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Domain Management Terms and Conditions

These Terms and Conditions (hereinafter referred to as the "Domain Management Terms" or this "Agreement") sets forth the terms and conditions of your use of the domain name registration services and any related services made available through the domain management portion of MarkMonitor's Web Site (www.markmonitor.com). By ordering any Services hereunder, you (hereinafter "you" or "Customer") agree to be bound by the terms set forth in the Domain Management Terms and any Exhibits hereto.

1.	DEFINITIONS 1.1 "Fees" shall mean the prices for the Services as set forth in any written agreement between Customer and MarkMonitor. 1.2 "Third-Party Costs" shall mean any costs in addition to Fees required to facilitate a domain transaction, such as costs imposed by a foreign locality for the right to do business in such locality, ownership change, or trademark registration. 1.3 "ccTLD" shall mean any country code top level domains (e.g., .uk., .jp, .tv). 1.4 "gTLD" shall mean any general top level domains (e.g., .com, .net, .org, .biz). 1.5 "Portal" shall mean the domain name management system provided by MarkMonitor through the portion of website labeled "Domain Management", which allows the Customer to register and manage domain names owned by the Customer and allows the Customer to submit orders for Services and track their progress. 1.6 "Automated Domains" shall mean those domains in which their respective Registry Operators have fully automated systems functions (e.g., .com, .net, .org, .biz, .info, .us, and .cn), which allows MarkMonitor's Portal to perform certain real-time management of domain names. 1.7 "Services" shall mean any of the Services offered through the Portal, including, registration, transfers, modifications, domain name management services, or other services requested by Customer and provided by MarkMonitor. Services do not include the services available through the Trademark Management and Brand Management portions of the MarkMonitor Website. 1.8 "Estimate" shall mean the response to any Order submitted by a Customer in writing, through the Portal or through electronic mail. 1.9 "Registry Operators" shall mean the authorized operators of a top-level domain (TLD) (e.g., VerisignGRS for the .com TLD). 1.10 "Transfer" shall mean the service of changing the registrar of record for a domain to MarkMonitor as the registrar for gTLDs and certain ccTLDs, or to change any of the contact information associated with a ccTLD to cause the affected domain name to be managed by MarkMonitor. 1.11 "Modifiable Domain" shall mean a domain name that can be modified at the Registry in that such domain is in compliance with Registry requirements, is paid for, does not need ownership changes, or other material changes prior to, or required to facilitate a modification. 1.12 "Domain Modification" shall mean any changes to name servers (DNS) or contacts excluding domain owner (Registrant) of a Modifiable Domain. 1.13 "Order" shall mean any request for Services or any request for an Estimate submitted by a Customer to MarkMonitor. 1.14 "Primary User" shall mean the person as identified within the Portal as having the master username and password. 1.15 "Sub-User" shall mean the person or persons setup within the Portal as having unique permissions as designated by the Primary User.
2.	SERVICES 2.1 gTLDs. As an ICANN accredited domain name registrar, MarkMonitor is, upon accepting your application to register or renew a domain name with a gTLD, your sponsor for that application. All gTLD domain name registrations we register or renew are not effective until we have delivered the domain name registration or renewal information you provide us to the Registry Operator for the respective gTLD, as applicable, and the Registry Operator puts into effect your domain name registration or renewal. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by the applicable Registry Operator for each of their respective registries and any new Registry Operators for any new gTLDs that may become available through MarkMonitor, some of which are described on Exhibits A-D attached. You acknowledge that you agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all gTLD domain name registrations or renewals, as well as any other policies adopted by ICANN from time to time. 2.2 ccTLDs. If you request Services related to any ccTLDs, you agree to be bound by all of the additional terms and conditions described on Exhibit E hereto. In addition, you agree to be bound by all of the additional terms, rules and regulations of each ccTLD Registry Operator or registrar utilized, which may change from time to time, including any dispute resolution policies adopted by such Registry Operators. In response to an Order for ccTLD Services, MarkMonitor informs the Customer of the information required by the ccTLD Registry Operators. Customer is responsible for promptly gathering the information required by each ccTLD Registry Operator and for providing such information to MarkMonitor in the manner requested. Certain ccTLD Registry Operators may require certain items such as letters, corporate Identification numbers, or other documents to be submitted either by MarkMonitor or submitted directly from Customer. Customer may request administrative and technical contacts including name servers to be changed at time of initial transfer for no additional fee. Third-Party Costs are not included in the registration or transfer fee and will be quoted separately for each domain name. 2.3 Domain Recovery Services. If you request services related to the acquisition of a gTLD or ccTLD that is currently owned by someone other than you, you agree to be bound by all of the additional terms and conditions described in Exhibit G. 2.4 DNS Services. If you request services related to domain name system (DNS) management services, you agree to be bound by all of the additional terms and conditions described in Exhibit H. 2.5 No Guarantee of Registration or Renewal. You acknowledge and agree that MarkMonitor cannot guarantee that you will be able to register, transfer or renew a desired domain name, even if an inquiry indicates that domain name is available, since MarkMonitor cannot know with certainty whether the requested domain name is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You also acknowledge and agree that MarkMonitor is not liable or responsible in any way for any errors, omissions or any other actions by any Registry Operator or registrar arising out of or related to your application for and registration of, renewal of, transfer of or failure to register, transfer or renew a particular domain name. You further acknowledge and agree that MarkMonitor may elect to accept or reject any of your applications for registration or renewal for any reason at its sole discretion, including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name or rejection due to a potential infringement of someone else's rights. You also acknowledge and agree that MarkMonitor is not liable or responsible in any way for any errors, omissions or any other actions by any Registry Operator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. 2.6 Your Representations. By applying to register a domain name, or by asking MarkMonitor to maintain, transfer or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, transfer, maintenance, or renewal are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; (d) you will not knowingly use the domain name in violation of any applicable laws or regulations, and (e) that you are the rightful owner of any domain names for which you request a transfer to MarkMonitor. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name infringe or violate someone else's rights. 2.7 Domain Name Registrant. MarkMonitor considers the entity named as the Registrant for the domain name at the time of initial registration with MarkMonitor as the entity that controls the domain name. 2.8 User Name and Password. The first time you apply to use MarkMonitor's Portal, you will be assigned a username and password. That username and password are the means through which you access to certain of the Services. You acknowledge and agree that in no event will MarkMonitor be liable for the unauthorized use or misuse of your User name or password. You are solely responsible for maintaining the confidentiality of your username and password and for any unauthorized activities, charges and/or liabilities made on or through your login name until we receive notification of any unauthorized use of your username or passwords. 2.9 Renewals. The Portal is designed to notify the Primary User contact as identified in the Portal for a domain name at least thirty (30) days before a domain renewal fee is due. MarkMonitor shall update the Portal to automatically renew gTLDs and ccTLDs under management on the first day of each month for any domains expiring within that calendar month. Unless you instruct MarkMonitor otherwise by deactivating your auto-renew status through the Portal for gTLDs prior to the first day of the month of expiration and prior to sixty (60) days from the expiration date for any ccTLDs managed by MarkMonitor, MarkMonitor will assume that the Customer desires to have the expiring domain name renewed. We will charge the credit card you used to secure the initial term of registration with us, or bill your account, as appropriate the following month in accordance with the payment terms described in Section 4. MarkMonitor charges a recovery fee of $150 for any domain names recovered after deletion during the ICANN mandated Redemption Grace Period. 2.10 Transfers. If you will be transferring domains to MarkMonitor currently registered with another registrar, you understand that there may be certain confirmations and procedures required by the transferring registrar in order to complete the transfer process, such as responding to e-mails acknowledging the transfer request. You agree to promptly cooperate with such procedures and you acknowledge that any delays in your compliance with the applicable procedures may delay the effective date of such transfer to MarkMonitor. You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with MarkMonitor. Customer understands that MarkMonitor is only responsible for the submission of the registrar transfer request to the Registry and the adding of the domain name to MarkMonitor's registrar database upon a successful transfer. MarkMonitor is not responsible for any action required by the previous registrar or by the customer to either facilitate the transfer or expedite it. Transfers may take from one day to several days depending on the processes of the current registrar. Due to the time constraints involved, MarkMonitor does not recommend that a Customer request a registrar transfer within thirty days of the expiration date of the affected domain name. Customer understands that transferring of a domain not owned by the Customer results in MarkMonitor performing customer service functions and often paying the previous registrar to transfer the domain back on behalf of the rightful owner. Customer agrees to pay a transfer reversal Fee of $120.00 for any registrar transfer affecting a domain name for which the Customer is not the valid owner. 2.11 Registrant Transfers. You agree that if you initiate a transfer of registrant request through MarkMonitor, MarkMonitor is authorized to process such request without requiring you to provide any notarized statements or other proof of ownership of the affected domain name or otherwise confirming such transaction with the registrant of record. In submitting each such request, you represent and warrant that: (a) you are the rightful owner of the domain name affected by the request, (b) the change of registrant of the affected domain name will not infringe upon or otherwise violate the rights of any third party; (c) the request is not submitted for an unlawful purpose; (d) you will not knowingly use the affected domain name in violation of any applicable laws or regulations; and (e) before any such request is submitted through MarkMonitor, you have received verification from both parties to the transfer that such transfer has been duly authorized and approved. MarkMonitor assumes no liability with respect to any such transfers. MarkMonitor has the right to reverse a registrant transfer request or suspend, transfer or cancel a domain name affected by such request for any reason, including, without limitation, if MarkMonitor has reason to believe that a registrant transfer was consummated in error or in violation of the rights of a third party. Customer agrees to pay a transfer reversal Fee of $120.00 for any domain registrant transfer affecting a domain name for which the Customer is not the valid owner. 2.12 Domain Modifications Through the Portal, Customer may perform all Domain Modifications affecting Automated Domains at no charge. Customer agrees that all other Domain Modifications performed by MarkMonitor are subject to its standard Domain Modification Fees. 2.13 Suspension, Cancellation, Transfer or Modification. You acknowledge and agree that MarkMonitor may suspend, cancel, transfer or modify your use of the Services at any time, for any reason at its sole discretion. Without limiting the foregoing, MarkMonitor may suspend, cancel, transfer or modify your domain name registration if (a) you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by MarkMonitor, (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (c) you use your domain name in connection with unlawful activity. You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any Registrar (including MarkMonitor) or Registry Operator procedures, (iv) to correct mistakes by MarkMonitor or the Registry Operator in registering the name (v) for the resolution of disputes concerning the registered domain name, or (vi) any applicable policy adopted by any ccTLD Registry Operator. You also agree that MarkMonitor shall have the right to suspend, cancel, transfer or otherwise modify your domain name registration at such time as MarkMonitor receives (i) a properly authenticated notification from a court of competent jurisdiction, or (ii) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.
3.	ORDERS Customer agrees that any Orders submitted to MarkMonitor, are subject to all of the terms and conditions of these Domain Management Terms. Orders for Services may be placed by Primary User or any Sub-User with such permission in the Portal through the Portal, by e-mail, or telecopy. MarkMonitor may accept an Order through any of the following means: (i) entering the Order or domain name into the Customer's Portal account, or (ii) issuance of an Estimate describing the specific terms and conditions applicable to the Services ordered. In the event an Estimate is issued, Customer agrees to sign and return the Estimate in the manner specified therein. Customer's failure to sign the Estimate may result in MarkMonitor canceling the Order. Once accepted, no Orders may be cancelled by Customer. Customer acknowledges that Services which are unfulfilled for more than six months due to a failure of Customer to provide requested information and or documentation will be considered closed by MarkMonitor and require the Customer to submit another Order to reinstate the Services affected.
4.	PAYMENT 4.1 Your domain name application, renewal application, or registrar transfer request will not be submitted to the applicable Registry Operator unless we receive actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by MarkMonitor in its sole discretion). Customer agrees to pay MarkMonitor for all Fees charged in connection with any accepted Orders hereunder. MarkMonitor shall submit invoices to Customer to the billing contact or contacts as listed in the Portal at the beginning of each calendar month, which shall reference the Fees associated with all Orders and recurring Services accepted by MarkMonitor during the prior month. Invoices may be paid by check, Visa, MasterCard, American Express, Discover, and wire transfer, subject to wire fee of $25.00 for domestic originations and $50.00 for international originations. All invoices are due and payable by Customer within thirty (30) days of the invoice date or in accordance with any other payment terms contained in an Estimate. Any payment not received within thirty (30) days from the applicable due date will accrue interest at a rate of the lesser of one and one half per cent (1.5%) per month or the maximum allowable under applicable law. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to MarkMonitor as the entity that has paid the registration, renewal, or transfer fee for that registration to the registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties. MarkMonitor will provide up to five (5) separate invoices for Customer selected asset groups; however, MarkMonitor will charge a fee of $1200 for each separately invoiced asset group over the above-mentioned five (5) asset groups. 4.2 The Customer shall not, under any circumstances, receive any credits or refunds in connection with any Services which have been paid in full, including, without limitation, any a) fraudulent registration, b) registration in bad faith, c) loss of a domain dispute via the Uniform Domain Name Dispute Resolution Policy or legal action taken by a third party, c) reversal decision by the Registry, d) cancellation by MarkMonitor due to Customer spamming, or other violations of this agreement by Customer, e) closed Services, f) cancellation for any reason by Customer, or g) inability on the part of any Registry Operator or registrar to deliver or otherwise complete the Services requested.
5.	TERM AND TERMINATION The term of this Agreement will commence on the Effective Date and shall continue during the period in which receive any Services hereunder. MarkMonitor may terminate the Agreement, with or without cause, upon thirty (30) days' notice to you. Any termination of this Agreement shall not relieve Customer of any obligations to pay Fees and Third-Party Costs accrued prior to the termination date and any other amounts owed by Customer to MarkMonitor as provided in this Agreement. Upon termination of this Agreement, MarkMonitor will have no obligation to pay renewal Fees beyond that which was pre-paid by Customer. It is Customer's responsibility to modify billing contacts of domain names in order to receive renewal notices directly. MarkMonitor is not responsible to file, forward, or in anyway administer renewal notices beyond that which MarkMonitor has received applicable Fees for by Customer. The terms set forth in Sections 2.1-2.6, 2.9-2.12, 4, and 5 - 10 shall survive the cancellation, termination or expiration of this Agreement.
6.	DOMAIN NAME REGISTRATION INFORMATION AND ITS USE You hereby acknowledge and agree that, in connection with your use of certain of MarkMonitor's Services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. The information you are obligated to provide and keep current in connection with your use of MarkMonitor's domain name registration, administration, and renewal services is the following: 6.1 Your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder); 6.2 The domain name being registered; and 6.3 The name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration. You acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed. In addition to the information you provide, we maintain records relating to any domain name application received by MarkMonitor, as well as any domain name registered through, administered, or renewed by MarkMonitor. We also maintain records relating to other services that we provide to you. These records may include, but are not limited to: A. The original creation date of a domain name registration, renewal, or request for service; B. The submission date and time of a registration or renewal application to us and by us to the proper registry; C. Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us; D. Records of your account, including dates and amounts of all payments and refunds; E. The IP addresses of the primary name server and any secondary name servers for the domain name; F. The corresponding names of those name servers; G. The name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name; H. The expiration date of a domain name registration; and I. Information regarding all other activity between you and us regarding your use of the Services. You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by MarkMonitor concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You acknowledge and agree that MarkMonitor may make available information you provide or that we otherwise maintain to such third parties as applicable laws require or permit. You further acknowledge and agree that MarkMonitor may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service or BulkWhois requirements specified by ICANN) or for targeted marketing and other purposes as required or permitted by applicable laws. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any Services (including any updates to such information). We agree that we will take reasonable precautions to protect data about any identified or identifiable natural person from loss, misuse, unauthorized access or disclosure, alteration or destruction in accordance with the limitations described in this Agreement. You acknowledge and agree that MarkMonitor owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to MarkMonitor a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (i) the original creation date of a domain name registration, (ii) the expiration date of a domain name registration, (iii) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (iv) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (v) any other information wegenerate or obtain in connection with the provision of the Services. MarkMonitor does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this Section.
7.	AGENTS AND LICENSES You agree that, if you are using the Services for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You accept liability for harm caused by wrongful use of the Services. You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm. In the event that (i) in applying for the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. Customer agrees that as long as MarkMonitor is currently providing Services to Customer, that Customer will allow MarkMonitor to list Customer's company name, in text format only, on its client list currently located on its website.
8.	LIMITATION AND INDEMNIFICATION 8.1 THE SERVICES ARE PROVIDED TO CUSTOMER "AS IS." EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR, MarkMonitor MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MarkMonitor MAKES NO REPRESENTATIONS OR WARRANTIES THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE CUSTOMER EITHER FROM CHALLENGES TO ITS DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO CUSTOMER. YOU AGREE THAT MarkMonitor, ICANN AND/OR ANY REGISTRY OPERATOR WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (i) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (ii) USE OF YOUR DOMAIN NAME REGISTRATION, (iii) UNAVAILABILITY OF SERVICES OR ANY FEATURES THEREOF OR ANY INTERRUPTION OF BUSINESS, (iv) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (v) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (vi) EVENTS BEYOND MarkMonitor'S OR ANY REGISTRY OPERATOR'S REASONABLE CONTROL, (vii) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, (viii) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES, (ix) THE MISUSE OF YOUR USERNAME AND PASSWORD, OR (x) LOSSES RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT. 8.2 NEITHER MarkMonitor NOR ANY REGISTRY OPERATOR WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF MarkMonitor AND/OR ANY REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MarkMonitor'S AND/OR ANY REGISTRY OPERATOR'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 8.3 You agree to defend, indemnify and hold harmless MarkMonitor, ICANN and/or any Registry Operator (including any parents, subsidiaries, shareholders, members, officers, directors, employees, affiliates, agents and subcontractors of MarkMonitor and/or any Registry Operator) from any third party claim, action or demand, resulting in loss, damages or costs (including reasonable attorney's fees and expenses) due to, arising out of or related to: (i) your use of the Services, (ii) your application for and registration of, or failure to register or renew, a particular domain name; (iii) your use of any domain name registered in your name; (iv) your breach of this Agreement; (v) any disputes involving the intellectual property rights of others; (vi) processing any registrant transfers in accordance with this Agreement; and (vii) your use of any domain name affected by any transfer of registrant request. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
9.	CONDUCT You may access and use the Services for lawful purposes only and you are solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Services. You agree that you will not (i) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local state, Federal or international law or regulation; (ii) upload or otherwise transmit any content that you do not have a right to transmit under any law or contractual or fiduciary duty; (iii) interfere or infringe with any trademark or proprietary rights of any other party; (iv) interfere with the ability of other users to access or use the Services; (v) claim a relationship with or to speak for any individual, business, association, institution or other organization for which you are not authorized to claim such a relationship; (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or (vii) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the Services.
10.	GENERAL You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that MarkMonitor may modify or amend this Agreement, as well as any additional rules or policies that are or may be published by MarkMonitor, by notice to you through any means (including, without limitation, through e-mail or through posting the revised terms on MarkMonitor's website), as necessary to comply with MarkMonitor's ICANN agreement, or with any other agreements that MarkMonitor is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of any domain name registered through MarkMonitor shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by MarkMonitor, each with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute over your domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Idaho, as if the Agreement was a contract wholly entered into and wholly performed within the State of Idaho. You agree and acknowledge that any acceptance of your application for the Services and the performance thereof will occur at our offices in Boise, Idaho, the location of our principal place of business. Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute over your domain name registration, any action to enforce this Agreement or any matter relating to your use of the MarkMonitor site shall be brought exclusively in the United States District Court for theDistrict of Idaho, or if there is no jurisdiction in such court, then in a state court in Ada County, Idaho.Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where MarkMonitor's headquarters are located, currently Boise, Idaho. These Domain Management Terms, the Exhibits hereto, as well as any additional rules and policies adopted by MarkMonitor from time to time, constitute the complete and exclusive agreement between you and MarkMonitor concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications; provided, however, if you have executed a written agreement with MarkMonitor with respect to the Services, such written agreement shall govern your use of the Services, subject to any additional terms that may be contained in the Exhibits hereto and or any MarkMonitor polices adopted from time to time. All notices shall be made in writing and shall be sent by mail or telecopy to the addresses set forth on the signature page of this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. MarkMonitor will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of MarkMonitor as reflected in the original provision. Except as set forth herein, this Agreement may not be amended, waived or modified by either party except by means of a written document signed by both Customer and an authorized representative of MarkMonitor. Customer agrees to maintain the confidentiality of, and not to disclose to any third party, the terms of this Agreement or the Fees charged hereunder, except as necessary in connection with any legal action or proceedings.

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- Revised 1/27/04


EXHIBIT A

.BIZ TERMS AND CONDITIONS
THE PROVISIONS CONTAINED IN THIS EXHIBIT A ARE SPECIFIC TO .BIZ REGISTRATION SERVICE (REFERRED TO COLLECTIVELY AS ".BIZ SERVICE"). ANY PROVISION CONTAINED IN THIS EXHIBIT A, WHICH CONFLICTS WITH ANY OTHER PROVISION OF THIS AGREEMENT SHALL CONTROL, AS IT RELATES TO THE .BIZ SERVICE.

1.	Your Representations You represent and warrant that you are at least eighteen (18) years of age or older and are either an owner of a registered or common law trademark or service mark ("Owner") or the duly authorized agent of an Owner ("Agent") (collectively, "you") in connection with the .biz Service and submitting an IP Claim (as defined below) on behalf of an Owner(s).
2.	License to Use Data/Privacy By submitting an IP Claim and/or a .biz domain name application, you hereby grant MarkMonitor, as well as any of its agents or subcontractors, a limited, royalty-free, non-exclusive worldwide license to use all of the data contained in the IP Claim and .biz application service solely for the purposes of implementing the Service, processing your IP Claim, notifying Applicants of your IP Claim, registering your .biz extension if awarded by Registry Operator ("Neulevel") and for notifying you of changes to the .biz Service, for archival purposes.
3.	Third Party Beneficiary Neulevel is an intended third party beneficiary of the terms and conditions set forth in this Agreement with rights to enforce this Agreement. You will cooperate in good faith with NeuLevel or MarkMonitor in investigating instances of non-compliance with this Agreement, if NeuLevel or MarkMonitor believes in good faith that you are not in compliance with this Agreement.
4.	.BIZ Restrictions 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: i. To exchange goods, services, or property of any kind; ii. In the ordinary course of trade or business; or iii. To facilitate (1) the exchange of goods, services, information, or property of any kind; or, (2) the ordinary course of trade or business. Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) 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.
5.	.BIZ Certification As a .biz domain name registrant, you hereby certify to the best of your knowledge that: i. The registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use; or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) 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.biz/ardp/index.html ii. The domain name registrant has the authority to enter into the registration agreement; and iii. The registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.
6.	Provision of Registration Data A. 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 (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement. B. Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact when appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
7.	Domain Name Dispute Policy If you reserved or registered a .biz domain name through us, you agree to be bound by Neulevel's current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: i. The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm. ii. The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/rdrp.html. iii. The Restrictions Dispute Resolutions Criteria and Rules ("RDRP") available at http://www.neulevel.biz/ardp/index.htm The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name ("Registrant") 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 is 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 or MarkMonitor. Neither Registry Operator nor MarkMonitor will 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 RDRP or UDRP processes.
8.	Domain Name Dispute Policy Modifications You agree that we, in our sole discretion, may modify our dispute policy in accordance with modifications made by ICANN or Neulevel. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
9.	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 our dispute policy in effect 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 us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
10.	Reservation of Rights MarkMonitor AND THE .BIZ REGISTRY OPERATOR, NEULEVEL, INC. EXPRESSLY RESERVE THE RIGHT TO DENY, CANCEL OR TRANSFER ANY REGISTRATION THAT IT DEEMS NECESSARY, IN ITS DISCRETION, TO PROTECT THE INTEGRITY AND STABILITY OF THE REGISTRY, TO COMPLY WITH ANY APPLICABLE LAWS, GOVERNMENT RULES OR REQUIREMENTS, REQUESTS OF LAW ENFORCEMENT, IN COMPLIANCE WITH ANY DISPUTE RESOLUTION PROCESS, OR TO AVOID ANY LIABILITY, CIVIL OR CRIMINAL, ON THE PART OF MarkMonitor AND/OR NEULEVEL, INC, AS WELL AS, THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS AND EMPLOYEES. MarkMonitor AND NEULEVEL, INC. ALSO RESERVE THE RIGHT TO FREEZE A DOMAIN NAME DURING RESOLUTION OF A DISPUTE.

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EXHIBIT B

.INFO TERMS AND CONDITIONS
THE PROVISIONS CONTAINED IN THIS EXHIBIT B ARE SPECIFIC TO THE .INFO SERVICE. ANY PROVISION CONTAINED IN THIS EXHIBIT B, WHICH CONFLICTS WITH ANY OTHER PROVISION OF THIS AGREEMENT SHALL CONTROL, AS IT RELATES TO THE .INFO SERVICE.

1.

Indemnification of Registrar and Registry Operator. You acknowledge and agree that Affilias, the .info Registry Operator, and MarkMonitor will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period (initial registration period for registered trademark holders), the pre-registration application service offered by MarkMonitor, or the Land Rush Period (registration period following Sunrise Period, subject to certain selection processes), including, without limitation: (a) the ability or inability of a Registered Name Holder to obtain a registered name during these periods, and (b) the results of any dispute over a Sunrise Registration. You acknowledge and agree that neither MarkMonitor nor the Registry Operator guarantee that you will be able to register your requested .info domain name.

2.

Governing Law. You acknowledge and agree to submit to proceedings commenced under ICANN's UDRP and Sunrise Dispute Resolution Policy ("SDRP") adopted by the Registry Operator. Except as otherwise set forth in the UDRP with respect to any dispute over your domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Idaho, as if the Agreement was a contract wholly entered into and wholly performed within the State of Idaho.

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EXHIBIT C

.NAME TERMS AND CONDITIONS
THE PROVISIONS CONTAINED IN THIS EXHIBIT C ARE SPECIFIC TO THE .NAME SERVICE. ANY PROVISION CONTAINED IN THIS EXHIBIT C, WHICH CONFLICTS WITH ANY OTHER PROVISION OF THIS AGREEMENT SHALL CONTROL, AS IT RELATES TO THE .NAME SERVICE.

I. Terms applicable to the .name domain and email forwarding services.

1.	SERVICE DESCRIPTION Please refer to the following URLs for a service description of the .name domain and email forwarding services: 1.1 Domains: - Appendix C pt. 1 A of the agreement between The Internet Corporation for Assigned Names and Numbers ("ICANN") and The Global Name Registry, Limited ("the ICANN Agreement"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appc-1-8aug03.htm#a i. Appendix L of the ICANN Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm (b) Email forwarding: ii. Appendix C pt. 1 D of the ICANN Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appc-1-8aug03.htm#a iii. Appendix L of the ICANN Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm 1.2 name RESTRICTIONS - 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. 1.3 .name CERTIFICATIONS - As a .name domain name Registrant, you hereby certify that: a. You have the authority to enter into this Agreement; and b. The registered domain name or .name email address is your Personal Name.
2.	PROVISION OF REGISTRATION DATA 2.1 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: (i) your full name and postal address, email address, voice telephone number, and fax number, if available; (ii) the IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name; (iii) the full name, postal address, email address, voice telephone number, and fax number, if available, of the technical contact for the domain name; (iv) the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name; (v) the name, postal address, email address, voice telephone number, and fax number, if available, of the billing contact for the domain name. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by Internet Corporation for Assigned Names and Numbers ("ICANN"). 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. 2.2 You hereby represent and warrant the data provided in the registration application is true, correct, up-to-date and complete and that you will continue to keep all of the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or an ICANN policy. The Global Name Registry, Limited ("Registry Operator") may share your personal data with third parties that act as subcontractors to it for the purposes of this Agreement, and you agree that your personal data may be shared with Registry Operator's subcontractors. You also agree that from time to time, Registry Operator may share some of your personal data, such as your address and postcode, with third parties who are conducting, on behalf of Registry Operator, market analysis. 2.3 DOMAIN NAME DISPUTE POLICY If you reserved or registered a .name domain name through us, you agree to be bound by the current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. You hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: a. Eligibility Requirements (the "Eligibility Requirements"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm b. the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm c. the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at http://www.icann.org/dndr/udrp/policy.htm. 2.4 Personal Name domain names and Personal Name email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding. According to the Eligibility Requirements, the following categories of Personal Name Registrations may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name; (iii) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names. 2.5 The ERDRP applies to challenges to (i) registered domain names and email address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations within .name. 2.6 The UDRP applies to complaints by trademark or service mark owners concerning the registration and use of an Internet domain name registered by a Registrant.
3.	DOMAIN NAME DISPUTE POLICY MODIFICATIONS You agree that Registry Operator may modify the dispute policy from time to time. Registry Operator will post any such revised policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name or .name email address after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
4.	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 dispute policy in effect 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 MarkMonitor harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled.
5.	.NAME EMAIL 5.1 The service for which you have registered may, at your option, include .name Email. To the extent you opt to use .name Email, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of .name Email, including the content of messages sent through .name Email. 5.2 You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage. This includes, but is not limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf, as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use .name Email: i. to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material; ii. to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network; iii. to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or iv. for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using .name Email. 5.3 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 .name Email. 5.4 You understand and agree that Registry Operator may delete material that does not conform to clause 5.3 above or that in some other way constitutes a misuse of ,name Email. You further understand and agree that Registry Operator is at liberty to block your access to .name Email if you use .name Email in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the .name Email unless it would damage the reputation of Registry Operator or jeopardize the security of Registry Operator or others to do so. Registry Operator reserves the right to immediately discontinue .name Email without notice if the technical stability of .name Email is threatened in any way, or if you are in breach of this Agreement. On discontinuing .name Email, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party. 5.5 You understand and agree that to the extent Registry Operator is required by law to disclose certain information or material in connection with your .name Email, Registry Operator will do so in accordance with such requirement and without notice to you.
6.	RESERVATION OF RIGHTS MarkMonitor and Registry Operator expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the Registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of MarkMonitor and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees. MarkMonitor and Registry Operator also reserve the right to freeze a domain name during a resolution of a dispute.
7.	LIMITATION OF LIABILITY You agree that Registry Operator will have no liability of any kind for any loss or liability resulting from (i) the processing of registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a .name domain name or .name Email address registration using these processes; or (ii) any dispute over any .name domain name, .name Email address, Defensive Registration or NameWatch Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.
8.	INDEMNIFICATION You agree to indemnify, defend and hold harmless Registry Operator, and its directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your registration and your breach of this Agreement. This indemnification obligation is in addition to the indemnification obligations contained in the Domain Management Terms and will survive the termination or expiration of this Agreement.

II. Terms and Conditions applicable to .name Defensive Registrations

1.	DEFENSIVE REGISTRATIONS 1.1 Defensive Registrations allow owners of trademarks 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 registrant which aims to prevent a third party from registering either (i) any variation of a trademark (a Premium Defensive Registration), or (ii) an exact match of a trademark (a Standard Defensive Registration), which registration will not resolve within the domain name system. 1.2 Please refer to the following URLs for a service description of .name defensive registrations: a. Appendix C Pt 1 B of the agreement between the Internet Corporation for Assigned Names and Numbers ("ICANN") and The Global Name Registry, Limited ("the ICANN Agreement"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appc-1-8aug03.htm#a b. Appendix L of the ICANN Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm c. Section 1.3 of the Registry-Registrar Agreement between Registrar and The Global Name Registry, Limited ("the RRA"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-8aug03.htm 1.3 Anyone may apply and register a Defensive Registration, for any string or combination of strings.
2.	PROVISION OF REGISTRATION DATA 2.1 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. Registry Operator may share such personal data with third parties that act as subcontractors to it for the purpose of this Agreement, and you agree that your personal data may be shared with the Registry Operator's subcontractors. You also agree that from time to time Registry Operator may share some of your personal data, such as your address and postcode, with third parties who are conducting, on behalf of Registry Operator, market analysis. 2.2 In addition to the information provided in subsection (a) above, Phase I Defensive Registrants must also provide (1) the name, in ASCII characters, of the trademark or service mark being registered; (2) the date the registration issued; (3) the country of registration; and (4) the registration number or other comparable identifier used by the registration authority. 2.3 You hereby represent and warrant the data provided in the registration application is true, correct, up-to-date and complete and that you will continue to keep all of the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five (5) calendar days to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the publicly available Whois directory with respect to a Defensive Registration(s) concerning the accuracy of contact details associated with any such Defensive Registration(s) registered by or through you or your account shall constitute a breach of this Agreement.
3.	DOMAIN NAME DISPUTE POLICY If you registered a Defensive Registration, you agree that: (i) the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy ("ERDRP") at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm which is incorporated herein and made an integral part hereof; (ii) if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and (iii) if a challenge is successful, then the Defensive Registration will be subject to the procedures of the ERDRP.
4.	DEFENSIVE REGISTRATION DISPUTE POLICY MODIFICATIONS You agree that Registry Operator may modify the dispute policy. Registry Operator will post any such revised policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the Defensive Registration after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
5.	DEFENSIVE REGISTRATIONS DISPUTES You agree that, if your Defensive Registration is challenged by a third party, you will be subject to theprovisions specified in our Defensive Registration dispute policy in effect at the time of the dispute. You agree that in the event a Defensive Registration dispute arises with any third party, you will indemnify and hold MarkMonitor harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your Defensive Registration, you agree not to make any changes to your Defensive Registration record without our prior approval. We may not allow you to make changes to such Defensive Registration record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your Defensive Registration and use of our domain name registration services that the dispute has been settled.
6.	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 the second level PQR.name, and the third level registrations ANYSTRING.PQR.name and PQR.ANYSTRING.name and their corresponding email addresses), 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 10 days to respond to a request for consent.
7.	RESERVATION OF RIGHTS MarkMonitor and Registry Operator, expressly reserve the right to deny, cancel or transfer any Defensive Registration that it deems necessary, in its discretion, to protect the integrity and stability of the Registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of MarkMonitor and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees. MarkMonitor and Registry Operator also reserve the right to freeze a Defensive Registration during a resolution of a dispute.
8.	LIMITATION OF LIABILITY You agree that Registry Operator will have no liability of any kind for any loss or liability resulting from (i) the processing of Defensive Registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a Defensive Registration using these processes; or (ii) any dispute over any .name domain name, .name email address, Defensive Registration or NameWatch Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.
9.	INDEMNIFICATION You agree to indemnify, defend and hold harmless Registry Operator, and its directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your registration and your breach of this Agreement. This indemnification obligation is in addition to any other indemnification obligations contained in the Domain Management Terms and will survive the termination or expiration of this Agreement.

III. TERMS AND CONTITIONS APPLICABLE TO NAMEWATCH

1.	NAMEWATCH The NameWatch service allows monitoring of all registrations on the .name gTLD. Any registration of a .name, both Domain Names and .name Email, where the trademark/string is included, will trigger notification. This will allow the intellectual property holder early identification of potential threats. The reports, which cover both Domain Names and .name Email, are available daily, weekly or monthly and can significantly increase the trademark holder's protection and follow-up of the trademark; provided that neither The Global Name Registry, Limited ("Registry Operator") nor we provide no guarantee that any potential threats will be identified.
2.	SERVICE DESCRIPTION Please refer to the following URLs for a service description of the .name domain and email forwarding services: A. Appendix C Pt 1 C of the agreement between the Internet Corporation for Assigned Names and Numbers ("the ICANN Agreement"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appc-1-8aug03.htm#a B. Sections 1.3 and 1.8 of the Registry-Registrar Agreement between Registrar and The Global Name Registry, Limited ("the RRA"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-8aug03.htm
3.	PROVISION OF REGISTRATION DATA 3.1 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 provided at the time of registration, including: your full name and postal address, email address, voice telephone number, and fax number, if available. The provision of this data will be instrumental in the provision of the NameWatch service by Registry Operator, as NameWatch reports and requests for updates on registration information will be sent to you by email. You understand that the foregoing registration data may be transferred from one registrar to another or outside of the European Community, such as to the United States, and you expressly consent to such transfer and/or export. 3.2 You hereby represent and warrant the data provided in the registration application is true, correct, up-to-date and complete and that you will continue to keep all of the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the Registry Operator's agreement with the Internet Corporation for Assigned Names and Numbers ("ICANN") or an ICANN Policy. Registry Operator may share your personal data with third parties that act as subcontractors to it for the purposes of this Agreement, and you agree that your personal data may be shared with Registry Operator's subcontractors. You also agree that from time to time, Registry Operator may share some of your personal data, such as your address and postcode, with third parties who are conducting on behalf of Registry Operator, market analysis.
4.	DOMAIN NAME DISPUTE POLICY If you have subscribed for the NameWatch service, to the extent that you dispute any Domain Name or .name Email that is registered with Registry Operator, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: a. the Eligibility Requirements (the "Eligibility Requirements"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm b. the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm c. the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at http://www.icann.org/dndr/udrp/policy.htm. The UDRP applies to complaints by trademark or service mark owners concerning the registration and use of an Internet domain name registered by a Registrant.
5.	DOMAIN NAME DISPUTE POLICY MODIFICATIONS You agree that Registry Operator may modify the dispute policy from time to time. Registry Operator will post any such revised policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your Domain Name or .name Email after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
6.	DOMAIN NAME DISPUTES You agree that, if you challenge a Domain Name or .name Email registered by a third party, you will be subject to the provisions specified in the dispute policy in effect 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 MarkMonitor harmless pursuant to the terms and conditions set forth below in this Agreement.
7.	RESERVATION OF RIGHTS MarkMonitor and Registry Operator expressly reserve the right to deny or cancel any NameWatch subscription that it deems necessary, in its discretion, to protect the integrity and stability of the Registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of MarkMonitor and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees.
8.	DISCLAIMER Registry Operator will make every effort to maintain the completeness and accuracy of any results of the NameWatch, but cannot guarantee that the results are error-free. You understand, therefore, that any reports provided through the NameWatch service are on an "as is" basis without any warranties. BY USING NAMEWATCH REPORTS AND THE INFORMATION CONTAINED HEREIN OR THEREIN, IT IS ACCEPTED THAT REGISTRY OPEATOR IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH, THE REPORT OR THE INFORMATION CONTAINED, NOR OMISSIONS OR MISSING INFORMATION. THE RESULTS OF ANY NAMEWATCH REPORT CANNOT BE RELIED UPON IN CONTEMPLATION OF LEGAL PROCEEDINGS WITHOUT FURTHER VERIFICATION NOR DO SUCH RESULTS CONSTITUTE A LEGAL OPINION. Acceptance of the results of the NameWatch service constitutes acceptance of these terms, conditions and limitations.
9.	LIMITATION OF LIABILITY You agree that Registry Operator will have no liability of any kind for any loss or liability resulting from (i) the processing of NameWatch reports; or (ii) any dispute over any .name Domain Name, .name Email address or Defensive Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.
10.	INDEMNIFICATION You agree to indemnify, defend and hold harmless Registry Operator, and its directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your registration and your breach of this Agreement. This indemnification obligation is in addition to the indemnification obligations under the Domain Management Terms and will survive the termination or expiration of this Agreement.

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EXHIBIT D

US AND KIDS.US TERMS AND CONDITIONS
THE PROVISIONS CONTAINED IN THIS EXHIBIT D ARE SPECIFIC TO THE .US AND KIDS.US REGISTRATION SERVICE (REFERRED TO COLLECTIVELY AS ".US SERVICE"). ANY PROVISION CONTAINED IN THIS EXHIBIT D, WHICH CONFLICTS WITH ANY OTHER PROVISION OF THIS MarkMonitor REGISTRATION SERVICES AGREEMENT SHALL CONTROL, AS IT RELATES TO THE .US SERVICE.

1.	Indemnification You agree to defend, indemnify and hold harmless MarkMonitor and the usTLD Administrator (currently, NeuStar), and its directors, officers, employees representatives, agents, affiliates, stockholders, successors and assigns from and against all claims, suits actions, other proceedings, damages, liabilities, costs and expenses of any kind, including, without limitation, reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) .us domain name registration and (ii) use of any registered .us domain name registration. This indemnification will survive the termination or expiration of the Registration Services Agreement.
2.	Fees MarkMonitor's $5 non-refundable fee for the Pre-Validation Service shall be due immediately and is non-refundable if NeuStar does not select your .us application. In addition, MarkMonitor's registration fees are due and payable prior to submission by MarkMonitor of any request for a .us domain name registration, subject to a refund in the event that the registration is not successful. MarkMonitor, or its agents or subcontractors, may take all remedies to collect fees owed.
3.	Transfers You acknowledge and agree that you will be prohibited from transferring your .us domain name registration during the first sixty (60) days after your initial registration.
4.	Agents You agree that, if your agent (e.g., an attorney, employee, etc.) submits a .us domain name application on your behalf, you are nonetheless bound as a principal by all of the terms of use described herein. Your continued use of the .us Service shall ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he or she is authorized to use the .us Service on your behalf, that he or she is authorized to bind you to these terms and conditions and that he or she has apprised you of these terms and conditions.. In addition, you are responsible for any errors made by your agent. MarkMonitor will not refund fees paid by you or your agent on your in the event that your agent fails to comply with this Agreement, your agent incorrectly provides information in the application form or the .if your agent changes or otherwise modifies your .us application incorrectly. Agent will indemnify and hold harmless MarkMonitor and its officers, directors, employees, agents, affiliates and subcontractors for any claims brought by Owner or Third Parties relating to the use of the .us Service.
5.	Disclaimer of Warranty, Limitation of Liability YOU AGREE THAT YOUR ACCESS TO AND USE OF THE .US SERVICE IS AT YOUR OWN RISK. NEITHER MarkMonitor NOR NEUSTAR NOR EACH OF THEIR PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS WARRANT THAT THE .US SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE .US SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT WITHIN THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION SPECIFICALLY PROVIDED BY MarkMonitor FOR USE DURING THE SUNRISE PERIOD. THE .US SERVICE IS PROVIDED ON AN "AS IS, "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT. IN NO EVENT WILL MarkMonitor NOR NEUSTAR NOR EACH OF THEIR PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT YOUR USE OF OR INABILITY TO ACCESS OR USE THE .US SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY REPRESENT A REASONABLE ALLOCATION OF RISK. IN NO EVENT, SHALL MarkMonitor BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE AMOUNT OF FEES PAID BY YOU FOR THE APPLICABLE SERVICE, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500).
6.	Third Party Beneficiary NeuStar is an intended third party beneficiary of the terms and conditions set forth in this Agreement with rights to enforce this Agreement. You will cooperate in good faith with NeuStar or MarkMonitor in investigating instances of non-compliance with this Agreement, if NeuStar or MarkMonitor believes in good faith that you are not in compliance with this Agreement.
7.	Subcontractors In the course of providing the .us Service, MarkMonitor may retain independent contractors or assign or subcontract to or otherwise have any third party perform any or all of the .us Service at any time.
8.	.us Restrictions Registrations in the .us cc TLD must be in compliance with all of the usTLD nexus requirements (www.neustar.us/policies/docs/ustld_nexus_requirements.pdf), which are incorporated herein by this reference, at the time of registration and throughout the use of the .us domain names. In addition, all .us ccTLD domain names requested during the Sunrise Period must be in compliance with the specific sunrise trademark requirements, which are located at www.neustar.us/register/sunrise/index.html. You agree that your failure to abide by the .US Nexus Requirements shall be a basis of cancellation of your .us domain name. You agree to complete, execute and deliver to MarkMonitor a written copy of the .usTLD Questionnaire demonstrating compliance with the usTLD nexus requirements. MarkMonitor shall have the right to cancel any order for any .us registration in the event such Questionnaire is not received prior to submission to NeuStar.
9.	.us Certification As a .us domain name applicant or registrant, or as an agent for a .us domain name applicant or registrant, you hereby certify, under penalty of perjury that (1) the prospective registrant at the time of registration and throughout its use of the requested .us domain name that has and will have during the term of any .us domain name registration, a bona fide presence in the United States on the basis of real and substantial lawful contacts with, or lawful activities in, the United States of America, in accordance with the .usTLD nexus requirements, (2) all information that is provided to MarkMonitor to confirm the applicant's compliance with these .usTLD nexus requirements is complete and accurate, and (3) any and all trademark information contained in any sunrise application is complete and accurate.
10.	Provision of Registration Data A. 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 (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory and may be sold in bulk in accordance with the agreements MarkMonitor may have with ICANN, NeuStar or any other administrator of the .us ccTLD Registry. B. Inaccurate or Unreliable Data You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful or grossly negligent provision of inaccurate or unreliable information, your willful or grossly negligent failure promptly to update information provided to us, or any failure to respond for over thirty (30) calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact when appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a material breach of this agreement and shall be a basis for cancellation of your .us domain name. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any NeuStar Registry Policy. You acknowledge and agree that MarkMonitor or NeuStar is not required to refund any fees paid by you in the event that your .us registration is cancelled due to enforcement of the provisions of this Exhibit.
11.	Domain Name Dispute Policy If you reserved or registered a .us domain name through us, you agree to be bound by NeuStar's domain name dispute policy that is incorporated herein and made a part of this Agreement by reference, as well as any other dispute policy adopted by the .usTLD administrator during the term of your .us registration. Please take the time to familiarize yourself with these policies. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: (i) The United States Dispute Resolution Policy ("USDRP"), available at www.neustar.us. (ii) The Nexus Dispute Policy ("NDP") , available at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf. The USDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or MarkMonitor over the registration and use of an Internet domain name registered by Registrant.
12.	Compliance with NIST Standards and Domain Name Dispute Policy Modifications You acknowledge that the .operation of the .us registry is subject to any policies, standards, and practices established from time to time by the U.S. Department of Commerce, National Institute of Standards and Technology (or any successor agency or governmental unit charged with ultimate responsibility for the country code top-level domain name for the United States) ("NIST"). You agree to abide by any such NIST policies, standards and procedures adopted by NIST for the .us registry during the term of any .us domain name registration awarded to you. You agree that we, in our sole discretion, may modify our dispute policy in accordance with modifications made by NeuStar. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
13.	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 our dispute policy in effect 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 us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
14.	Reservation of Rights MarkMonitor AND THE .US REGISTRY OPERATOR, NEUSTAR EXPRESSLY RESERVE THE RIGHT TO DENY, CANCEL OR TRANSFER ANY REGISTRATION THAT IT DEEMS NECESSARY, IN ITS DISCRETION, (1) TO PROTECT THE INTEGRITY AND STABILITY OF THE REGISTRY; (2) TO COMPLY WITH ANY APPLICABLE LAWS, GOVERNMENT RULES OR REQUIREMENTS, REQUESTS OF LAW ENFORCEMENT, IN COMPLIANCE WITH ANY DISPUTE RESOLUTION PROCESS; (3) TO AVOID ANY LIABILITY, CIVIL OR CRIMINAL, ON THE PART OF MarkMonitor AND/OR NEUSTAR, INC, AS WELL AS, THEIR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS AND EMPLOYEES; (4) FOR VIOLATIONS OF THIS AGREEMENT, OR (5) TO CORRECT MISTAKES MADE BY NEUSTAR OR ANY REGISTRAR IN CONNECTION WITH A DOMAIN NAME REGISTRATION. MarkMonitor AND NEUSTAR ALSO RESERVE THE RIGHT TO FREEZE A DOMAIN NAME DURING RESOLUTION OF A DISPUTE.
15.	Content Policy Registrant shall comply with the kids.us Content Policy, including but not limited to, the prohibitions onhyperlinks and two-way and multi-user interactive services.

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EXHIBIT E

CCTLD TERMS AND CONDITIONS THE PROVISIONS CONTAINED IN THIS EXHIBIT E ARE SPECIFIC TO THE ANY ccTLDs ORDERED (REFERRED TO COLLECTIVELY AS "ccTLD SERVICE"). EXCEPT FOR ANY EXHIBIT APPLICABLE TO A SPECIFIC ccTLD, ANY PROVISION CONTAINED IN THIS EXHIBIT E, WHICH CONFLICTS WITH ANY OTHER PROVISION OF THIS MarkMonitor REGISTRATION SERVICES AGREEMENT SHALL CONTROL, AS IT RELATES TO THE ccTLD SERVICE.

1.	Prices MarkMonitor's ccTLD prices are quoted at the time an order is placed. Such prices are subject to change from time to time by MarkMonitor.
2.	Registrar Transfers You understand and acknowledge that the fees charged by MarkMonitor for a transfer of registrar or management may not include an extension of the ccTLD registration period and additional fees will apply for any ccTLD renewals.
3.	Additional Documentation Required You acknowledge that ccTLD Services frequently require additional documentation from time to time to facilitate the processing of any ccTLD Service. You agree that you will cooperate with MarkMonitor to provide such additional documentation as needed to process your ccTLD request.
4.	Delays in processing ccTLD Services Because many ccTLD registries do not have automated registration services, the processing of certain ccTLD requests may involve a manual process, which inevitably causes delays in completion of the work by MarkMonitor. You acknowledge that some ccTLD requests may take several months to complete and that, in some circumstances, you may not qualify under the applicable rules of the applicable ccTLD Registry Operator for the requested ccTLD registration.
5.	ccTLD Registry Operator Policies Your registration of any ccTLD is subject to the policies established and subsequently revised by the ccTLD Registry Operators. Links to the respective ccTLD policies that are currently available are set forth at the respective ccTLD websites as described on Attachment E-1 hereto. You agree to be bound by and comply with all applicable ccTLD registry policies for any ccTLDs managed by MarkMonitor, as such policies may be modified from time to time by the respective Registry Operators.
6.	Billing Contact You acknowledge and agree that, in order to complete the transfer of a registered ccTLD to MarkMonitor, it may be necessary for MarkMonitor to serve as the billing contact for such ccTLD. Upon submission of a request to transfer a pending ccTLD registration, MarkMonitor is authorized to modify the billing information as appropriate to reflect MarkMonitor's current billing information.
7.	Local Presence Services MarkMonitor has contracted with third parties to provide local contacts, and where appropriate, local presence services for its customers in an effort to assist its customers to qualify for certain ccTLDs. MarkMonitor 's services shall not be construed as including legal or tax advice with respect to the registration and management of any of your ccTLDS managed through MarkMonitor. You are advised to seek international legal and tax advice pertaining to the utilization of any such local presence and local contact services. In some cases, utilization of local presence services may require that the WHOIS record for such ccTLD indicate that the local agent is the owner of such domain name. By agreeing to utilize any such local presence or contact services, you agree that: (a) MarkMonitor is authorized to contract with the third party provider on your behalf, and (b) MarkMonitor is granted the limited right and license to register the requested ccTLD domain name in the name of its third party provider, where appropriate. MarkMonitor SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM ANY USE, ERRORS, DELAYS OR OMISSIONS RELATED TO THE CCTLD SERVICES, INCLUDING WITHOUT LIMITATION, ANY ERRORS IN TRANSLATION OR ANY FAILURES TO QUALIFY FOR THE APPLICABLE CCTLD UNDER ITS RESPECTIVE RULES.

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EXHIBIT F

Nominet.uk TERMS AND CONDITIONS
THE PROVISIONS CONTAINED IN THIS EXHIBIT F ARE SPECIFIC TO THE Nominet.uk SERVICE. ANY PROVISION CONTAINED IN THIS EXHIBIT F, WHICH CONFLICTS WITH ANY OTHER PROVISION OF THIS AGREEMENT SHALL CONTROL, AS IT RELATES TO THE Nominet.uk SERVICE. WARNING: by registering a domain name within the .uk Top Level Domain (a "Domain Name"), you enter into a contract of registration with Nominet UK ("We", "Our" or "Us") on the following terms and conditions. This is a separate contract to any arrangement you may have with any third party for the provision of internet services.

By registering a domain name, you agree to the publication of your name and address as part of the public WHOIS database service. If you are a Consumer, and you do not wish your address to be published, please see our web site at http://www.nominet.org.uk for more information on the Consumer opt out. Nominet is the Registry for all internet Domain Names ending in .uk and provides a public service for the .uk namespace on behalf of the Internet community. You can find out more information about Nominet from our web site at http://www.nominet.org.uk. Nominet is a not - for - profit company limited by guarantee which is performing services on a cost recovery basis. This is why we consider it reasonable to limit our liability in certain respects so that we may continue to offer our services in the interests of the whole internet community. This Contract includes our current Rules For The .uk Domain And Sub-Domains ("Rules") and the Policy and Procedure for our Domain Name Dispute Resolution Service ("Policy" and "Procedure" as appropriate). Copies of the Policy, Procedure and Rules are at http://www.nominet.org.uk/drs.html or can be obtained from us. You may have registered a Domain Name through a third party (usually, but not always, your internet service provider). In these terms and conditions, the term "Agent" means such a third party.

1.	What we will do 1.1 We will process your application to register a Domain Name and consider whether or not to accept it in accordance with the criteria laid down in the Rules; 1.2 If your application is accepted, we will inform you or your Agent. If your application is rejected, we will inform you or your Agent as soon as reasonably practicable and return to you or your Agent (as appropriate) any payments received 1.3 Unless the current Rules of the relevant sub-domain state to the contrary, we will register Domain Names on a first come, first served basis. Until we accept your application, there is no guarantee that the Domain Name you applied for will be entered in the Register as such. We therefore recommend that you do not take any action in respect of a Domain Name until you have received confirmation from us that your application has been accepted. 1.4 After your application has been accepted, we will enter the Domain Name and other relevant details (namely the data described in clause 6 below, together with details of your Agent, if any) in the Domain Name register database for the requested second level of the .uk top level domain (the "Register"). 1.5 We will use the information in the Register entry for the Domain Name to enable the resolution of requests for the Domain Name, by pointing to the authoritative name servers listed in the Register Entry for the Domain Name. For further information about the technical requirements for registering a Domain Name, please contact your Agent. 1.6 After your application has been accepted and we have received your registration fee, we will issue you with a registration certificate and a reply form. 1.7 Subject to clause 8 below, we will transfer your Domain Name and update the Register accordingly on receipt of correctly completed transfer documentation from you and any relevant transfer fee applicable at the time of transfer. We will not transfer a Domain Name whilst it is the subject of legal proceedings or proceedings under our Dispute Resolution Service. 1.8 Please note that subject to clauses 8.5 and 8.6 we will not refund any fees after your Domain Name and details have been entered in the Register. 1.9 Subject to clauses 8.7 and 8.8 below, we will only make changes to the details contained on the Register (other than the registrant field), if we receive instructions and approval from you or your Agent. 1.10 Subject to clauses 8.7 and 8.8, we shall only alter the details contained in the "registrant" field of the Register if we receive authorization directly from you.
2.	What you must do 2.1 You must ensure that we receive the registration or renewal fee within one month after the issue of our invoice. For the avoidance of doubt, if you use an Agent it will be your responsibility to ensure that the Agent has paid the registration or renewal fee to us within one month of the issue of our invoice. 2.2 You must sign and return to us the reply form which we will send to you after registration or renewal as appropriate. 2.3 You must inform us promptly of any change in your registered details, and those of your Agent if applicable. It will be your responsibility to maintain and update any details you submit to us and to ensure that your details are up to date, and accurate. In particular, it is your responsibility directly or by your Agent to ensure that we have your full and correct postal address. 2.4 You must promptly inform us of any court proceedings brought in respect of the Domain Name. 2.5 Any name server listed in the Register entry for the Domain Name must respond authoritatively to requests for the Domain Name at all reasonable times.
3.	Renewal of your Domain Name Registration 3.1 The registration period is two years from the date of entry into the Register of your Domain Name registration. Provided you pay us your renewal fee and subject to clause 8 below, you will have the right to renew the Domain Name registration by entering into a new Contract with us for further periods of two years. 3.2 Subject to clause 3.3 below, when the Domain Name registration falls due for renewal, we will contact your Agent (at the Agent's address appearing in the Register) to request payment of the relevant renewal fee. 3.3 If no Agent is listed on the Register entry for the Domain Name, or if the Register entry for the Domain Name indicates that you wish to be invoiced direct, we will request payment of the relevant renewal fee direct from you at the registrant address appearing in the Register. 3.4 If we fail to receive the renewal fee within thirty (30) days of our making a request for the renewal fee, we will suspend your registration for at least 6 weeks and if we do not receive payment within the suspension period we will cancel your registration without further notice to you. During any period of suspension, we will not point to any name servers listed in the Register entry for the Domain Name, and you will be unable to use or transfer the Domain Name.
4.	Exclusions and Limitations of Liability 4.1 Nominet does not carry out any investigation as to whether you are entitled to register or have any rights in the Domain Name. By registering the Domain Name we are not acknowledging that you have any rights in the name comprised in the Domain Name, and we are not authorising you to use the Domain Name in the course of trade. 4.2 Nothing in these terms and conditions limits or excludes our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation. 4.3 We shall not be liable to you whether in contract, tort (including negligence) or otherwise for: 4.3.1 any loss of profit, revenue or other type of economic loss (whether direct or indirect); 4.3.2 loss of business or contracts; 4.3.3 loss of anticipated savings or goodwill; or 4.3.4 any losses which a court holds to be consequential, or indirect losses; arising out of or in connection with the Contract, including but not limited to: 4.3.5 any error or omission in entries to the Register; and </