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SERVICE AGREEMENT TERMS AND CONDITIONS
DOMAIN REGISTRATION AGREEMENT

GENERAL SERVICES
This Service Agreement ("Agreement") applies to the purchase from uplinkearth and its affiliates (collectively, "uplinkearth") of all services selected by Customer on the Order Form and the Domain Name Registration Form, as applicable, (collectively, the "Services"); provided, however, if Customer is also ordering colocation and/or web site production services, Customer is also required to sign the agreements specific to those services. uplinkearth reserves the right to modify its network and facilities used to provide the Services for purposes any reason, including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. uplinkearth shall use reasonable efforts to notify Customer of any planned changes to uplinkearth's network or facilities that may adversely affect the Services provided hereunder. This agreement does not apply to customers which resell uplinkearth services. Such resellers must sign the uplinkearth Reseller Agreement.

TERM AND CANCELLATION POLICY
This Agreement shall commence on the date of uplinkearth's acceptance hereof and continue for a term which corresponds to the payment option specified by Customer on the Order Form or Domain Name Registration Form, as applicable (the "Initial Term"). This Agreement will be automatically renewed for a similar term at the end of the Initial Term or any renewal there of not less than five (5) days prior to the end of the then current term (a) customer notifies uplinkearth in writing that it elects a different payment option and thereafter the new payment option shall control the term or (b) either party provides written notice to the other of its election to terminate this Agreement at the end of the then current term. If Customer cancels any services it shall remain obligated to pay all fees due therefore for the remaining portions of the current term, and if uplinkearth has purchased any equipment on behalf of Customer, including but not limited to circuits and/or routers, Customer shall assume responsibility for the payments for such equipment. In the case of credit card orders, all termination requests should be signed by Customer's primary contact person on the account who must provide the last four digits of the credit card on file with uplinkearth. uplinkearth shall not be liable for unauthorized termination of an account. Any termination by uplinkearth or Customer shall not relieve Customer of its obligation to pay fees incurred prior to such termination. uplinkearth reserves the right to terminate this Agreement without cause prior to the end of the term upon thirty (30) days written notice to Customer.

30 DAY MONEY BACK GUARANTEE - Virtual Server Solutions only
If at any time during the first 30 days of hosting, starting on the day the order was initially accepted the customer notifies uplinkearth that it is dissatisfied with uplinkearth's hosting services and wants uplinkearth to terminate such hosting services, uplinkearth will forthwith terminate its hosting services and will refund 100% of all Hosting fees paid by the customer to uplinkearth. This "fee" refund does not include; setup, domain name registration, excessive bandwidth, and/or termination fee.

All refunds will be made to the credit card the initial charge was made on. To obtain a refund please visit https://cpanel.uplinkearth.com/cancel and log in with your uplinkearth username and password to complete your cancellation request. Then follow the directions provided.

BILLING AND PAYMENT
Pricing: During the term of this Agreement, Customer shall pay the fees for the Services that are set forth on the Order Form and Domain Name Registration Form, as applicable. All fees are due in advance. Such fees may include taxes, fees or assessments by governmental agencies and uplinkearth shall have the right, at any time, to pass through and invoice to Customer any new or increased taxes, fees, assessments or other charges imposed on or required to be collected by uplinkearth by any governmental agency.

Discontinued Hosting Plans: Hosting plans purchased prior to 6/1/02 will remain at the same pricing and options as is. Said plans upgraded, downgraded or modified will be re-allocated to match current offering of that plan. Additional services or resources cannot be added to grand fathered hosting plans that exceed the current offering's allocation.

Terms Of Payment: Invoices are due and payable upon receipt. All payments shall be made in U.S. currency.

Service Continuation After Initial Term: The fees set forth in the Order Form or Domain Name Registration Form are guaranteed during the Initial Term of this Agreement. If Customer continues to receive the Services after the Initial Term without entering into a new agreement or agreement extension, the fees charged after the Initial Term shall be at the then standard uplinkearth rates for such services.

Service Charge: Customer will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever is lower) per month or portion thereof on the outstanding balance of any invoice.

Credit Card Chargebacks: Any chargeback received will result in immediate suspension of the account. An administrative fee of $35.00 will be assed to any account that requires activation after a chargeback has been processed.

Billing Methods: Credit cards are the only acceptable payment method. A valid credit card must remain on file with every hosting account.

Plan Changes: There is no fee for upgrading any plan. A downgrade of any plan will incurr a fee of $9.95.

Removal of Domains: Domains removed from the control panel will not remove billing and or options associated with the domain. It is solely the responsibility of the client to request said options are also removed.

Urchin Statistics: We do not guarantee the integrity or accuracy of Urchin reporting software and offer no facility for monitoring the integrity or accuracy of Urchin reporting software. It is the customer’s responsibility to monitor the integrity/accuracy of his or her own Urchin reporting software installation. The maximum refund we can offer for any Urchin services related issue is 60 days.

Suspension Or Interruption Of Service For Non-Payment: In the event Customer does not pay its account when due, uplinkearth may, in its sole discretion, suspend, interrupt or disconnect the Services. In the event of such suspension, interruption or disconnection, Customer may be required to post a deposit or such other security, as uplinkearth deems necessary in order to resume receiving the Services. Suspension of website services occurs 5 days after original bill date. Suspension of email services occurs 10 days after original bill date. Account cancellation including the complete removal of customer files/data stored in this account and in our system, will be removed 45 days from the renewal date.

ACCEPTABLE USES
Customer shall at all times adhere to the uplinkearth Acceptable Use Policy located at http://www.uplinkearth.com/acceptableUse.cfm, as amended from time to time by uplinkearth effective upon posting of the revised policy at the URL. Notwithstanding anything to the contrary contained herein, uplinkearth may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by Customer of the uplinkearth Acceptable Use Policy. In the event uplinkearth takes corrective action due to a violation of the uplinkearth Acceptable Use Policy, uplinkearth shall not refund to Customer any fees paid in advance of such corrective action.

IP ADDRESS OWNERSHIP
uplinkearth shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by uplinkearth and uplinkearth reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

CACHING
Customer expressly (i) grants to uplinkearth a license to cache the entirety of Customer's Web Site, including content supplied by third parties, hosted by uplinkearth under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer intellectual property rights or any third party's intellectual property rights.

ICMP SCANS
ICMP scans of the network represents a security risk as well as reduces network performance. uplinkearth limits ICMP Ping traffic to one target IP to allow customers to verify network speed and to verify network connectivity if they so desire. This IP address is subject to change from time to time.

BANDWIDTH AND/OR DISK USAGE
Customer agrees that bandwidth and/or disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. uplinkearth shall monitor the Customer's usage. If bandwidth or disk usage exceeds the agreed upon number of megabytes per month, uplinkearth, in its sole discretion, may assess additional standard charges, disconnect or discontinue any and all Services, or terminate this Agreement. In the event that uplinkearth elects to take such action, Customer shall not be entitled to a refund of any fees paid in advance of such corrective action.

EQUIPMENT
uplinkearth is acting only as a reseller and/or provider of any hardware, software, circuit and equipment (collectively, the "Equipment") offered under this Agreement. All equipment will be manufactured by a third party. uplinkearth shall not be responsible for any changes in Service(s) that cause Equipment to become obsolete, require modification or alteration, or otherwise effect the performance of the Service(s). Any malfunction or manufacturer's defects of Equipment either sold or provided by uplinkearth to Customer or purchased directly by Customer used in connection with the Service(s) will not be deemed a breach of uplinkearth's obligations under this Agreement. Any rights or remedies Customer may have regarding the performance or compliance of Equipment are limited to those rights extended to Customer by the manufacturer of such Equipment. Customer is entitled to use any Equipment supplied by uplinkearth only in connection with Customer permitted use of the Service(s). Customer shall not resell, transfer, export or re-export any Equipment, or any technical data derived there from, in violation of any applicable United States or foreign law.

DISCLAIMER OF WARRANTY
Customer acknowledges and agrees that uplinkearth exercises no control over, and accepts no responsibility for, the content of the information passing through uplinkearth's host computers, network hubs and points of presence (the "uplinkearth Network") or the Internet. NEITHER uplinkearth, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT uplinkearth PROVIDES. NEITHER uplinkearth, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE REPRESENT OR WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. uplinkearth IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CLIENTELE VIA THE SERVICE(S) PROVIDED BY uplinkearth.

INDEMNIFICATION
Customer will indemnify, save harmless, and defend uplinkearth and all directors, officers, employees, and agents of uplinkearth (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to the use of the Services by Customer, including, but not limited to, any violation of the uplinkearth Acceptable Use Policy. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

LIMITATION OF LIABILITY
IN NO EVENT SHALL uplinkearth BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF uplinkearth HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will uplinkearth's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by Customer for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to Customer. In such jurisdictions, uplinkearth's liability (and the liability of its directors, officers, employees, affiliates, agents, content providers and service providers) shall be limited to the greatest extent permitted by applicable law.

FORCE MAJEURE
uplinkearth shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

INTELLECTUAL PROPERTY
Customer represents and warrants that Customer's use of the Services shall not infringe the intellectual property or other proprietary rights of uplinkearth or any third party. Customer further acknowledges that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of uplinkearth (collectively, "uplinkearth Intellectual Property") is vested in uplinkearth and/or in uplinkearth's licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the uplinkearth Intellectual Property. Customer may not copy, modify or translate the uplinkearth Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the uplinkearth Intellectual Property, or use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, Customer is not authorized to distribute or to authorize others to distribute the uplinkearth Intellectual Property in any manner without the prior written consent of uplinkearth; provided, however, that nothing in this sentence would preclude Customer from using the uplinkearth Intellectual Property as incorporated in the Services. This paragraph shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which Customer may now have or hereafter acquires in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to Customer.

CONFIDENTIAL INFORMATION
Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information and communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of the other party ("Confidential Information"). Except as provided in uplinkearth's Acceptable Use Policy (AUP), each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information only to the extent necessary for legitimate business uses in connection with this Agreement. Upon request of either party or on termination or expiration of this Agreement, each party shall return the Confidential Information of the other party then in its possession. Nothing in this Agreement shall prohibit or limit either party's use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in receiving party's possession, as evidenced by receiving party's records; (c) is disclosed to the receiving party without confidential or proprietary restriction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed by the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose provided by the disclosing party; or (f) is required by law to be disclosed. Customer further agrees and acknowledges that uplinkearth may disclose Customer account information in accordance with uplinkearth's AUP and Privacy Policy, located at http://www.uplinkearth.com, as amended from time to time by uplinkearth effective upon posting of the revised policy at the URL.

CUSTOMER DATA. Customer is responsible for its content residing on uplinkearth servers, and except as otherwise agreed with uplinkearth, for the backup thereof.

SERVICES

DOMAIN NAME REGISTRATION
  1. Bulk Register Services. uplinkearth has entered into an agreement with an accredited domain name Bulk Register, Bulk Register (Bulk Registers) ("Bulk Register") to provide Customer with domain name registration services, for any requests by Customer to uplinkearth to register an Internet domain name. As consideration for the domain name registration services provided by Bulk Register to Customer, on behalf of uplinkearth, Customer agrees to pay uplinkearth, prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the uplinkearth price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. uplinkearth reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until uplinkearth has received actual payment of the registration fee, and has confirmed Customer's registration in an email from uplinkearth to the email address indicated in Customer's registration application.
  2. Cancellation; Reinstatement. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by uplinkearth) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to uplinkearth as the paying entity for that registration to the registry and that uplinkearth reserves all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. uplinkearth will reinstate Customer's domain name registration solely at uplinkearth's discretion, and subject to receipt of the initial registration or renewal fee and the then-current reinstatement fee.
  3. Renewal. Customer will be notified when renewal fees are due. Should these fees go unpaid Customer's registration will be cancelled. Payment must be made by credit card or such other method as uplinkearth may indicate in the registration application or renewal form. uplinkearth will renew Customer's name for Customer provided Customer's credit card or other billing information is available and up to date, unless Customer instructs uplinkearth otherwise within the time specified.
  4. Transfer. Customer will be responsible for all costs and fees associated with the registration of Customer's domain name including, but not limited to, all costs and fees for moving or transferring such domain name. Under no circumstances shall uplinkearth be responsible for this cost.
  5. Use of Personal Information; Updated Information. Bulk Register and/or uplinkearth will collect certain personal information (including, without limitation, contact information such as name, address, email address and telephone number) ("Personal Information") from Customer during the registration process. Customer agrees and acknowledges that Bulk Register will share Personal Information that Customer provide (or that is gathered about Customer during the registration process, including, for example, Customer's primary domain name server and the like), or that Bulk Register or uplinkearth otherwise maintains, with one another, with the Internet Corporation for Assigned Names and Numbers ("ICANN"), with registry administrator(s), and with other third parties as ICANN and applicable laws and/or policy may require or permit. Customer further agrees and acknowledges that Bulk Register and/or uplinkearth shall be permitted (and in some cases may be required) to make publicly available, or directly available to third party vendors, some, or all, of the Personal Information or domain name registration information Customer provides, 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. Customer may access Customer's Personal Information and/or domain name registration information in Bulk Register's or uplinkearth's possession to review, modify or update such information, through a uplinkearth information maintenance interface ("uplinkearth Interface") that is accessible on the uplinkearth website. We will not process data about any identified or identifiable natural person that we obtain from Customer in a way incompatible with the purposes and other limitations which we describe in this Agreement. Bulk Register will take reasonable precautions to protect the information it obtains from Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction. Customer hereby irrevocably waives any and all claims and causes of action Customer may have arising from such disclosure or use of Customer's Personal Information and/or domain name registration information by Bulk Register or uplinkearth.
  6. ICANN Guidelines. Additionally, Customer acknowledges that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that Bulk Register or uplinkearth may or must make available to the public or to private entities, and the manner in which such information is made available. Customer hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Customer in connection with the registration of a domain name (including any updates to such information), whether during or after the term of Customer's registration of the domain name.
  7. Third Party Data. In the event that, in registering the domain name, Customer is providing information about a third party, Customer hereby represents that Customer has (1) provided notice to that third party of the disclosure and use of the party's information as set forth in this Agreement, and (2) that Customer has obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
  8. Accuracy of Data. Customer acknowledges 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 Customer's domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether Customer may have violated the trademark rights of another party in registering a domain name confusingly similar to such party's trademark.) Customer further agrees that Customer's failure to respond for over fifteen (15) calendar days to inquiries by Bulk Register and/or uplinkearth concerning the accuracy of contact details associated with Customer's registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration.
  9. Third-Party Proprietary Rights: uplinkearth makes no representations concerning and does not guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer agrees to be bound by the terms of the Domain Name Registration Agreement, Domain Name Dispute Policy which is posted at http://www.icann.org/udrp, and related agreements that Customer will be asked to review and indicate Customer's acceptance of during the domain name registration process.
  10. Welcome Page. Customer consents to uplinkearth's activation ("parking") of the registered domain name on a "Welcome Page" containing a notice, "Welcome to my Future Website." Such "Welcome Page" indicates that uplinkearth registered the domain name, and links to uplinkearth websites. This "Welcome Page" may be replaced by the Customer when the Customer contracts for web hosting and posts Customer's own content.


HOST MOVE SERVICES
Customer acknowledges that the HostMove services are being provided by and are solely the responsibility of Advantage1 Web Services, Inc. Any issues with regard to move services are solely the responsibility of and should be directed to Advantage1 Web Services, Inc at 877-618-2125 or local 803-984-0511, 197 Mill Pond Rd., Lake Wylie, SC 29710.

MISCELLANEOUS
GOVERNING LAW AND JURY TRIAL WAIVER. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. The parties hereto specifically waive any right they may have to a trial by jury in any action hereunder.

ENFORCEMENT OF AGREEMENT
In the event it is necessary for uplinkearth to enforce its rights under this agreement, Customer agrees to pay all fees incurred by uplinkearth (including, but not limited to, attorney's fees and collection agency fees)

AMENDMENT OR WAIVER
Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of Customer and an officer of uplinkearth. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

ASSIGNMENT AND SEVERABILITY
This Agreement shall be binding upon and inure to the benefit of Customer, uplinkearth and their respective successors, and assigns. Customer may not assign this Agreement without the prior written consent of uplinkearth, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

NOTICES
All notices to Customer hereunder shall be given at the Billing Address provided on the signature page hereto. All notices to uplinkearth hereunder shall be given to:

uplinkearth
Attention: Legal Department
265 Davidson Ave
Suite 127
Somerset, NJ 08873
Facsimile: 732-875-1253


Any notice hereunder shall be in writing and shall be given by registered, certified or Express mail, or reliable overnight courier addressed to the addresses in this Agreement, or by confirmed e-mail or facsimile. Notice shall be deemed to be given upon the earlier of actual receipt or five (5) days after it has been sent, properly addressed and with postage prepaid.

ENTIRE AGREEMENT
This Agreement, and any other document or agreements specifically identified in this Agreement, supercedes all previous representations, understandings or agreements and represent the entire agreement between the parties hereto.

ACCEPTANCE OF SERVICES
ACTIVATION OF SERVICE SHALL INDICATE uplinkearth'S ACCEPTANCE OF THIS AGREEMENT. USE OF THE uplinkearth NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT BY THE CUSTOMER. CUSTOMER represents and warrants that Customer has full authority and right to enter into this Agreement. Customer further represents and warrants that Customer is at least 18 years of age.





BULKREGISTER.COM, INC.
REGISTRATION AGREEMENT 3.0

This Registration Agreement 3.0 ("Agreement") sets forth the terms and conditions agreed to between you and BulkRegister.com, a Maryland corporation (the "Registrar", "we" or "us"), relating to the registration of one or more Second Level Domain name(s) ("SLD name(s)") ending in the .com, .net, .org or .biz Top Level Domains. We are a registrar accredited by the Internet Corporation for Assigned Names and Numbers ("ICANN") pursuant to an accreditation agreement between us and ICANN ("ICANN Agreement"). By registering any SLD name with us on or after July 16, 2001 (whether directly or through your agent, or as an agent for another person or entity), you agree, for yourself and, if acting as an agent, on behalf of your principal, to be bound by the terms and conditions of this Registration Agreement 3.0 with respect to all SLD names registered with us, including those SLD names previously registered with us under prior versions of our Registration Agreement.

To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies of general applicability that are or may be posted by us on our website from time to time. You acknowledge that we may modify this Agreement to the extent necessary to comply with applicable law or the ICANN Agreement, any ICANN Consensus Policy or code of conduct or other policies adopted or requirements imposed by ICANN or the administrator of the Registry, currently Verisign, Inc. for .com, .net, .org, Neulevel, Inc. for .biz, and Afilias, Inc. for .info - (the "Registry Administrator"), as in effect from time to time (collectively referred to as "ICANN/Registry Policy").

1. Fees.

As consideration for the SLD name registration services provided by us, you agree to pay all initial registration fees and applicable renewal fees with respect to each SLD name registered in US Dollars at the time of registration or renewal. If you do not pay any initial fees or renewal fees when due or your credit card charge is not accepted for any reason within three (3) business days after any initial fee is due or within ten business days after any renewal fee is due, or in the event of any chargeback of any payment at any time, we will have the right to immediately cancel all SLD names for which payment was not received, without further notice. In the case of renewals, we will send an e-mail to the address of the billing contact then set forth in the WhoIS directory with respect to the SLD name eligible for renewal, and it shall be your responsibility to ensure that all such fees are paid prior to the expiration of the term of registration of each SLD name you wish to renew. You agree that we shall have no liability whatsoever with respect to any such cancellation. We reserve the right to adjust our registration and renewal fees prospectively upon fifteen (15) calendar days prior notice.

2. Term; Registration Period.

The term of this Agreement, as in effect from time to time, will extend through and continue in force at any time during which you have any SLD name registered through us. At your discretion, we will register each SLD name for a period of one (1) to ten (10) years for .com, .net and .org or for a period of two (2) to ten (10) years for .biz from the initial registration date or, if applicable, the previous registration date for such SLD name.

3. SLD Name Dispute Policy.

You agree to be bound by our Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference, as in effect from time to time. The Dispute Policy can be found at http://www.bulkregister.com/disputepolicy.phtml. Any disputes regarding the right to use your SLD name will be subject to the Dispute Policy. We may modify the Dispute Policy in our sole discretion at any time in accordance with the ICANN Agreement or any ICANN/Registry Policy. Your continued use of our registration services after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your SLD name be cancelled or transferred to another registrar. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your SLD name is challenged by a third party, including but not limited to (i) any applicable restrictions on your ability to change registrars with respect to an SLD name subject to a dispute or to transfer an SLD name subject to a dispute to a new holder; and (ii) our ability to cancel any such transfers while a dispute is pending. While any dispute or litigation is pending, we may not allow you to make changes to such SLD 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 SLD name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our SLD name registration services, we may deposit control of your SLD name record into the registry of the judicial body by supplying a party with a registrar certificate from us. No refunds will be provided for names deleted or transferred pursuant to this section. You agree that at such time as we receive a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the cancellation, suspension, transfer or modification of any SLD name registration, we shall have the right in our sole discretion to cancel, suspend (e.g. registrar lock or hold), transfer or otherwise modify any SLD name registration(s).

4. Registration Data.

4.1. 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 SLD 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 SLD name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the SLD name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the SLD name; and (viii) any remark concerning the registered SLD 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.

4.2. Inaccurate or Unreliable Data. 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 then appearing in the Whois directory with respect to an SLD name concerning the accuracy of contact details associated with any registration(s) or the registration of any SLD 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 SLD name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.

4.3. Use of Registration Data. You acknowledge that we will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN or the Registry may impose guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities. You may request a copy of your information in our possession to review, modify or update such information by contacting us by e-mail at support@bulkregister.com. We agree that we will not process any Personal Data collected from you, if any, in a way that is incompatible with the purposes and other limitations set forth in this Agreement. We agree that we will take reasonable precautions to protect Personal Data collected, if any, from loss, misuse, unauthorized access or disclosure, alteration or destruction.

4.4. Disclosure of Use of Data. If you engage in the reselling of SLD name(s), you covenant, represent and warrant that you have provided, or will provide, to any third party individuals whose Personal Data you have obtained, the same information about use of those details as are set out in this Section 4 or as may be reasonably required by us pursuant to any ICANN/Registry Policy now or hereafter adopted, and that the third parties individually have consented, or will consent, to use of their personal data.

5. License of SLD Names.

If you license use of an SLD name to a third party, you remain the holder of record, and you acknowledge that you remain responsible for providing and updating your own full contact information and for providing and updating accurate technical, administrative, and billing contact and other information in accordance with this Agreement. If you license use of an SLD name, you shall accept liability for harm caused by wrongful use of the SLD name, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm.

6. Change of SLD Holder; Reselling Activities. The provisions of this Section 6 shall apply to you unless you have entered into a separate Registration Services Agreement, in which case the Registration Services Agreement shall apply to you.

6.1. Change of SLD Holder Procedure. If you transfer any SLD name, you agree to abide by the policies and procedures relating to transfer of SLD names as may be adopted by us and as in effect from time to time, which policies and procedures may require, among other things, the submission of hard-copy record of transfer of ownership, the submission of information concerning the transferor and transferee and the transfer, including but not limited to the information described in Section 4 of this Agreement with respect to the transferee, and may impose reasonable information collection and recordkeeping obligations on you. Such policy and procedure may require you upon such transfer to relinquish all control over the SLD name transferred.

6.2. Required and Prohibited Reselling Practices. You agree to inform any person or entity registering an SLD name with us through you or your account (each your "Customer" and collectively, your "Customers") that they are registering their SLD name through us, an ICANN accredited registrar. You shall not represent, directly or by implication, that you are a registrar or have direct or superior access to the Registry or that you are a registrar or accredited or otherwise affiliated with ICANN, and you agree not to employ or display the ICANN mark or logo on your web site or any materials used by you in your business.

6.3. Recordkeeping Requirements. You agree to obtain evidence of each Customer's assent to the then current Registration Agreement electronically (e.g. by "click") or by hardcopy signature, and to retain for a period of three (3) years evidence of such assent. You may require Customers using your services to agree to additional terms and conditions, provided that such terms and conditions do not conflict in any manner with the provisions of the Registration Agreement or any ICANN Policy.

6.4. Customer Support; Registration Data and Updating Requirements. You agree to provide adequate customer service, billing and technical support for your Customers, and to make modifications and updates to registration data relating to your Customers' SLD names so that our database contains accurate, current and reliable registration data with respect to your Customers' SLD names. You understand and acknowledge that your failure to make any modifications to any information with respect to your Customer's SLD name(s) in accordance with the written instructions of such Customer(s) within ten (10) business days after delivery of such written instructions, or the making of any modifications to any Customer's registration data which have not been authorized by such Customer in writing or by e-mail, shall constitute a breach of this Agreement. You agree to retain copies of all communications and other correspondence between you and Customer relating to the registration of SLD names with us and to provide us with the same upon request. Your willful provision of inaccurate or unreliable information concerning your Customer's SLD name(s), or your willful failure to promptly update or correct your Customer's registration data, or your failure to respond to our or any of your Customer's inquiries or requests concerning the accuracy or content of any registration data for over ten (10) business days shall constitute a breach of this Agreement.

7. Policies Regarding Use of Our Services.

7.1. Suspension, Cancellation or Transfer of SLD Name. You agree that your ability to use our registration services is subject to termination or suspension, and your ability to register or modify any particular SLD name is subject to suspension, cancellation, or transfer (i) at any time pursuant to any ICANN/Registry Policy now in effect or hereafter adopted, (ii) to correct mistakes by us, another accredited registrar or the Registry in registering SLD name(s), including but not limited to the correction of erroneous or inadvertent deletions of SLD names, or in connection with the resolution of disputes in accordance with the Dispute Policy, or (iii) in the event of any breach of any representation, warranty, agreement or other provision of this Agreement, upon e-mail notice of such breach and the expiration of a fifteen (15) calendar day cure period.

7.2. Limitations on Use of Services. You agree not to use our services or website or permit any person or entity through you to use our services or website for (i) the transmission of unsolicited, commercial e-mail (spam); or (ii) high volume, automated, electronic processes that apply to the Registry for large numbers of SLD names, except as reasonably necessary to register SLD names or modify existing registrations; or (iii) high volume, automated, electronic, repetitive queries except as reasonably necessary to register SLD names or modify existing registrations.

8. Use of Agents. You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he, she or it is authorized to apply for our services on your behalf, that he, she or it is authorized to bind you to the terms and conditions of this Agreement and that he, she or it has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund fees paid by you or your agent on your behalf for any reason, including, but not limited to, in the event that your agent fails to comply with the terms and conditions of this Agreement, your agent incorrectly provides information in the application process or if your agent changes or otherwise modifies your SLD name record incorrectly.

9. SLD Name Transfers Between Sponsoring Registrars. You agree that you may change sponsoring registrars for any existing SLD name only in accordance with ICANN/Registry Policy and further agree that you may not change sponsoring registrars with respect to any SLD name for a period of sixty (60) calendar days after registration of such SLD name with us. In connection with any transfer by you of SLD name(s) from one registrar (the "Losing Registrar") to us:

9.1. You represent and warrant that (i) you are either the SLD Holder, the administrative contact or the technical contact with respect to the SLD name(s) being transferred; and (ii) if transferring an SLD name on behalf of a Customer, you have been granted the authority by such Customer to effect each such transfer.

9.2. To initiate a transfer of sponsoring registrars from a Losing Registrar to us, you shall notify us of the SLD name(s) you wish to transfer to us and we will, upon receipt of such transfer request, forward to you a Confirmation of Transfer. You agree to confirm the accuracy of the Confirmation of Transfer and assent to the Confirmation of Transfer before being permitted to continue.

9.3. We will effect the proposed transfer of sponsoring registrars from the Losing Registrar only after the following conditions have been met:

(i) We have received evidence of your assent to the Confirmation of Transfer and all transfer fees associated with the transfer(s) have been paid in full; and

(ii) If the transfer involves an SLD name held by an SLD Holder other than you and we have notified such SLD Holder via the Administrative Contact of the proposed transfer and provided such Administrative Contact with a period of time to confirm or object to such transfer, not to exceed 10 business days, such waiting period shall have expired or the express consent of such Administrative Contact shall have been obtained.

9.4. You agree and understand that we will effect the registration using the registration data on file with the Losing Registrar immediately prior to transfer, and understand that we may, at our discretion, limit your ability to make post-transfer changes to registration data for a reasonable period of time following transfer, not to exceed 15 business days.

9.5. When we make a request to the Losing Registrar (via the Registry) to transfer an SLD name registration to us from the Losing Registrar, you agree to pay us the applicable fee(s) as then in effect with respect to such transfer and agree to comply with the Verisign Change in Registrar Policy.

The Following Paragraphs(10 through 13) Apply to .Biz Domain Registrations

10. 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:

(a) To exchange goods, services, or property of any kind; (b) In the ordinary course of trade or business; or (c) To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) 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.

11. BIZ CERTIFICATION. As a .biz domain name registrant, you hereby certify to the best of your knowledge that:

(a) The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) 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.com/countdown/registrationRestrictions.html

(b) The domain name registrant has the authority to enter into the registration agreement; and

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

12. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz domain name through us, 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:

(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/stop.html; and

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

The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name ("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 a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.

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

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

13. RESERVATION OF RIGHTS. BulkRegister.com 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 BulkRegister.com and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. BulkRegister.com and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

The Following Paragraphs(14 through 17) Apply to .INFO Domain Registrations

14. Registrant consents to the use, copying, distribution, publication, modification, and other processing of Registered Domain Name Holder's Personal Data by Afilias, the .INFO Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract.

15. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification.

16. Registrant acknowledges that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.

17. Registrar and Afilias, the registry operator for .INFO, 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 Registrar and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and Afilias also reserve the right to freeze a domain name during resolution of a dispute

18. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES.

18.1. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY ACT OR OMISSION OF YOU OR YOUR AGENT (WHETHER AUTHORIZED OR UNATHORIZED) (a) ANY LOSS OF REGISTRATION OF ANY SLD NAME, (b) THE USE OF YOUR SLD NAME OR PASSWORD, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND US; (e) EVENTS BEYOND OUR CONTROL; (f) THE PROCESSING OF ANY SLD NAME REGISTRATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR SLD NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, WE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR REGISTRATION OF THE SLD NAME IN CONTROVERSY DURING THE PRIOR ONE (1) YEAR PERIOD. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18.2 DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SOFTWARE OR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SOFTWARE OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR WEBSITE WILL BE CORRECTED. WE DO NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR SOFTWARE OR WEBSITE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

19. Indemnity.

You agree to defend, indemnify and hold us harmless and any applicable SLD name registry, and the shareholders, directors, officers, employees, affiliates and agents of us and them, from and against any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action, proceeding, suit or demand arising out of or related to (i) any SLD name registered by you or the transfer or use thereof, (ii) any dispute concerning an SLD name, (iii) your breach (or the breach by any of your officers, agents, employees or other representatives) of any agreement contained in this Agreement, or (iv) any cancellation, suspension (e.g. registrar lock or hold) or transfer of any SLD name in accordance with this Agreement. This indemnification is in addition to any indemnification required under the Dispute Policy.

20. Representations and Warranties.

You represent and warrant that all information provided by you in connection with your registration is complete and accurate. You represent and warrant each time you register an SLD name that, to the best of your knowledge and belief, neither the registration of the SLD name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. In applying for an SLD name, you represent and warrant that the registration is not made in bad faith and that the name does not conflict with another SLD name. We make no representation or warranties of any kind in connection with this Agreement. Specifically but without limitation, we do not represent or warrant that registration of your SLD name will immunize you from challenges to your SLD name. We are not bound by nor should you rely on any representation or warranty made by any agent, representative or employee of any third party that you may use to apply for our services.

21. Breach and Revocation; Notice of Cancellation, Etc.

Except as otherwise specified in this Agreement, any breach by you of this Agreement or the Dispute Policy must be remedied by you within five (5) business days following e-mail notice by us to you. Such notice shall be deemed delivered when sent to the e-mail address then on record for your administrative contact in the Whois directory. If you fail to cure the breach within such cure period, we may terminate this Agreement, cancel your registration of the SLD name(s), transfer such SLD names to another person or entity and/or seek any remedy available at law or in equity including but not limited to obtaining an injunction or specific performance. Our remedies shall not be deemed exclusive and effecting any one or more of the foregoing remedies shall not be deemed an election of remedies. Except as otherwise specified in this Agreement, notice of revocations, suspensions, transfers, or cancellations of your SLD name(s) by us pursuant to this section will be provided to you within five (5) business days following the taking of such action.

22. Cancellation During Preliminary 30 Day Period; Right of Refusal to Register.

Pursuant to ICANN/NSI Registry Policy, we reserve the right to refuse to register any SLD name(s), or to cancel, transfer or suspend any SLD name(s) registered with us within the first thirty (30) calendar days following receipt of your payment for such registration(s). In the event we do not register an SLD name or we cancel or transfer an SLD name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) with respect to such SLD name which you have paid to us. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register any SLD name(s) or the cancellation or transfer of any SLD name(s).

23. Governing Law; Jurisdiction; Waiver of Trial by Jury.

THIS AGREEMENT AND ALL RIGHTS HEREUNDER SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO SUCH STATE'S POLICIES RELATING TO CONFLICT OF LAWS. ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT OR TO YOUR OR YOUR AGENT'S USE OF OUR SERVICES SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF MARYLTHE DISTRICT OF MARYLAND (NORTHERN DIVISION) LOCATED IN BALTIMORE, MARYLAND. FOR THE ADJUDICATION OF DISPUTES CONCERNING OR ARISING FROM THIS AGREEMENT OR THE USE OF ANY SLD NAME(S), YOU AGREE TO SUBMIT, WITHOUT PREJUDICE TO OTHER POTENTIALLY APPLICABLE JURISDICTIONS, TO THE JURISDICTION OF THE COURTS (I) OF YOUR DOMICILE, AND (II) OF MARYLAND, USA, OR THE U.S. DISTRICT COURT FOR THE DISTRICT OF MARYLAND (NORTHERN DIVISION) LOCATED IN BALTIMORE, MARYLAND. YOU WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH PROCEEDING.

24. Notices.

Except as otherwise specifically stated herein, you agree that all notices from us to you shall be delivered by posting such notices on our website and shall be deemed delivered and effective fifteen (15) calendar days after such posting. Notices from you to us shall be by e-mail to our appropriate e-mail address as specified on our website, and shall be deemed delivered when received by e-mail, or notices shall be in writing by first class mail to BulkRegister.com, Inc., 10 East Baltimore Street Suite 1500, Baltimore, MD 21202, and shall be deemed delivered five days after deposit in the U.S. mail. The foregoing notwithstanding, you understand and agree that any e-mails received by us from any e-mail address provided to us or set forth as a contact address (whether billing, technical or administrative) with respect to your SLD name shall be deemed to have been sent by you or your duly authorized agent having the actual and apparent authority to act to bind you. We intend to rely on any such correspondence.

25. General.

This Agreement, our fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior or concurrent proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us. Our failure to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement, but such provision shall be automatically amended and replaced with a provision that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. No provision of this Agreement, including our fee schedule and the Dispute Policy, may be amended or modified by you except by means of a written document signed by us. We may modify this Agreement at any time by posting such modification(s) on our website. Such modifications will become effective 15 calendar days after posting. Your continued use of our registration services after such modification(s) become(s) effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your SLD name(s) be cancelled or transferred to another registrar. This Agreement shall not confer any benefits upon any person or entity other than you and BulkRegister.com, and shall not be construed to create any obligation by BulkRegister.com to any non-party.