Our Clients

Our customers range from everyday people to small, medium & large companies.
Meet our clients

Testimonials

Don't just take our word for it. Here's what our clients have to say about our services and us.
Please read on...

Our Promise

Dedicated to growing small businesses by making it fast, easy and free to get online.
Tell me more

Legal Stuff

Here you will find our master agreements & policies that apply to all customers.
Enjoy the read

SOME OF THE ORGANISATIONS WE ARE PROUD TO CALL CLIENTS

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We've been in the domain name and web hosting business for over 15 years. Our longevity and experience matters, in that time we have
serviced thousands of customers. Our customers range from everyday people, creative professionals, small and medium businesses, large
enterprises and government departments. Listing them all would take a little time so we have pulled a few well known names from the list.
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Success Stories.

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We let our customers do the talking for us.

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"Having been a client of DomainNames.com.au for nearly a decade, I can attest to the services, products, and domain registration tools. They are a trusted brand name, the people are fantastic and their tools are easy to use. As a designer I have worked with many hosting companies over the years, but DomainNames.com.au is always my first choice." David Harris, Design-Element.com.au
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"We have used DomainNames.com.au for over 10 years. We have found the control panel and management tools both intuitive and easy to use and the customer support responsive and helpful. Truly a great local seller of domain names I happily recommend them to your business." David Zimmerman, iConsultants.com.au
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"I thought about registering a domain name and getting an email address for our business, but was worried about handing money over the internet. I didn't quite understand how it worked – it seemed a bit daunting. However DomainNames.com.au staff were extremely professional and took the time to make sure that I understood everything. Surprisingly a very easy process." Petra Meyer, SoulBeautiful.com.au
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"I've been wanting to get my family's name as a domain name for quite a long time now. The guys at DomainNames.com.au were able to obtain Spink.com.au for me quickly, easily and for a fair price. The personal service was professional and second to none! Highly recommended." Steven Spink, Spink.com.au
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"We wanted to shape up our marketing efforts and ensure our customers found us easily on the web. By using DomainNames.com.au we were able to easily source and secure a premium domain name within a matter of days. Our new domain name has been extremely valuable to our business - it's definitely one of the best investments we've made and has become a crucial part of our marketing strategy. We are now enjoying a big boost in organic search results and our monthly visitors continue to increase. I can't recommend DomainNames.com.au enough!" Rebecca Gimpel, BirthdayInvitations.com.au
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"We had been trying to buy a premium domain name through the seller for a while, but hadn't been having any luck. We kept going back and forth – wasting time and resources. We just couldn't match the owners asking price. Once we connected with DomainNames.com.au, we found Tapware.com.au, a premium domain name that fitted us perfectly. Everything ran smoothly and we had our new domain within just a few days. We were so glad that we finally found the experts. We have other business ventures on the horizon and will use them again." Ben Bazar, Tapware.com.au


WILL GET YOUR BUSINESS ONLINE FOR FREE!

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We are dedicated to growing Australian small business by making it fast, easy and free to get online. Our mission is to get EVERY Australian small business online with a FREE website.

Why your business should be online.

  • 90% of Australians use the Internet.
  • 97% of Internet users look for goods and services online.
  • 80% of these people use Google as their main search engine.
  • 50% of buyers research products online before buying them offline.
  • 70% of Google searches are for products or services geographically local.
  • 58% of Australians prefer NOT to have the Yellow Pages delivered to their door.

Businesses with a website are growing faster and performing much better than those without. A business website generates more leads, sales and revenue than any other advertising medium.

Businesses without a website will be overlooked as more and more consumers increasingly use the web. If there is one thing you do today, is get your business online.

DomainNames.com.au Terms of Use

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COPYRIGHT
Except where otherwise explicitly noted, the entire contents of this publication and of all documents included within the framework of what is here referred to as the "DomainNames web site" is Copyright © 2013 DomainNames.com.au. Under national and international copyright laws, this publication may not be copied, in whole or in part, without the prior written consent of the copyright holder

DISCLAIMER
Every effort has been made to ensure that the information in this website is accurate. However the author expressly disclaims all warranties, express or implied, including, but not limited to, the implied warranty of fitness for a particular purpose. the author does not warrant or make any representations regarding the use or the results of the use of the information provided within the publication in terms of its correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by the author shall create a warranty or in any way increase the scope of this warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

COMPLIMENTS & FEEDBACK
Your feedback is very important to us, whether compliment or complaint, we would love to hear from you. We strive to uphold the greatest levels of service and communication in the industry, so should the unlikely event occur that you need to lodge a complaint against us, our service, any of our staff or our general industry conduct, please email Complaints@DomainNames.com.au.

Once a complaint email is lodged, we will ensure that you're responded to within 14 business days. For .au further complaints and policies please also see the auDA website located at https://auda.zendesk.com/hc/en-us

  • Privacy Policy arrow-open arrow-close

    At DomainNames.com.au we recognize that privacy is important and respects the guidelines suggested by the Australian Direct Marketing Association, in its Code of Practice for Consumer Protection in e-commerce.

    We also abide by the World Wide Web Consortium (W3C) Platform for Privacy Preferences Project (P3P). This policy is emerging as an industry standard providing a simple, automated way for users to gain more control over the use of personal information on web sites they visit.

    In line with those guidelines, DomainNames.com.au would like you to be aware of the information we collect to provide your service. We do not provide third parties with access to your personal data, with the obvious exception of third party business partners such as domain name registries. This Privacy Policy applies to all products and services provided by us.

    Collection of Information
    We collect various information when you register with our company, during your usage of our products and services, when you visit pages of our partners. We may combine information about you that we have with information we obtain from other partners or other companies in order to provide you a better experience or to improve the quality of our services. When you sign in to our services, you are not anonymous to us. We automatically receive and record information from your computer and browser, including your IP address, our cookie information, software and hardware attributes, the page you request and other standard browser parameters.

    When you use our services, we send one or more cookies - a small file containing a string of characters - to your device that uniquely identifies your browser. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends, and providing you with a better experience. We may set one or more cookies in your browser when you use our services or one of our partner's services. When you send messages, publish content, post material, transmit information or email through our services, we may retain the same in order to process your inquiries, respond to your requests and improve our services.

    Our infrastructure consists of servers deployed at multiple datacentres that are owned and operated by our partners or us. All information collected within our services resides on this network of servers.

    Use of Information

    (1) We only use and process personal information for the purposes described in this Privacy Policy. In addition to the above, such purposes include:

    (2) Communicating with you

    (3) Making the sites or services easier to use by eliminating the need for you to repeatedly enter the same information

    (4) Providing our services

    (5) Auditing, research and analysis in order to maintain, protect and improve our services

    (6) Ensuring the technical functioning of our network

    (7) Protecting our rights or property and that of our users

    (8) Developing new services

    (9) As described in the respective terms of service of each of our services and in the DomainNames.com.au Customer Master Agreement

    No-Spam Policy
    We have a strict No-Spam Policy prohibiting the use of any data collected to send spam. We will not sell any contact information to third parties.

    Choices for Personal Information
    When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose defined herein and in the terms of the services offered then we will ask for your consent prior to such use. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our features and services may not function properly if your cookies are disabled. You can decline to submit personal information to any of our services, in which case we may not be able to provide those services to you.

    Information Sharing
    We only share personal information with other companies or individuals in the following limited circumstances:

    (1) We have your consent

    (2) Sharing the information with our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

    (3) We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to:

    (a) satisfy any applicable law, regulation, legal process or enforceable governmental request,

    (b) enforce applicable Terms of Service, including investigation of potential violations thereof,

    (c) detect, prevent, or otherwise address fraud, security or technical issues, or

    (d) protect against harm to rights, property or safety, of our users, us or the public as required or permitted by law.

    (4) We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users by demographic. Such information does not identify you individually.

    (5) As permitted and described in the respective terms of service of each of our services and in the DomainNames.com.au Customer Master Agreement

    Information Security
    We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

    We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

    Accessing and Updating Personal Information
    When you use our services, we make good faith efforts to provide you with access to your personal information and to correct this data if it is inaccurate.

    Changes to this Privacy Policy
    Please note that this Privacy Policy may change from time to time.

    WHOIS domain information
    When a domain name is registered, certain information is collected for use on the WHOIS service. The WHOIS service allows Internet users to query a domain name to find out the identity and contact details of the registrant. The public WHOIS service is a standard feature of domain name systems around the world. Please see auDA's WHOIS policy at www.auda.org.au/policies/current-policies/2010-06 that sets out auDA's guidelines on the collection, disclosure and use of WHOIS data.

    Call recording
    Please be advised that both inbound and outbound phone calls may be recorded or monitored for quality assurance and training purposes. If you do not want your call to be recorded, please advise your customer service representative at the start of the call.

  • Renewal Pricingarrow-open arrow-close

    We offer a number of great products to our customers and periodically offers special prices, discounts, coupons, and promotions during the initial term to allow our clients the opportunity to experience our products and services with minimal financial risk.

    Please note that these special offers are limited time promotional prices and are available for new domain names, website creator, linux, windows, wordpress, cms or email hosting plans only. These prices are valid only for the initial term at the time of purchase and do not apply to successive or renewal periods and renew at our regular rate.

    You may check your account at any time for upcoming renewals. After the initial period, all products and services until cancelled will automatically renew 90 days before expiry at the then-current price. You may turn off the auto renewal feature by visiting your DomainNames.com.au account.

    You agree that the services shall be provided for the term you selected through your DomainNames.com.au account. Unless you terminate the services through your account at least 90 days before expiry, you agree that the services may be renewed for another term of equal duration to the immediately preceding term and that the resulting fees shall be charged to the credit card associated with your account. You agree that your continuing consent to be billed for such renewal(s) will be presumed until such time as you terminate the services through your account. You agree that attempts to terminate the services other than through your account such as by sending an email, letter or fax to us are not reliable means of communication and that such a termination attempt shall not binding until accepted and acknowledged in writing by DomainNames.com.au

    Our regular renewal rates are listed below in aussie dollars, include GST, reflect pricing of our products when purchased and are subject to change.

    EMAIL HOSTING
    PERSONAL per year $99
    BUSINESS per year $119
    CORPORATE per year $149
    LINUX HOSTING
    BUDGET per year $119
    DELUXE per year $199
    PREMIUM per year $399
    CMS HOSTING
    STARTER per year $119
    ESSENTIAL per year $199
    PROFESSIONAL per year $399
    WORDPRESS HOSTING
    STARTER per year $119
    BLOGGER per year $199
    DESIGNER per year $399
    WINDOWS HOSTING
    ECONOMY per year $149
    ULTIMATE per year $249
    ENTERPRISE per year $499
    WEBSITE CREATOR
    STARTUP per year $149
    BUSINESS per year $249
    ECOMMERCE per year $349
     
    .com.auper year $69
    .comper year $69
    .bizper year $69
    .orgper year $69
    .meper year $69
    .wsper year $69
    .netper year $69
    .infoper year $69
    .tvper year $69
    .coper year $69
    .net.auper year $69
    .co.ukper year $69
    .euper year $69
    .usper year $69
    .asiaper year $69
    .ninjaper year $69
    .emailper year $69
    .co.nzper year $69
    .net.nzper year $69
    .guruper year $69
     

    When a com, net, org, biz, info or org domain name has been expired for more than 30 days, it is automatically assigned a redemption WHOIS status for another 30 days. During this period the current registrant still maintains the option to renew the name. A domain name may be recovered from redemption at any time during this 30 day period. A $399 fee will apply, which also includes the first year of renewal. We collect this fee on behalf of the registry. Should a domain not be recovered from redemption, it will be deleted from the registry and become available for new registration. A reactivation fee of $99.00 may apply to the renewal of a domain name if it is renewed within 30 days of expiry.

    LEGACY LINUX
    LITE per year $169
    BEGINNER per year $249
    PREMIUM per year $349
    LEGACY WINDOWS
    LITE per year $169
    BEGINNER per year $249
    PREMIUM per year $349
    LEGACY CREATOR
    BASIC per year $169
    FULL per year $349
    ECOMMERCE per year $399
    LEGACY OTHERS
    EMAIL PACK per year $120
    DNS HOSTING per year $120
    ID PROTECT per year $39
     
  • Customer Master Agreement arrow-open arrow-close

    This is the main Customer Master agreement that would apply to you as our Customer. Apart from this Master Agreement, the following Product Specific Agreements may also apply to you depending on the Products and Services you buy.

    This Customer Master Agreement is made, entered into and executed on the date of your order (hereinafter referred to as the "Effective Date")

    BETWEEN:-

    We (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer"). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term "Customer" shall refer to such entity.

    (The Parent and the Customer may be referred to individually as a "Party" and collectively as the "Parties").

    WHEREAS the Parent provides various Products and Services;

    AND WHEREAS the Customer wishes to purchase Parent's Products and Services

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

    1. DEFINITIONS

    (1) "Advance Account" refers to the credit balance maintained by the Customer with the Parent.

    (2) "Agreement" refers to this Customer Master Agreement alongwith all its appendices, extensions and amendments at any given point in time.

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

    (4) "Clear Balance" refers to credit in the Customer Advance Account after deducting any accrued liabilities, Locked Funds and debited amounts.

    (5) "Confidential Information", as used in this Agreement shall mean all data, information and materials including, without limitation, computer software, data, information, databases, protocols, reference implementation, documentation, functional and interface specifications, provided by Parent to the Customer under this Agreement, whether written, transmitted, oral, through the Parent Website or otherwise, that is marked as Confidential.

    (6) "Customer Contact Details" refers to the Contact Details of the Customer as listed in the OrderBox Database

    (7) "Customer Control Panel" refers to the set of Web-based interfaces provided by the Parent and its Service Providers to the Customer which allows him to Manage Orders

    (8) "Customer Product Agreement Extension" refers to the latest version of a Specific Customer Product Agreement Extension as posted in the Customer Control Panel or on the Parent Website.

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

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

    (11) "OrderBox Servers" refer to Machines / Servers that Parent or its Service Providers maintain to fulfill services and operations of the OrderBox

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

    (13) "Order" refers to a Parent Product purchased by the Customer having a unique Order ID in the OrderBox Database.

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

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

    (16) "Parent Website" refers to demo.domainnames.com.au

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

    2. CUSTOMER PRODUCT AGREEMENT EXTENSIONS

    (1) The Customer may purchase various Parent Products in the course of their relationship with Parent under this Agreement, by submitting to Parent, in a form and manner prescribed by Parent, one or more Customer Product Agreement Extensions, which shall then be included as a part of this Agreement.

    (2) Any conflicting definitions, terms and conditions in a Customer Product Agreement Extension shall take precedence over the same definition, terms and conditions in this Agreement, and shall be applied only to that Customer Product Agreement Extension.

    3. OBLIGATIONS OF PARENT

    Parent shall make available the latest versions of this Agreement and Customer Product Agreement Extensions in the Customer Control Panel or on the Parent Website.

    4. OBLIGATIONS OF THE CUSTOMER

    (1) The Customer acknowledges that in the event of any dispute and/or discrepancy concerning any data element of an Order or the Customer in the OrderBox Database, the data element in the OrderBox Database records shall prevail.

    (2) The Customer acknowledges that all information of the Customer in the OrderBox, including authentication information is accessible to Parent and its Service Providers

    (3) The Customer shall comply with all terms or conditions established by Parent and/or its Service Providers from time to time.

    (4) The Customer agree to provide, maintain and update, current, complete and accurate information for all the data elements about the Customer in the OrderBox Database.

    (5) Customer acknowledges that Parent Products maybe obtained through Service Providers, and as such, changes in structure, or contracts may occur, and as a result services may be adversely affected. Customer acknowledges and agrees that Parent shall not have any liability associated with any such.

    (6) During the term of this Agreement and for three years thereafter, the Customer shall maintain the following records relating to its dealings with Parent and their Agents or Authorized Representatives:-

    (1) In electronic, paper or microfilm form, all written communications with respect to Parent Products.

    (2) In electronic form, records of the accounts of all, current / past Orders with the Customer, including dates and amounts of all payments, discount, credits and refunds.

    The Customer shall make these records available for inspection by Parent upon reasonable notice not exceeding 14 days.

    5. REPRESENTATIONS AND WARRANTIES

    Parent and Customer represent and warrant that:-

    (1) they have all requisite power and authority to execute, deliver and perform their obligations under this Agreement;

    (2) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against the Reseller and Parent in accordance with its terms;

    (3) The execution, delivery, and performance of this Agreement and the consummation by Parent and the Reseller of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:-

    (1) any provision of law, rule, or regulation;

    (2) any order, judgment, or decree;

    (3) any provision of corporate by-laws or other documents; or

    (4) any agreement or other instrument.

    (4) the execution, performance and delivery of this Agreement has been duly authorized by the Customer and Parent;

    (5) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby;

    The Customer represents and warrants that:

    (1) the Customer has read and understood every clause of this Agreement

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

    (3) the Customer is eligible, to enter into this Contract according to the laws of his country

    6. RIGHTS OF PARENT AND SERVICE PROVIDERS

    (1) Parent and Service Providers may change any information, including Authentication Information of the Customer in the OrderBox Database upon receiving authorization from the Customer in any form as maybe prescribed by Parent from time to time.

    (2) Parent and Service Providers may provide/send any information in the OrderBox Database, about the Customer, including Authentication information

    (1) to the Customer Contact Details

    (2) to any authorised representative, agent, contractee, employee of the Customer upon receiving authorization in any form as maybe prescribed by Parent from time to time

    (3) to the Service Providers

    (3) Parent and Service Providers in its own discretion can at any point of time temporarily or permanently cease to sell a Parent Product

    (4) Parent reserves the right to change pricing, minimum order levels, and discounts,  of any Parent Product , at any time.

    (5) Parent and Service Providers, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Parent may refund the fees charged for the Order, after deducting any processing charges for the same.

    (6) Parent and Service Providers, in their sole discretion, without notice, expressly reserve the right to modify, upgrade, freeze the OrderBox, and its associated Services.

    (7) Notwithstanding anything to the contrary, Parent and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, access, delete, suspend, deny, cancel, modify, intercept and analyze traffic of, copy, backup, access data of, redirect, log usage of, monitor, limit access to, limit access of, take ownership of or transfer any Order, or to delete, suspend, freeze, modify OrderBox Users' access to OrderBox, or to modify, upgrade, suspend, freeze OrderBox, or to publish, transmit, share data in the OrderBox Database with any person or entity, or to contact any entity in the OrderBox Database, in order to recover any Payment from the Customer for any service rendered by the Parent including services rendered outside the scope of this agreement for which the Customer has been notified and requested to remit payment, or to correct mistakes made by Parent or its Service Providers in processing or executing an Order, or incase of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or incase of Termination of this Agreement, or if Parent learns of any such event which Parent reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Parent Products and the OrderBox, or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in compliance with any agreements executed by Parent, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Customer and/or its Agents or any other authorised representatives of the Customer violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, or Parent learns of the possibility of any such violation, or authorisation from the Customer in any manner that Parent deems satisfactory, or for any appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.

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

    (9) Parent has the right to rectify any mistakes in the data in the OrderBox Database with retrospective effect.

    7. TERM OF AGREEMENT AND RENEWAL

    The term of this Agreement shall be 1 (ONE) YEAR from the Effective Date and will automatically renew for successive 1 (ONE) YEAR Renewal Term (hereinafter referred to each a "Renewal Term" and cumulatively the "Term"). The Term shall continue until the earlier to occur of the following:

    (1) the Agreement is terminated as provided for in Section 8 (TERMINATION OF AGREEMENT); and

    (2) The Customer elects not to renew at the end of the Initial Term or any Renewal Term.

    8. TERMINATION OF AGREEMENT

    (1) Either Party may terminate this Agreement and/or any Customer Product Agreement Extension at any time by

    (1) giving a 30 (Thirty) days notice of termination delivered as per Section 26 (NOTICE).

    (2) With immediate effect, if the other Party is adjudged insolvent or bankrupt, or if proceedings are instituted by or against a Party seeking relief, reorganization or arrangement or compromise or settlement under any laws relating to insolvency, or seeking any assignment for the benefit of creditors, or seeking the appointment of a receiver, liquidator or trustee of a Party's property or assets or the liquidation, dissolution or winding up of a Party's Business.

    (2) Parent may Terminate this Agreement and/or any Customer Product Agreement Extension by notifying the Customer in writing, as of the date specified in such notice of termination under the following circumstances

    (1) In the event that the Customer or an Agent / Employee / Authorized Representative of the Customer materially breaches any term of this Agreement and/or any Customer Product Agreement Extension, including any of its representations, warranties, covenants and agreements hereunder

    (2) There was a material misrepresentation and/or material inaccuracy, and/or materially misleading statement in Customer's Application to Parent and/or any material accompanying the application.

    (3) With immediate effect if :-

    (1) the Customer is convicted of a felony or other serious offense related to financial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that Parent reasonably deems as the substantive equivalent of any of these; or

    (2) the Customer is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others.

    (3) as provided for in Appendix 'A' and Appendix 'C'

    (4) if Any officer or director of the Customer is convicted of a felony or of a misdemeanor related to financial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that Parent deems as the substantive equivalent of any of these;

    (3) Customer may Terminate this Agreement and/or any Customer Product Agreement Extension by notifying Parent in writing, as of the date of receipt of such notice, in the event that the Customer does not agree with any revision to the Agreement or any Customer Product Agreement Extension made as per Section 14 (RIGHT TO SUBSTITUTE UPDATED AGREEMENT AND Customer Product Agreement EXTENSIONS) within 30 days of such revision.

    (4) Any Product Agreement Extension shall terminate with immediate effect in the event that

    (1) Parent ceases to sell the particular Parent Product covered under that Product Agreement Extension

    (2) Parents contract with Service Provider for  the particular Parent Product terminates or expires without renewal

    (5) Effect of Termination of this Agreement

    (1) Parent shall suspend all OrderBox Users' access to the OrderBox, Parent Servers and all Parent Products and Services, under this agreement and all Customer Product Agreement Extensions, immediately upon receiving Termination notice from the Customer or upon learning of any event, which Parent reasonably determines, would lead to Termination of the Agreement.

    (2) Upon expiration or termination of this Agreement, all Customer Product Agreement Extensions signed by the Customer shall deemed to have been Terminated with immediate effect

    (3) Upon expiration or termination of this Agreement, Parent may complete the processing of all Orders requested to be processed, in the order that they were requested to be processed, by the Customer prior to the date of such expiration or termination, provided that the Customer's Advance Account with Parent has Clear Balance sufficient to carry out these Orders. If Parent is unable to fulfill these Orders then the charges levied to the Customer for these Orders will be reversed

    (6) Effect of Termination of any Customer Product Agreement Extension

    (1) Parent may suspend OrderBox Users' access to applicable Parent Products and Services , and the OrderBox immediately upon receiving Termination notice from the Customer or upon learning of any event, which Parent reasonably determines, would lead to Termination of any Customer Product Agreement Extension

    (2) Upon expiration or termination of any Customer Product Agreement Extension, Parent may complete the processing of all Orders, of that Parent Product, in the order that they were requested to be processed, by the Reseller prior to the date of such expiration or termination, provided that Parent is in a position to fulfill these Orders, and the Customer's Advance Account with Parent has Clear Balance sufficient to carry out these Orders. If Parent is unable to fulfill these Orders then the charges levied to the Customer for these Orders will be reversed

    (3) Parent may transfer all Orders falling under the purview of the specific Customer Product Agreement Extension to another Customer or Parent.

    (7) Any pending balance due from the Customer at the time of termination of this Agreement or any Customer Product Agreement Extension will be immediately payable.

    (8) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement or any Customer Product Agreement Extension in accordance with its terms, unless specified otherwise.The Customer however shall be liable for any damage arising from any breach by it of this Agreement or any Customer Product Agreement Extension.

    9. FEES / RENEWAL

    (1) Customer shall pay all applicable fees/advances as per the Payment Terms and Conditions set out in Appendix 'C'

    (2) Parent will charge a non-refundable fee for an Order unless stated otherwise in any Product Agreement Extension. The applicable fees will be displayed in the Customer Control Panel or on the Parent Website and during the Ordering Process. Parent has the right to revise this pricing at anytime. Any such revision or change will be binding and effective immediately on posting of the revision in the Customer Control Panel or on the Parent Website or on notification to the Customer via email to the Customer.

    (3) Customer acknowledges that it is the Customer's responsibility to keep records and maintain reminders regarding the expiry of any Order. As a convenience to the Customer, and not as a binding commitment, we may notify the Customer of any expiring Orders, via an email message sent to the contact information associated with the Customer in the OrderBox database. Should renewal fees go unpaid for an Order, the Order will expire.

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

    (5) Parent at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.

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

    10. LIMITATION OF LIABILITY

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

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

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

    (2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS;

    (3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;

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

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

    (6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.

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

    BOTH PARTIES ACKNOWLEDGE THAT THE CONSIDERATION AGREED UPON BY THE PARTIES IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF THE PARENT RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT PAID TO PARENT BY THE CUSTOMER DURING THE MOST RECENT THREE (3) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.

    11. INDEMNIFICATION

    (1) The Customer, at their own expense, will indemnify, defend and hold harmless, Parent, Service Providers, and the contactors, employees, directors, officers, representatives, agents and affiliates, of Parent, and Service Providers, against any claim, suit, action, or other proceeding brought against Parent or Service Providers based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Parent Products provided hereunder or use of the Parent Products, including without limitation:-

    (1) infringement by either the Customer, or someone else using a Parent Product with the Customer's computer, of any intellectual property or other proprietary right of any person or entity

    (2) arising out of any breach by the Customer of this Agreement.

    (3) relating to or arising out of any Order or use of any Order

    (4) relating to any action of Parent as permitted by this Agreement

    (5) relating to any action of Parent carried out on behalf of Customer as described in this Agreement

    (2) Parent will not enter into any settlement or compromise of any such indemnifiable claim without Customer's prior written consent, which shall not be unreasonably withheld.

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

    12. INTELLECTUAL PROPERTY

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

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

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

    13. OWNERSHIP AND USE OF DATA

    (1) Customer agrees and acknowledges that Parent owns all data, compilation, collective and similar rights, title and interests worldwide in the OrderBox Database, and all information and derivative works generated from the OrderBox Database.

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

    14. DELAYS OR OMISSIONS; WAIVERS

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

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

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

    15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT

    (1) During the period of this Agreement, the Customer agrees that Parent may:-

    (1) revise the terms and conditions of this Agreement; and

    (2) change the services provided under this Agreement

    (2) Any such revision or change will be binding and effective immediately on posting of the revision in the Customer Control Panel or on the Parent Website

    (3) The Customer agrees to review the Customer Control Panel and Parent Website including the agreements, periodically, to be aware of any such revisions

    (4) If the Customer does not agree with any revision, the Customer may terminate this Agreement according to Section 8(3) of this Agreement

    (5) The Customer agrees that, continuing use of the services under this Agreement following notice of any revision, will constitute as an acceptance of any such revisions or changes

    (6) The Customer shall execute, in a form and manner prescribed by Parent, a supplementary agreement incorporating the amendments to or revisions of the Agreement and/or Customer Product Agreement Extension

    (7) The length of the term of the substituted agreement will be calculated as if it is commenced on the date the original Agreement began and the original Agreement will be deemed terminated.

    (8) It will be the Customer's responsibility to communicate any changes in the agreement and any obligations/duties covered by these changes to the Customer's Agents / Employees / Authorised Representatives.

    16. CONFIDENTIALITY

    All Confidential Information shall be governed by the Confidentiality Agreement as attached in Appendix 'B'.

    17. PUBLICITY

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

    The Customer gives Parent the right to recommend / suggest the Customer's name and details to Customers / Visitors to the Parent Website, and Prospective Customers and use the Customer's name in marketing / promotional material with regards to Parent Products.

    18. TAXES

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

    19. FORCE MAJEURE

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

    20. ASSIGNMENT / SUBLICENSE

    Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties. The Customer shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person(s)/party without the prior written consent of the Parent.

    21. CUSTOMER - CUSTOMER TRANSFER

    (1) Parent may transfer the Order of the Customer to another Person, Organisation or any other Legal entity under the following circumstances:-

    (1) Authorization from the Customer and/or their Agent or Authorized Representative in a manner prescribed by Parent from time to time;

    (2) On receiving orders from a competent Court, Law Enforcement Agency, or recognized Regulatory body;

    (3) Breach of Contract;

    (4) Termination of this Agreement;

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

    (2) In the above circumstances the Customer shall extend full cooperation to Parent in transferring the Order of the Customer.

    22. DISCLAIMER

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

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

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

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

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

    23. JURISDICTION & ATTORNEY'S FEES

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

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

    24. MISCELLANEOUS

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

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

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

    (4) This Agreement shall inure to the benefit of and be binding upon Parent and the Customer as well as all respective successors and permitted assigns.

    (5) Survival: In the event of termination of this Agreement for any reason, Sections 1, 4, 6, 8(5), 8(6), 8(7), 8(8), 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23, 24(3), 24(5), 24(7), 24(11), 25(2) and all Sections of Appendix A, and all Sections of Appendix B, and all Sections of Appendix C and any Sections covered separately under a Survival clause in any Customer Product Agreement Extension shall survive..

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

    (7) The Customer, Parent, and its Service Providers are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the parties.

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

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

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

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

    (12) This agreement may be executed in counterparts.

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

    (14) Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in the city of the Registered office of the Parent

    25. BREACH

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

    (1) Parent can immediately, without any notification and without assigning any reasons, suspend / terminate the OrderBox Users' access to all Parent Products and Services and the OrderBox.

    (2) The Customer will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.

    26. NOTICE

    (1) Any notice or other communication required or permitted to be delivered to Parent under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to Parent's contact address specified in the Customer Control Panel or on the Parent Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:30 hours local time, and otherwise on the next Business Day.

    (2) Any notice or other communication to be delivered to Parent via email under this agreement shall be deemed to have been properly delivered if sent to its Legal Contact mentioned in the Customer Control Panel or on the Parent Website.

    (3) Any notice or other communication required or permitted to be delivered to the Customer under this Agreement shall be deemed properly delivered, given and received when delivered to email address or contact address of the Customer in the OrderBox Database.

    (4) Other than those notices mentioned in this agreement, Parent is NOT required to communicate with the Customer in any respect about services provided under this agreement. As a convenience to the Customer, Parent may proactively send notices about aspects with regards to services rendered under this Agreement, however these notices may be discontinued by Parent at anytime.

    APPENDIX 'A'

    ACCEPTABLE USAGE POLICIES

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

    1. ACCESS TO OrderBox

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

    (2) Parent may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the OrderBox from time to time.

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

    (4) Parent is not responsible for any action in the OrderBox by a OrderBox User

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

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

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

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

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

    (10) Parent shall not be liable for any damages due to downtime or interruption of OrderBox for any duration and any cause whatsoever.

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

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

    2. Terms of USAGE OF OrderBox

    (1) Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the OrderBox or an Order, directly or indirectly, in violation of any federal, state or local rule, regulation or law, or for any unlawful purpose, or in a manner injurious to Parent, Service Providers or their Resellers, Customers and OrderBox Users, or their reputation, including but not limited to the following activities -

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

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

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

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

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

    (6) Harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Parent

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

    (8) Pointing to or otherwise directing traffic to, directly or indirectly, any material that, in the sole opinion of Parent, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Parent, to be threatening or obscene or inappropriate

    (9) Engaging in or solicit illegal activities, or to conduct any other activity that infringes the rights of Parent, Service Providers or any other third party

    (10) Making foul or profane expressions, or impersonating another person with fraudulent or malicious intent, or to annoy, abuse, threaten, or harass that person

    (11) Transmitting Unsolicited Commercial e-mail (UCE)

    (12) Transmitting bulk e-mail

    (13) Being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist

    (14) Posting bulk Usenet/newsgroup articles

    (15) Denial of Service attacks of any kind

    (16) Excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Parent in its sole discretion

    (17) Copyright or trademark infringement

    (18) Unlawful or illegal activities of any kind

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

    (20) Causing lossage or creating service degradation for other users whether intentional or inadvertent.

    (21) Distributing chain letters

    (22) Sending large or multiple files or messages to a single recipient with malicious intent

    (23) Cross-posting articles to an excessive number of, or inappropriate, newsgroups, forums, mailing lists or websites

    (24) Phishing (identity theft), pharming, distribution of virus or malware, child pornography, Fast Flux techniques, running Botnet command and control, network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution

    (25) Referencing an OrderBox provided service or an Order within a spam email

    (26) Hosting, transmitting, providing, publishing, or storing illegal content, including but not limited to the following material, information, messages, data or images:

    (1) libelous or defamatory content

    (2) content that violates any privacy right

    (3) content which threatens physical harm or property damage

    (4) content which is obscene, pornographic, salacious, explicitly erotic or offensive

    (5) content that violates applicable intellectual property laws or regulations, including but not limited to, the transmission of copyrighted material or trade secrets and the infringement of patents and trademarks

    (6) content which violates any export, re-export or import laws and regulations of any jurisdiction

    (7) hacker programs or archives, "warez", passwords or "cracks"

    (8) internet relay chat servers ("IRCs") IRC bots

    (9) any content which Parent in its sole discretion determines as illegal, unlawful, or otherwise inappropriate

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

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

    1. To perform services contemplated under this agreement; and

    2. To communicate with Parent on any matter pertaining to Parent or its services

    (3) Data in the OrderBox Database cannot specifically be used for any purpose listed below :-

    1. Mass Mailing or SPAM; and

    2. Selling the data

    APPENDIX 'B'

    CONFIDENTIALITY

    Customer's use and disclosure of Confidential Information is subject to the following terms and conditions:-

    (1) With respect to the Confidential Information, the Customer agree that:

    (1) The Customer shall treat as strictly confidential, and use all reasonable efforts, including implementing reasonable physical security measures and operating procedures, to preserve the secrecy and confidentiality of, all Confidential Information received from Parent.

    (2) The Customer shall make no disclosures whatsoever of any Confidential Information to others, provided however, that if the Customer are a corporation, partnership, or similar entity, disclosure is permitted to the their officers and employees who have a demonstrable need to know such Confidential Information, provided that the Customer shall advise such personnel of the confidential nature of the Confidential Information and of the procedures required to maintain the confidentiality thereof; and

    (3) The Customer shall not modify or remove any confidentiality legends and/or copyright notices appearing on any Confidential Information of Parent.

    (2) The obligations set forth in this Appendix shall be continuing, provided, however, that this Appendix imposes no obligation upon the Customer with respect to information that:

    (1) is disclosed with Parent's prior written approval; or

    (2) is or has entered the public domain in its integrated and aggregated form through no fault of the receiving party; or

    (3) is known by the Customer prior to the time of disclosure in its integrated and aggregated form; or

    (4) is independently developed  by the Customer without use of the Confidential Information; or

    (5) is made generally available by Parent without restriction on disclosure.

    (3) In the event the Customer is required by law, regulation or court order to disclose any of Parent's Confidential Information, the Customer will promptly notify Parent in writing prior to making any such disclosure in order to facilitate Parent seeking a protective order or other appropriate remedy from the proper authority, at the Customer' expense. The Customer agree to cooperate with Parent in seeking such order or other remedy. The Customer further agree that if Parent is not successful in precluding the requesting legal body from requiring the disclosure of the Confidential Information, it will furnish only that portion of the Confidential Information, which is legally required.

    (4) In the event of any termination of this Agreement, all Confidential Information, including all copies, partial copies of Confidential Information, copied portions contained in derivative works, in the Customer' possession shall be immediately returned to Parent or destroyed. Within 30 (Thirty) days of termination of this Agreement, the Customer will certify in writing, to Parent the Customer' compliance with this provision.

    (5) The Customer shall provide full voluntary disclosure to Parent of any and all unauthorized disclosures and/or unauthorized uses of any Confidential Information; and the obligations of this Appendix shall survive such termination and remain in full force and effect.

    (6) The Customer duties under this Appendix shall expire five (5) years after the information is received or earlier, upon written agreement of the parties.

    (7) The Customer agrees that Parent shall be entitled to seek all available legal and equitable remedies for the breach by either of the Customer of all of these clauses in this Appendix at the cost of the Customer.

    APPENDIX 'C'

    PAYMENT TERMS AND CONDITIONS

    1. ADVANCE ACCOUNT

    (1) Prior to purchasing any Parent Products, the Customer shall maintain an Advance Account with Parent.

    (2) As and when, the Customer purchases Parent Products, the Customer's Advance Account balance shall be reduced as per the then current pricing of that Parent Product as mentioned in the Customer Control Panel or on the Parent Website or during the ordering process.

    (3) Parent shall maintain a record of Customer's Advance Account balance, which shall be accessible by the Customer. If the Customer's Advance Account balance is insufficient for processing any Order then that Order may not be processed.

    (4) The Advance Account will maintain the Customer Credit in both the Accounting Currency and Selling Currency of the Parent's choice. Parent has the right to modify the currency at anytime.

    (5) Any negative balance in the Customer's Advance Account will be immediately payable. If a Customer does not remedy a negative balance in their account within 24 hours, Parent has the right to terminate this agreement with immediate effect and without any notice. Upon such termination or otherwise Parent shall continue to have the right to initiate any legal proceedings against the Customer to recover any negative balance in the Customer's Advance Account.

    (6) Parent shall have the right to set-off any payment received from the Customer, or Sub-Customer, or Lower Tier Sub-Customer, or Customer against any negative balance in the Customer's Advance Account.

    (7) Any discrepancy, mistake, error in the credit / debit / amount in the Customer Transactions / Advance Account maybe corrected by Parent at anytime

    2. PAYMENT TERMS

    (1) Parent will accept payments from the Customer only by means specified in the Customer Control Panel

    (2) Parent will credit all payments received to the Customers Advance Account after deducting all bank charges, processing charges and any other charges which Parent may choose to levy upon its sole discretion, within reasonable time of receiving the credit in Parent's Account. The exchange rate will be determined by Parent through a reasonable source. The exchange rate determined by Parent shall be undisputable.

    (3) It is the Customer's responsibility to provide the Customer Username to Parent to be credited for the payment. The absence of the Customer Username along with reasonable information will delay the corresponding credit to the Advance Account.

    (4) In the event that the Customer charges back a payment made via Credit Card or the payment instrument sent by the Customer bounces due to Lack of Funds or any other Reason, then

    (1) Parent may immediately suspend OrderBox Users' access to the OrderBox

    (2) Parent has the right to terminate this agreement with immediate effect and without any notice.

    (3) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders placed by the Customer, as well as stop / suspend / delete / transfer any Orders currently being processed.

    (4) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all Orders placed by the Customer to any other Customer, or under Parent's account.

    (5) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same.

    (6) Any negative balance in the Customers Advance Account shall become immediately payable

    (7) Parent shall have the right to initiate any legal proceedings against the Customer to recover any such liabilities.

    3. PRICING TERMS

    (1) All pricing in this Agreement as well as every Customer Product Agreement Extension refers to the price at which the Customer may Purchase the corresponding Parent Product. This is excluding taxes, surcharges or any other costs.

    (2) Parent may at any time change the price of any Parent Product with reasonable notification to the Customer.

    4. REFUNDS AND REIMBURSEMENT TERMS

    (1) All Clear Balance pending in the Advance Account maybe reimbursed fully to the Customer, on request of the Customer. Such Request must be sent to Parent in the manner prescribed by Parent.

    (2) All bank charges applicable and a reasonable processing fee will be deducted from this amount. All Refunds and Reimbursements will take up to 14 Business Days from the date of receipt of the request, to process.

    (3) Parent will not be responsible for any differences in the reimbursement amount due to Fluctuation in International Currency rates. Parent will determine in its sole discretion appropriate conversion rates for currency exchange

    (4) Parent will not refund any amount that has already been debited to the Customers Advance Account under any circumstances.

  • Registrant Agreement For Domain Names arrow-open arrow-close

    This represents the Agreement between the Registrant (Owner) of a Domain Name and the Registrar. If you register a domain name through us, this Agreement will apply to the person whose information you filled in the Owner section during the Registration process.

    This Domain Registrant Agreement (hereinafter referred to as the "Agreement") between you ("you", "your" or "Registrant") and the Registrar of the Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward (the "Order") that you have registered/reserved through or transferred to Registrar, sets forth the terms and conditions of Registrar's domain name registration service and other associated services as described herein.

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

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

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

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

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

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

    1. DEFINITIONS

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

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

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

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

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

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

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

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

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

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

    (11) "Registrar Website" refers to the website of the Registrar.

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

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

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

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

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

    2. OBLIGATIONS OF THE REGISTRANT

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

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

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

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

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

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

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

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

    (2) in electronic form, records of the accounts of the Order, including dates and amounts of all payments, discount, credits and refunds.

    The Registrant shall make these records available for inspection by Registrar upon reasonable notice not exceeding 14 days.

    3. REPRESENTATIONS AND WARRANTIES

    Registrar and Registrant represent and warrant that:

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

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

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

    (1) any provision of law, rule, or regulation;

    (2) any order, judgment, or decree;

    (3) any provision of corporate by-laws or other documents;

    (4) any agreement or other instrument.

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

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

    The Registrant represents and warrants that:

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

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

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

    4. RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS

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

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

    (1) to the Registrant;

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

    (3) to the Customer, Resellers, Service Providers and Registry Operator;

    (4) to anyone performing a Whois Lookup for the Order.

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

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

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

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

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

    5. DISPUTE PROCESS

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

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

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

    6. TERM OF AGREEMENT / RENEWALS

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

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

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

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

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

    (6) This Agreement shall terminate immediately in the event:

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

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

    (3) Registry Operator ceases to be the Registry Operator for the particular TLD;

    (4) of Registrant-Registrant Transfer as per Section 8;

    (5) of Registrar-Registrar Transfer as per Section 9.

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

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

    7. FEES / RENEWAL

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

    8. REGISTRANT - REGISTRANT TRANSFER

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

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

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

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

    (4) for fulfillment of a decision in a domain dispute resolution;

    (5) breach of Contract;

    (6) termination of this Agreement;

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

    (2) Registrant acknowledges that Registrar cannot verify the authenticity of any information, authorization or instructions received in Section (8)(1). Upon receiving such authorization that Registrar in its absolute unfettered and sole discretion deems to be genuine, Registrar may transfer the Order. Registrar cannot be held liable for any such transfer under any circumstance including but not limited to fraudulent or forged authorization received by Registrar.

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

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

    9. REGISTRAR-REGISTRAR TRANSFER

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

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

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

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

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

    (1) a dispute over the identity of the domain name holder;

    (2) bankruptcy; and default in the payment of any fees;

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

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

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

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

    (7) any other circumstance described in this Agreement;

    (8) for any other appropriate reason;

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

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

    10. LIMITATION OF LIABILITY

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

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

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

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

    (3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;

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

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

    (6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.

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

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

    11. INDEMNIFICATION

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

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

    (2) arising out of any breach by the Registrant of this Agreement;

    (3) arising out of, or related to, the Order or use of the Order;

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

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

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

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

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

    12. INTELLECTUAL PROPERTY

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

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

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

    13. OWNERSHIP AND USE OF DATA

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

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

    14. DELAYS OR OMISSIONS; WAIVERS

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

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

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

    15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT

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

    (1) revise the terms and conditions of this Agreement; and

    (2) change the services provided under this Agreement

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

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

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

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

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

    16. PUBLICITY

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

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

    17. TAXES

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

    18. FORCE MAJEURE

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

    19. ASSIGNMENT / SUBLICENSE

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

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

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

    20. NO GUARANTY

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

    21. DISCLAIMER

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

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

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

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

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

    22. JURISDICTION & ATTORNEY'S FEES

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

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

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

    23. MISCELLANEOUS

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

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

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

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

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

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

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

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

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

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

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

    (12) This agreement may be executed in counterparts.

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

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

    24. BREACH

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

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

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

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

    25. NOTICE

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

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

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

    APPENDIX 'A'

    TERMS AND CONDITIONS OF ORDERBOX USAGE

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

    1. ACCESS TO OrderBox

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

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

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

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

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

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

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

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

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

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

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

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

    2. Terms of USAGE OF ORDERBOX

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

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

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

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

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

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

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

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

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

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

    (1) transmitting Unsolicited Commercial e-mail (UCE);

    (2) transmitting bulk e-mail;

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

    (4) posting bulk Usenet/newsgroup articles;

    (5) Denial of Service attacks of any kind;

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

    (7) copyright or trademark infringement;

    (8) unlawful or illegal activities of any kind;

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

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

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

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

    (1) to perform services contemplated under this agreement; and

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

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

    (1) Mass Mailing or SPAM; and

    (2) selling the data.

    APPENDIX 'B'

    PAYMENT TERMS AND CONDITIONS

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

    (2) In the event that a payment made via Credit Card or the payment instrument sent by the Customer or Reseller bounces due to Lack of Funds or any other Reason, then

    (1) Registrar may immediately suspend OrderBox Users' access to the OrderBox

    (2) Registrar has the right to terminate this agreement with immediate effect and without any notice.

    (3) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders placed of the Registrant as well as stop / suspend / delete / transfer any Orders currently being processed.

    (4) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all Orders placed by the Registrant to another Customer, or under Registrar's account.

    (5) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same.

    (6) Registrar shall have the right to initiate any legal proceedings against the Registrant to recover any such liabilities.

    APPENDIX 'C'

    .COM/.NET/.ORG SPECIFIC CONDITIONS

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

    1. PROVISION OF REGISTRATION DATA

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

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

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

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

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

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

    2. DOMAIN NAME DISPUTE POLICY

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

    APPENDIX 'D'

    .BIZ SPECIFIC CONDITIONS

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

    1. CONDITIONS FOR .BIZ REGISTRATIONS

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

    (1) to exchange goods, services, or property of any kind;

    (2) in the ordinary course of trade or business; or

    (3) to facilitate:

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

    (2) the ordinary course of trade or business.

    (2) Registering a domain name solely for the purposes of

    (1) selling, trading or leasing the domain name for compensation, or

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

    2. CERTIFICATION FOR .BIZ REGISTRATIONS

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

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

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

    3. PROVISION OF REGISTRATION DATA

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

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

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

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

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

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

    4. DOMAIN NAME DISPUTE POLICY

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

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

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

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

    The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name with any third party (other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associat

    MANDATORY TERMS AND CONDITIONS FOR .AU DOMAIN NAMES

    1. REGISTRANT WARRANTIES

    The registrant makes, and is taken to make, the following warranties to the registrar and to auDA, when applying to register or renew the registration of a domain name:

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

    1.2 the registrant meets, and will continue to meet, the eligibility criteria prescribed in auDA Published Policies for the domain name for the duration of the domain name licence;

    1.3 the registrant has not previously submitted an application for the domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application;

    1.4 the registrant is aware that even if the domain name is accepted for registration, the registrant's entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name; and

    1.5 the registrant is aware that auDA or the registrar can cancel the registration of the domain name (that is, the domain name licence) if any of the warranties set out above is found to be untrue, incomplete, incorrect or misleading.

    2. CONSENT TO USE REGISTRANT INFORMATION

    The registrant grants to:

    2.1 auDA - the right to publicly disclose to third parties, all information relating to the registered domain name in accordance with auDA Published Policies;

    2.2 the registrar - the right to disclose to the registry operator, all information which are reasonably required by the registry operator in order to register the domain name in the registry database; and

    2.3 the registry operator - the right to publicly disclose to third parties, all information relating to the registered domain name to enable the registry operator to maintain a public WHOIS service,

    provided that such disclosure is consistent with:

    2.4 the National Privacy Principles; and

    2.5 auDA Published Policies.

    3. REGISTRANT DATA

    3.1 Throughout the term of the domain name licence, the registrant must give notice to the registry operator, through the registrar, of any change to any information in the registrant data relating to the domain name.

    3.2 The registrant accepts that its failure to comply with this requirement may lead to the cancellation of the domain name licence.

    4. RENEWAL OF DOMAIN NAME LICENCE

    4.1 The registrant may apply to renew the domain name licence when the licence period expires, provided that it:

    4.1.1 pays the applicable renewal fees; and

    4.1.2 continues to meet the eligibility criteria prescribed in the auDA Published Policies.

    4.2 The registrant accepts that it has the responsibility for ensuring that the domain name licence is renewed before the expiry date.

    5. auDA PUBLISHED POLICIES

    The registrant must comply with all auDA Published Policies. In the event of any inconsistency between any auDA Published Policy and the Registrant Agreement (with its registrar), then the auDA Published Policy will prevail to the extent of such inconsistency.

    6. REVOCATION OF LICENCE

    auDA may, at its discretion, cancel the registration of a .au domain name, or revoke a licence to use a .au domain name:

    6.1 if the registrant breaches any auDA Published Policy; or

    6.2 in order to comply with a request of a law enforcement agency, or an order of a court, or under any applicable law, government rule or requirement, or under any dispute resolution process; or

    6.3 to protect the integrity and stability of the domain name system or the .au registry.

    7. LIMITATION OF LIABILITIES AND INDEMNITY

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

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

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

  • Customer Agreement for Domain Names arrow-open arrow-close

    This represents an addendum to the Customer Master Agreement between yourself and us for Domain Registration.

    DomainNames.com.au (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer")

    HAVE

    entered into a Customer Master Agreement ("Agreement") effective from the date of your order of which this "Domain Registration Product Agreement Extension" is a part.

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

    WHEREAS, the Customer wishes to purchase Registration and/or Management and/or Renewal and/or Transfer for the list of TLDs mentioned within APPENDIX 'B' through Parent;

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

    1. DEFINITIONS

    (1) "TLD" refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC, .MOBI, .ASIA, .ME, .TEL, .MN, .BZ, .CC, .TV, .CN, .NZ, .CO, .CA, .DE, .ES, .AU, .XXX ,  .RU, .PRO, .SX AND .PW

    (2) "gTLD" refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .TRAVEL, .COOP, .MOBI, .ASIA, .TEL, .XXX AND .PRO

    (3) "Domain Order" refers to an Order fulfilled by the Customer through the Parent under this Domain Registration Product Agreement Extension.

    (4) "Registrant" refers to the registrant/owner of a Domain Order as in the OrderBox Database.

    (5) "Registrar" refers to the Registrar of a Domain Order as in the OrderBox Database and/or shown in the Whois Record.

    (6) Registry Operator refers to the Organisation/Entity that maintains the registry of a TLD of a Domain Order.

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

    2. OBLIGATIONS OF THE CUSTOMER

    (1) The Customer must ensure that the Registrant of each Domain Order must agree to be bound by the terms and conditions laid out by the Registrar of the Domain Name during the term of the Domain Order. The Customer must familiarize himself with such terms. The Customer acknowledges that the Registrar has various rights and powers as mentioned in the Registrar's terms and conditions. Parent is not liable for any action taken by Registrar pursuant to the Registrar's terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Registrants' noncompliance with such terms and conditions.

    (2) The Customer will not make any changes to any information associated with the Domain Order without explicit authorization from the Registrant of that Domain Order.

    (3) The Customer must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN, the Registrar and the Registry Operator.

    3. RIGHTS OF PARENT

    Parent and Service Providers, in their sole discretion, expressly reserve the right to freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain Order, in order to comply with any applicable Dispute policies, requests of law enforcement, or in compliance with any Court Orders, or if Parent or Service Providers in their sole discretion determine that the information associated with the Domain Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Parent or Service Providers in their sole discretion determine that the Domain Order ownership should belong to another entity, or if Customer/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Parent, Service Providers, ICANN, the Registrar and the Registry Operator. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.

    4. SURVIVAL

    In the event of termination of this Product Agreement Extension for any reason, Sections 2 and 3 shall survive.

    APPENDIX 'A'

    PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS

    1. DESCRIPTION OF SERVICES

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

    2. IMPLEMENTATION DETAILS

    (1) Customer acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Parent, and

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

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

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

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

    (3) Customer understands that the Privacy Protection Service is only available for certain TLDs.

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

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

    (1) if Parent receives any abuse complaint for the privacy protected domain name, or

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

    (3) for the resolution of disputes concerning the domain name, or

    (4) any other reason that Parent in its sole discretion deems appropriate to switch off the Privacy Protection Services.

    3. OBLIGATIONS OF CUSTOMER

    Customer must ensure that the Registrant of each Domain Order must also acknowledge and agree to be bound by the following terms and conditions. The Customer acknowledges and agrees that the Customer shall indemnify Parent of, and shall be responsible for any liability resulting from Customer's nondisclosure of these terms to Registrant of Domain Order.

    4. INDEMNITY

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

    APPENDIX 'B'

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

        .COM, .NET (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .ORG (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .BIZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .INFO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .NAME and .NAME Defensive Registrations and .NAME Mail Forwards (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .US (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .IN (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .EU (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .UK (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

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

        .WS (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .COOP (through Registrar The Midcounties Co-operative Ltd)

        CentralNIC (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .MOBI (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .ASIA (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .ME (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .TEL (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .MN, .BZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .CC, .TV (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .CN (through Registrar Directi Web Services Pvt. Ltd)

        .NZ (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

        .CO (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

        .CA (through Registrar PublicDomainRegistry.com Inc)

        .DE (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

        .ES (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

        .AU (through Registrar Public Domain Registry Pty Ltd and TPP Wholesale Pty Ltd.)

        .RU (through Registrar RU-Center)

        .XXX (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .PRO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)

        .SX (through Registrar PDR Ltd.)

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

    APPENDIX 'C'

    VERISIGN MOBILEVIEW SERVICE SPECIFIC CONDITIONS

    1. DESCRIPTION OF SERVICES

    The Verisign MobileView Service creates a mobile-friendly version for your .COM and .NET website.

    2. IMPLEMENTATION DETAILS

    Registrant agrees that Verisign may store the following data elements about any MobileView-enabled domain name:

    (1) General Details (Company Name, Description and Company Logo);

    (2) Contacts (Phone, Email and Address);

    (3) Social (Facebook and Twitter URL);

    (4) Products (Product Name, Description, Price and Image);

    (5) Business Hours (Title and Hours of Operation);

    (6) Coupons (Name, Description, Disclaimer, Image, Start and End Date).

    (7) Usage information:

    (1) Number of hits for any given domain name;

    (2) User agent (where the request is coming from);

    (3) Crawling website to collect website information.

    3. DATA USAGE

    Registrant agrees and acknowledges the following terms of data usage by Verisign:

    (1) The data will be used to display to the end users and not used for any other internal purposes. This data is all publicly available on the internet and/or customer website.

    (2) Customer information is used to create and maintain accounts as well as contacting Customers in case of any problems with accounts, provide technical support, conduct surveys and other similar activities.

    (3) Verisign may use data for statistical analysis purpose to understand the Verisign MovileView adoption rate, trend by TLD's etc. in order to make improvements to our services.

    (4) Verisign may also use data collected under the IMPLEMENTATION DETAILS, in accordance with the terms of their privacy policy as set forth at http://www.verisigninc.com/en_US/privacy/index.xhtml.

    4. DATA RETENTION

    Registrant acknowledges that Verisign may retain some data that has been anonymized under the IMPLEMENTATION DETAILS, as well as retain statistical information derived from aggregated data, even after the MobileView Service has been cancelled.

    5. DATA TRANSFER

    Registrant acknowledges that Verisign may transfer data collected under the IMPLEMENTATION DETAILS across International boundaries.


  • Customer Agreement for Web Services arrow-open arrow-close

    This represents an addendum to the Customer Master Agreement between yourself and us for Domain / Mail Forwarding and Managed DNS.

    DomainNames.com.au (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer")

    HAVE

    entered into a Customer Master Agreement ("Agreement") effective from the date of your order of which this "Web Services Product Agreement Extension" is a part. 

    WHEREAS, Parent provides Domain Forwarding, Mail Forwarding, Managed DNS;

    WHEREAS, the Customer wishes to activate through Parent, Domain Forwarding or Mail Forwarding or Managed DNS Services;

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

    1. Customer Election. Customer hereby elects to activate Domain Forwarding or Mail Forwarding or Managed DNS through Parent.

    2. Parent's Acceptance. Parent hereby accepts Customer's election to activate Domain Forwarding or Mail Forwarding or Managed DNS through Parent.


  • Customer Agreement For Hosting arrow-open arrow-close

    This represents the Customer Agreement for Hosting.

    DomainNames.com.au (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer")

    HAVE

    entered into a Customer Master Agreement effective from the date of your order of which this "Customer Hosting Product Agreement Extension" is a part.

    WHEREAS Parent provides Web, Virtual Private Server (VPS) and Email Hosting Services;

    WHEREAS the Customer wishes to place an Order for Web, VPS and/or Email Hosting Services ("Hosting Order") through the Parent;

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

    1. Rights of Parent

    While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognises that the Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products and the OrderBox, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.

    2. Terms of Usage

    Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below -

    A. General Terms

    (1) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.

    (2) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.

    (3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.

    (4) Run any type of web spiders or indexers.

    (5) Run any software that interfaces with an IRC (Internet Relay Chat) network.

    (6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.

    (7) Participate in any P2P or file-sharing networks.

    (8) Use excessive resources which in the Parent's sole discretion result in damage or degradation to the performance, usage, or experience of OrderBox, other users, other orders, and any of Parent's services.

    (9) Use the email service for sending or receiving unsolicited emails.

    (10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.

    (11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.

    (12) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.

    (13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.

    (14) Run cron entries with intervals of less than 15 minutes.

    B. Web, Email Hosting Specific terms

    (1) As a backup/storage device.

    (2) Run any gaming servers.

    (3) Store over 100,000 files.

    (4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.

    (5) Run any MySQL queries longer than 15 seconds.

    (6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders may be used by only one company/Customer to host multiple domain names/websites.

    (7) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent's sole discretion.

    (8) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.

    (9) Purchase/use a Dedicated IP Address without installing an SSL Certificate.

    (10) Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder powered by Jigsy.com.


  • Customer Agreement for Digital Certificates arrow-open arrow-close

    This represents the Customer Agreement for Digital Certificates.

    DomainNames.com.au (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer")

    HAVE

    entered into a Customer Master Agreement ("Agreement") effective from the date of your order of which this "Digital Certificate Product Agreement Extension" is a part.

    WHEREAS, Parent sells digital certificates of Thawte;

    NOW, THEREFORE, Parent and the Customer, hereby agree as follows:

    1. Customer Election. Customer hereby elects to purchase Thawte digital certificates through Parent

    2. Parent's Acceptance. Parent hereby accepts Customer's election to purchase Thawte digital certificates through Parent.