Registration Agreement

DOMAIN NAME REGISTRATION AGREEMENT

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of WEBMASTERS.COM's domain name registration services to register an Internet domain name, as well as your registration of that domain name. For purposes of this agreement, the term "Registrar" shall be construed to mean WEBMASTERS.COM and NetTuner Corporation, its parent company. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying policies and procedures listed under "Policy And Fees" at http://www.webmasters.com/domains/policy.htm and any rules or policies that are or may be published by Registrar from time to time. This Agreement will become effective when accepted by Registrar. Registrar may elect to accept or reject your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.

1. Fees

As consideration for the domain name registration services provided by Registrar to you, you agree to pay Registrar, prior to the effectiveness of the desired domain name registration, the amounts set forth under "Policy And Fees" at http://www.webmasters.com/domains/policy.htm for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance as determined by Registrar in its sole discretion).

You will be notified when renewal fees are due. Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge you accordingly.

2. Dispute Policy

You agree to be bound by Registrar's Domain Dispute Resolution Policy ("Dispute Policy"), which is hereby incorporated and made a part of this Agreement by reference. This Dispute Policy can be found in its entirety at http://www.webmasters.com/domains/dispute.htm. Certain disputes, as specified in the Dispute Policy, are subject to that Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by a third party, in the event such dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold Registrar harmless pursuant to the terms and conditions contained in the Dispute Policy.

3. Changes to Registration Agreement and Dispute Policy

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

4. Domain Name Registration Information and Its Use

a. Information You Are Required to Submit. As part of the registration process, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. The information you are obligated to provide in connection with the domain name you are registering is the following:

i. Your name and postal address (or if different, that of the domain name holder);

ii. The domain name being registered;

iii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative contact for the domain name; and

iv. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name.

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

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

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

i. The original creation date of the registration;

ii. The submission date and time of the registration application to us and by us to the proper registry;

iii. Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;

iv. Records of account for your domain name registration, including dates and amounts of all payments and refunds;

v. The IP addresses of the primary nameserver and any secondary nameservers for the domain name;

vi. The corresponding names of those nameservers;

vii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name;

viii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name;

ix. The expiration date of the registration;

x. Information regarding all other activity between you and us regarding your domain name registration and related services.

c. Obligations Relating to Provided Data. In the event that, in registering the domain name, you are providing information about a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

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

d. Disclosure and Use of Registration Information. You agree and acknowledge that Registrar will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that Registrar may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws.

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

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

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

Registrar will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

5. Ownership of Data.

You agree and acknowledge that Registrar owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. Registrar does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.

6. Agents and Licenses

You agree that, if you are registering a domain name 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 agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.

7. Limitation of Liability

YOU AGREE THAT WEBMASTERS.COM WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (f) EVENTS BEYOND REGISTRAR'S REASONABLE CONTROL; (g) THE PROCESSING OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE POLICY. REGISTRAR ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTRAR'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, 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 EXTENT PERMITTED BY LAW.

8. Indemnification of WEBMASTERS.COM

You agree to defend, indemnify and hold harmless Registrar for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the registration or use of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Dispute Policy.

9. Representations and Warranties

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

ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, REGISTRAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

10. Breach and Revocation

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

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

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

11. Governing Law

Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Florida, as if the Agreement was a contract wholly entered into and wholly performed within the State of Florida. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the Registrar's site shall be brought exclusively in the United States District Court for the District of Florida, or if there is no jurisdiction in such court, then in a state court in Hillsborough County, Florida.

12. Notices

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

13. General

This Agreement and the Dispute Policy, together with all modifications, constitute the complete and exclusive agreement between you and Registrar, and supersede and govern all prior proposals, agreements, or other communications.

Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Registrar to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Registrar of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Policy shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Policy unenforceable or invalid as a whole. Registrar 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 Registrar as reflected in the original provision.
This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of WEBMASTERS.COM.

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