International Domain Terms

This Domain Name Services Agreement (as it may be amended from time to time in accordance with Section 3, and including the Schedules attached hereto, this "Agreement"), by and between you ("you", "your" or "Customer") and BulkRegister, LLC, a Maryland limited liability company ("BulkRegister" or "BR"), sets forth the terms and conditions of your use of any services offered by BR and ordered by you from time to time (collectively, the "Services").

BulkRegister is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") and offers various Internet domain name Services to its customers. This Agreement explains BR's obligations to you, and your obligations to BR, with respect to the Services. In order to purchase any of the Services, you must complete the registration process on the BulkRegister Website and become a BulkRegister member, and you must agree to the terms and conditions of this Agreement. When you or someone else you have permitted uses, modifies or cancels the Services on your behalf (even if BR was not notified of such authorization), or requests or purchases additional Services under your account, this Agreement covers any such Services or actions.

Sections 1 through 17 of this Agreement apply to any and all Services provided by BulkRegister. The additional terms and conditions set forth in Schedules A through I and the Annexes thereto apply only to customers who have requested or obtained the Services referenced in those Schedules. The term of this Agreement will extend through and continue in force at any time during which you have any domain names registered through BR or are using any of BR's other Services.

By clicking on the "I ACCEPT" button at the end of this Agreement, you acknowledge and agree that you have read, understood and consented to be bound by all of the terms and conditions of this Agreement, including additional terms and conditions set forth on the Schedules and Annexes to this Agreement and in agreements and policies linked to this Agreement and incorporated herein by reference, as well as any additional rules or policies that are or may be established by BulkRegister and published on the BulkRegister Website from time to time.

1. Fees, Term and Renewals, Changes.

a. Fees. As consideration for the Services provided by BulkRegister, you agree to pay BulkRegister the applicable Services fees set forth on the BulkRegister Website at the time you request the Services from BulkRegister. All fees are due immediately and are non-refundable, except as otherwise expressly noted in one or more Sections of this Agreement or on the applicable fee schedule for a particular Service on the BulkRegister Website. Additional payment terms may apply to various Services, as set forth in this Agreement. You agree to pay or reimburse BulkRegister for all value added, sales, use and other taxes (other than taxes based on BulkRegister's income) related to the Services provided to you hereunder. All payments of fees for the Services provided by BR shall be made in U.S. dollars and may be made by credit card, personal check or wire transfer. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less. If any fees or other amounts due BulkRegister hereunder are not paid when due, Customer agrees to pay BulkRegister's cost of collection (including reasonable attorneys' fees and expenses). In the event of a charge back by a credit card company (or similar action by another payment provider allowed by BR), the dishonoring of a check or other non-payment by you in connection with the applicable Service fee for a domain name registration, you acknowledge and agree that you relinquish any rights to the domain name registration for which such fees have not been paid. In addition, non-payment of a renewal fee within five (5) days after a second renewal reminder notice may result in cancellation of your registration. BR reserves all rights regarding any cancelled domain name registration including, without limitation, the right to make the domain name registration available to other parties for purchase. BR will reinstate any such domain name registration solely at BR's discretion, subject to its availability and BR's receipt of the applicable registration or renewal fee and then-current reinstatement fee, currently set at $150.00 and, if applicable, a chargeback fee of $25.00 per charged back item or dishonored check.

b. Term and Renewals. Unless otherwise specified herein, each BulkRegister Service is for a one-year initial term (or in the case of domain name registrations, such longer term as may be required by a particular registry administrator) and is renewable thereafter for renewal terms as specified in the applicable addendum hereto or the registration materials for such Service on the BulkRegister Website. Any renewal of Services is subject to BR's then-current terms and conditions, including, but not limited to, payment of all applicable Service fees at the time of renewal and, in the case of renewal of a domain name registration, the registry administrator's acceptance of such renewal. With respect to domain name registrations and other Services to which you subscribe on a periodic or per unit basis, BR will attempt to provide you with a renewal reminder at least fifteen (15) days in advance of the renewal date for your Services. In the case of domain name registrations, BulkRegister will attempt to provide this reminder by email to the Member, administrative contact and billing contact on file for a particular domain name registration. The renewal of annual memberships does not require a reminder notice, and your account will automatically be charged a membership renewal fee on an annual basis unless you provide BR with notice of cancellation of your membership at least fifteen (15) days prior to the renewal date for your membership.

c. Changes. Regardless of whether you are enrolled in BR's automatic renewal program, you are solely responsible for the payment information, administrative contact and billing contact information you provide to BR, and you acknowledge and agree that you will promptly inform BR of any changes thereto (e.g., change of credit card expiration date or account number). ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM. BulkRegister reserves the right to change registration and other Service fees, surcharges or renewal fees, or to institute new fees at any time, for any reason, in its sole discretion, without prior notice to you.

2. Member Handle and Password.

The first time you apply to use BulkRegister's Services, you will be assigned a Member handle (User name) and asked to select a password. That Member handle and password are the means through which you access certain of the Services. You acknowledge and agree that it is your responsibility to safeguard the Member handle and password you select from any unauthorized use. IN NO EVENT WILL BULKREGISTER BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR MEMBER HANDLE OR PASSWORD.

3. Changes to this Agreement or to Additional Rules or Policies.

You acknowledge that the Internet domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that BulkRegister may modify this Agreement, and may revise or institute any additional rules or policies at any time, as BR deems reasonably necessary to comply with changes in law, BulkRegister's Registrar Accreditation Agreement with ICANN, or any other agreement that BulkRegister is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that BulkRegister may: (1) revise the terms and conditions of this Agreement; (2) modify existing or institute new rules or policies; and/or (3) change some or all of the Services provided under this Agreement at any time. Any such revision or change will be binding and effective fifteen (15) days after posting of the revised Agreement or change to rules or policies or Services on the BulkRegister Website, or upon transmission to you at the e-mail address or postal address (by United States mail) provided by you as the Member contact. Your (or your customer's, if you are a reseller) continued use of any domain name registered through or Service offered by BR shall constitute your acceptance of any modifications to this Agreement or to the rules or policies that are or may be published on the BulkRegister Website. 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 acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and BulkRegister's sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by BulkRegister. No employee, contractor, agent or representative of BulkRegister or its subsidiaries is authorized to alter or amend the terms and conditions of this Agreement except by means of a written document signed by you and an authorized officer of BulkRegister.

4. Information and Its Use .

You hereby acknowledge and agree that, in connection with your use of the Services, and the use of such Services by the registrant if the Member is a reseller, you are required to provide certain information and to promptly correct and update this information as needed to keep it current, complete and accurate. In addition to such other information that BulkRegister may require you to provide in order to obtain the Services, BulkRegister requires that you submit and keep up to date the following information with respect to the Member and, if different, the registrant in connection with BulkRegister's domain name registration, administration and renewal Services:

a. Domain Name Registration, Administration and Renewal Services. The information you are obligated to provide and keep current in connection with your use of BulkRegister's domain name registration, administration and renewal Services is the following:
i. The 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, of the Member and, if different, the registrant of each domain name registered under your Member account;
ii. The domain name being registered; and
iii. 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.

b. Additional Information Maintained. In addition to the information you provide, BulkRegister maintains records relating to any domain name application received by BulkRegister, as well as any domain name registered through, administered, or renewed by BulkRegister. BulkRegister also maintains records relating to other Services that BulkRegister provides to you. These records may include, but are not limited to:
i. The original creation date of a domain name registration, renewal or request for service;
ii. The submission date and time of a registration or renewal application to BR and by BR to the proper registry;
iii. Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and BR;
iv. Records of your account, 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, email address, voice telephone number, and where available, fax number of the zone contact for a domain name;
viii. The expiration date of a domain name registration;
ix. Information regarding all other activity between you and BR regarding your use of the Services; and
x. Other applicable information required by the registry administrator or operator for the particular domain name registration.
You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN's Registry Policy and may be sold in bulk in accordance with ICANN's terms and conditions and policies.

c. Accurate Data. In the event that (i) in applying for the registration of a domain name you are providing information about a third party (including the registrant if you are a reseller), 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) 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 and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a breach of this Agreement that will be sufficient basis for cancellation or seizing of your domain name registration. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by BulkRegister concerning the accuracy of your member and/or registrant contact information associated with your domain name registration including, without limitation, if you are unreachable because your supplied Member telephone number or email address is incorrect, shall constitute a breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. BulkRegister will charge a $50.00 fee to reinstate any domain name registration seized as a result of inaccurate or invalid WHOIS data. BulkRegister does not guarantee that any seized domain name registration will be available for reinstatement. Without limiting your obligations under this Section of this Agreement, you agree that BulkRegister (itself or through its third party service providers) is authorized, but not obligated, to use certain address or billing correction services to update and/or to change any address or billing information associated with your account (including, without limitation, registrant address, billing contact address and credit card information), and you agree that BulkRegister may use and rely upon any such changed information for all purposes in connection with your account (including the sending of renewal notices or invoices or for automatic renewal charges) as though such changes had been made directly by you.

d. Disclosure and Use of Information. You acknowledge and agree that BR may make available information you provide or that BR otherwise maintains to such public or private third parties as applicable laws require or permit. You further acknowledge and agree that BR 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 BR's WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws. One of the ways that BR may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with BR. 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), whether during or after the term of your registration of a domain name or other Services. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use by BR of information provided by you. BR will not process data about any identified or identifiable natural person ("Personal Data") that BR obtains from you in a way incompatible with the purposes and other limitations which BR describes in this Agreement. BR will take reasonable precautions to protect the Personal Data it obtains from you from BR's loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. BR will have no liability to you or any third party to the extent such reasonable precautions are taken.

5. Ownership of Data.

You acknowledge and agree that BR owns all database, compilation, collective and similar rights, title and interests worldwide in BR's domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to BR a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in BR's 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: (a) the original creation date of a domain name registration; (b) the expiration date of a domain name registration; (c) 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; (d) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database; and (e) any other information BR generates or obtains in connection with the provision of the Services. BR does not have any ownership interest in your specific personal registration information or other information other than BR's rights in BR's domain name database, as set forth in this Section.

6. Transfers; Agents; Licenses and Reselling.

a. Transfers and Licenses. You agree that you may not transfer a domain name registration to another domain name registrar during the first sixty (60) days from the effective date of the initial domain name registration of such domain name with BR. After that time, you may transfer your domain name registration to a third party domain name registrar of your choice, subject to BR's then-current policies and procedures incorporated herein by reference. 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 BR's then-current 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) the registrant's 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 agree to 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.

b. Reselling Activities. The provisions of this Section 6(b) shall apply to you and your activities as a reseller unless you have entered into a separate Reseller Agreement with BR, in which case the terms and conditions of such Reseller Agreement shall apply to you.

i. Change of Domain Name Holder Procedure. If you transfer any domain name registered with BR, you agree to abide by the policies and procedures relating to transfer of domain names as may be adopted by BR 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 record keeping obligations on you. Such policy and procedure may require you upon such transfer to relinquish all control over the domain name transferred.

ii. Required and Prohibited Reselling Practices. You agree to inform any person or entity registering a domain name with BR through you or your account (each your "customer" and collectively, your "customers") that they are registering their second level and/or third level domain name through BulkRegister, an ICANN accredited registrar. You will not represent, directly or by implication, that you are a registrar or have direct or superior access to the Registry or that you are accredited or otherwise affiliated with ICANN, and you agree not to employ or display any ICANN marks or logos on your website or any materials used by you in your business.

iii. Record keeping Requirements. You agree to obtain evidence of each of your customers' assent to BR's then current version of this Agreement electronically (e.g., by "click") or by hardcopy signature, and to retain for a period of a minimum 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 are not inconsistent or do not conflict in any manner with the provisions of this Agreement or any ICANN Policy.

iv. 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' domain names so that BR's database contains accurate, current and reliable registration data with respect to your customers' domain names. You understand and acknowledge that your failure to make any modifications to any information with respect to your customer's domain name(s) in accordance with the written instructions of such customer within five (5) 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 your customer relating to the registration of domain names with BR and to provide BR with the same upon request. Your willful provision of inaccurate or unreliable information concerning your customer's domain name(s), or your willful failure to promptly update or correct your customer's registration data, or your failure to respond to BR's or any of your customer's inquiries or requests concerning the accuracy or content of any registration data for over fifteen (15) days shall constitute a breach of this Agreement.

7. System Performance Degradation.

BulkRegister depends on its own and third party, including registry administrators', computer systems to operate the domain name registration process, and to provide timely information to BulkRegister's customer service team. Occasionally, these computer systems are subjected to exceptional volumes of incoming service requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of system processing and response time. Regardless of the reason, in those instances when there is system performance degradation, BulkRegister reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high volume traffic. BulkRegister will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. BulkRegister further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.

8. Limitation of Liability.

YOU AGREE THAT BULKREGISTER WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATIONS OR RENEWALS), (b) USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES), (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE BULKREGISTER WEBSITE OR THE WEBSITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR (OR YOUR CUSTOMER'S) NAME, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND BULKREGISTER'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. BULKREGISTER ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF BULKREGISTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BULKREGISTER'S MAXIMUM AGGREGATE LIABILITY EXCEED THE LESSER OF THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES AND 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, BULKREGISTER'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Indemnification.

You agree to indemnify, defend and hold harmless BulkRegister and its officers, directors, employees, affiliates including Verisign Inc., and agents, from any loss, damages, liability, costs or expenses, including reasonable attorneys' and other fees, resulting from or arising in connection with any claim, action, proceeding or demand related to (i) your use of the BulkRegister Website and the Services, including, but not limited to, your application for, registration and use of, renewal of or failure to register or renew a particular domain name registered in your name, (ii) your use of any domain name registration, and (iii) your breach of any representation, warranty, covenant or agreement in this Agreement. This indemnification is in addition to any indemnification required under the Uniform Domain Name Dispute Policy ("UDRP") or any similar policy. You additionally agree to indemnify, defend and hold harmless any registry administrator or operator that operates or administers an applicable gTLD or ccTLD Registry (as such terms are defined in Schedule A hereto), and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration and use of, renewal of, or failure to register or renew, a particular domain name.

10. Representations and Warranties; Disclaimer.

In addition to representations and warranties in other Sections of this Agreement, you represent that, to the best of your knowledge and belief, neither the registration of the domain name you have applied for nor the manner in which it is intended to be or 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 use of the Services is accurate, complete and current. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT ALL OF THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER BULKREGISTER NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES BULKREGISTER OR ITS LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. EXCEPT FOR BULKREGISTER'S STATEMENT REGARDING BULKREGISTER'S ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR, BULKREGISTER EXPRESSLY DISCLAIMS ALL, AND MAKES NO, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE BULKREGISTER WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT ANY LIMITATION TO THE FOREGOING, BULKREGISTER 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.

11. Suspension, Cancellation, Transfer or Modification of Services.

You acknowledge and agree that BulkRegister may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in BulkRegister's sole discretion. Without limiting the foregoing, BulkRegister may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration (a) to correct mistakes made by BulkRegister, another registrar, or the applicable registry administrator, (b) to resolve a dispute related to that domain name, (c) within thirty (30) calendar days of the creation date of that domain name registration, (d) if you breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within ten (10) days of notice by BulkRegister, (e) if you use the domain name registered to you to send unsolicited commercial advertisements in contradiction of either applicable laws or customary acceptable usage policies of the Internet, or (f) if you use a 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 BulkRegister) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that BulkRegister shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as BulkRegister receives (x) a properly authenticated notification from a court of competent jurisdiction, or (y) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.

12. Governing Law, Jurisdiction and Venue.

Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Maryland, as if this Agreement was a contract wholly entered into and wholly performed within the State of Maryland. Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration, any action to enforce this Agreement or any matter relating to your use of the BulkRegister Website shall be brought exclusively in federal court in the United States District Court for the District of Maryland, or if there is no federal jurisdiction in such court, then in state court in the Circuit Court for Baltimore City, Maryland. 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 BulkRegister's headquarters are located, currently Baltimore, Maryland.

13. Notices .

Subject to the terms of Section 3 of this Agreement, you agree that, unless other instructions are posted on the BulkRegister Website, any notices required to be given under this Agreement will be deemed to have been given (i) to you, if delivered by email or fax, via telephone or posted on the BulkRegister Website or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service, to the administrative contact in accordance with the most current contact information you have provided to BulkRegister, and (ii) to BulkRegister, if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service, to the contact information for BulkRegister posted on the BulkRegister Website, and BulkRegister acknowledges receipt of such notice by fax or email to you. All notices shall be effective upon receipt, except that with respect to email and fax notices, receipt may be evidenced by a copy of a sent email or a successful transmission report, respectively. You are responsible to ensure that any email notices from BulkRegister are not filtered by any unsolicited email "spam" filters that may be installed on or used by your email system or computer network.

14. Conflicts with other Agreements.

In the event of any conflict between this Agreement and the terms and conditions governing your use of any Services provided by BulkRegister's third party service providers or any registry administrator, the terms and conditions of this Agreement shall govern as it relates to any rights and remedies as between you and BulkRegister.

15. Force Majeure.

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this Section (i) shall have given the other party notice thereof promptly and, in any event, within ten (10) days of the occurrence of the force majeure event and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided, further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, BulkRegister may immediately terminate this Agreement and shall have no liability with respect thereto.

16. Survival.

In the event this Agreement terminates for any reason, Sections 1, 3 and 5 through 17 shall survive such termination.

17. General.

You agree and acknowledge that any acceptance of your application for the Services and the performance thereof will occur at BulkRegister's offices in Baltimore, Maryland, the location of BR's principal place of business. Except as otherwise set forth herein, your rights under this Agreement are neither assignable nor transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at BR's option. You acknowledge and agree that, to the extent necessary, it is your responsibility (and the responsibility of the registrant if you are a reseller) to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone or cable and Internet service provider fees associated with such connection. This Agreement, together with any additional BulkRegister rules and policies published on the BulkRegister Website, and all modifications thereto, constitutes the complete and exclusive agreement between you and BulkRegister concerning use of the Services, and supersedes and governs all prior proposals, agreements, or other communications between us. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Except as expressly stated herein, this Agreement shall not be construed to create any obligation by BulkRegister to any non-party to this Agreement. The failure of BulkRegister 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 BulkRegister of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, but such provision shall be automatically replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of BulkRegister as reflected in the original provision. The section and schedule headings appearing in this Agreement are inserted only as a matter of convenience and in no way limit, construe or describe the scope or extent of or in any way affect the interpretation of such section or schedule. THE PARTIES HEREBY WAIVE ANY RIGHT TO JURY TRIAL WITH RESPECT TO ANY ACTION BROUGHT IN CONNECTION WITH THIS AGREEMENT. THE APPLICATION OF THE UNITED NATIONS CONVENTION OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.


SCHEDULE A TO SERVICES AGREEMENT
GENERAL TERMS APPLICABLE TO REGISTRATION, RENEWAL AND TRANSFER OF DOMAIN NAMES

1. gTLD Registration, Administration and Renewal.

BulkRegister is an accredited registrar with ICANN for various generic top-level domain names, including .com, .net, .org, .biz, .info, .name and .pro ("gTLDs"). See Schedules B through E for additional terms and conditions with respect to various gTLDs.

2. ccTLD Registration, Administration and Renewal.

In addition to registering and renewing gTLDs, BulkRegister also registers and renews various country code top level domains ("ccTLDs"). The registry administrator or operator for each ccTLD varies by individual country code. 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 these registry administrators or operators for their respective registries only. (Click to see Schedule F and Annex A thereto for additional terms and conditions with respect to ccTLDs.)

3. No Guarantee of Registration or Renewal.

As a domain name registrar, BulkRegister is, upon accepting your application to register or renew a domain name, your sponsor for that application. No domain name registrations shall be deemed effective unless and until BR delivers the domain name registration or renewal application you provide BR to the appropriate registry administrator, as applicable, and that registry administrator accepts your application and activates your domain name registration or renewal. You acknowledge and agree that BulkRegister does not guarantee that you will be able to register or renew a desired domain name, even if BR's systems indicate that domain name is available. You also understand that BulkRegister cannot know with certainty whether or not the domain name which you are seeking to register 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 or other registry databases. You also acknowledge and agree that BulkRegister is not responsible for any inaccuracies or errors in the domain name registration or renewal process. You are solely responsible for making sure that your registration or renewal has been properly processed. You further acknowledge and agree that BulkRegister, or the applicable registry administrator or operator, may elect to accept or reject your application for registration or renewal for any reason in its sole discretion, including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that BulkRegister is not liable or responsible in any way for any errors, omissions or any other actions by any third party, including any registry administrator, arising out of or related to your application for and registration of, renewal of, or failure to register or renew, a particular domain name. You also agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name.

4. Your Representations.

By applying to register a domain name, or by asking BR to maintain or renew a domain name registration, you hereby represent and warrant to BR that (a) the statements that you made in connection with such registration, maintenance or renewal are complete and accurate; (b) the registration of the domain name will not conflict with, infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name in bad faith or for an unlawful purpose, including, without limitation, tortious interference with contractual relationships, unfair competition, injuring the reputation of another, or for the purpose of confusing or misleading visitors to a website; and (d) you will not use the domain name in violation of any applicable laws or regulations or BulkRegister's rules or policies. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights.

5. Domain Name Registrant.

BulkRegister considers the person or entity controlling the Member handle and password for a particular domain name registration (referred to as the authorization code, or "auth" or "AUTH INFO" code by various registry operators) to be the registrant of that domain name, unless the Member supplies specific information regarding the registrant and the registrant accepts this Agreement. In any event, the Member is the agent of any other person using the domain name, with full authority to act on such person's behalf with respect to the domain name registration or any other Services obtained from BulkRegister, including, but not limited to, the authority to terminate, transfer (where permitted by this Agreement), or modify such Services, or obtain additional Services.

6. Automatic Renewal of Domain Name Registrations.

All domain names registered with or transferred to BulkRegister may be set to automatically renew for your convenience and to help to prevent unwanted deletion of a registration. The automatic renewal Service will attempt to renew your specified domain names on the renewal date for a one year term (or such longer term as may be required by a particular registry administrator) by charging the most recent credit card on file with BR or your account the then-current retail price for such renewal seven (7) days before the expiration date. The automatic renewal Service is provided as a convenience for you but in no way guarantees a desired renewal. It is your obligation to affirmatively renew any desired domain name. In addition, BulkRegister has no obligation to attempt to renew your domain name if your most recent credit card on file with BR for your account is not accepted according to BulkRegister's payment processing systems. BULKREGISTER SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW A DOMAIN NAME AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement. You also acknowledge and agree that if you want BulkRegister's automatic renewal Service to apply to your registrations, you must affirmatively opt in to this automatic renewal Service (either with respect to a particular domain name registration or all of your domain name registrations) by contacting customer service or by visiting the BulkRegister Website. Your failure to affirmatively opt in to the automatic renewal Service may jeopardize your desired renewal. For your convenience, an auto-renew email reminder will be sent to your email address set forth in your registration application at least fifteen (15) days prior to the renewal date and, upon renewal, a renewal notification will also be sent to notify you that your domain name has been reserved.

7. Security.

BulkRegister does not guarantee the security of your domain name registration records, and you assume all risks that the security option you select is compromised as a result of fraudulent, unauthorized or illegal activity.

8. Fees and Payment .

Initial domain name registrations, and domain name registrations that have passed the registration agreement's anniversary date, must be in a paid status to transfer, delete, modify, or otherwise to request BulkRegister to affect the domain name record or to provide domain name Services. Domain name registrations in an unpaid status are routinely deleted on a regular basis.

9. Transfers and Licensing of Use.

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 BR. You may transfer your domain name registration to a third party of your choice, subject to the procedures located on the BulkRegister Website regarding transfers. Even if you license the use of BR's domain name registration Services to a third party, you remain responsible for complying with all terms and conditions of this Agreement, and you accept liability for harm caused by such licensee's wrongful use of BR's domain name registration Services, unless you promptly disclose the identity of such license upon request by any person who provides reasonable evidence of actionable harm.

10. Domain Name Dispute Policy.

a. Policy Generally. If you registered a domain name through BR for yourself or another party, you agree to be bound by BR's current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. The current version of the domain name dispute policy may be found at the BulkRegister Website: http://www.bulkregister.com/dispute.html . You agree that BulkRegister, in its sole discretion, may modify its dispute policy. BulkRegister will post any such revised policy on the BulkRegister Website at least fifteen (15) 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. BulkRegister will not refund any fees paid by you if you terminate your Agreement with BulkRegister. In addition, you acknowledge that you have read, understood and agree to be bound by all terms and conditions of the UDRP, as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all gTLD and ccTLD domain name registrations or renewals. ( Click here for a current copy of the UDRP.)

b. Domain Name Disputes. You agree that, if your use of BR's domain name registration services is challenged by a third party, you will be subject to the provisions specified in BR's dispute policy in effect at the time of the dispute. For any dispute with, or challenge by, a third party concerning or arising from your use of a domain name registered with BR or your use of BR's domain name registration services, you agree to submit to subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the District of Maryland, or if there is no jurisdiction in such court, then in the state Circuit Court for Baltimore City, Maryland. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold BulkRegister harmless pursuant to the terms and conditions set forth below in this Agreement. If BulkRegister is notified that a complaint has been filed with a judicial or administrative body regarding your use of its domain name registration Services, you agree not to make any changes to your domain name record without BulkRegister's prior approval. BulkRegister may not allow you to make changes to such domain name record until (i) BulkRegister is directed to do so by the judicial or administrative body, or (ii) BulkRegister receives notification by you and the other party contesting your registration and use of BulkRegister's 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 of BulkRegister's domain name registration Services, BulkRegister may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate. You understand and acknowledge that BulkRegister will comply with all court orders, domestic or international, directed against you and/or the domain name registration.

11. Revocation.

You agree that BulkRegister may suspend, cancel or transfer your Services, including, but not limited to, domain name registration Services in order to: (i) correct mistakes made by BulkRegister, another registrar or the registry in registering your chosen domain name, or (ii) to resolve a dispute under BulkRegister's domain name dispute policy.

12. Under Construction Page.

You acknowledge and agree that any or all domain names that are (i) registered with BulkRegister, (ii) hosted on a BulkRegister domain name server, and (iii) do not otherwise resolve to an active Website, may resolve to an "under construction", "coming soon" or similar temporary Web page ("Under Construction Page"), and that BulkRegister may place on any such Under Construction Page promotions and advertisements for, and links to, BulkRegister's Website, BulkRegister's Services, third-party Websites, third-party product and service offerings, and/or Internet search engines. You agree that BulkRegister may change the content and/or appearance of, or disable, any Under Construction Page at any time, in its sole discretion, and without prior notice. If for any reason, you do not want your domain name to resolve to the Under Construction Page described above, you may select an Under Construction Page that does not contain links to BulkRegister's Website, promotions and links to specific BulkRegister Services, third party advertisements, or Internet search engines, as provided on the BulkRegister Website.

13. Requests to Change Registrar.

You agree that BulkRegister may deny any request to transfer a domain name registration that is otherwise capable of transfer to another registrar where you fail to respond appropriately to a transfer confirmation request from BulkRegister.

SCHEDULE B TO SERVICES AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .BIZ TLD

In addition to the terms set forth in Sections 1 through 17 and Schedule A of this Agreement, the following terms shall apply to .biz domain names.

1. Additional Representations and Warranties.

If you are applying for the registration of a domain name in the .biz TLD, you hereby certify that: (i) the 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 selling, trading or leasing the domain name for compensation, or the unsolicited offering to sell, trade or lease the domain name for compensation; and (ii) the domain name is reasonably related to your business or intended commercial purpose at the time of registration. In addition, you represent and warrant that (a) you have the authority to enter into this Agreement, (b) the data provided in your domain name registration application is true, correct, up to date and complete, and (c) you will keep such information up to date.

2. Acknowledgment of Dispute Policies and Rules.

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

(i) The UDRP, available at http://www.icann.org/udrp/udrp.htm;
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.biz/stop_overview/index.html (to the extent STOP may still be applicable to you if you are involved with the .biz Registry Operator's Intellectual Property Claim Service); and
(iii) The Restrictions Dispute Resolution Policy, available at http://www.neulevel.com/countdown/rdrp.html .

You agree that, by continuing to use any of the Services provided hereunder (which may include registration and use of a .biz domain name) after the posting on BulkRegister's or the .biz Registry Operator's website of any revisions to or new ICANN approved .biz Policies, you have agreed to the terms and conditions of the same. You acknowledge that if you do not agree to the .biz Policies, you may terminate this Agreement. BR will not refund any fees paid by you if you terminate your Agreement with BR.

3. Registry Actions or Inactions .

BR's ability to provide Services to you depends in part upon the provision of services by third parties, such as the .biz Registry Operator, NeuLevel, Inc. BR cannot control and will not be responsible for the actions or inactions of such third parties. For example, the .biz Registry Operator has reserved the right to deny, cancel or transfer any domain name registration under certain circumstances. You acknowledge and agree that BR shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties, including, but not limited to, the .biz Registry Operator. You agree to indemnify, defend and hold harmless NeuLevel, Inc., and its directors, officers, employees and agents, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration.

4. Multiple Phases of Services.

Your application or registration (whether successful or not) for any .biz domain name hereunder does not guarantee, and BR does not promise, that you will be approved or eligible for any other Services available or that may become available through BR or any third party. For example, certain services in the .biz TLD are provided in sequential phases, and participation in one phase, does not automatically qualify you for participation in other phases, and any further participation is not automatic. The .biz Registry Operator, and not BulkRegister, determines the dates and times associated with the various service phases available in the .biz TLD. You agree to review and become familiar with the information available on the BulkRegister Website and on the .biz website concerning the various phases and descriptions of services available in connection with .biz TLD, and to regularly check for modifications and/or updates to such information, as the same may change from time to time. You agree that you are solely responsible for applying and/or registering for the service phases you desire to participate in. Additionally, you acknowledge and agree that submission of an application for domain name registration or any other Services, does not guarantee that you will ultimately be the registrant for a particular domain name, even if you participated in some other Service associated with the domain name, such as an intellectual property notification service or similar service.

5. Additional Acknowledgments Concerning Customer Information.

You also acknowledge and agree that BulkRegister will share with the .biz Registry Operator certain information submitted by you (either regarding you, or your customer if you are a reseller) in your application for BR's Services, as required by BR's agreement with the .biz Registry Operator or to provide the Services you have applied for. You acknowledge and agree that any information BR shares with the .biz Registry Operator may be used by it to fulfill the .biz Registry Operator's service obligations to BR or any third party. You hereby grant BR and the .biz Registry Operator a limited, royalty-free, non-exclusive worldwide license to use all of the data contained in your application.

6. Disclaimer Concerning Intellectual Property Notification Service.

Your participation in an intellectual property notification service or similar service DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY PROTECTIONS OR REGISTRATIONS, NOR DOES IT PROVIDE YOU WITH ANY RIGHTS TO ANY PARTICULAR DOMAIN NAME REGISTRATION. THIS IS A NOTIFICATION SERVICE ONLY. EVEN IF YOU PARTICIPATE IN THIS SERVICE, YOU MUST STILL SUBMIT AN APPLICATION FOR DOMAIN NAME REGISTRATION SERVICES TO BE ELIGIBLE TO BECOME THE REGISTRANT FOR THE DESIRED DOMAIN NAME(S).

7. Survival of Terms.

You agree that the indemnity provisions set forth in this Schedule shall survive any termination of the Agreement.

8. Conduct.

You agree to be bound by the applicable provisions of the .biz Registry Operator's Acceptable Use Policy, incorporated herein and made part of this Agreement by reference, in connection with your use of the Services described in this Schedule.

9. Third Party Beneficiary.

NeuLevel, Inc. is an intended third party beneficiary of this Agreement with rights to enforce this Agreement with respect to issues relating to the .biz gTLD. You will cooperate in good faith with NeuLevel, Inc. or BR in investigating instances of non-compliance with this Agreement, if NeuLevel, Inc. or BulkRegister believes in good faith that you are not in compliance with this Agreement.

10. Content and Data.

You agree that BulkRegister and NeuLevel, Inc. are not responsible for checking, verifying or editing message content or completeness, or for detecting errors or anomalies, or for recreating or re-transmitting data.

SCHEDULE C TO SERVICES AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .INFO TLD

In addition to the terms set forth in Sections 1 through 17 and Schedule A of this Agreement, the following terms shall apply to .info domain names.

1. Additional Provisions.

You acknowledge and agree to the following: (i) BulkRegister will share with the .info Registry Operator, Afilias Limited, certain information submitted by you in your application(s) for BR's Services relating to the .info TLD, and you consent to the use, copying, distribution, publication, modification and other processing of your personal data by the .info Registry Operator and its designees and agents in connection with the .info Registry Operator's service obligations to BR or third parties, or as otherwise deemed necessary by the .info Registry Operator; (ii) you will submit to proceedings commenced under the UDRP and, with respect to remaining "Sunrise Challenges", if any, the Sunrise Dispute Resolution Policy ("SDRP") (available at http://www.afilias.info/faq/sunrise-challenge.html ), as these may be modified from time to time; (iii) you will immediately correct and update the registration information for any domain name registered hereunder during the registration term for such registered domain name; and (iv) the .info Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to your .info domain name registration, including, without limitation: (a) the ability or inability of a registrant to obtain a .info registered domain name, and (b) the results of any dispute over a .info domain name registration.

2. Registry Actions or Inactions.

BR's ability to provide Services to you depends in part upon the provision of services by third parties, such as the .info Registry Operator. BR cannot control and will not be responsible for the actions or inactions of such third parties. For example, the .info Registry Operator has reserved the right to issue a Sunrise Challenge, at any time, to domain names that were registered during the .info Sunrise Period, all as described in more detail in the Dispute Resolution Section of the .info Registry Operator's website located at http://www.afilias.info/register/dispute_resolution / and the subparts thereof. You acknowledge and agree that BR shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties, including, but not limited to, the .info Registry Operator.

3. No Guarantee on Registration.

The .info Registry Operator, and not BulkRegister, determines the dates and times associated with the various service periods available in the .info TLD. You agree to review and become familiar with the information available on the BulkRegister Website and on the .info website concerning the various periods and descriptions of services available in connection with .info TLD, and to regularly check for modifications and/or updates to such information, as the same may change from time to time. You agree that you are solely responsible for applying and/or registering for the service periods you desire to participate in. You acknowledge and agree that submission of an application for domain name registration or any other services (regardless of when submitted), does not guarantee that you will ultimately be the registrant for a particular domain name.

4. Disclaimer Concerning Intellectual Property Protection.

Your application for a .info domain name registration DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY PROTECTIONS OR REGISTRATIONS.

5. Use of Other Registrars.

You agree that BR may, but is not obligated to, submit your registration application and/or information through another ICANN accredited registrar ("Third Party Registrar") if BR believes, in BR's sole discretion, that doing so will provide you with a better opportunity for successfully registering a .info domain name. Should BR's submission result in the registration of a .info domain name for you, you acknowledge and agree that you will also then be a customer of the Third Party Registrar through which your domain name is registered. If BR does submit your registration application and/or information through a Third Party Registrar, and a .info domain name is registered to you through that Third Party Registrar, you agree that in addition to your agreement with BulkRegister, you will be bound by the following terms and conditions in this Agreement with respect to the Third Party Registrar for so long as you are receiving registration services through that Third Party Registrar: 

(a) Sections 1 through 17;
(b) Schedule A; and
(c) This Schedule.
You agree that BulkRegister shall have the right, but not the obligation, to submit a change of registrar request to the Third Party Registrar, if any, through which your domain name is registered to transfer the sponsorship of your domain name to BulkRegister at any time after the expiration of sixty (60) calendar days from the registration of the domain name, and you hereby authorize and direct BulkRegister to effect such a transfer if BulkRegister decides, in its sole discretion, that it wishes to effect such a transfer. You will not be required to pay any transfer or new service fees to affect the transfer.

SCHEDULE D TO SERVICES AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .NAME TLD

In addition to the terms set forth in Sections 1 through 17 and Schedule A of this Agreement, the following terms shall apply to .name domain names.

1. Eligibility Requirements.

You represent and warrant that every registration you are applying for in the .name TLD satisfies the eligibility requirements ("Eligibility Requirements") established by Global Name Registry Ltd., the registry for the .name TLD, which are available at the following URL: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm

2. Dispute Resolution Policies.

You agree that every Service for which you register is subject to the UDRP and, to the extent it remains applicable, the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"). Without limiting the foregoing, you agree that (i) every Defensive Registration is subject to challenge pursuant to the ERDRP; (ii) if a Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registration Holder will pay the challenge fees; (iii) if a challenge to a Defensive Registration is successful, the Defensive Registration will be subject to the procedures described in the ERDRP and the Eligibility Requirements including, without limitation, the cancellation of the Defensive Registration Holder's other Defensive Registrations. In the event the Defensive Registration Holder is unable to demonstrate the foregoing with respect to any Defensive Registration, the Defensive Registration will be cancelled.

3. Limitation of Liability.

In addition to the other limitations of liability contained herein, you agree that neither the .name registry nor BulkRegister shall have any liability of any kind for any loss or liability resulting from (i) the processing of registration requests for .name domains, including, without limitation, your ability or inability to obtain a Registered Name, a second-level domain e-mail address registration (an "SLD E-mail Address"), a Defensive Registration, or a NameWatch Registration using the services provided by BulkRegister or the .name registry; or (ii) any dispute over any Registered Name, SLD E-mail Address, Defensive Registration, or NameWatch Registration, including any dispute resolution proceeding related to any of the foregoing.

4. Registry Actions or Inactions.

BR's ability to provide Services to you depends in part upon the provision of services by third parties, such as the .name registry. BR cannot control and will not be responsible for the actions or inactions of such third parties. You acknowledge and agree that BR shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties, including, but not limited to, the .name registry.

SCHEDULE E TO SERVICES AGREEMENT
ADDITIONAL TERMS APPLICABLE TO REGISTRANTS OF DOMAIN NAMES IN CONNECTION WITH .PRO TLD

1. General.

In addition to the terms set forth in Sections 1 through 17 and Schedule A of this Agreement, you acknowledge having read and understand and agree to be bound by, the terms and conditions of this Schedule, which are applicable to your .pro domain name registration, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

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

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

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

d) You agree to be subject to the Qualification Challenge Policy and the UDRP;

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

f) You certify that you have the authority to enter into this Agreement;

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

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

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

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

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

2. Incorporation of .pro Restrictions and Challenge Processes.

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

(i) The UDRP, available at http://www.icann.org/dndr/udrp/policy.htm

(ii) For registration agreements relating to Intellectual Property Defensive Registrations, including Sunrise Registrations: The
Intellectual Property Defensive Registration Challenge, available at http://www.registrypro.com/policies/eligibility.php ;

(iii) The Qualification Challenge Policy and Rules, available at http://www.icann.org/tlds/agreements/pro/registry-agmt-appm-30may03.htm ;

(iv) The .pro TLD restriction requirements, available at http://www.registrypro.com/policies/eligibility.php ;

(v) For registrations of Registered Names, the .pro TLD digital certification requirements, available at http://www.registrypro.com/policies/eligibility.php ; and

(vi) Procedures for any applicable Verification Toolkit. You represent and warrant that, at all times during the term of the .pro registration, you will meet the .pro registration requirements set forth by the .pro Registry Operator for the registration of your domain name. You are required to provide prompt notice to BR if you fail to meet such registration requirements. BulkRegister and/or Registry Operator shall have the right to immediately and without notice to you, suspend, cancel or modify your registration if, at any time, you fail to meet the registration requirements for such domain name or Defensive Registration.

3. Indemnification.

You agree to indemnify, defend and hold harmless BulkRegister and the .pro Registry Operator, its subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from any and all claims, demands, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, in any way arising out of, relating to, or otherwise in connection with the registration. This indemnification obligation survives the termination or expiration of the registration agreement.

SCHEDULE F TO SERVICES AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES
RELATING TO THE COUNTRY CODE TOP-LEVEL DOMAINS

In addition to the terms and conditions set forth in Sections 1 through 17 and Schedule A of this Agreement, the following terms shall apply to Services that BR offers with respect to various ccTLDs. Your registration of a domain name in any ccTLD (each a "TLD Domain Name") is subject to the additional terms, conditions and policies established or revised from time to time by the specific registry for such TLD Domain Name ("ccTLD Registry"). You are responsible to review and abide by each respective ccTLD Registry's current terms, conditions and policies ("TLD Registry Policies"), which are available for you to review at each TLD Registry's respective website. Click here for Annex A, which sets forth brief abstracts with respect to ccTLDs that BR offers (including .us, which is described in more detail on Schedule G of this Agreement) and links to the TLD Registry Policies for each ccTLD included on Annex A, which will be supplemented from time to time as BR offers new ccTLDs. You agree to be bound by and comply with the applicable TLD Registry Policies, including amendments and modifications thereto, with respect to your TLD Domain Name registration, regardless of whether a current link to such TLD Registry Policies is located on Annex A. You acknowledge and agree that you have reviewed and satisfied yourself as to the obligations and conditions contained in the applicable TLD Registry Policies. Such policies shall not alter the terms and conditions of this Agreement. To the extent there is a conflict between the TLD Registry Policies and the terms of this Agreement, the terms of this Agreement shall prevail. You agree that the ccTLD Registry has the right to enforce the TLD Registry Policies. By submitting an order for any ccTLD Services, you represent and warrant to BulkRegister that the order is consistent with the applicable TLD Registry Policies established by the applicable ccTLD Registry. Through this Agreement and the disclosure on the BulkRegister Website, if BR is supplying any of your personal data to a third party service provider or any applicable ccTLD Registry in connection with registration or renewal of a TLD Domain Name, including BR's Privacy Policy, BR is hereby providing notice to you of, and you hereby consent to: (i) the purposes for which your personal data has been collected, (ii) the intended recipients or categories of recipients of your personal data, (iii) which parts of your data are obligatory and which parts, if any, are voluntary; and (iv) how you can access and, if necessary, rectify the data held about you. With respect to any domain name registrations for any ccTLD which require

(i) a presence in the country; (ii) an agent to act on a registrant's behalf; or

(iii) a registrant e-mail address of record,

you authorize and direct BR and/or the applicable registry administrator, to take any such action necessary to effect the domain name registration, subject to the limitation of liability and indemnity provisions contained in Section 8 and 9 of this Agreement.

SCHEDULE G TO SERVICES AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .US TLD

In addition to the terms set forth in Sections 1 through 17 and Schedules A and F of this Agreement, the following terms shall apply to .us domain names.

1. Nexus Requirements/Certification.

You certify that you have and shall continue to have a lawful bona fide U.S. nexus, as required by the .us top-level domain ("TLD") administrator, NeuStar, Inc. (".us Registry"), and that you meet all of the .us nexus requirements (".us Nexus Requirements") set forth below (and as represented by you in the registration application information provided by you to BulkRegister). You must be (and you certify that you are) either:

A. A natural person (i) who is a United States citizen, (ii) a permanent resident of the United States of America or any of its possessions or territories, or (iii) whose primary place of domicile is in the United States of America or any of its possessions [Nexus Category 1]; or

B. An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories [Nexus Category 2]; or

C. An entity or organization (including a federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States of America or any of its possessions or territories [Nexus Category 3]. If you are claiming Nexus Category 3, you certify that you have 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.

2. Name Servers Certification.

You certify that the name servers listed by you in connection with your application for domain name registration services in the .us TLD are located within the United States.

3. Your obligation to Satisfy Nexus Requirement.

You acknowledge and agree that it is your responsibility, through the registration process (and, if applicable, as required subsequent to your application), to provide the information necessary to satisfy the .us Nexus Requirements, and that a failure by you to satisfy the .us Nexus Requirements may result in, among other things, (i) the domain name application(s) being rejected by BulkRegister and/or the .us Registry, (ii) the domain name(s) being placed on "hold" by BulkRegister and/or the .us Registry, and/or (iii) the domain name(s) being deleted by BulkRegister and/or the .us Registry. Neither BulkRegister nor the .us Registry (nor any other entity or person) shall be liable to you for any actions or inactions of any of them resulting from your failure to provide all required .us Nexus Requirements information at the time of registration (or, where applicable, subsequent to registration), and none of them shall have any obligation to request or attempt to obtain from you additional information to establish your compliance with the .us Nexus Requirements, even if the need for such information is known by any of them.

4. Nexus Dispute Policy.

You agree to be bound by the Nexus Dispute Policy ("NDP") administered by the .us Registry (or a third party designated by the .us Registry), which policy and its applicable forms are located on the .us Registry's website at the URL: www.neustar.com . You agree to abide by all decisions rendered by the .us Registry (or its third party designee) in connection with the NDP.

5. Dispute Resolution Policy.

You agree that you are bound by the United States Dispute Resolution Policy set forth on the .us Registry's website at the URL: www.neustar.com

6. Registry Actions or Inactions .

BR's ability to provide Services to you depends in part upon the provision of services by third parties, such as the .us Registry. BR cannot control and will not be responsible for the actions or inactions of such third parties. You acknowledge and agree that BR shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties, including, but not limited to, the .us Registry (for example, the .us Registry reserves the right to deny, delete, transfer or freeze any domain name registration for a variety of reasons, none of which BulkRegister can control).

7. Accurate Information.

Without limiting the other provisions of the Agreement, your willful or grossly negligent provision of inaccurate or unreliable information, or your willful or grossly negligent failure promptly to update information provided to BulkRegister, shall constitute a material breach of this Agreement and shall be a basis for cancellation of the domain name(s) applied for hereunder.

8. Application Submission.

You acknowledge and agree that
BulkRegister will be submitting your .us domain name application(s) to the .us Registry through Neustar, and that all applications submitted by you hereunder (except for Sunrise applications, where applicable) will be submitted by BulkRegister on or after the date upon which the .us Registry goes live.

9. .kids.us Domain.

The .kids.us domain was established by the U.S. government to provide a trusted secure online space for children 13 and under. To apply for a .kids.us domain name, you must meet the Nexus Requirements set forth above.
In order to maintain a .kids.us domain, the content you post must be "kid-friendly," which means that it cannot include any mature content or pornography, inappropriate language, violence, hate speech, references to drugs, alcohol or tobacco, gambling, weapons or other unsuitable subject matter. In addition, .kids.us web sites will not be permitted to enable two-way or multi-user interactive services or links to URLs outside of the .kids.us domain.
To ensure compliance with the Dot Kids Implementation and Efficiency Act and other applicable laws, a "Content Manager" has been established by NeuStar and the National Telecommunications and Information Administration ("NITA") to promulgate rules and policies for reviewing content on .kids.us web sites. At this time, any content must initially be approved by the Content Manager before it may reside on the .kids.us domain. Once the website is live, the Content Manager will review the content periodically to check compliance with the restrictions on prohibited subject matter. If there is an alleged violation, the domain operator may have an opportunity to correct the problem or undergo an additional review. If the offense is severe, the Content Manager may immediately remove the website, pending further review.

SCHEDULE H TO SERVICES AGREEMENT
PREMIUM, PREMIUM PLUS AND PREMIUM LEGAL MEMBERSHIP - SERVICE LEVEL AGREEMENTS

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

1. Services Availability

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

2. Response Time

BulkRegister shall provide 24 x 7 (24 hours a day, 7 days a week) telephone support and shall respond to e-mail inquiries from Customer within 8 hours of receipt of the inquiry, subject to the exceptions set forth below, and provided that Customer follows the applicable premium support protocols as set forth on the BulkRegister Website from time to time.

3. Domain Name Locking

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

4. MDS Availability

The Premium Plus Membership Level shall receive Managed Domain Service availability 99.9% of the time during each calendar month, less planned or scheduled outages and emergency maintenance, and subject to the exceptions set forth below.

5. Dedicated Account Manager

The Premium Plus Membership Level shall receive a Dedicated Account Manager. Premium Plus Members may also upgrade for an additional fee to the optional silver or gold levels of MAS account management support, which are available during week days (excluding holidays) from 9:00 a.m. to 5:00 p.m., eastern time for silver level, and 24 x 7 for gold level.

6. Scheduled Maintenance and Planned Outages

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

7. Modifications

This Schedule shall be reviewed periodically by BulkRegister and may be modified or terminated by BulkRegister at any time upon notice to Customer.

8. Credit

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

9. Exceptions

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

SCHEDULE I
DNS AND RELATED SERVICES

In addition to the terms and conditions set forth in Sections 1 through 17 of this Agreement, the following terms and conditions apply to BulkRegister's Domain Name System ("DNS") Services, including URL forwarding, email forwarding, cloaking, customizable default parking, MX record management and other DNS Services which may be offered from time to time by BulkRegister directly or through one or more contract service providers (the "Contract Service Providers" or "CSPs").

1. Services.

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

2. Term .

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

3. Fees.

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

4. Prohibited Conduct.

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

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

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

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

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

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

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

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

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

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

j. "stalking" or otherwise harassing another;

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

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

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

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

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

p. posting any MP3 format files;

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

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

5. Disclaimer of Warrantees: Limitation of Liability.

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

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

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

6. Customer Materials; Representations; Indemnification; Policies.

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

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

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

(iv) Customer agrees to comply with the DNS Policies with respect to the DNS Services, as such policies may be modified from time to time. Zones which are used by email or usenet "spammers" may be discontinued immediately, at BulkRegister's option, without refund and without notice. Parties who receive unsolicited email ("spam") via BR's resources, or because of the use of BR's resources, are encouraged to send email to BR at This email address is being protected from spambots. You need JavaScript enabled to view it. and to copy the Federal Trade Commission's spam hotline at This email address is being protected from spambots. You need JavaScript enabled to view it. . BR reminds Customer that spamming is in violation of BR's policies.

7. Termination.

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

8. Changes in Services, Terms and Conditions, and Fees.

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