order.

“Business Day” means Monday to Friday, excluding public holidays.

“Business Hour” means 9:00 a.m. – 5:00 p.m. on a Business Day.

“Claims” means any claim, demand, action, suit, cause of action, assessment or reassessment, charge, judgment, debt, liability, expense, cost, damage or loss, direct or indirect, contingent or otherwise, including loss of value, reasonable professional fees, including fees of legal counsel on a solicitor-and-End User basis, and all costs incurred in investigating or pursuing any of the foregoing or any proceeding relating to any of the foregoing.

“Confidential Information” means all non-public technical information and business information, programming, software code, trade secrets, marketing strategies, software, documentation, Reseller data, financial information and any other information which in the circumstances of its disclosure could reasonably be viewed as confidential. Confidential Information shall not include information that:

is or becomes a part of the public domain through no act or omission of the Receiving Party;
was in the Receiving Party’s lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or indirectly from the Disclosing Party;
is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure; or
is independently developed by the Receiving Party, provided that the foregoing shall not be deemed to permit use or disclosure of information in breach of applicable law. Each Party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by it or its employees, mandatories or agents in violation of the terms of this Agreement or applicable law.

“End User” means an individual or legal entity that obtains the Services from the Reseller.

“End User Licence Agreements” or “EULAs” means the applicable terms of service agreements with I-Webshop and Third Party Suppliers governing use of the Services, which are provided by I-Webshop and/or its subsidiary (First Icon Media), appear upon first use of each Product, or are otherwise made accessible by web link or otherwise to the End User.

“Intellectual Property Rights” means all rights protectable by copyright, trademark, patent, industrial design or trade secret and other intellectual property rights under any law including common law.

“Products” means any service of I-Webshop and/or its subsidiary (First Icon Media) or third party providers made available through the Hosting Reseller Program.

“Third Party Suppliers” means third party suppliers of Products included in the Hosting Services.

2. Additional Policies and Agreements

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Privacy Policy
Terms of Service
Refund Policy

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

3. I-Webshop and/or its subsidiary (First Icon Media) Responsibilities

I-Webshop and/or its subsidiary (First Icon Media) shall provide to you the Services and Support subject to the terms and conditions of Agreement but this is dependent on your complete payment for the order before it is provisioned and then I-Webshop and/or its subsidiary (First Icon Media) will comply with all laws applicable to its provision of the Services.

4. Reseller Responsibilities

Reseller shall comply with applicable law and the terms and conditions of the Agreement
Reseller shall ensure that the Services shall be made available only to End Users or sub-resellers who in turn make Services available to

End Users;
Reseller shall ensure that each End User enters into the applicable End User Licence Agreements with Reseller, Reseller’s sub-reseller, I-Webshop and Third Party Suppliers prior to the Reseller providing any access to the Services and prior to any use of the Services by the

End User; and
Reseller shall pay I-Webshop the amounts set out for each order for Services attributed to Reseller. Reseller shall bear all taxes, duties, levies, and other similar charges (and any related interest and penalties), however designated or imposed on it as a result of the existence or operation of the Agreement, including any income, sales, or use tax on profits which may be levied against it.
Reseller will conduct itself in a professional manner and will keep up a reputation to deal fairly with its Resellers or End Users. Reseller will not make any statement, or take any action, that could reasonably be expected to reflect poorly on Company or on the reputation of Company or its products and services.

Reseller will cause its personnel who are responsible for Reseller's activities under the Agreement to remain well-informed concerning Company's products and services. Among other things, Reseller will cause such personnel to review Company's web site occasionally to ensure that such personnel are reasonably familiar with Company's product offerings, pricing, promotions and service terms and conditions.
The Reseller will determine its own resale prices to Reseller resellers.

Reseller shall ensure that your Reseller account information as it appears in the online client account is true, accurate, current and complete
Reseller assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Reseller Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
Unless provided otherwise, Reseller is solely responsible for making back-up copies of the Reseller Website and Reseller Content. You agree that you will maintain at least one (1) additional current copy of your Reseller Data and programs stored on the I-Webshop’s servers somewhere other than I-Webshop Server and You are not allowed keep backups on individual accounts created in your Reseller accounts. This also includes Softaculous backups etc and if found, Reseller agrees that the Company reserves the right to delete such backup without prior notice.

Reseller is responsible for ensuring that there is no excessive overloading, phishing, spamming or sending bulk emails, fraudulent activities on I-Webshop servers while the Reseller agrees that the Company reserves the right to suspend the recipient of activities that threatens the stability of its network temporarily or permanently from its hosting servers.
Reseller may set the prices to End Users for the Products/ Services offered by Reseller (“Retail Prices”).

5. End User Data

Reseller and I-Webshop shall be responsible for, and shall follow good industry practices for safeguarding, maintaining confidentiality of data of End Users and shall comply with all applicable data protection and privacy laws with respect to any data of End Users. Although Reseller and I-Webshop may have access to data of End Users using the Products/ Services, the parties shall do so only to the extent necessary to carry out their respective responsibilities under this Agreement for no other purpose. Nothing in this Agreement permits either parties or both Parties to disclose or distribute any data of End Users obtained through activities under this Agreement. For greater clarity I-Webshop shall not use any data provided by End Users or Reseller about End Users for direct or indirect solicitation, marketing, sales or other promotions for itself, any affiliates or any third parties. Data provided by Reseller to I-Webshop or entered into I-Webshop systems shall be Confidential Information of Reseller. This does not prevent in any way I-Webshop to solicit through its normal practices End Users.

6. Reseller Account Usage

Furthermore, reseller agrees to the following below;
System Resource Usage (CPU/Memory/etc.): Per our terms of service, abuse of system resources is prohibited. First violations may or may not cause an account suspension depending on the severity of the issue. The Reseller will receive a clear warning. Second or third violations may result in an immediate termination of your account. I-Webshop staff members will judge based on server performance on what type of activity is considered as abusive. Reseller agrees that Reseller shall not use excessive amounts of CPU processing on any of Company's servers. Any violation of this policy may result in corrective action by Company, including assessment of additional charges, disconnection or discontinuance of any and all Program, or termination of the Agreement, which actions may be taken in Company's sole and absolute discretion. If Company takes any corrective action under this section, Reseller shall not be entitled to a refund of any fees paid in advance prior to such action.

Cron Jobs: While Resellers are able to setup cron jobs through their control panel , cron job timing can not be quicker than every 5 minutes. Each server will revert 'every minute' cron jobs to every 5 minutes on a nightly basis.
Bandwidth and Disk Usage: Reseller agrees that bandwidth and disk usage for each account created under its Reseller account shall not exceed one-third of the total number of megabytes assigned to the entire Reseller account for the Services ordered by Reseller on the Order Form. I-Webshop will monitor Reseller's bandwidth and disk usage. I-Webshop shall have the right to take corrective action if Reseller's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. Which actions may be taken is in I-Webshop sole and absolute discretion. If I-Webshop takes any corrective action under this section, Reseller shall not be entitled to a refund of any fees paid in advance prior to such action.

Backups and Backup Access: Reseller acknowledges that individual site backups are the responsibility of the Reseller. I-Webshop keeps overall system snapshots in case of full system recovery and may not be able to provide you with on-demand recovery in case of individual file corruption or accidental deletion. Reseller agrees that you will maintain at least one (1) additional current copy of your Reseller Data and programs stored on the I-Webshop’s servers somewhere other than I-Webshop Servers and You are not allowed keep backups on individual accounts created in your Reseller accounts. For Softaculous backups on individual accounts created in Reseller account. Reseller agrees not to keep more than three (3) latest versions of backups as older backup may be deleted with or without prior notice. If you utilize I-Webshop’s CodeGuard backup services, you are responsible for initiating, performing and testing restores of backup as well as testing your systems and monitoring the integrity of your Reseller Data to determine the quality and success of your backups.

Upgrade/Downgrade: Reseller agrees that downgrading a reseller account to a shared hosting account is not allowed but you can upgrade at any time to a higher package.

7. Confidentiality
A Party receiving Confidential Information (the “Receiving Party”) shall maintain the confidentiality of all Confidential Information of the Party disclosing the Confidential Information (the “Disclosing Party”) and shall not release, disclose, divulge, sell or distribute any Confidential Information, without the prior written consent of the Disclosing Party. The Receiving Party may only use and copy the Disclosing Party’s Confidential Information as is necessary to carry out its activities contemplated by this Agreement and for no other purpose. The Receiving Party may disclose the Disclosing Party’s Confidential Information to its employees on a “need to know basis”, provided that it shall first instruct such employees to maintain the confidentiality thereof. Reseller may disclose Confidential Information to End Users to the extent necessary to carry out the intent of this Agreement, but such End Users shall have entered into an End User Licence Agreement. I-Webshop may disclose Confidential Information to Third Party Suppliers to the extent necessary for the provision of the Products provided by such Third Party Supplier and compliance with its agreements with such Third Party Suppliers.

Disclosure of Confidential Information shall be permitted if such Confidential Information is required to be disclosed by law or by any rule, regulation or order of a person having jurisdiction or pursuant to a final order or judgment of a court of competent jurisdiction, and in such case the Parties will cooperate with one another to attempt, if possible, to obtain an appropriate protective order or other reliable assurance that confidential treatment will be afforded to such Confidential Information prior to disclosing such Confidential Information.
The Parties acknowledge and agree that any breach of the terms of this Section 9 will cause irreparable harm and damage to the aggrieved Party. The Parties further agree that each Party shall be entitled to injunctive relief to prevent breaches of this Section 9, and to specifically enforce the terms and provisions of this Section 9, in addition to any other remedy to which such Party may be entitled, at law or in equity.
During the term of the Agreement and for two years following expiration or termination of the Agreement, Reseller will not, directly or indirectly, solicit or recruit the services of any employee of Company performing services under the Agreement, while such employee is employed by Company and for a period of six months after such employee has left the employment of Company.

8. Property Rights
Company hereby grants to Reseller a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of the Agreement, to use Company technology, products and services solely for the purpose of accessing and using the Program. Reseller may not use Company’s technology for any purpose other than accessing and using the Program. Except for the rights expressly granted above, the Agreement does not transfer from Company to Reseller any Company technology, and all rights, titles and interests in and to any Company technology shall remain solely with Company. Reseller shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Company.
Company owns all right, title and interest in and to the Program and Company's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Program and the related hardware, software and systems ("Marks"). Noting in the Agreement constitutes a license to Reseller to use or resell the Marks.

9. White Labelling

Reseller (and its sub-resellers) may provide the Products/ Services to End Users through a web portal or online marketplace with Reseller’s branding (or sub-reseller’s branding), provided that Reseller shall be wholly responsible for any trade-marks used for such branding including any claims of infringement of any third party’s trade-marks. Reseller shall not alter, obscure or remove any branding or trade-marks of Third Party Suppliers of the Products, including standard branding and trade-marks, which display during access or use of the Products through the Products/ Services.
10. Trade-mark Use

Each Party recognizes I-Webshop’s, Third Party Suppliers’ and Reseller’s ownership and title to their respective trade-marks, service marks and trade names whether or not registered (collectively, “Marks”). Reseller may be provided a limited right to use Marks of Third Party Suppliers (“Supplier Marks”) in connection with promotion and distribution of the Products/ Services and Products. Except for these limited rights, Reseller may not use Supplier Marks in advertising, promotion, and publicity without the express written consent of I-Webshop or the Third Party Suppliers, respectively.

11. Termination
I-Webshop may terminate your access to the Services, in whole or in part, without notice in the event that:
You fail to pay any fees due;
You violate this Agreement;
Your conduct may harm I-Webshop or others or cause I-Webshop or others to incur liability, as determined by I-Webshop in our sole discretion; or
As otherwise specified in this Agreement. In such event, I-Webshop shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, I-Webshop may charge you for all fees due for the Services for the remaining portion of the then current term.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

12. Disclaimer of Warranties

I-WEBSHOP AND/OR ITS SUBSIDIARY (FIRST ICON MEDIA) MAKES NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND CONCERNING THE PRODUCTS/ SERVICES, THE PRODUCTS OR THEIR USE, ACCURACY, FUNCTION OR OWNERSHIP AND SHALL NOT BE LIABLE IN ANY MANNER FOR ANY MANNER FOR ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED OR COLLATERAL OR WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE PRODUCT WILL BE ERROR FREE. RESELLER ACKNOWLEDGES THAT PORTIONS OF THE PRODUCTS/ SERVICES ARE PROVIDED BY THIRD PARTY SUPPLIERS WHOSE PERFORMANCE IS NOT WARRANTED OR GUARANTEED BY I-WEBSHOP. RESELLER SHALL NOT BE AUTHORIZED TO MAKE ANY WARRANTY, REPRESENTATIONS OR WARRANTIES OR CONDITION, WHETHER WRITTEN OR ORAL, ON BEHALF OF I-WEBSHOP. RESELLER SHALL BE SOLELY RESPONSIBLE FOR ANY WARRANTIES FOR THE SERVICES GIVEN BY RESELLER

13. Indemnities
I-Webshop shall indemnify and hold harmless the Reseller, its employees, officers, directors, mandataries and agents from and against any and all Claims brought by a third party arising out of or in connection with infringement or alleged infringement of the Intellectual Property Rights of such third party due to the distribution of the Products/ Services under this Agreement. If the Products/ Services become or are likely to become the subject of an infringement claim or action, I-Webshop may at its sole discretion:
procure, at no cost to the Reseller, the right to continue distributing and using Products/ Services;
replace or modify the Products/ Services so that they become non infringing; or
withdraw the Products/ Services and terminate any End User Licence Agreement without further obligation.
Except for matters subject to the indemnity referred to in Section 13(a), Reseller shall indemnify and hold harmless I-Webshop and the Third Party Suppliers from any Claims arising from its distribution of the Products/ Services hereunder.

14. No Consequential Damages; Limitation of Liability

IN NO EVENT SHALL I-WEBSHOP BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR OTHERWISE. IN NO EVENT SHALL I-WEBSHOP’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID, UNDER THIS AGREEMENT BY RESELLER IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY SHALL NOT APPLY TO THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS SET OUT SECTION 7 OR I-WEBSHOP’S OBLIGATIONS TO INDEMNIFY PURSUANT TO SECTION 13(A).

15. Reservation of Rights.

Company explicitly reserves the right and sole discretion to:
Censor any web site hosted on its Web Hosting servers that, in Company's sole discretion, is deemed inappropriate;
Review every Reseller 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 Web Hosting 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 Company determines to be harmful to its other Resellers, operations, or reputation;
Terminate your Web Hosting service if the contents of your web site result in, or are the subject of, legal action or threatened legal action, against Company 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. Company has no obligation to monitor your site or any of your content, but reserves the right in its sole discretion to do so.

16. Dispute Resolution Policy

Reseller agrees that if a dispute arises as a result of one or more web sites Company is hosting for you, you will indemnify, defend and hold Company harmless for damages arising out of such dispute. Reseller also agrees that if Company is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Company, that Company, in its sole discretion, may take whatever action Company deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

17. Miscellaneous
Media Releases: Except for any announcement intended solely for internal distribution by either Party or any disclosure required by legal, accounting, or regulatory requirements, all media releases, public announcements, or public disclosures, including but not limited to promotional or marketing material, by either Party or its employees, mandataries or agents which includes references to the other Party or the Marks of the other Party shall be coordinated with and approved in writing by the such person prior to the release thereof.
Independent Contractors: The Parties are independent contractors under this Agreement and nothing in this Agreement shall be construed to create any partnership, joint venture, employment or agency relationship whatsoever as between I-Webshop and Reseller. Either Party shall not, by reason of any provision herein contained, be deemed to be the partner, mandatory, agent or legal representative of the other Party nor to have the ability, right or authority to assume or create, in writing or otherwise, any obligation of any kind, express or implied, in the name of or on behalf of the other Party.

Entire Agreement: This Agreement and the additional policies and agreement stated hereto collectively constitute the entire agreement between the Parties pertaining to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions with respect to the subject matter hereof whether oral or written. In case of a conflict between the Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Reseller or Company, the terms and conditions of the Agreement shall control. No additional terms or conditions relating to the subject matter of the Agreement shall be effective unless approved in writing by any authorized representative of Reseller and Company. This Agreement may only be amended, modified or supplemented by a written agreement signed by both of the Parties hereto; provided, however, that these Terms of Program may be modified from time to time by Company in its sole discretion, which modifications will be effective upon posting to Company's web site.
Governing Law & Jurisdiction: This Agreement and any dispute or claim whatsoever relating to it or its formation shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. All disputes, controversies or claims arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act CAP. A18, Laws of the Federation of Nigeria 2004, which Rules are deemed to be incorporated by reference to this clause. The number of arbitrators shall be three, each Party shall appoint an arbitrator within 14 days of service of a notice to refer any such dispute, controversy or claim to arbitration; the seat of the arbitration shall be Lagos, Nigeria, and the language to be used in the arbitral proceedings shall be English.
Non-Waiver: No waiver of any of the provisions of this Agreement is binding unless it is in writing and signed by the Party entitled to grant the waiver. The failure of either Party to exercise any right, power or option given hereunder or to insist upon the strict compliance with the terms and conditions hereof by the other Party shall not constitute a waiver of the terms and conditions of this Agreement with respect to that or any other or subsequent breach thereof nor a waiver by either Party of its rights at any time thereafter to require strict compliance with all terms and conditions hereof including the terms or conditions with respect to which the other Party has failed to exercise such right, power or option.

Force Majeure: Neither Party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of nature, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications, or any act or failure to act by the other Party or such other Party's employees, mandataries, agents or contractors; provided, however, that lack of funds and a lack of reasonable disaster recovery plans and safeguards shall not be deemed to be a reason beyond a Party's reasonable control. The Parties will promptly inform and consult with each other as to any of the above causes which in their judgement may or could be the cause of a delay in the performance of this Agreement.

Successors and Assigns: A Party may not assign this Agreement without the prior written consent of the other Party, such consent not to be unreasonably withheld. This Agreement shall ensure to the benefit of and be binding upon I-Webshop and/or its subsidiary (First Icon Media) and Reseller and their respective legal successors and permitted assigns.

Survival: All obligations of I-Webshop and/or its subsidiary (First Icon Media) and Reseller which expressly or by their nature survive expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding such expiration or termination and until they are satisfied or by their nature expire.

Notice: Any notice given under this Agreement shall be in writing and given by manually delivering it or sent by telecopy, fax or other similar means of communication. Any such notice, shall be effective upon receipt, unless received on a day which is not a Business Day in which event it shall be deemed to be received on the next Business Day. Either Party may change its address for service from time to time by notice given in accordance with the foregoing and any subsequent notice shall be sent to the Party at its changed address. Upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties’ signatures. Either party may change its address or facsimile number for purposes of the Agreement by notice in writing to the other party as provided herein. Company may give written notice to Reseller via e-mail to the Reseller’s e-mail address as maintained in Company’s billing records.

Cumulative Rights: The rights of each Party hereunder are cumulative and no exercise or enforcement by a Party of any right or remedy hereunder shall preclude the exercise or enforcement by such Party of any other right or remedy hereunder or which such Party is otherwise entitled by law to enforce.

No Third-Party Beneficiaries: Except as otherwise expressly provided in the Agreement, nothing in the Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Reseller acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Program Description, is an intended third-party beneficiary of the provisions set forth in the Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of the Agreement with respect to its products or services against Reseller as if it were a party to the Agreement.
Additional Remedies: Reseller acknowledges that an act of Reseller in violation of I-Webshop’s rights in the Products may cause irreparable damage to I-Webshop, for which money damages may not be an adequate remedy. Accordingly, if Reseller acts, fails to act, or attempts to act in violation of I-Webshop’s rights in the Software, then in addition to all I-Webshop’s other rights and remedies under this Agreement, I-Webshop and/or its subsidiary (First Icon Media) shall have the right to apply for interlocutory and permanent injunctive relief seeking to enjoin such action or failure to act.

Further Assurances: The Parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent.

Severability: If in any jurisdiction, any provision of this Agreement or its application to any Party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective only to the extent of such restriction, prohibition or unenforceability without invalidating the remaining provision hereof and without affecting the validity or enforceability of such provision in any other jurisdiction or its application to other Parties or circumstances. Counterparts. This Agreement may be executed by the Parties in separate counterparts of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument.

Language: The Parties have requested that this Agreement, together with any schedule, notice or other related document, be drawn up in the English language only.

Email Hosting Terms of Service

By placing an order with I-Webshop and/or its subsidiary (First Icon Media) for email hosting services, you confirm that you are in agreement with and bound by the terms and conditions below.
Terms and Conditions

You acknowledge that your electronic approval constitutes your acceptance to the Agreement for each electronic purchase or transaction you enter. I-Webshop and/or its subsidiary (First Icon Media) may accept or reject any Order you submit in its sole discretion. I-Webshop's provisioning of the Services described in an Order shall be I-Webshop and/or its subsidiary (First Icon Media) acceptance of the Order. If you are entering into this Agreement on behalf of a legal entity, such as the company you work for, you warrant and represent to us that you have the legal authority to bind that entity to this Agreement. You acknowledge and agree you will use this Service for the purpose of reselling web hosting.

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE COMPANY'S PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALONG WITH ANY NEW, DIFFERENT OR ADDITIONAL TERMS, CONDITIONS OR POLICIES WHICH COMPANY MAY ESTABLISH FROM TIME TO TIME. YOU MAY VIEW THE LATEST VERSION OF THIS AGREEMENT ONLINE.

In addition, when You use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Company, whether or not the transactions were in Your behalf, You signify your agreement to the terms and conditions contained in this Agreement.

Additional Policies and Agreements

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Privacy Policy
Terms of Service
Refund Policy

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

Account Setup

You expressly understand that the Email Hosting Service requires to be linked to a domain name that is operational. By purchasing Services You imply that the associated domain name belongs to you or you possess the domain access rights.

Usage Limitations and Account Provisions

You acknowledge that I-Webshop and/or its subsidiary (First Icon Media) may introduce general practices and limits toward use of the Service, including but not limited to the maximum number of days that email messages are retained by the Service, the email outgoing and incoming restrictions, the maximum size of an email message or file attachment that may be sent from or received by an account. You agree that I-Webshop and/or its subsidiary (First Icon Media) is not responsible or liable for the deletion or failure to store any messages or other communication received or transmitted using the Services. You further acknowledge that I-Webshop and/or its subsidiary (First Icon Media) retains the right to change these general including but not limited practices and limits at any time in accordance with the 'Modification Terms' section of this Agreement below.

Each of Your email accounts is limited in its allocated resources (including but not limited to email and file storage) in accordance with the subscription plan.

Storage and Security

You are responsible for security of Your password. I-Webshop and/or its subsidiary (First Icon Media) will not change passwords to any account without proof of identification, which is satisfactory to I-Webshop and/or its subsidiary (First Icon Media), which may include written authorization with signature. In the event of any partnership break-up, or other legal problems that includes you, I-Webshop and/or its subsidiary (First Icon Media) will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will I-Webshop and/or its subsidiary (First Icon Media) be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless I-Webshop and/or its subsidiary (First Icon Media) from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to I-Webshop and/or its subsidiary (First Icon Media) you should take all due precautions to provide any sensitive information over a secure communication channel.

At all times, you shall bear full risk of loss and damage to your email account and all of Your content. You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password) and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your content transmitted through or stored on the server. You shall be solely responsible for undertaking measures to:
prevent any loss or damage to Your content;
ensure the security, confidentiality and integrity of Your email content transmitted through or stored on I-Webshop and/or its subsidiary (First Icon Media) servers; and
ensure the confidentiality of Your password. I-Webshop and/or its subsidiary (First Icon Media) shall have no liability to You or any other person for Your use of I-Webshop and/or its subsidiary (First Icon Media) products and/or services in violation of these terms.

Sending Limits

You expressly understand that there are limits to emails to be sent at a time. You acknowledge that you will abide by these limits listed below
Email Hosting Type Business Email Hosting Enterprise Email Hosting
User Limit 100 emails per hour 2400 emails per day
Mailing List 5,000 external recipients per day
10,000 internal recipients per day 8,000 external recipients per day
20,000 internal recipients per day

Content

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted to You or by You through the Services, are the sole responsibility of the person from whom such Content originated. This means that You are entirely responsible for all Content You upload, email, transmit or otherwise make available via the Services.

I-Webshop and/or its subsidiary (First Icon Media) shall exercise no control over the content transmitted via the Services and, as such, does not guarantee or accept responsibility for its accuracy, integrity or quality. You understand that by using the Services, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will I-Webshop and/or its subsidiary (First Icon Media) be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, emailed, transmitted or otherwise made available via the Services. I-Webshop and/or its subsidiary (First Icon Media) has no obligation to monitor the content transmitted via the Services.

Prohibited Activities

By using any Services, provided by I-Webshop and/or its subsidiary (First Icon Media) You agree not to misuse the Services. For example, you must not and must not attempt to:
violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
make, attempt or allow any unauthorized access I-Webshop and/or its subsidiary (First Icon Media) web site, servers, Your own account or the account of any other customers of I-Webshop.
cause denial of service attacks, port scans or other endangering and invasive procedures against I-Webshop servers and facilities or the servers and facilities of other network hosts or Internet users.
upload or transmit unacceptable material which includes: IRC bots, warez, filedump, Escrow, High-Yield Interest Programs (HYIP), sale of any controlled substances without providing proof of appropriate permit(s) in advance, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
engage in or to instigate actions that cause harm to I-Webshop or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. I-Webshop reserves the right to refuse service to anyone upon Our discretion. Any material that in I-Webshop judgment is either obscene or threatening is strictly prohibited and will be removed from I-Webshop servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the Acceptable Use Policy as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of the Terms of Service or Acceptable Use Policy is found, I-Webshop will take corrective action upon Our own discretion and will notify You. Our decision in such case is binding and final, and cannot be a subject of a further change. I-Webshop and/or its subsidiary (First Icon Media) cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to I-Webshop or any other third party. We have the right to terminate each and any account that has been locked for abuse reason for more than 14 calendar days after the lock date, unless You have taken corrective measures to remove the initial lock threat or violation. Any backup copies of the email account will be permanently deleted upon termination with no refund. I-Webshop and/or its subsidiary (First Icon Media) will not be liable for any loss or damages in such cases.
violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
probe, scan, or test the vulnerability of any system or network;
breach or otherwise circumvent any security or authentication measures;
interfere with or disrupt any user, host, or network, for example by sending a virus, overloading any part of the Services;
plant malware or otherwise use the Services to distribute malware;
access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
publish anything that is fraudulent, misleading, or infringes another's rights;
promote or advertise products or services other than your own without appropriate authorization;
impersonate or misrepresent your affiliation with any person or entity;
publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
violate the law in any way, or to violate the privacy of others, or to defame others.

Normal operation and provision of the Services does not imply I-Webshop and/or its subsidiary (First Icon Media) interfering or monitoring of the content associated with the Services, but You acknowledge that I-Webshop and/or its subsidiary (First Icon Media) has the right (but not the obligation) in Our sole discretion to refuse, delete or move any such email, file, or associated content that is available via the Services if it violates the Agreement or is deemed by I-Webshop and/or its subsidiary (First Icon Media), in its sole discretion, to be otherwise objectionable.

Anti-Spam Policy

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to I-Webshop and/or its subsidiary (First Icon Media). In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. I-Webshop and/or its subsidiary (First Icon Media) prohibits the following activities listed without limitation hereunder:
Usage of the I-Webshop and/or its subsidiary (First Icon Media) network and systems to receive replies to unsolicited mass e-mail messages.
Transmission of any unsolicited commercial or bulk email, engagement in any activity known or considered to be spamming or Mail Bombing.
Inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
Forgery of e-mail headers (i.e. "spoofing").
Forgery of the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
Configuring mail servers to accept and process third-party emails for sending with no user identification and/or authentication.
Engagement in spamvertising or provision of any services that support spam.
Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, use net posts, popups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
Advocating any activities prohibited by this Agreement.

If I-Webshop and/or its subsidiary (First Icon Media) determines any facts constituting that You have deliberately or recklessly used Our Services for sending of SPAM e-mail messages, We reserve the right to terminate Your account and/or assess a charge upon Your account, which shall serve to compensate Us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity, We may assess the fee entirely at Our full discretion. The fee will be charged to Your account, in accordance with the payment information submitted by You as part of Your acquisition of Our Services. You further agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity We may share information regarding Your activities, including but not limited to Your identity, with the various anti-SPAM organizations and/or blacklists. We take all SPAM issues extremely seriously and will take redress of such activity whenever We deem necessary.

PAYMENT

Your billing date will be determined based on the day You purchased the Services and the payment cycle plan. If You selected the automatic renewal option when signing up, I-Webshop and/or its subsidiary (First Icon Media) will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at then current rates

All fees for the Services shall be in accordance with I-Webshop fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Renewal fees after the initial term shall be due and owing immediately upon the first day of such renewal period. Overdue balance shall lead to Your email account lock and, as a result, access to the Services will be limited.

Prior to the expiration date of the Services, You will have the option to renew Your subscription using I-Webshop and/or its subsidiary (First Icon Media) automated processing system. I-Webshop will notify You several times that the Service is about to expire. These emails include the renewal instructions and are sent to the email address stored in Your account contact details. I-Webshop and/or its subsidiary (First Icon Media) shall not be held responsible or liable in the event You fail to take the necessary steps to renew the Service, if the provided email address is erroneous or out of date, and/or if You fail to receive the Services expiration notification. You shall assume sole responsibility for renewing Your Services. If the automatic renewal feature is enabled for Your subscription, I-Webshop and/or its subsidiary (First Icon Media) will try to renew Your Services prior to the renewal date and will take payment in accordance with the designated payment method at then current I-Webshop rates.

If the outstanding balance is not paid by you by the due date of your Service, I-Webshop and/or its subsidiary (First Icon Media) reserves the right to terminate Your Service immediately with automatic deletion of Your account content.

DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of I-Webshop under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the Federal Republic of Nigeria. You and I-Webshop and/or its subsidiary (First Icon Media) submit to the non-exclusive jurisdiction of the courts in and of the Federal Republic of Nigeria in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

Registrant Agreement for .NG Domain Names

IMPORTANT: The purpose of this policy is to describe the NIRA ("We", "Our" or "Us") rules for the registration and use of domain names within the .ng domain and its sub-domains (the "Policy"). The policy as amended from time to time form part of our Registrant Agreement and are part of your contract of registration with us.

Domain name Definitions

<internet.com.ng> is a domain name ("Domain Name"). A Domain Name is made up of several levels of domains. In the Domain Name <internet.com.ng> the <.ng> is called the top -level domain, the <.com> is the second level domain and <internet> is the third level domain.

In the Domain Name <fourth.internet.com.ng> the domain <fourth> is called a fourth level domain and <.internet> is a third level domain, <.com> is a second level domain and <.ng> is a top-level domain.

In this Policy the terms top-level domain ("TLD"), second level domain ("SLD") and third level domain ("3LD") and fourth level domain ("4LD") will be used accordingly

The SLD is a sub-domain of the TLD. The 3LD is a sub-domain of the SLD. The 4LD is a sub- domain of the Third Level Domain.

.ng Domain Names can be registered either directly at the .ng ccTLD or within a particular SLD. For example, the Domain Name internet.com.ng is registered within the .com SLD.

Despite 'c' above the Executive Board of NIRA may auction or sell at premium price some domains on the second level or third level

When an application for registration of a Domain Name is submitted to us by you, or on your behalf, you are an applicant. If your application is successful, we will register your Domain Name and you will be the registrant.
Registration of Domain names

The Policy has been made by us in our capacity as designated manager for the .ng TLD with the authority of the Nigerian Internet Community.

Each application by you for a Domain Name must be an application to register one 3LD within one particular SLD listed in Appendix A. Or in the case of section 1.c and 1.d above, application can be for a domain at the second level.

Certain organizations have registered Domain Names with us and these organizations may offer to register a 4LD for you as a sub-domain of their Domain Name. We do not accept responsibility for any registration of 4LD by you with other organizations, nor do we control the naming of these 4LD by this Policy or otherwise.

Each SLD listed in Appendix A has its own specific rules ("SLD Rules"). All of the SLD Rules form part of the Policy. Where there is a conflict between the Policy and the SLD Rules, the SLD Rules take precedence.

If your application to register a Domain Name within an SLD listed in Appendix A is successful, this in no way entitles you to any right to or registration of any other Domain Name. For example an application to register the Domain Name internet.com.ng will not entitle you to a registration for the Domain Name internet.xyz.com.ng or the Domain Name internet.org.ng.
General Rules

We reserve the right to check your application for compliance with the Policy either before or after your Domain Name is registered or renewed with us.

We will accept applications which comply with the Policy and register Domain Names on a first come first served basis. This means that, except where set out in the SLD Rules, we will not vet your application to:
restrict who may apply for and register Domain Names; or
restrict which Domain Names may be held by you; or
restrict the number of Domain Names which may be held by you.

If your application is for a Domain Name which is identical to a Domain Name which has already been registered with us, your application will be rejected. Note that domain names are not case sensitive, so that internet.com.ng is the same as InTeRnEt.com.ng, and accordingly cannot be separately registered. Thus this Policy is drafted on the assumption that all letters are lower case.

We do not impose restrictions on your status as applicant for the registration of a Domain Name in the following SLDs ("Open SLDs"):
.com.ng; or
.org.ng.
.mobi.ng
.name.ng

However, registration of domain names within the following SLDs are RESTRICTED to companies and business entities that are duly registered with the Corporate Affairs Commission and have been duly issued with a CAC RC Number.

These SLDs are
.biz.ng
.ltd.ng
.plc.ng

Or any other such SLDs are designated by the Executive Board in conjuction with the Corporate Affairs Commission.

We do set out certain intentions regarding the class of applicant or use of registrations of the Domain Name which we assume you will comply with when applying for a registration of a Domain Name within an Open SLD. However, we will take no action in respect of registrations that do not comply with the SLD Charters. We may request certain information from you regarding your legal identity when you make an application for or seek to amend the registration of a Domain Name in the Open SLDs.

For any application by you for a Domain Name within the remaining available SLDs listed in Appendix A ("Closed SLDs") we do specify certain criteria in the "Requirements on Applicants" section of the SLD Rules which you must comply with before your application for a Domain Name in a Closed SLD can be accepted by us.

As set out in our Registrant Agreement, we may cancel or suspend the registration of a Domain Name if you breach any of the Rules.
Restrictions on Domain names

If the 3LD in your application does not meet the requirements in this section then your application cannot be accepted by us.

The 3LD may only contain the following thirty-seven characters ("Characters") or a combination thereof:

the twenty-six unaccented Roman letters (i.e. a-z inclusive);

the ten western digits (i.e. 0-9 inclusive); and

hyphens.

The first or last Characters of a 3LD may not be a hyphen.

NIRA does not offer Internationalised Domain Names for now and so domain names that start with the characters "xn--" (i.e. "xn" followed by two dashes) may not be registered.

A Third Level Domain may not be one Character long. For example, an application to register 1.com.ng or a.com.ng would be rejected. Except offered by auction at the second or third level.

For the SLDs com.ng, name.ng, org.ng, and net.ng, mobi.ng, a Third Level Domain may not consist of only two letters. For example, an application to register ie.com.ng, -a.com.ng or e-.com.ng would be rejected. Again as above an exception is allowed when offered by auction. Also NIRA would not offer for auction and two letter acronym which is a validly registered trademark in Nigeria.

Until further notice, the Domain Name (e.g. internet.com.ng) may not be more than sixty-four Characters long in total, including the SLD and TLD. We intend to allow longer domain names, and would update the policy accordingly.

For the SLDs com.ng, name.ng, org.ng, net.ng, mobi.ng and .i.ng, a 3LD may not be identical to any existing SLD (as listed in Appendices A, to the Policy), or any SLD under .ng the creation of which has formally been announced by NIRA. For example, an application to register org.com.ng or name.com.ng would be rejected.

Irrespective of the above NIRA shall reserve the right to maintain the following list of domains that SHALL NOT be available for registration or will be withdrawn if registered already

Offensive names: This list shall contain words as determined by the NIRA board to be offensive first to the Nigerian community and then to the global community. ALL requests for domains under this list would be rejected.

Restricted names: This shall be a list of domains that may give a wrong impression if used. This could pertain to military, government or other related words. ALL applications for these domains would be rejected.

Premium names: These are domains with generic words but command premium value. These domains would be made available to registrants though a competitive bidding and auction process.
Appendices

APPENDIX A Our SLDs (second level domains)

Domain SLD purpose
com.ng Commercial entities and purposes (Open)
edu.ng Higher and further education and research institution (Closed)
name.ng Personal names (Open)
net.ng Internet Service / Telecoms Providers' infrastructure (Closed)
org.ng Not-for-profit entities (Open)
sch.ng Other Academic institutions (Closed and at regional level)
gov.ng National, regional, and local government bodies and agencies (Closed)
mil.ng Military and related purposes (Closed)
mobi.ng For mobile devices meeting .mobi gTLD standards (Open)
biz.ng for Companies duly registered with CAC and have valid RC Numbers
ltd.ng for Companies duly registered with CAC and have valid RC Numbers
plc.ng for Companies duly registered with CAC and have valid RC Numbers

Specific Rules for registration in the .com.ng SLD
Introduction

These are the specific rules for the .com.ng SLD, administered directly by us. They form part of and, in the case of conflict, take precedence over the Policy.
SLD Charter

Domain Names registered in the .com.ng SLD are intended to be used for commercial purposes, and the 3LD are intended to reflect and be related to these purposes. This SLD would be fully open from July 5, 2008, before then only entities with Nigerian presence may register on this SLD.
Specific Rules for registration in the .org.ng SLD
Introduction

These are the specific rules for the .org.ng SLD, administered directly by us. They form part of and, in the case of conflict, take precedence over the Policy.
SLD Charter

Registrants in .org.ng are intended to be not-for-profit or public service enterprises, and a 3LD within this SLD is intended to be related to these enterprises and their activities. These may include, as non- exhaustive examples, charities, trades unions, political parties, community groups, educational councils, and professional institutions.
Specific rules for the .name.ng SLD
Introduction

These are the specific rules for the .name.ng SLD, administered directly by us. They form part of and, in the case of conflict, take precedence over the Policy.
SLD Charter

The .name.ng SLD is intended to provide a personal namespace within the .ng Top Level Domain. Unless Rules 8.d or 8.e apply, registrants of .name.ng domain names must be, and remain at all times, natural persons (a “qualifying person”), and shall not be recorded on the register as being the agent, trustee, proxy or representative for any person or entity (whether having an individual legal personality or not) which is not a qualifying person.
No actions unless in accordance with the Charter

Unless Rules 8.d or 8.e apply, no registration, transfer, renewal or change may be requested to a .name.ng domain name, which would be in breach of Rule 8.b, and any such request, may be rejected. If, despite the previous sentence, such an action is requested and does occur, NIRA may reverse that action at any time in addition to any other rights NIRA may have by contract or otherwise.
Charter

Where, as the result of the DRS or judicial proceedings (of relevant jurisdiction) a .name.ng domain name is to be transferred to a person who would not qualify under Rule 8.b (the “transferee”), the transfer to, and continued registration by, the transferee shall be permitted provided that no use is made of that .name.ng domain name for any purpose, for so long as the transferee holds the domain name.

To prevent a breach of Rule 8.d.1, NIRA may put the domain name into a special status e.g. by blocking the entry of any name servers onto the record for that domain.

The transferee under clause 8.d.1 will be able to transfer the domain name to a qualifying person, in which case the specific restrictions imposed under this Rule 8.d will cease to apply.
Specific rules for the .edu.ng SLDs
Introduction

These are the specific rules for the .edu.ng SLDs, administered directly by us. They form part of and, in the case of conflict, take precedence over the Policy.
SLD Charter

The .edu.ng SLD is a closed one and reserved for ONLY tertiary academic institutions as approved and accredited by the relevant authorities like Nigerian Universities Commission (NUC), National Board for Technical Education (NBTE), NCCE and any other body as recognized by the constitution of the Federal Republic of Nigeria.
Rules

All registrations on the .edu.ng SLD would be at the 3LD. Various department or institutions under the qualifying institution may then be sub domains and NOT full domains.
Requirements

Registrants in the .edu.ng SLD are required to be approved and accredited Degree Awarding Tertiary Institutions. Notwithstanding the Policy, no Domain Name shall be registered in this SLD

Unless, in our reasonable opinion, the applicant is an approved/registered Degree awarding institution and the Domain Name registered is the same as or a similar variant of the applicant's name.

Without prejudice to any other test that we may apply, the applicant shall only be deemed an Approved/Registered School if the applicant:

is duly registered or incorporated under the relevant laws of the Federal Republic of Nigeria;

AND the applicant has a provisional or full approval by the relevant accreditation body and government for the provision of Degree awarding institutions. For example for a university, it must have an NUC approval.

Any Domain Name registered in .edu.ng may only be used in the manner set out in this Clause, and we may suspend or cancel the registration if we believe it is not being so used, in accordance with the termination provisions set out in our Registrant Agreement.

Each approved/registered tertiary institution may apply for multiple domains ONLY if it relates to the academic institution and NOT a department or unit of the academic institution
Specific rules for the .net.ng SLD
Introduction

These are the specific rules for the .net.ng SLD, administered directly by us. They form part of and, in the case of conflict, take precedence over the Rules.
Charter

This SLD is reserved for the computers of network providers, that are the network information centre (NIC) and network operation centre (NOC) computers, the administrative computers, and the network node computers.
SLD Requirements

Registrants in the .net.ng SLD are required to be Licensed Internet Service or Telecoms Providers. Notwithstanding the Policy, no Domain Name shall be registered in this SLD unless, in our reasonable opinion, the applicant is a Licensed Internet Service / Telecoms Provider and the Domain Name registered is the same as or a similar variant of the applicant's name.

Without prejudice to any other test that we may apply, the applicant shall only be deemed to be a Licensed Internet Service / Telecoms Provider if:

The applicant is either:

a company registered with the Corporate Affairs commission of Nigeria; or

a partnership as defined by the Partnership laws of Nigeria or

a sole trader;

AND the applicant is:

Licensed by the Nigerian Communications Commission for the provision of Internet and Telecoms services

Any Domain Name registered in .net.ng may only be used in the manner set out in this Clause, and we may suspend or cancel the registration if we believe it is not being so used, in accordance with the termination provisions set out in our Registrant Agreement.

The Domain Name must not be used in connection with any service provided by the registrant on behalf of any other entity. For example, the Domain Name must not be used as part of another entity's e-mail address or URL.
Specific rules for the .sch.ng SLD
Introduction

These are the specific rules for the .sch.ng SLD, administered directly by us. They form part of and, in the case of conflict, take precedence over the Policy.
SLD Charter

The .sch.ng SLD is a closed one and reserved for both primary and secondary schools as designated and approved by various levels of government. In addition, schools accredited and approved by other agencies like the CPN are eligible for registration under this domain.
Rules

All registrations on the .sch.ng SLD would be ONLY at the 4LD. This is due to the large number of schools and the similarities of the names. In addition, approving authorities for schools are at the local and state government levels. With all these, considered sch.ng SLD would have a qualifying 3LD based on the listed states in the constitution of the Federal Republic of Nigeria. For examples Mary Don School located in Surulere, Lagos state can register marydon.lagos.sch.ng. While Pillars school in Zaria can register as pillars.kaduna.sch.ng
SLD Requirements

Registrants in the .sch.ng SLD are required to be approved Primary, Secondary or other non-degree awarding institutions. Notwithstanding the Policy, no Domain Name shall be registered in this SLD unless, in our reasonable opinion, the applicant is an approved/registered non degree awarding institution and the Domain Name registered is the same as or a similar variant of the applicant's name

Without prejudice to any other test that we may apply, the applicant shall only be deemed an Approved/Registered School if:

the applicant is either:

a company registered with the Corporate Affairs commission of Nigeria; or

a partnership as defined by the Partnership laws of Nigeria or

a sole trader/registered business name;

AND the applicant is:

Approved and registered by the relevant accreditation body and government for the provision of Non Degree awarding institutions.

Any Domain Name registered in .sch.ng may only be used in the manner set out in this Clause, and we may suspend or cancel the registration if we believe it is not being so used, in accordance with the termination provisions set out in our Registrant Agreement.

Each approved/registered school is only allowed a single registration under the .sch.ng SLD.
Specific Rules for registration in the .mobi.ng SLD
Introduction

These are the specific rules for the .mobi.ng SLD, administered directly by us. They form part of and, in the case of conflict, take precedence over the Policy.
SLD Charter

Domain Names registered in the .mobi.ng SLD are intended to be used for access by mobile phones, and the 3LD are intended to reflect and be related to these purposes. Also published content on this SLD are expected to meet the specification as released from time to time of the Mobile Top Level domain corporation and as adopted by NIRA.
Specific rules for the .gov.ng SLD
Introduction

These are the specific rules for the .gov.ng SLD, administered directly by us. They form part of and, in the case of conflict, take precedence over the Policy.
SLD Charter

The .gov.ng SLD is a closed and limited only to the following
Governments at all levels and
Ministries, Department and Agencies at all levels as well.
Rules

Registrations on the .gov.ng SLD would be both on the 3LD and the 4LD. Registration at the 3LD is ONLY permitted for the following

The Federal government

The State government

Federal Ministries, Departments, Agencies and Institutions

For example justice.gov.ng, npc.gov.ng, ogunstate.gov.ng, nigeria.gov.ng, etc. For registrations on the 4LD this is available for the following

State Ministries, Departments, Agencies and Institutions

Local governments

For example, justice.lagos.gov.ng would be for the Lagos state Ministry of Justice. In addition, surulere.lagos.gov.ng and surulere.oyo.gov.ng would relate to surulere local government in Lagos and Oyo states respectively. The 3LD to be used by the 4LD would be the state names as derived from the constitution of the Federal Republic of Nigeria.
SLD Requirements

Registrants in the .gov.ng SLD are required to be full government agencies and also have the approval of each tier of government.

For Federal government registration, applicants are expected to also obtain clearance from the federal government entity setup for such approval, and present same during registration. For example NITDA.

For State government registration, applicants are expected to also obtain clearance from the state government entity setup or designated for such approval, and present same during registration.

For Local government registration, applicants are expected to attach a valid authorization from the local government, and present same during registration:
Specific Rules for registration in the .mil.ng SLD
Introduction

These are the specific rules for the .mil.ng SLD, administered directly by us. They form part of and, in the case of conflict, take precedence over the Policy.
SLD Charter

Domain Names registered in the .mil.ng SLD are intended to be used ONL for military purposes and as approved by the Nigerian military High command.

You may click here for additional agreements which may be modified from time to time. If you have any inquiries about this, do send us a mail at support@i-Webshop.com

Registrant Agreement for Non .NG Domain Names

This Domain Registrant Agreement (hereinafter referred to as the "Agreement") between you ("you", "your" or "Registrant") and I-Webshop (referred to as the "Registrar"), sets forth the terms and conditions of Registrar's domain name registration service and other associated services as described herein.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you", "your" and "Registrant" shall refer to such entity.

This Agreement explains our obligations to you, and your obligations to us in relation to each Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward that you have registered/reserved through or transferred to Registrar ("Order"), directly or indirectly, whether or not you have been notified about Registrar.

This Agreement will become effective when the term of your Order begins with Registrar and will remain in force until the Order remains as an active Order with Registrar. Registrar may elect to accept or reject the Order application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for a prohibited Order.

WHEREAS, Registrar is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX 'U';

AND WHEREAS, the Registrant is the Owner of a registration of a domain name ("the SLD") in any of the TLDs mentioned within APPENDIX 'U', directly or indirectly;

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar and the Registrant, intending to be legally bound, hereby agree as follows:

DEFINITIONS

"Business Day" refers to a working day between Mondays to Friday excluding all Public Holidays.

"Communications" refers to date, time, content, including content in any link, of all oral / transmitted / written communications / correspondence between Registrar, and the Registrant, and any Artificial Juridical Person, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity acting on their behalf.

"Customer" refers to the customer of the Order as recorded in the OrderBox Database.

"OrderBox" refers to the set of Servers, Software, Interfaces, Registrar Products and API that is provided for use directly or indirectly under this Agreement by Registrar and/or its Service Providers.

"OrderBox Database" is the collection of data elements stored on the OrderBox Servers.

"OrderBox Servers" refer to Machines / Servers that Registrar or its Service Providers maintain to fulfill services and operations of the OrderBox.

"OrderBox User" refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the "OrderBox" by the Customer, directly or indirectly.

"Registrar" refers to the Registrar of record as shown in a Whois Lookup for the corresponding Order at the corresponding Registry Operator.

"Registrar Products" refer to all Products and Services of Registrar which it has provided/rendered/sold, or is providing/rendering/selling.

"Registrar Servers" refer to web servers, Mailing List Servers, Database Servers, OrderBox Servers, Whois Servers and any other Machines / Servers that Registrar or its Service Providers Operate, for the OrderBox, the Registrar Website, the Registrar Mailing Lists, Registrar Products and any other operations required to fulfill services and operations of Registrar.

"Registrar Website" refers to the website of the Registrar.

"Registry Operator" refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that is involved in the management of any portion of the registry of the TLD, including but not limited to policy formation, technical management, business relationships, directly or indirectly as an appointed contractor.

"Resellers" - The Registrant may purchase the Order through a reseller, who in turn may purchase the same through a reseller and so on (collectively known as the "Resellers").

"Service Providers" refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that the Customer and/or Registrar and/or Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfillment / provision / purchase of Registrar Products, OrderBox, and any other services and operations of Registrar.

"Whois" refers to the public service provided by Registrar and Registry Operator whereby anyone may obtain certain information associated with the Order through a "Whois Lookup".

"Whois Record" refers to the collection of all data elements of the Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry.

OBLIGATIONS OF THE REGISTRANT

The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the Order in the OrderBox Database during the term of the Order. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant's failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Order in the OrderBox database concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order

The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Order in the OrderBox Database, the data element in the OrderBox Database records shall prevail.

The Registrant acknowledges that the authentication information for complete control and management of the Order will be accessible to the Registry Operator, Service Providers, Resellers and the Customer. Any modification to the Order by the Resellers, Customer or Service Providers will be treated as if it is authorized by the Registrant directly. Registrar is not responsible for any modification to the Order by the Customer, Resellers, Registry Operator, or Service Providers.

The Registrant acknowledges that all communication about the Order will be only done with the Customer or the Resellers of the Order. Registrar is not required to, and may not directly communicate with the Registrant during the entire term of the Order.

The Registrant shall comply with all terms or conditions established by Registrar, Registry Operator and/or Service Providers from time to time.

The Registrant must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN (http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm) and the Registry Operator.

During the term of this Agreement and for three years thereafter, the Registrant shall maintain the following records relating to its dealings with Registrar, Resellers and their Agents or Authorized Representatives:

in electronic, paper or microfilm form, all written communications with respect to the Order;

in electronic form, records of the accounts of the Order, including dates and amounts of all payments, discount, credits and refunds.Representatives The Registrant shall make these records available for inspection by Registrar upon reasonable notice not exceeding 14 days.

REPRESENTATIONS AND WARRANTIES

Registrar and Registrant represent and warrant that:

They have all requisite power and authority to execute, deliver and perform their obligations under this Agreement.

This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against Registrant and Registrar in accordance with its terms.

The execution, delivery, and performance of this Agreement and the consummation by Registrar and the Registrant of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:

any provision of law, rule, or regulation;

any order, judgment, or decree;

any provision of corporate by-laws or other documents;

any agreement or other instrument.

The execution, performance and delivery of this Agreement has been duly authorized by the Registrant and Registrar.

No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby.
The Registrant represents and warrants that:

the Registrant has read and understood every clause of this Agreement;

the Registrant has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement; and

the Registrant is eligible, to enter into this Contract according to the laws of his country.

RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS

Registrar, Service Providers and Registry Operator may change any information, of the Order, or transfer the Order to another Registrant, or transfer the Order to another Customer, upon receiving any authorization from the Registrant, or the Customer, or Resellers as maybe prescribed by Registrar from time to time.

Registrar, Service Providers and Registry Operator may provide/send any information, about the Registrant, and the Order including Authentication information:

to the Registrant;

to any authorised representative, agent, contractee, employee of the Registrant upon receiving authorization in any form as maybe prescribed by Registrar from time to time;

to the Customer, Resellers, Service Providers and Registry Operator;

to anyone performing a Whois Lookup for the Order.

Registrar in its own discretion can at any point of time with reasonable notification temporarily or permanently cease to sell any Registrar Products.

Registrar and the Registry Operator, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Registrar may refund the fees charged for the Order, after deducting any processing charges for the same.

Notwithstanding anything to the contrary, Registrar, Registry Operator and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, delete, suspend, deny, cancel, modify, take ownership of or transfer the Order, or to modify, upgrade, suspend, freeze OrderBox, or to publish, transmit, share data in the OrderBox Database with any person or entity, or to contact any entity in the OrderBox Database, in order to recover any Payment from the Registrant, Customer or Resellers, for any service rendered by Registrar including services rendered outside the scope of this agreement for which the Registrant, Customer or Reseller has been notified and requested to remit payment, or to correct mistakes made by Registrar, Registry Operator or Service Providers in processing or executing the Order, or incase of any breach of this Agreement, or incase Registrar learns of a possibility of breach or violation of this Agreement which Registrar in its sole discretion determines to be appropriate, or incase of Termination of this agreement, or if Registrar learns of any such event which Registrar reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Registrar Products, OrderBox, and the Registry or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in accordance/compliance with any agreements executed by Registrar including but not limited to agreements with Service Providers, and/or Registry Operator, and/or Customers and/or Resellers, or to avoid any liability, civil or criminal, on the part of Registrar and/or Service Providers, and/or the Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Registrant and/or Agents or any other authorized representatives of the Registrant violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS hijacking), distribution of virus or malware, child pornography, using Fast Flux techniques, running Botnet command and control, Hacking (illegal access to another computer or network), network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, or Registrar learns of the possibility of any such violation or upon appropriate authorization (what constitutes appropriate authorization is at the sole discretion of Registrar) from the Registrant or Customer or Reseller or their authorized representatives, or if Registrar, Registry Operator or Service Providers in their sole discretion determine that the information associated with the Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Registrar or Service Providers in their sole discretion determine that the ownership of the Order should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or for any appropriate reason. Registrar or Registry Operator, also reserve the right to freeze the Order during resolution of a dispute. The Registrant agrees that Registrar, Registry Operator and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator and Service Providers, are not liable for loss or damages that may result from any of the above.

Registrar and Service Providers can choose to redirect an Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Order has expired, or is suspended, or does not contain valid Name Servers to direct it to any destination. Registrant acknowledges that Registrar and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.

Registrar and Registry Operator has the right to rectify any mistakes in the data in the OrderBox Database with retrospective effect.

DISPUTE PROCESS

The Registrant agrees that, if the use of the Order is challenged by a third party, the Registrant will be subject to the provisions of the appropriate Dispute policy for that Order as mentioned in the appropriate Appendix in effect at the time of the dispute. The Registrant agrees that in the event a dispute arises with any third party, the Registrant will indemnify and hold Registrar, Registry Operator and Service Providers harmless in all circumstances, and that Registrar, Registry Operator and Service Providers will have no liability of any kind for any loss or liability resulting from any such dispute, including the decision and final outcome of such dispute. If a complaint has been filed with a judicial or administrative body regarding the Registrant's use of the Order, the Registrant agrees not to make any changes to the Order without Registrar's prior approval. Registrar may not allow the Registrant to make changes to such Order until:

Registrar is directed to do so by the judicial or administrative body; or

Registrar receives notification, in a manner prescribed by Registrar from time to time, by the Registrant and the other party contesting the Registrant registration or use of the Order, that the dispute has been settled.

TERM OF AGREEMENT / RENEWALS

The term of this Agreement shall continue until the registrant of the Order in the OrderBox database continues to be the Registrant and the Order continues to exist and the Order Registration term continues to exist.

Registrant acknowledges that it is the Registrant's responsibility to keep records and maintain reminders regarding the expiry of any Order. However, the Registrar will send domain renewal notifications to the Registrant on record. As a convenience to the Registrant, and not as a binding commitment, we may notify the Customer, via an email message sent to the contact information associated with the Customer in the OrderBox database, about the expiry of the Order. Should renewal fees go unpaid for an Order, the Order will expire.

Registrant acknowledges that after expiration of the term of an Order, Registrant has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to the Registrar. Registrar and Service Providers may make any modifications to said Order or any information associated with said Order. Registrar and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Registrar and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Registrar and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Registrar and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Registrar and Service Providers may choose to transfer the ownership of the Order to any third party in their sole discretion. Registrant acknowledges that Registrar and Service Providers shall not be liable to Registrant or any third party for any action performed under this clause.

Registrar at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately at the price then prevailing for such a process as determined by the Registrar in its sole discretion. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.<

Registrar makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase.

This Agreement shall terminate immediately in the event:

Registrar's contract with the Service Providers for the fulfillment of such Order is terminated or expires without renewal;

Registrar's contract with the Registry Operator is terminated or expires without renewal;

Registry Operator ceases to be the Registry Operator for the particular TLD;

of Registrant-Registrant Transfer as per Section 8;

of Registrar-Registrar Transfer as per Section 9.

Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify the Order and suspend OrderBox Users' access to the OrderBox with immediate effect, upon the sole discretion of Registrar.

Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, unless specified otherwise. The Registrant however shall be liable for any damage arising from any breach by it of this Agreement.
FEES / RENEWAL

Payment of fees shall be governed as per the Payment Terms and Conditions set out in Appendix 'B.'

REGISTRANT - REGISTRANT TRANSFER

Registrar may transfer the Order of the Registrant to another registrant under the following circumstances:

authorization from the Registrant and/or their Agent or Authorized Representative in a manner prescribed by Registrar from time to time;

authorization from the Customer and/or the Reseller in a manner prescribed by Registrar;

on receiving orders from a competent Court or Law Enforcement Agency;

for fulfillment of a decision in a domain dispute resolution;

breach of Contract;

termination of this Agreement;

Registrar learns of any such event, which Registrar reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof.

Registrant acknowledges that Registrar cannot verify the authenticity of any information, authorization or instructions received in Section (8)(i). Upon receiving such authorization that Registrar in its absolute unfettered and sole discretion deems to be genuine, Registrar may transfer the Order. Registrar cannot be held liable for any such transfer under any circumstance including but not limited to fraudulent or forged authorization received by Registrar.

In the above circumstances the Registrant shall extend full cooperation to Registrar in transferring the Order of the Registrant to another registrant including without limitation, handing over all data required to be stored by the Registrant as per Section 3(5), and complying with all requirements to facilitate a smooth transfer.

The Registrant's Order may not be transferred until Registrar receives such written assurances or other reasonable assurance that the new registrant has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by Registrar in its sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determined by Registrar in its sole discretion) to the terms and conditions in this Agreement, any such transfer maybe considered by Registrar as null and void in its sole discretion.

REGISTRAR-REGISTRAR TRANSFER

The Registrant acknowledge and agree that during the first 60 days after initial registration of the Order, or after expiration of the Order the Registrant may not be able to transfer the Order to another registrar.

Registrar may request the Registrant or any other contact associated with the Order for authorization upon receiving a request to transfer the Order to another registrar. The Registrant agrees to provide such authorization to Registrar. Registrar, in its sole discretion will determine, if such authorization is adequate to allow the transfer.

Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact, if Registrar in its sole discretion determines that the transfer request it has received is a valid transfer request.

Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact pursuant to the then applicable process and rules of transfer of domain names as laid out by the Registry Operator. Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time.

Registrar may deny or prevent a transfer of an Order to another registrar in situations described in this Agreement including, but not limited to:

a dispute over the identity of the domain name holder;

bankruptcy; and default in the payment of any fees;

any pending dues from the Customer or Resellers' or Registrant for any services rendered, whether under this agreement;

any pending Domain Dispute Resolution process with respect to the Order;

if the Order has been locked or suspended by the Customer or Resellers;

any situation where denying the transfer is permitted under the then applicable process and rules of transfer of domain names as laid out by the Registry Operator, Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time;

any other circumstance described in this Agreement;

for any other appropriate reason;
Registrant (agency) charges a release fee of $145 US Dollars in case of domain transfer to another host or registrar

Registrar may at its sole discretion lock or suspend the Order to prevent a Domain Transfer.

Registrar cannot be held liable for any domain name transferred away to another registrar, or for any denial of a transfer, in accordance with this Section 9 (Registrar-Registrar Transfer).

LIMITATION OF LIABILITY

IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:

LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;

LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION 21 OF THIS AGREEMENT;

LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;

LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;

LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;

LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.

If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Registrar by the Registrant, then in no event will the liability of Registrar exceed actual amount received by Registrar for the Order minus direct expenses incurred with respect to the Order.

REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.
INDEMNIFICATION

The Registrant, at its own expense, will indemnify, defend and hold harmless, Registrar, Service Provider, Registry Operator, Resellers and the contactors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator, Service Providers, and Resellers against any claim, suit, action, or other proceeding brought against them based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Registrar Products provided hereunder, or any use of the Registrar Products, including without limitation:

infringement by the Registrant, or someone else using a Registrar Product with the Registrant's computer, of any intellectual property or other proprietary right of any person or entity;

arising out of any breach by the Registrant of this Agreement;

arising out of, or related to, the Order or use of the Order;

relating to any action of Registrar as permitted by this Agreement;

relating to any action of Registrar carried out on behalf of Registrant as described in this Agreement.

However, that in any such case Registrar may serve either of the Registrant with notice of any such claim and upon their written request, Registrar will provide to them all available information and assistance reasonably necessary for them to defend such claim, provided that they reimburse Registrar for its actual costs.

Registrar will not enter into any settlement or compromise of any such indemnifiable claim without Registrant's prior written consent, which shall not be unreasonably withheld.

The Registrant will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by Registrar in connection with or arising from any such indemnifiable claim, suit, action or proceeding.

INTELLECTUAL PROPERTY

Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.

Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Registrar to the Registrant, or by any disclosure of any Confidential Information to the Registrant under this Agreement.

Registrant shall further ensure that the Registrant does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Registrant acknowledges that Registrar cannot and does not check to see whether any service or the use of the services by the Registrant under this Agreement, infringes legal rights of others.

OWNERSHIP AND USE OF DATA

You agree and acknowledge that Registrar owns all data, compilation, collective and similar rights, title and interests worldwide in the OrderBox Database, and all information and derivative works generated from the OrderBox Database.

Registrar, Service Providers and the Registry Operator and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Registrar, or Registry Operator or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.

DELAYS OR OMISSIONS; WAIVERS

No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.

No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing.

RIGHT TO SUBSTITUTE UPDATED AGREEMENT

During the period of this Agreement, the Registrant agrees that Registrar may:

revise the terms and conditions of this Agreement; and

change the services provided under this Agreement

Registrar, or the Registry Operator or any corresponding/designated policy formulating body may revise ANY of the Dispute policies, and eligbility criterias set forth in the various appendices as well as in any of the external URLs referenced within the appendices.

Any such revision or change will be binding and effective immediately on posting of the revision on the Registrar Website or the corresponding URL referenced in this Agreement.

The Registrant agrees to review the Registrar Website and all other URLs referenced in this Agreement, periodically, to be aware of any such revisions.

The Registrant agrees that, continuing use of the services under this Agreement following any revision, will constitute as an acceptance of any such revisions or changes.

The Registrant acknowledges that if the Registrant does not agree to any such modifications, the Registrant may terminate this Agreement within 30 days of such revision. In such circumstance Registrar will not refund any fees paid by the Registrant.

PUBLICITY

The Registrant shall not create, publish, distribute, or permit any written / Oral / electronic material that makes reference to us or our Service Providers or uses any of Registrar's registered Trademarks / Service Marks or our Service Providers' registered Trademarks / Service Marks without first submitting such material to us and our Service Providers and receiving prior written consent.

The Registrant gives Registrar the right to use the Registrant names in marketing / promotional material with regards to Registrar Products to Visitors to the Registrar Website, Prospective Clients and existing and new customers.

TAXES

The Registrant shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Registrar Products.

FORCE MAJEURE

Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a "Force Majeure Event") including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party's employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party's reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party's performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first six months of such interference, provided that such party uses best efforts to avoid or remove such causes of non-performance as soon as possible.

ASSIGNMENT / SUBLICENSE
Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties; provided, however, that any such successor or assign be permitted pursuant to the Articles, Bylaws or policies of Registrar.

The Registrant shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person/s except as provided for in Section 8 (REGISTRANT - REGISTRANT TRANSFER) or with the prior written consent of Registrar.

Registrant agrees that if Registrant licenses the use of the Order to a third party, the Registrant nonetheless remains the Registrant of record, and remains responsible for all obligations under this Agreement.

NO GUARANTY

The Registrant acknowledges that registration or reservation of the Order does not confer immunity from objection to the registration, reservation, or use of the Order.
DISCLAIMER

THE ORDERBOX, REGISTRAR SERVERS, OrderBox Servers, Registrar Website AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON "AS IS" AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.

REGISTRAR AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.

REGISTRAR AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, ORDERBOX OR BY ACCESSING REGISTRAR SERVERS. WITHOUT LIMITING THE FOREGOING, REGISTRAR AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH ORDERBOX OR REGISTRAR SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE ORDERBOX/REGISTRAR SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY REGISTRAR AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE ORDERBOX WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER.

REGISTRAR AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. REGISTRAR AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.

FURTHERMORE, REGISTRAR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE ORDERBOX, ORDERBOX SERVERS, REGISTRAR WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
JURISDICTION & ATTORNEY'S FEES

This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Registrar is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in city, state, country where Registrar is incorporated. Registrar reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management/Residence of the Registrant is situated as per the laws of that Country/State/District.

If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.

For the adjudication of disputes concerning or arising from use of the Order, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile and (2) the Registrar's country of incorporation.

MISCELLANEOUS
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Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa.

There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein.

The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator.

This Agreement shall inure to the benefit of and be binding upon Registrar and the Registrant as well as all respective successors and permitted assigns.

Survival: In the event of termination of this Agreement for any reason, Sections 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14, 16, 17, 20, 21, 22, 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23, 23(iii), 23(v), 23(vii), 23(xi), 24(ii) and all of Appendix A, and all Sections of Appendix B, and Sections 1, 2, 3 of Appendix W shall survive.

This Agreement does not provide and shall not be construed to provide third parties (i.e. non-parties to this Agreement), with any remedy, claim, and cause of action or privilege against Registrar.

The Registrant, Registrar, its Service Providers, Registry Operator, Resellers, and Customer are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the parties.

Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, this Agreement.

Construction: The Parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be applied in the construction or interpretation of this Agreement.

Entire Agreement; Severability: This Agreement, including all Appendices constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.

The division of this Agreement into Sections, Subsections, Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.

This agreement may be executed in counterparts.

Language. All notices, designations, and specifications made under this Agreement shall be made in the English Language only.

Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in Mumbai, India (IST) i.e. GMT+5:30
BREACH

In the event that Registrar suspects breach of any of the terms and conditions of this Agreement:

Registrar can immediately, without any notification and without assigning any reasons, suspend / terminate the Registrants access to the OrderBox Server.

The Registrant will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.

Registrar can immediately, without any notification and without assigning any reasons, delete / suspend / terminate / freeze the Order.

NOTICE
Any notice or other communication required or permitted to be delivered to Registrar under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered when delivered to contact address specified on the Registrar Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:30 (Indian Standard Time) and otherwise on the next Business Day.

Any notice or other communication required or permitted to be delivered to the Registrant under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, given and received when delivered to contact address of the Registrant in the OrderBox Database.

Any notice or other communication to be delivered to any party via email under this agreement shall be deemed to have been properly delivered if sent in case of Registrar to its Legal Contact mentioned on the Registrar Website and in case of the Registrant to their respective email address in the OrderBox Database.

APPENDIX 'A'

TERMS AND CONDITIONS OF ORDERBOX USAGE

This Appendix A covers the terms of access to the OrderBox. Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement.

ACCESS TO OrderBox

Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend OrderBox Users' access to the OrderBox in the event of significant degradation of the OrderBox, or at any time Registrar may deem necessary.

Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the OrderBox from time to time.

Access to the OrderBox is controlled by authentication information provided by Registrar. Registrar is not responsible for any action in the OrderBox that takes place using this authentication information whether authorized or not.

Registrar is not responsible for any action in the OrderBox by a OrderBox User.

OrderBox User will not attempt to hack, crack, gain unauthorized access, misuse or engage in any practice that may hamper operations of the OrderBox including, without Limitation temporary / permanent slow down of the OrderBox, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the OrderBox and architecture needed to continue operation thereof.

OrderBox User will not send or cause the sending of repeated unreasonable network requests to the OrderBox or establish repeated unreasonable connections to the OrderBox. Registrar will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections.

OrderBox User will take reasonable measures and precautions to ensure secrecy of authentication information.

OrderBox User will take reasonable precautions to protect OrderBox Data from misuse, unauthorized access or disclosure, alteration, or destruction.

Registrar shall not be responsible for damage caused due to the compromise of your Authentication information in any manner OR any authorized/unauthorized use of the Authentication Information.

Registrar shall not be liable for any damages due to downtime or interruption of OrderBox for any duration and any cause whatsoever.

Registrar shall have the right to temporarily or permanently suspend access of a OrderBox User to the OrderBox if Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the OrderBox, or learns of any possible misuse that has occurred, or will occur with respect to a OrderBox User.

Registrar and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, OrderBox

Terms of USAGE OF ORDERBOX

Registrant, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the OrderBox, directly or indirectly, in violation of any federal, state or local rule, regulation or law, or for any unlawful purpose, or to promote adult-oriented or "offensive" material, or related to any unsolicited bulk e-mail directly or indirectly (such as by referencing an OrderBox provided service within a spam email or as a reply back address), or related to ANY unsolicited marketing efforts offline or online, directly or indirectly, or in a manner injurious to Registrar, Registry Operator, Service Providers or their Resellers, Customers, or their reputation, including but not limited to the following:

Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.);

posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic);

sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider;

offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ("spamware");

advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software;

harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Registrar;

impersonating another user or entity or an existing company/user/service or otherwise falsifying one's identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere;

using OrderBox services to point to or otherwise direct traffic to, directly or indirectly, any material that, in the sole opinion of Registrar, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Registrar, to be threatening or obscene or inappropriate;

using OrderBox directly or indirectly for any of the below activities activities:

transmitting Unsolicited Commercial e-mail (UCE);

transmitting bulk e-mail;

being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist;

posting bulk Usenet/newsgroup articles;

Denial of Service attacks of any kind;

excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Registrar in its sole discretion;

copyright or trademark infringement;

unlawful or illegal activities of any kind;

promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse);

causing lossage or creating service degradation for other users whether intentional or inadvertent.

Registrar in its sole discretion will determine what constitutes as violation of appropriate usage including but not limited to all of the above.

Data in the OrderBox Database cannot be used for any purpose other than those listed below, except if explicit written permission has been obtained from Registrar:

to perform services contemplated under this agreement; and

to communicate with Registrar on any matter pertaining to Registrar or its services.

data in the OrderBox Database cannot specifically be used for any purpose listed below:

Mass Mailing or SPAM; and

selling the data.

APPENDIX 'B'

PAYMENT TERMS AND CONDITIONS

Registrar will accept payment for the Order from the Customer or Resellers.

Registrant can refer to /domain-registration for fee charged by for the Order. The Registrant acknowledges that the Registrar reserves the right to change the pricing without any prior notification.

APPENDIX 'C'

.COM/.NET/.ORG SPECIFIC CONDITIONS

If the Order is a .COM/.NET/.ORG domain name, the Registrant, must also agree to the following terms:

PROVISION OF REGISTRATION DATA

As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:

full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;

the primary nameserver and secondary nameserver(s), if any for the domain name;

the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;

the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;

the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and

DOMAIN NAME DISPUTE POLICY

You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.

APPENDIX 'D'

.BIZ SPECIFIC CONDITIONS

If the Order is a .BIZ domain name, the Registrant, must also agree to the following terms:
CONDITIONS FOR .BIZ REGISTRATIONS

Registrations in the .BIZ TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .BIZ Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

to exchange goods, services, or property of any kind;

in the ordinary course of trade or business; or

to facilitate:

the exchange of goods, services, information, or property of any kind; or

the ordinary course of trade or business.

Registering a domain name solely for the purposes of

selling, trading or leasing the domain name for compensation, or

the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.

CERTIFICATION FOR .BIZ REGISTRATIONS

As a .BIZ domain name Registrant, you hereby certify to the best of your knowledge that the registered domain name will be used primarily for bona fide business or commercial purposes and not exclusively for personal use or solely for the purposes of selling, trading or leasing the domain name for compensation, or the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .BIZ restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html.

The domain name Registrant has the authority to enter into the registration agreement.

The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.

PROVISION OF REGISTRATION DATA

As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:

full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;

the primary nameserver and secondary nameserver(s), if any for the domain name;

the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;

the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;

the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and

DOMAIN NAME DISPUTE POLICY

You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference.

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

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

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

The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name with any third party (other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.

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

The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.
APPENDIX 'E'

.INFO DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .INFO domain name, the Registrant, must also agree to the following terms:

Registrant agrees to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) as laid out at http://www.icann.org/udrp/udrp.htm and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are available at http://www.afilias.info. These policies are subject to modification.

Registrant acknowledges that Afilias, the registry operator for .INFO, 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:

the ability or inability of a registrant to obtain a Registered Name during these periods, and

the results of any dispute over a Sunrise Registration.

APPENDIX 'F'

.NAME SPECIFIC CONDITIONS

If the Order is a .NAME domain name, or a .NAME Email Forward, the Registrant, must also agree to the following terms:

.NAME REGISTRATION RESTRICTIONS

Domain Name and Email Forward Registrations in the .NAME TLD must constitute an individual's "Personal Name". For purposes of the .NAME restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

.NAME CERTIFICATIONS

As a .NAME domain name or Email Forward Registrant, you hereby certify to the best of your knowledge that the SLD is your Personal Name.

PROVISION OF REGISTRATION DATA

As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes the information contained in the Whois directory, including:

full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;

the primary nameserver and secondary nameserver(s), if any for the domain name;

the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;

the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;

the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and

You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.

DISPUTE POLICY

You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference:

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

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

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:

the Personal Name of an individual;

the Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name;

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:

registered domain names and SLD email address registrations within .NAME on the grounds that a Registrant does not meet the Eligibility Requirements, and

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.
.NAME EMAIL FORWARD ADDITIONAL CONDITIONS

If the Order is a .NAME email forward, the Registrant, must also agree to the following additional terms and conditions:

You acknowledge that you are responsible for all use of Email Forwarding, including the content of messages sent through Email Forwarding.

You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage.

Without prejudice to the foregoing, you undertake not to use Email Forwarding:

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;

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;

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

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.

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.

On discontinuing Email Forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.
APPENDIX 'G'

.NAME DEFENSIVE REGISTRATIONS SPECIFIC CONDITIONS

If the Order is a .NAME Defensive Registration, the Registrant, must also agree to the following terms:
DEFENSIVE REGISTRATIONS

Defensive Registrations allow owners of nationally registered marks to exclusively pre-register on the .NAME space and create a protective barrier for their trademarks. A "Defensive Registration" is a registration granted to a third party of a specific string on the second or third level, or of a specific set of strings on the second and third levels, which will not resolve within the domain name system but may prevent the registration of the same string(s) on the same level(s) by other third party applicants.

PHASES OF DEFENSIVE REGISTRATIONS

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.

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

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:

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

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

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

A Defensive Registration will not be granted if it conflicts with a then-existing Personal Name Registration or other reserved word or string.
PROVISION OF REGISTRATION DATA

As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. You must provide contact information, including name, email address, postal address and telephone number, for use in disputes relating to the Defensive Registration. You understand and agree that this contact information will be provided as part of the Whois record for the Defensive Registration. You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.

In addition to the information provided in subsection 1. above, Phase I Defensive Registrants must also provide:

the name, in ASCII characters, of the trademark or service mark being registered;

the date the registration issued;

the country of registration; and

the registration number or other comparable identifier used by the registration authority.
DISPUTE POLICY

If you registered a Defensive Registration, you agree that:

the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy ("ERDRP");

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

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;

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;

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.
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.
APPENDIX 'H'

.US DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .US domain name, the Registrant, must also agree to the following terms:
REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party;

you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder;

you have and shall continue to have a lawful bona fide US Nexus as defined in the "usTLD Nexus Requirements;"

you are of legal age to enter into this Agreement; and

you agree to comply with all applicable laws, regulations and policies of the usTLD Administrator.

PROVISION OF REGISTRATION DATA

As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:

full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;

the primary nameserver and secondary nameserver(s), if any for the domain name;

the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;

the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;

the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and

any other data NeuStar, as the Registry, requires be submitted to it, including specifically information regarding the primary purpose for which a domain name is registered (e.g., business, education, etc.).
GOVERNMENT USE OF DATA

You understand and agree that the U.S. Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.
DOMAIN DISPUTE POLICY

You agree to submit to proceedings under Domain Dispute policies set forth by Neustar. These policies are available at http://www.neustar.us and are hereby incorporated and made an integral part of this Agreement.

SUSPENSION, CANCELLATION OR TRANSFER

Your registration of the domain name shall be subject to suspension, cancellation, or transfer:

pursuant to any usTLD Administrator adopted specification or policy, or pursuant to any registrar or usTLD Administrator procedure not inconsistent with a usTLD Administrator adopted specification or policy; or

to correct mistakes by Registrar or the usTLD Administrator in registering the name; or

for the resolution of disputes concerning the domain name.
APPENDIX 'I'

.IN DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .IN domain name, the Registrant, must also agree to the following terms:
REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

neither the registration of the domain name nor the manner in which it is directly or indirectly used, infringes the legal rights of any third party, breaks any applicable laws or regulations, including discrimination on the basis of race, language, sex or religion, is used in bad faith or for any unlawful purpose;

your registered domain name is not contrary to public policy and the content of the website does not violate any Indian Laws.
DOMAIN DISPUTE POLICY

You agree to be bound by the dispute policies as decided by the .IN Registry and published at http://www.registry.in that are incorporated herein and made a part of this Agreement by reference.
APPENDIX 'J'

.EU DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .EU domain name, the Registrant, must also agree to the following terms:
REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party;

you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder;

you are registering an .eu domain name as either:

an undertaking having its registered office, central administration or principal place of business within the European Union Community; or

an organisation established within the EU Community without prejudice to the application of national law; or

a natural person resident within the EU Community.

you are of legal age to enter into this Agreement; and

you agree to comply with all applicable laws, regulations and policies of the .EU Registry. The details of the same can be obtained from http://www.eurid.eu/.
PROVISION OF REGISTRATION DATA

As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:

the full name of the Registrant; where no name of a company or organisation is specified, the individual requesting registration of the Domain Name will be considered the Registrant; if the name of the company or the organisation is specified, then the company or organisation is considered the Registrant;

address and country within the European Union Community:

where the registered office, central administration or principal place of business of the undertaking of the Registrant is located; or

where the organisation of the Registrant is established; or

where the Registrant resides;

e-mail address of the Registrant;

the telephone number where the Registrant can be contacted.

DOMAIN DISPUTE POLICY

You agree to submit to proceedings under Domain Dispute policies set forth by the EU Registry. These policies are available in the EU Regulation 874/2004 at http://www.eurid.eu and are hereby incorporated and made an integral part of this Agreement.

SUSPENSION, CANCELLATION OR TRANSFER

Your registration of the domain name shall be subject to suspension, cancellation, or transfer:

pursuant to the rules set forth by the EU Registry within the EU Regulation 874/2004 or any other policy listed at http://www.eurid.eu/; or

to correct mistakes by Registrar or the EU Registry in registering the name; or

for the resolution of disputes concerning the domain name.
APPENDIX 'K'

PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
DESCRIPTION OF SERVICES

The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.

IMPLEMENTATION DETAILS

Registrant acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Registrar, and

any mail received via post at this Address would be rejected;

any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;

the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address in the OrderBox Database.

Registrant agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, or Customer of a privacy protected Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Registrar and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.

Registrant understands that the Privacy Protection Service is only available for certain TLDs.

Irrespective of whether Privacy Protection is enabled or not, Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement.

Registrant understands and acknowledges that Registrar in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:

if Registrar receives any abuse complaint for the privacy protected domain name, or

pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or

for the resolution of disputes concerning the domain name, or

for any other reason that Registrar in its sole discretion deems appropriate to switch off the Privacy Protection Services.

INDEMNITY

Registrant agrees to release, defend, indemnify and hold harmless Registrar, Service Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to the Privacy Protection services provided hereunder.
APPENDIX 'L'

.UK DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .UK domain name, the Registrant, must also agree to the following terms:
REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

you are aware that registering a .UK domain name, involves you contracting with the Nominet which is the .UK Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.nominet.org.uk/.

you agree to comply with all applicable laws, regulations and policies of Nominet available on their website at http://www.nominet.org.uk/.
DOMAIN DISPUTE POLICY

You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by Nominet. These policies are available at http://www.nominet.org.uk/ and are hereby incorporated and made an integral part of this Agreement.
APPENDIX 'M'

.TRAVEL DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .TRAVEL domain name, the Registrant, must also agree to the following terms:
PROVISION OF REGISTRATION DATA

Over and above the obligations already described in this Agreement, you are required to provide us the UIN (Unique Identification Number), as issued by the .TRAVEL Registry to an entity that is eligible to hold a .travel domain name.
DOMAIN DISPUTE POLICY

You agree to be bound by the current .TRAVEL TLD Charter Eligibility Dispute Resolution Policy as well as the Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/ that are incorporated herein and made a part of this Agreement by reference.
APPENDIX 'N'

.WS DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .WS domain name, the Registrant, must also agree to the following terms:
GOVERNMENT USE OF DATA

You understand and agree that the .WS Registry shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by You. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.
DOMAIN DISPUTE POLICY

You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'O'

.COOP DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .COOP domain name, the Registrant, must also agree to:

the terms and conditions of the .COOP Registration Agreement with the .COOP Sponsor DCLLC (DotCoop Limited Liability Company), available at http://www.nic.coop/media/3345/111102_-_registration_agreement.pdf; and

the Verification & Eligibility Policy available at http://www.nic.coop/media/1571/Verificationpolicy.pdf; and

the Charter Eligibility Dispute Resolution Policy ("CEDRP") and DotCoop Domain Name Dispute Resolution Policy ("DCDRP") found at http://www.nic.coop/dispute.asp; and

the Transfer Policy found at http://www.nic.coop/media/1509/DotCoop%20Policy%20on%20Transfer%20of%20Registrations%20between%20Registrars.pdf

all of the above included herein by reference.

Where there is a conflict, contradiction or inconsistency between the provisions of this Appendix (.COOP DOMAIN NAME SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT AGREEMENT, the provisions of this Appendix shall prevail in respect of all .COOP domain name registrations only.
In particular we draw the following to your attention:

ELIGIBILITY AND PRIVACY

You agree:

to meet all eligibility requirements mandated by .COOP Sponsor for registration of a .COOP name, as set forth in the .COOP Charter set out in http://www.icann.org/tlds/agreements/coop/sponsorship-agmt-att1-05nov01.htm.

in the event you are found not to be entitled to register a .COOP domain name for failure to meet .COOP Sponsor eligibility requirements, that the domain name may not be registered (and, if already registered, it will be deleted). You release the .COOP Sponsor from any and all liability stemming from deletion of any domain name. Deleted .COOP names will be returned to the pool of names available for registration. The privacy statement, located on the .COOP Sponsor's Web site at http://www.nic.coop/media/5687/privacy_policy_-_120328.pdf and incorporated herein by reference sets forth your and the .COOP Sponsor's rights and responsibilities with regard to your personal information.

APPLICABLE POLICIES

You agree to adhere to the .COOP policies set forth on http://www.nic.coop, including but not limited to the requirement that third-and-higher-level domain names within your second level domain may only be used internally by you (absent a written license from the .COOP Sponsor).

DOMAIN NAME DISPUTES

You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in the .COOP Sponsor's dispute policy as found at http://www.nic.coop/media/3042/.coop_dispute_policy.pdf as it may be modified at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold your .COOP Registrar and the .COOP Sponsor harmless pursuant to the terms and conditions set forth in the .COOP Domain Name Specific Conditions. If the .COOP Registrar or Sponsor are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without prior approval. Registrar may not allow you to make changes to such domain name record until (i) Registrar is directed to do so by the judicial or administrative body, or (ii) Registrar receives notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled.
APPENDIX 'P'

CentralNIC DOMAIN NAME SPECIFIC CONDITIONS

If the Order is either a EU.COM, GB.COM, QC.COM, KR.COM, US.COM, AE.ORG, GR.COM, BR.COM, DE.COM, GB.NET, HU.COM, JPN.COM, NO.COM, RU.COM, SA.COM, SE.COM, SE.NET, UK.COM, UK.NET, UY.COM or ZA.COM domain name, the Registrant, must also agree to the following terms:
GOVERNMENT USE OF DATA

You understand and agree that CentralNic shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.

DOMAIN DISPUTE POLICY

You agree to submit to proceedings under Domain Dispute policies set forth by CentralNic. These policies are available at http://www.centralnic.com and are hereby incorporated and made an integral part of this Agreement.
APPENDIX 'Q'

.MOBI DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .MOBI domain name, the Registrant, must also agree to the following terms:

REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

you are aware that registering a .MOBI domain name, involves you contracting with mTLD which is the .MOBI Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://mtld.mobi/system/files/Registrar-Registrant+Agreement+Text+%5BJan+09+revision%5D.pdf.

you agree to comply with all applicable laws, regulations and policies of mTLD available on their website at http://www.mtld.mobi/.

DOMAIN DISPUTE POLICY

You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'R'

.ASIA DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .ASIA domain name, the Registrant, must also agree to the following terms:
DEFINITIONS

"Charter Eligibility Declaration Contact" ("CED Contact") is a contact that is designated to make the declaration that it meets the Charter Eligibility Requirement for registering a .ASIA domain name.

"Charter Eligibility Requirement" means the eligibility requirement set out in the .ASIA Charter, that the Registered Name Holder is required to comply with. The policy for such requirement, the "Charter Eligibility Requirement Policy" is stated on DotAsia's website at http://policies.registry.asia.
REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

you are aware that registering a .ASIA domain name, involves you contracting with the .ASIA Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://policies.registry.asia.

you are aware that every .ASIA domain name must specify a CED Contact, that is a legal entity or natural person in the DotAsia Community. The DotAsia Community is defined based on the geographical boundaries described by the ICANN Asia / Australia / Pacific region (http://www.icann.org/montreal/geo-regions-topic.htm).

you are aware that in the event you do not have a legal entity or natural person in the DotAsia Community, the Registrar allows you to designate a Registrar-assigned CED Contact, to facilitate your .asia domain name registration.

you have made known to the Charter Eligibility Declaration Contact (CED Contact), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder's legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited's .ASIA Charter Eligibility Requirement Policy published from time to time. Registered Name Holder acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.

in the event of a domain name dispute both the CED Contact and the Registrant Contact can be named as the responding party, the CED Contact however is responsible only for acknowledging the dispute proceedings and to refer the case to the Registrant Contact. The Registrant Contact shall remain solely responsible for all operations and liabilities regarding the use of the domain.
DOMAIN DISPUTE POLICY

You agree to be bound by the current ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP), available at http://www.icann.org/dndr/udrp/policy.htm and ICANN's Charter Eligibility Dispute Resolution Policy (CEDRP), available at http://www.icann.org/udrp/cedrp-policy.html, that are incorporated herein and made a part of this Agreement by reference.
APPENDIX 'S'

.ME DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .ME domain name, the Registrant, must also agree to the following terms:
REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

you are aware that registering a .ME domain name, involves you contracting with the doMEn, d.o.o. Registry which is the .ME Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.domain.me/.

you agree to comply with all applicable laws, regulations and policies of doMEn, d.o.o. available on their website at http://www.domain.me/.
DOMAIN DISPUTE POLICY

You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by doMEn, d.o.o.. These policies are available at http://www.domain.me/ and are hereby incorporated and made an integral part of this Agreement.
APPENDIX 'T'

.TEL DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .TEL domain name, the Registrant, must also agree to the following terms:
REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

you are aware that registering a .TEL domain name, involves you contracting with the telnic which is the .TEL Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.telnic.org/.

you are aware that registering a .TEL domain name, requires you to submit atleast one communications contact such as a telephone number, an email address, an instant-messaging handle or a web link associated with you.
DOMAIN DISPUTE POLICY

You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'U'

LIST OF TLDS REGISTRAR IS AUTHORIZED TO PROVIDE DOMAIN NAME REGISTRATION AND MANAGEMENT SERVICES

.COM, .NET (through Registrar <#=domcno_serviceprovidername#>)

.ORG (through Registrar <#=domorg_serviceprovidername#>)

.BIZ (through Registrar <#=dombiz_serviceprovidername#>)

.INFO (through Registrar <#=dominfo_serviceprovidername#>)

.NAME and .NAME Defensive Registrations and .NAME Mail Forwards (through Registrar <#=dotname_serviceprovidername#>)

.US (through Registrar <#=domus_serviceprovidername#>)

.IN (through Registrar <#=dotin_serviceprovidername#>)

.EU (through Registrar <#=doteu_serviceprovidername#>)

.UK (through Registrar <#=dotuk_serviceprovidername#>)

.TRAVEL (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)

.WS (through Registrar <#=dotws_serviceprovidername#>)

.COOP (through Registrar <#=dotcoop_serviceprovidername#>)

CentralNIC (through Registrar <#=centralnic_serviceprovidername#>)

.MOBI (through Registrar <#=dotmobi_serviceprovidername#>)

.ASIA (through Registrar <#=dotasia_serviceprovidername#>)

.ME (through Registrar <#=dotme_serviceprovidername#>)

.TEL (through Registrar <#=dottel_serviceprovidername#>)

.MN, .BZ (through Registrar <#=afiliascctlds_serviceprovidername#>)

.CC, .TV (through Registrar <#=namestorecctlds_serviceprovidername#>)

.CN (through Registrar <#=dotcn_serviceprovidername#>)

.NZ (through Registrar <#=dotnz_serviceprovidername#>)

.CO (through Registrar <#=dotco_serviceprovidername#>)

.CA (through Registrar <#=dotca_serviceprovidername#>)

.DE (through Registrar <#=dotde_serviceprovidername#>)

.ES (through Registrar <#=dotes_serviceprovidername#>)

.AU (through Registrar <#=dotau_serviceprovidername#>)

.RU (through Registrar RU-Center)

.XXX (through Registrar <#=dotxxx_serviceprovidername#>)

.PRO (through Registrar <#=dotpro_serviceprovidername#>)

.SX (through Registrar <#=dotsx_serviceprovidername#>)

.PW (through Registrar <#=dotpw_serviceprovidername#>)

.IN.NET (through Registrar <#=indotnet_serviceprovidername#>)
APPENDIX 'V' .CN DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .CN domain name, the Registrant, must also agree to the following terms:

REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CN domain name, involves you contracting with the CNNIC which is the .CN Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.cnnic.cn.

DOMAIN DISPUTE POLICY

If the Order is a .CN domain name, the Registrant, must also agree to be bound by the current CNNIC Domain Name Dispute Resolution Policy, available at http://www.cnnic.cn/ that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'W'

.NZ DOMAIN NAME SPECIFIC CONDITIONS

Registrar and registrant are bound by the policies, at http://dnc.org.nz/policies, that are incorporated herein and made a part of this Agreement by reference.

In the case of any conflict between .NZ and this agreement, the .NZ terms apply. If the Order is a .NZ domain name the following applies:

REGISTER IS THE RECORD

For all purposes the details shown in the .NZ register shall be treated as correct and the authoritative record.

CANCELLATION OF A DOMAIN NAME

If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to its renewal, we will give you fourteen days notice before we initiate action to cancel that domain name.

LAW AND JURISDICTION APPLYING TO THIS APPENDIX

To the extent legally permitted, you agree that:

all services of the .NZ Registry are provided under New Zealand law.

any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you.

except as otherwise stated, you may take action against us only in a New Zealand court.

CANCELLING THE AGREEMENT

We may cancel or suspend this agreement by giving you one month’s notice.

REGISTRAR-REGISTRAR TRANSFER

The Registrant acknowledges and agrees that during the first five days after initial registration of the Order the Registrant may not be able to transfer the Order to another Registrar.
APPENDIX 'X'

.CO DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .CO domain name, the Registrant, must also agree to the following terms:

REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CO domain name, involves you contracting with the .CO Internet S.A.S which is the .CO Administrator, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.cointernet.co/.

LAW AND JURISDICTION

To the extent legally permitted, you agree that:

all services of the .CO Registry are provided under laws of Colombia.

any disputes, claims or controversies arising out of the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .CO TLD between Registrant and the .CO Registry shall be governed exclusively by the laws of Colombia and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Bogota, Colombia.

DOMAIN DISPUTE POLICY

If the Order is a .CO domain name, the Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the Uniform Domain Name Dispute Resolution Policy adopted by ICANN, available at http://www.icann.org/en/udrp/udrp-policy-24oct99.htm (the “UDRP”), as the same may be amended from time to time and which is hereby incorporated and made an integral part of this Agreement.
APPENDIX 'Y'

.CA DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .CA domain name, the Registrant, must also agree to the terms within the .CA Registrant Agreement displayed at the time of registering a .CA domain name and while assigning a new Registrant Contact for the domain name.

Where there is a conflict, contradiction or inconsistency between the provisions of this Appendix (.CA DOMAIN NAME SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT AGREEMENT, the provisions of this Appendix shall prevail in respect of all .CA domain name registrations only.
APPENDIX 'Z'

.DE DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .DE domain name, the Registrant, must also agree to the following terms:

REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief you are aware that registering a .DE domain name, involves you contracting with the DENIC eG (DENIC) which is the .DE Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.denic.de/en/domains.html.

LAW AND JURISDICTION

To the extent legally permitted, you agree that:

all services of the .DE Registry are provided under laws of Germany.

either the Registrant or the Administrative Contact of your .DE domain name is domiciled in Germany and would be legally able to receive German Court documents and/or summons.

any disputes, claims or controversies arising out of the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .DE TLD between Registrant and the .DE Registry shall be governed exclusively by the laws of Germany and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Germany.

DOMAIN DISPUTE POLICY

If the Order is a .DE domain name, the Registrant, must also agree to be bound by the current DENIC Domain Name Dispute Resolution Policy, available at http://www.denic.de/en/domains.html that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'AA'

.ES DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .ES domain name, the Registrant, must also agree to the following terms:

REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief you are aware that registering a .ES domain name, involves you contracting with the Red.es (ESNIC) which is the .ES Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.dominios.es/.

LAW AND JURISDICTION

To the extent legally permitted, you agree that:

all services of the .ES Registry are provided under laws of Spain.

any disputes, claims or controversies arising out of the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .ES TLD between Registrant and the .ES Registry shall be governed exclusively by the laws of Spain and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Spain.

DOMAIN DISPUTE POLICY

If the Order is a .ES domain name, the Registrant, must also agree to be bound by the current ESNIC Domain Name Dispute Resolution Policy, available at http://www.dominios.es/ that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'AB'

.AU DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .AU domain name, then the following terms apply:

REGISTRANT REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

you are aware that auDA (.au Domain Administration Limited, ACN 079 009 340) is the .AU Domain Names Administrator.

you are aware that you must comply with all auDA Published Policies (listed at http://www.auda.org.au), as if they were incorporated into, and form part of, this agreement. In the event of any inconsistency between any auDA Published Policy and this agreement, then the auDA Published Policy will prevail to the extent of such inconsistency.

you are aware that the Registrar acts as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of rights and covenants conferred to it under this agreement. auDA is an intended third party beneficiary of this agreement.

all information provided to register or renew the registration of the domain name (including all supporting documents, if any) are true, complete and correct, and are not misleading in any way, and the application is made in good faith.

you acknowledge that under the auDA Published Policies 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 agreement.

you meet and will continue to meet, the eligibility criteria prescribed in auDA Published Policies (http://www.auda.org.au/policy/current-policies/) for the domain name for the duration of the domain name.

you have not previously submitted an application for the domain name with another Registrar using the same eligibility criteria, and the other Registrar has rejected the application.

you are aware that even if the domain name is accepted for registration, the Registrant’s entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name.

you are aware that auDA or the Registrar may cancel the registration of the domain name if any of the warranties set out above is found to be untrue, incomplete, incorrect or misleading.

you are aware of auDA’s WHOIS policy at http://www.auda.org.au/whois-policy/, which sets out auDA’s guidelines on the collection, disclosure and use of WHOIS data.

LIABILITIES AND INDEMNIFICATION

To the fullest extent permitted by law, auDA will not be liable to Registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered by Registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.

Registrant agrees to indemnify, keep indemnified and hold auDA, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Registrant’s registration or use of its .au domain name.

Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.

DOMAIN DISPUTE POLICY

You agree to be bound by the current auDRP Dispute Resolution Policy, available at http://www.auda.org.au/policy/current-policies/ that is incorporated herein and made a part of this Agreement by reference.

REGISTRAR SUPPORT

First level of support is available through the Registration Partner, from whom you have registered your .AU domain name. Contact details of this organization may be obtained from http://publicdomainregistry.com/support/.

If this organization is not able to provide timely assistance to the domain name owner, you may contact Registrar <#=dotau_serviceprovidername#>’s 24×7 online Support Team at http://resources.publicdomainregistry.com/compliance/.

To know more about your .AU domain name or to get in touch with the .AU Registry, refer http://www.auda.org.au/help/faq-index/.

REGISTRAR ADDRESS

<#=dotau_serviceprovidername#>

ACN: 141 141 988

ABN: 25 141 141 988

14, Lever Street, Albion

Brisbane, Queensland 4010

Australia

DOMAIN CANCELLATION POLICY

If the domain name must be cancelled for any reason after the Registrar allotted Add Grace period, the domain name registrant can do so by submitting a written application for cancellation of the domain to the Registrar.

To cancel the domain licence:

Organisations or companies listed as the domain registrant must submit their written request along with the legal letterhead of that organisation.

Individuals or sole traders must submit their written request along with a copy of photo identification.

All requests must be dated, signed and may be submitted by the Registrant via email or any other medium provisioned by the Registrar.
APPENDIX 'AC'

.CC, .TV DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .CC or .TV domain name, then the following terms apply:

REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CC, .TV domain name, requires you to agree to:

grant Verisign (the .CC, .TV Registry) all necessary licenses and consents to permit Verisign or its agent(s) to:

perform in Verisign’s unlimited and sole discretion Malware Scans on your .CC, .TV website.

collect, store, and process data gathered as a result of such Malware Scans.

disclose the results of such Malware Scan (including all data therefrom) to the Registrar. Such information can not be considered as confidential or proprietary.

use the results of such Malware Scan (including all data therefrom) in connection with protecting the integrity, security or stability of the Registry.

disclaim any and all warranties, representations or covenants that such Malware Scan will detect any and all Malware or that Verisign is responsible for notifying the Registrar or the Registrant of any Malware or cleaning any Malware from any Registrant’s systems.

LIABILITIES AND INDEMNIFICATION

You agree to indemnify, defend and hold harmless Verisign and its affiliates, suppliers, vendors and subcontractors, and, if applicable, any ccTLD registry operators providing services and their respective employees, directors, officers, representatives, agents and assigns (“Verisign Affected Parties”) from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any Malware Scan, the failure to conduct a Malware Scan, the failure to detect any Malware, or the use of any data from Malware Scans.
APPENDIX ';AD'

.XXX DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .XXX domain name, the Registrant, must also agree to the following terms:

REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief you are aware that registering a .XXX domain name, involves you contracting with the ICM Registry LLC which is the .XXX Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.icmregistry.com.

DOMAIN DISPUTE POLICY

You agree to be bound by the current ICANN’s Uniform Domain Name Dispute Resolution Policy available at http://www.icann.org/udrp/udrp.htm, and ICM’s Charter Eligibility Dispute Resolution Policy (CEDRP) and ICM’s Rapid Evaluation Service (RES) available at the Registry’s website, that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'AE'

.RU DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .RU domain name, the Registrant, must also agree to the following terms:

REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief you are aware that registering a .RU domain name, involves you contracting with Registrar RU-Center, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at https://www.nic.ru/.

LAW AND JURISDICTION

To the extent legally permitted, you agree that all services of Registrar RU-Center are provided under laws of the Russian Federation.
APPENDIX 'AF'

.PRO DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .PRO domain name, the Registrant, must also agree to the following terms:

You are aware that registering a .PRO domain name, involves you contracting with RegistryPro, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://registry.pro/legal/user-terms

INDEMNITY

You agree to hold harmless and indemnify iwebshop and Registrar, and each of their subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Registrar will provide you with written notice of such claim, suit or action.

INCORPORATION OF .PRO RESTRICTIONS AND CHALLENGE PROCESSES

You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement.

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

The Qualification Challenge Policy and Rules, available at http://www.icann.org/dndr/proqcp/policy.htm and http://www.icann.org/dndr/proqcp/uniform-rules.htm;

The .pro TLD restriction requirements, available at http://www.registrypro.pro/qualifications.htm

You represent and warrant that, at all times during the term of domain name registration, you will meet the .pro registration requirements set forth by RegistryPro. You are required to provide prompt notice to the Registrar if you fail to meet such registration requirements. Registrar and/or Registry Operator shall have the right to immediately and without notice to you, suspend, cancel or modify a your registration if, at any time you fail to meet the registration requirements.
APPENDIX 'AG'

.SX DOMAIN NAME SPECIFIC CONDITIONS

REGISTRANT REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief you are aware that registering a .SX domain name, involves you contracting with the SX Registry SA which is the .SX Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.registry.sx/registrars/legal

Domain Name Holders expressly acknowledge and accept that the Registry shall be entitled (but not obliged) to reject an Application or to delete or transfer a Domain Name Registration:

??? that does not contain complete and accurate information as described in these Policies, or is not in compliance with any other provision of these Policies; or

??? to protect the integrity and stability of the Shared Registry System, and/or the operation and/or management of the .SX TLD; or

??? in order to comply with applicable laws and regulations, and/or any decision by a competent court or administrative authority and/or any dispute resolution service provider the Registry may hereafter retain to oversee the arbitration and mediation of disputes; and/or any other applicable laws, regulations, policies or decrees; or

to avoid any liability on behalf of the Registry, including their respective affiliates, directors, officers, employees, subcontractors and/or agents; or

following the outcome of a Sunrise Reconsideration Proceeding.

INDEMNIFICATION AND LIMITATION OF LIABILITY

To the extent allowed under governing law, the Registry shall only be liable in cases where willful misconduct or gross negligence is proven. In no event shall the Registry be held liable for any indirect, consequential or incidental damages or loss of profits, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to the submission of an Application, the registration or use of a Domain Name or to the use of the Shared Registry System or Registry Web Site, even if they have been advised of the possibility of such loss or damages, including but not limited to decisions taken by the Registry to register or not to register a Domain Name on the basis of the findings of or information provided by the IP Clearinghouse Operator, as well as the consequences of those decisions.

To the extent allowed under applicable law, the Registry???s aggregate liability for damages shall in any case be limited to the amounts paid by the Accredited Registrar to the Registry in relation to the Application concerned (excluding additional fees paid by the Applicant to the Accredited Registrar or reseller, auction fees and/or reconsideration fees). The Applicant agrees that no greater or other damages may be claimed from the Registry (such as, but not limited to, any fees payable or paid by the Applicant in the context of any proceedings initiated against a decision by the Registry to register or not to register a Domain Name). The Applicant further agrees to submit to a binding arbitration for

disputes arising from these Policies and related to the allocation of Domain Names.

Applicants and Domain Name Holders shall hold the Registry harmless from claims filed or disputes initiated by third parties, and shall compensate the Registry for any costs or expenses incurred or damages for which they may be held liable as a result of third parties taking action against it on the grounds that the Applications for or the registration or use of the Domain Name by the Applicant infringes the rights of a third party. Applicant agrees to indemnify, keep indemnified and hold the Registry harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Applicant’s registration or use of its .sx domain name.

For the purposes of this Article, the term ???Registry??? shall also refer to its shareholders, directors, employees, members, subcontractors, the IP Clearinghouse Operator and their respective directors, agents, employees and subcontractors.

The Registry, its directors, employees, contractors and agents (including the IP Clearinghouse Operator and the Auction Provider) are not a party to the agreement between an Accredited Registrar and its Applicants, its Domain Name Holders or any party acting in the name and/or on behalf of such Applicants or Domain Name Holders.

DOMAIN DISPUTE POLICY

You agree to be bound by the Uniform Domain Dispute Resolution Policy (UDRP), available at http://www.registry.sx/registrars/legal.html that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'AH'

.PW DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .PW domain name, the Registrant, must also agree to the following terms:

REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief you are aware that registering a .PW domain name, involves you contracting with the .PW Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.registry.pw/.

Furthermore, you represent and certify that, to the best of your knowledge and belief you are aware of the Domain Abuse Policy for .PW Registrants available on the website http://www.registry.pw/

DOMAIN DISPUTE POLICY

You agree to be bound by the dispute policies as decided by the .PW Registry and published at http://www.registry.pw that are incorporated herein and made a part of this Agreement by reference.
APPENDIX 'AI'

.IN.NET DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .IN.NET domain name, the Registrant, must also agree to the following terms:

REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief you are aware that registering a .IN.NET domain name, involves you contracting with the .IN.NET Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.domains.in.net/.

Furthermore, you represent and certify that, to the best of your knowledge and belief you are aware of the Domain Abuse Policy for .IN.NET Registrants available on the website http://www.domains.in.net/anti-abuse-policy/

DOMAIN DISPUTE POLICY

You agree to be bound by the dispute policies as decided by the .IN.NET Registry and published at http://www.domains.in.net/dispute-resolution-policy/ that are incorporated herein and made a part of this Agreement by reference.