NameShare: Global Connections. Personal Space.

nameshare.com : terms and conditions

This is an agreement between "you" and NameShare, Inc. ("NameShare") a United States Delaware Corporation based in the state of Massachusetts. This agreement explains the basis upon which the domain registration transactions between you and NameShare will take place and our responsibilities toward each other.

The term "you" shall refer to yourself. By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you've established with NameShare, whether or not the transactions were in your behalf.

To complete the registration process, you must read this entire agreement, as well as our dispute policy and agree to be bound by all the terms and conditions. You acknowledge that NameShare is a registrar bound by an agreement between NameShare and the Internet Corporation for Assigned Names and Numbers ("ICANN"). You also acknowledge that NameShare is a registrar bound by Registrar-Registry Agreements between NameShare and various Domain Name Registries,including but not limited to, Neustar, Inc., Verisign Inc., Afilias Inc., Neulevel Inc., Public Interest Registry, CNNIC, TWNIC, RegistryPro, Inc. and General Name Registry Ltd. You agree that NameShare may modify this agreement in order to comply with applicable law and the terms and conditions set forth by ICANN or any Domain Name Registry.

You acknowledge that NameShare's acceptance of any application made by you for services provided by NameShare will take place at NameShare's offices located in Woburn, Massachusetts, USA.

This document has the following sections:

FEES
TERM OF AGREEMENT; MODIFICATIONS
UP TO DATE INFORMATION; USE OF INFORMATION
DISPUTE RESOLUTION POLICY
TRANSFER OF DOMAIN NAMES; RESALE PRACTICES
SUSPENSION OF SERVICES; BREACH OF AGREEMENT
RESTRICTION OF SERVICES; RIGHT OF REFUSAL
LIMITATION OF LIABILITY
INDEMNITY
REPRESENTATIONS AND WARRANTIES
DISCLAIMER OF WARRANTIES
SEVERABILITY; ENTIRETY
VENUE; WAIVER OF TRIAL BY JURY
NOTICES
ADDITIONAL PROVISIONS SPECIFIC TO .COM, .NET, .ORG, and .CC REGISTRATIONS
ADDITIONAL PROVISIONS SPECIFIC TO .US REGISTRATIONS
ADDITIONAL PROVISIONS SPECIFIC TO .KIDS.US REGISTRATIONS
ADDITIONAL PROVISIONS SPECIFIC TO .INFO REGISTRATIONS
ADDITIONAL PROVISIONS SPECIFIC TO .BIZ REGISTRATIONS
ADDITIONAL PROVISIONS SPECIFIC TO .NAME REGISTRATIONS
ADDITIONAL PROVISIONS SPECIFIC TO ONE-YEAR .BIZ, .INFO, and .US REGISTRATIONS
ADDITIONAL PROVISIONS SPECIFIC TO .CN REGISTRATIONS
ADDITIONAL PROVISIONS SPECIFIC TO .PRO REGISTRATIONS
NameShare PARKING PAGES
ADDITIONAL PROVISIONS SPECIFIC TO .MOBI REGISTRATIONS

1. FEES

In consideration for the services and products ("service") purchased by you and provided to you by NameShare, you agree to pay NameShare at the time service is provided. Payment is to be made by you providing a valid credit card for charge by NameShare, and is non-refundable. If for any reason NameShare is unable to charge your credit card with the full amount owed NameShare for the service provided, or if NameShare is charged back for any fee it previously charged to the credit card you provided, you agree that NameShare may pursue all available remedies in order to obtain payment. You agree that among the remedies NameShare may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names registered or renewed on your behalf.

Domain Name Renewals. If you do not wish to renew a domain name, you agree to cancel your domain name by logging into your account and canceling the domain name through the Manage Your Account page. Email notification to NameShare will not constitute proper notice of your desire not to renew. In the absence of your affirmative cancellation of a domain name you do not wish to renew, NameShare will automatically renew, for a period of one year, any domain name that is up for renewal and will charge the credit card you have on file with NameShare, at NameShare's then current rates. Domain name renewals will be non refundable. If for any reason NameShare is not able to charge the credit card you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your credit card information current, including the expiration date.

2. TERM OF AGREEMENT; MODIFICATIONS

The term of this agreement shall continue in full force and effect as long as you have any domain name registered through NameShare. You agree that you will not transfer any domain name registered through NameShare to another domain name registrar during the first sixty (60) days from its initial registration date or during the first sixty (60) days from the effective date of a Registrar Transfer to NameShare.

You agree that NameShare may modify this agreement from time to time. NameShare may also discontinue services it provides under this agreement. You agree to be bound by any changes NameShare may reasonably make to this agreement when such changes become effective. Should you elect to cancel your agreement with NameShare you will not receive a refund for any fees you may have paid to NameShare.

You agree that NameShare shall not be bound by any representations made by third parties who you may use to purchase services from NameShare, and that any statements of a general nature, which may be posted on NameShare's web site or be contained in NameShare's promotional materials, will not bind NameShare.

3. UP TO DATE INFORMATION; USE OF INFORMATION

You agree to notify NameShare within thirty (30) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide NameShare with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by you, for whatever reason, to respond within thirty (30) business days to any inquiries made by NameShare to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement.

You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN or Registry Policy and may be sold in bulk as set forth in the applicable ICANN or Registry agreements:

The domain name
Your name and postal address
The email address, postal address, voice and fax numbers for technical and administrative contacts
The Internet protocol numbers for the primary and secondary name servers
The corresponding names of the name servers
The original date of registration and expiration date

You agree that, to the extent permitted by ICANN and/or the applicable Registry, NameShare may make use of the publicly available information you provided during the registration process.

If you engage in the reselling of domain names you agree to provide any individuals whose personal information you've obtained, information about the possible uses of their personal information pursuant to ICANN and/or the applicable Registry policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

Any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with theRegistered name. A Registrant licensing use of a Registered name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm.

Enforcement of Accurate Whois Data

NameShare shall accept written complaints from third parties regarding false and/or inaccurate Whois data of Registrants
No later than thirty (30) days after receipt of a written complaint, NameShare shall conduct an initial investigationinto the veracity and accuracy of the contact details. If NameShare determines that the information is false, inaccurate or not up to date, NameShare shall issue a letter to the Registrant via e-mail and regular first-class mail, stating that the information contained in the Registrant's Whois record may be false, inaccurate or not up to date.
The Registrant shall be required to update its contact information no later than thirty (30) calendar days from thedate of such notice. If, within thirty (30) days, Registrant can either (i) show that it has not provided false or inaccurate contact information or (ii) provide the updated Whois information, then the registrant will be allowed to maintain the domain name registration. If, however, after thirty (30) days, the registrant either does not respond to Registrar's notice or is unable to provide true and accurate contact information, the registrant shall be deemed to have breached its registration agreement and theregistrar shall be required to delete the registration.
NameShare shall not be required to refund any fees paid by the Registrant if NameShare terminates a Registrant's registrationagreement due to its enforcement of this provision.

4. DISPUTE RESOLUTION POLICY

You agree to be bound by NameShare's current Dispute Resolution Policy. This policy is incorporated herein and made a part of this agreement. The current dispute policy can be found at: http://www.NameShare.com/udrp.html.

You agree that NameShare may from time to time modify its Dispute Resolution Policy. NameShare will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining your domain name registrations with NameShare after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review NameShare's web site periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel your agreement with NameShare as a result of the modified Dispute Resolution policy no fees will be refunded to you.

You agree that if a dispute arises as a result of one or more domain names you have registered using NameShare, you will indemnify, defend and hold NameShare harmless as provided for in this agreement. You also agree that if NameShare is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using NameShare, that NameShare, in its sole discretion, may take whatever action NameShare deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold NameShare harmless for any action taken by NameShare.

5. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES

If you transfer any domain name you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement. You may view the current version of our Domain Transfer Agreement at: http://www.NameShare.com/html/transfer.shtml.

You agree to inform any customer of yours, who may be acquiring a domain name through you using NameShare's registration services, that they are in fact registering their domain name through NameShare and that NameShare is an accredited registrar with ICANN and the applicable Registry. You agree not to represent that you are an ICANN and/or the applicable Registry accredited registrar or that you are in any way providing superior access to the applicable Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your web site.

You agree to obtain each of your customers' acceptances of NameShare's then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customer's accept additional terms and conditions that are not required by NameShare, you agree that such additional terms and conditions shall not conflict with NameShare's Domain Registration Agreement and the policies and business procedures adopted by ICANN and/or the applicable Registry.

You agree that NameShare is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to NameShare's registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN and/or the applicable Registry requirements for inclusion in the Whois database.

You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within 5 business days, provide such information to NameShare so NameShare may update its registration records. You will retain copies of all communications between you and your customers and will upon request provide NameShare copies of same.

6. SUSPENSION OF SERVICES; BREACH OF AGREEMENT

You agree that, in addition to other events set forth in this agreement, your ability to use any of the services provided by NameShare is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN and/or the applicable Registry.

You agree that your failure to comply completely with the terms and conditions of this agreement and any NameShare rule or policy may be considered by NameShare to be a material breach of this agreement and that NameShare may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide NameShare with material evidence that you have not breached your obligations to NameShare within ten (10) business days, NameShare may terminate its relationship with you and take any remedial action available to NameShare under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, canceling the registration of any of your domain names and discontinuing any services provided by NameShare to you. No fees will be refunded to you should your agreement be cancelled or services be discontinued because of a breach. NameShare's failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.

7. RESTRICTION OF SERVICES; RIGHT OF REFUSAL

You agree not to use the services provided by NameShare, or to allow or enable others, to use the services provided by NameShare for the purposes of:

The transmission of unsolicited email (SPAM)
Repetitive, high volume inquires into any of the services provided by NameShare (i.e. domain name availability, etc.).

You agree that NameShare, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. NameShare also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place. NameShare may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event NameShare refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to NameShare in connection with the registration either being canceled or refused. In the event NameShare deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.

8. LIMITATION OF LIABILITY

You agree that NameShare's entire liability to you under this agreement, and your only remedy, in connection with any service provided by NameShare to you under this agreement, and for any breach of this agreement by NameShare, shall be limited to the fees you paid to NameShare for the particular service in contention.

NameShare AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF NameShare'S SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, NameShare'S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

NameShare DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:

access delays or interruptions to our web site or domain name registration system
data non-delivery or misdelivery between you and NameShare
events beyond our control (i.e. acts of God)
the loss of registration or processing of a domain name or the use of a domain name
the failure for whatever reason to renew a domain name registration
the unauthorized use of your account with NameShare or any of the services provided to you by NameShare
errors, omissions or misstatements
deletion of, failure to store, or failure to process or act upon email messages
processing of updated information to your registration record
development or interruption of your web site
errors taking place with regard to the processing of your application
application of NameShare's Dispute Resolution Policy
any act or omission caused by you or your agent (whether authorized by you or not)

9. INDEMNITY

You agree to release, defend, indemnify and hold harmless NameShare and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with NameShare whether or not on your behalf, and whether or not with your permission) use of the services provided by NameShare. Should NameShare be notified of a pending law suit, or receive notice of the filing of a law suit, NameShare may seek a written confirmation from you concerning your obligation to indemnify NameShare. Your failure to provide such a confirmation may be considered a breach of this agreement.

For .com, .net and .org domain names: You agree to indemnify, defend and hold harmless VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.

For .us domain names: You agree to indemnify and hold harmless NeuStar, the .US Registry, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant�s (i) .US domain name registration and (ii) use of any .US registered domain name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

For .name domain names: You agree to indemnify, defend and hold harmless Global Name Registry (GNR), and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Item Holder's registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.

For .biz domain names: You agree to indemnify and hold harmless NeuLevel, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant�s (i) .BIZ domain name registration and (ii) use of any .BIZ registered domain name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

For .info domain names: You agree to indemnify, defend and hold harmless Afilias, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Item Holder's registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.

For .cn domain names: You agree to indemnify, defend and hold harmless CNNIC, Neustar Inc., and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, damages, liabilities, costs and expenses of any kind, including, without limitation, reasonable legal fees and expenses, arising out of or relating to the Registrant's i) domain name registration and ii) use of any Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

For .org domain names: You agree to indemnify, defend and hold harmless Public Interest Registry (PIR), and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Item Holder's registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.

For .pro domain names: You agree to indemnify, defend and hold harmless RegistryPro, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Item Holder's registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.

For . .mobi . domain names: You agree to indemnify, defend and hold harmless Registry Services Provider and Registry Operator, and all of their respective subsidiaries, affiliates, subcontractors, directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, damages, liabilities, costs and expenses of any kind, including, without limitation, reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) domain name registration and ii) use of any Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

10. REPRESENTATIONS AND WARRANTIES

You warrant that all information provided by you as part of the registration process is complete and accurate. You also warrant that each registration you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.

You agree that NameShare makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to you against the possibility of objection to, or challenge of, the registration or use of any domain name you register with NameShare.

NameShare expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, pursuant to any Registrar or Registry adopted policy, to correct mistakes by NameShare or the applicable Registry in registering the name or, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of NameShare, as well as its affiliates, subsidiaries, officers, directors and employees. NameShare also reserves the right to freeze a domain name during resolution of a dispute.

11. DISCLAIMER OF WARRANTIES

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

12. SEVERABILITY; ENTIRETY

You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect.

You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between you and NameShare regarding the services contemplated herein.

13. VENUE; WAIVER OF TRIAL BY JURY

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF MASSACHUSETTS. EXCEPT FOR DISPUTES CONCERNING THE USE OF A DOMAIN NAME REGISTERED WITH NAMESHARE, THE LAWS AND JUDICIAL DECISIONS OF MIDDLESEX COUNTY, MASSACHUSETTS, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF MIDDLESEX COUNTY, MASSACHUSETTS.

FOR THE ADJUDICATION OF DISPUTES CONCERNING THE USE OF ANY DOMAIN NAME REGISTERED WITH NAMESHARE, YOU AGREE TO SUBMIT FOR JURISDICTION AND VENUE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS LOCATED IN BOSTON, MASSACHUSETTS.

YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

14. NOTICES

You agree that all notices (except for notices concerning breach of this agreement) from NameShare to you may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address you have on file with NameShare or mailed first class postage to the postal address you have on file with NameShare. In both cases, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from you to NameShare shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:

NameShare Inc
400 West Cummings Park
Suite 1725-305
Woburn, MA. USA 01801

Delivery shall be deemed to have been made by you to NameShare five (5) days after the date sent.

15. ADDITIONAL PROVISIONS SPECIFIC TO .COM, .NET, .ORG, and .CC REGISTRATIONS

Indemnification. You agree to indemnify, defend and hold harmless VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.

16. ADDITIONAL PROVISIONS SPECIFIC TO .US REGISTRATIONS

You, the Registrant, shall indemnify and hold harmless NeuStar, the .US Registry, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant�s (i) .US domain name registration and (ii) use of any .US registered domain name.

The Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a .US domain name.

A. Registrants must be either:

A natural person

who is a United States citizen,
who is a permanent resident of the United States of America or any of its possessions or territories, or
whose primary place of domicile is in the United States of America or any of its possessions, or;

An entity or organization that is

incorporated within one of the fifty (50) U.S. states, the district of Columbia, or any of the United States possessions or territories or
organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions (including a federal, state, or local government of the United States, or a political subdivision thereof, and non-commercial organizations based in the United States), or;
A foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories that also

regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the Unites States, or
maintains an office or other property within the United States.

B. The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories.

Registrant further certifies that NameShare has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willing volunteered such information. Registrant understands and agrees that such information will be verified and will be shared with the .US Registry.

Registrant understands and agrees that if such information cannot be verified, or if Registrant fails to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.

Registrant agrees to comply and abide by the following policies found at http://www.neustar.us:

usTLD Dispute resolution Policy and Rules
The usTLD Nexus requirements
The Nexus Dispute Policy and Rules
The Registration Review Policy

17. ADDITIONAL PROVISIONS SPECIFIC TO KIDS.US REGISTRATIONS

17.1. Representations and Warranties. You represent and certify that, to the best of your knowledge and belief, (i) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party, (ii) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder, (iii) you have and shall continue to have a lawful bona fide U.S. Nexus as defined in the "usTLD Nexus Requirements" document on the Kids.us website http://www.kids.us/us_policy/ustld_nexus_requirements.pdf)), as may be modified from time to time and qualify to register to use a .us domain name, (iv) you are of legal age to enter into this Agreement, and (vi) you agree to comply with all applicable laws, regulations and policies of the Kids.us Administrator as updated from time to time on the Kids.us website (www.kids.us), including but not limited to the:

Kids.us Content Policy: Guidelines and Restrictions (http://www.kids.us/content_policy/content.html);
usTLD Dispute Resolution Policy and Rules (http://www.kids.us/us_policy/usdrp.pdf)
Nexus Dispute Policy and Rules (http://www.kids.us/us_policy/nexus_dispute_policy.pdf); and
Registration Review Policy (http://www.kids.us/us_policy/registration_review_policy.pdf).

17.2. The Kids.us domain name you are purchasing will be inactive (i.e., will not resolve on the Internet), however will be displayed in the publicly accessible Kids.us WHOIS database. Purchasing a Kids.us domain name from NameShare merely provides You with a license to the Kids.us domain name. It does not give You the right to have a Kids.us website. A website on the kids.us site is only allowed once You have obtained an Active Registration from the Kids.us Administrator and Your content has been reviewed and approved by the Kids.us Administrator in accordance their terms and conditions. The Kids.us Administrator can be found at www.kids.us.

17.3. An Active Registration may only be obtained by completing the Kids.us Administrator�s application form for each Kids.us domain name that You would like to have an Active Registration and paying the requisite fees set forth on their website. Prior to having a live Kids.us Site, all "content" associated with an Active Registration shall be reviewed by the Kids.us Administrator or one or more content managers appointed by the Kids.us Administrator to ensure that Your content is in compliance with the restrictions Kids.us Content Policy: Guidelines and Restrictions (http://www.kids.us/content_policy/content.html). Violations of the Kids.us Content Policy may subject your Kids.us domain name to immediate deletion by the Kids.us Administrator or NameShare, at their sole discretion.

17.4. In addition to other restrictions contained herein, the following activities shall not be allowed in the Kids.us domain name space. Failure to comply with the following may subject your Kids.us domain name to immediate deletion by the Kids.us Administrator or NameShare, at their sole discretion:

Interactive Services. Your Kids.us website may not contain any two-way or multi-user interactive services, as defined further in the Content Policy (http://www.kids.us/content_policy/content.html), absent express approval by the Kids.us Administrator).
Hyperlinks. Under no circumstances may Your Kids.us website contain any hyperlinks that take kids.us users outside the kids.us second-level domain.
Other services. You may not use your Kids.us domain name to provide non-web-based services of any kind. These include, but are not limited to File Transfer Protocol (FTP), telnet, Secure File Copy (SCP), Secure Shell (SSH), Internet Relay Chat (IRC), Simple Object Access Protocol (SOAP), Remote Procedure Call (RPC), email, and gopher.

17.5. Sunrise Kids.us Domain Name Registrations: The kids.us Sunrise period gives owners of existing or pending United States trademarks or service marks an exclusive opportunity�prior to general open registration�to apply for kids.us domain names that exactly match their trademarks or service marks. To ensure the integrity of the Sunrise process, the Kids.us Administrator will compare each of the kids.us domain name applications with valid trademarks on file at the U.S. Patent and Trademark Office (USPTO). All Sunrise applications must comply with the rules set forth at http://www.kids.us/sunrise.html.

17.6. Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes: (i) the Registered Name; (ii) the names of the primary nameserver and secondary nameserver(s) for the Registered Name; (iii) your name and postal address; (iv) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; (v) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name; (vi) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the Registered Name; (vii) any remark concerning the registered domain name that should appear in the Whois directory; and (viii) any other data the Kids.us Administrator requires be submitted to it, including specifically information regarding the primary purpose for which a domain name is registered (e.g., business, education, etc.). You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the Department of Commerce Contract with the Registry or any Kids.us Administrator/DoC Policy.

17.7. Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement.

17.8. Government Use of Data. You understand and agree that the U.S. Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.

17.9. Licensing of a Domain Name. If you intend to license use of a domain name to a third party, you nonetheless are the registrant of record and are responsible for providing full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you reasonable evidence of actionable harm.

17.10. Domain Name Dispute Policy. If you reserved or registered a Kids.us domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the Kids.us Administrator as documented on its website, www.kids.us/us_policy/usdrp.pdf, as they may be amended from time to time, and which are hereby incorporated and made an integral part of this Agreement. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.

17.11. Domain Name Dispute Policy Modifications. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

17.12. Jurisdiction. For the adjudication of disputes concerning or arising from use of the domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, (2) where Registrar is located, and (3) the Commonwealth of Virginia.

17.13. Suspension, Cancellation or Transfer. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Kids.us Administrator adopted specification or policy, or pursuant to any registrar or Kids.us Administrator procedure not inconsistent with a Kids.us Administrator adopted specification or policy, (1) to correct mistakes by Registrar or the Kids.us Administrator in registering the name or (2) for the resolution of disputes concerning the domain name.

17.14. Indemnification. The Registrant shall indemnify and hold harmless the NameShare and the Kids.us Administrator and their directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant�s (i) domain name registration and (ii) use of any of a domain name.

17.15. Reservation by Kids.us Administrator. NameShare and Kids.us Administrator reserve the right to deny, cancel or transfer any registration that they deem necessary, in their discretion, (1) to protect the integrity and stability of the registry, (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of Kids.us Administrator or NameShare, as well as their affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by Kids.us Administrator or any registrar in connection with a domain name registration. Kids.us Administrator and NameShare also reserve the right to freeze a domain name during resolution of a dispute.

18. ADDITIONAL PROVISIONS SPECIFIC TO .INFO REGISTRATIONS

If you are registering a .info domain name you also agree to:

consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the .info Registry Operator and its designees and agents;
submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
acknowledge that the Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation:

the ability or inability of a registrant to obtain a Registered Name during these periods, and
the results of any dispute over a Sunrise Registration.

19. ADDITIONAL PROVISIONS SPECIFIC TO .BIZ REGISTRATIONS

If you are registering a .biz domain name you also agree to:

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

To exchange goods, services, or property of any kind;
In the ordinary course of trade or business; or
To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.

BIZ CERTIFICATION
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 (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
The domain name registrant has the authority to enter into the registration agreement; and
The registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.

DOMAIN NAME DISPUTE POLICYM
If you reserved or registered a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

The Uniform Domain Name Dispute Resolution Policy, available at http://www.NameShare.com/udrp.html.
The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.biz/stop_overview/index.html; and
The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.biz/ardp/docs/rdrp.html.

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

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

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

DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.

RESERVATION OF RIGHTS
NameShare and the .biz Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of NameShare and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. NameShare and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

20. ADDITIONAL PROVISIONS SPECIFIC TO .NAME REGISTRATIONS

Personal Name domain names and Personal Name email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding. According to the Eligibility Requirements, the following categories of Personal Name Registrations may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name; (iii) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names.

The ERDRP applies to challenges to (i) registered domain names and email address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations within .name.

You agree that Registry Operator may modify the dispute policy from time to time. Registry Operator will post any such revised policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name or .name email address after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

ELIGIBILITY REQUIREMENTS - DISPUTE RESOLUTION
You represent and warrant that the name you are registering is your legal, personal name, or that you own the intellectual property rights to that name. If at any time it is discovered that it is not your legal personal name, or your intellectual property, GNR and NameShare reserve the right to cancel your registration without refund, or transfer it to another party. In addition to the above you agree to be bound by the provisions of the entire Eligibility Requirements Dispute Resolution Policy available at http://www.nic.name/downloads/erdrp.pdf.

WAIVER OF LIABILITY
You agree that GNR and NameShare will have no liability of any kind for any loss or liability resulting from (i) the processing of registration requests prior to live SRS launch, including, without limitation, the ability or inability to obtain a domain name or email address registration using these processes; or (ii) any dispute over any domain name or email address registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

NAME EMAIL
(a) The service for which you have registered may, at your option, include .name Email. To the extent you opt to use .name Email, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of .name Email, including the content of messages sent through .name Email.

(b) You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage. This includes, but is not limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf, as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use .name Email:

(i) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;
(ii) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;
(iii) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or
(iv) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using .name Email.

(c) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator's .name Email.

(d) You understand and agree that Registry Operator may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of .name Email. You further understand and agree that Registry Operator is at liberty to block your access to .name Email if you use .name Email in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the .name Email unless it would damage the reputation of Registry Operator or jeopardize the security of Registry Operator or others to do so. Registry Operator reserves the right to immediately discontinue .name Email without notice if the technical stability of .name Email is threatened in any way, or if you are in breach of this Agreement. On discontinuing .name Email, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.

(e) You understand and agree that to the extent Registry Operator is required by law to disclose certain information or material in connection with your .name Email, Registry Operator will do so in accordance with such requirement and without notice to you.

NAMEWATCH
The NameWatch service allows monitoring of all registrations on the .name gTLD. Any registration of a .name, both Domain Names and .name Email, where the trademark/string is included, will trigger notification. This will allow the intellectual property holder early identification of potential threats. The reports, which cover both Domain Names and .name Email, are available daily, weekly or monthly and can significantly increase the trademark holder�s protection and follow-up of the trademark; provided that neither The Global Name Registry, Limited (�Registry Operator�) nor we provide no guarantee that any potential threats will be identified.

DISCLAIMER
Registry Operator will make every effort to maintain the completeness and accuracy of any results of the NameWatch, but cannot guarantee that the results are error-free. You understand, therefore, that any reports provided through the NameWatch service are on an "as is" basis without any warranties. BY USING NAMEWATCH REPORTS AND THE INFORMATION CONTAINED HEREIN OR THEREIN, IT IS ACCEPTED THAT REGISTRY OPEATOR IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH, THE REPORT OR THE INFORMATION CONTAINED, NOR OMISSIONS OR MISSING INFORMATION. THE RESULTS OF ANY NAMEWATCH REPORT CANNOT BE RELIED UPON IN CONTEMPLATION OF LEGAL PROCEEDINGS WITHOUT FURTHER VERIFICATION NOR DO SUCH RESULTS CONSTITUTE A LEGAL OPINION. Acceptance of the results of the NameWatch service constitutes acceptance of these terms, conditions and limitations.

LIMITATION OF LIABILITY
You agree that Registry Operator will have no liability of any kind for any loss or liability resulting from (i) the processing of NameWatch reports; or (ii) any dispute over any .name Domain Name, .name Email address or Defensive Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of trademarks to exclusively pre-register on the .name space and create a protective barrier for their trademarks. A �Defensive Registration� is a registration granted to a registrant which aims to prevent a third party from registering either (i) any variation of a trademark (a Premium Defensive Registration), or (ii) an exact match of a trademark (a Standard Defensive Registration), which registration will not resolve within the domain name system.

DEFENSIVE REGISTRATIONS DISPUTES
You agree that, if your Defensive Registration is challenged by a third party, you will be subject to the provisions specified in our Defensive Registration dispute policy in effect at the time of the dispute. You agree that in the event a Defensive Registration dispute arises with any third party, you will indemnify and hold NameShare harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your Defensive Registration, you agree not to make any changes to your Defensive Registration record without our prior approval. We may not allow you to make changes to such Defensive Registration record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your Defensive Registration and use of our domain name registration services that the dispute has been settled.

CONSENT
Defensive Registrants may be asked to give their consent to allow individuals to share a part of their space. For example, if you have filed a Defensive Registration on PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give consent to John Pqr to register JOHN.PQR.name if he can prove that PQR is his name. In such a circumstance, you will have 10 days to respond to a request for consent.

RESERVATION OF RIGHTS
NameShare and Registry Operator, expressly reserve the right to deny, cancel or transfer any Defensive Registration that it deems necessary, in its discretion, to protect the integrity and stability of the Registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of NameShare and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees. NameShare and Registry Operator also reserve the right to freeze a Defensive Registration during a resolution of a dispute.

21. ADDITIONAL PROVISIONS SPECIFIC TO ONE-YEAR .BIZ, .INFO, and .US REGISTRATIONS

From time-to-time, NameShare may offer special promotions. If You are registering a .us, .info, .biz domain name and You elect to take advantage of special pricing applicable to one-year registrations, NameShare will automatically renew Your domain for an additional one-year period at the end of the first year term by charging the credit card You have on file with NameShare unless You notify NameShare that You do not wish to renew. You will be notified and given the opportunity to accept or decline the one-year renewal prior to Your domain name expiration date. In the event You decide not to renew Your one-year .info or .biz domain name for a second year, ownership of Your domain name will automatically revert back to NameShare and NameShare will gain full rights of ownership to such domain name.

You agree that if You delete or Transfer Your .info or .biz domain name during the first year, you will automatically be charged the second year renewal fees.

22. ADDITIONAL PROVISIONS SPECIFIC TO .CN REGISTRATIONS

Registrant hereby certifies, that to the best of his, her or its knowledge, that they have the authority to enter into this Agreement.

Indemnification. Registrant agrees to indemnify, defend and hold harmless NameShare, CNNIC, Neustar Inc., and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, damages, liabilities, costs and expenses of any kind, including, without limitation, reasonable legal fees and expenses, arising out of or relating to the Registrant's i) domain name registration and ii) use of any Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

The Registrant agrees that its registration of the Registered name shall be subject to suspension,cancellation,or transfer pursuant to any Neustar or CNNIC adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with a Neustar or CNNIC adopted specification or policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the Registered name.

The domain name registration agreement between Registrar and Registrant for a cnTLD domain name shall be governed under the Laws of the People's Republic of China.

The Registrant shall adhere to the processes and requirements contained in the relevant administrative policies and rules made by the PRC's governmental agencies and CNNIC,including but not limited to the following:

China Internet Domain Name Regulations (http://www.cnnic.net.cn/ruler/20.shtml).
CNNIC Detailed Rules of Internet Domain Name Registration Administration (http://www.cnnic.net.cn/ruler/16.shtml) (not yet translated).
CNNIC Domain Name Dispute Resolution Policy (http://www.cnnic.net.cn/doc/e-10.shtml).
Rules for CNNIC Domain Name Dispute Resolution Policy (http://www.cnnic.net.cn/doc/e-9.shtml).
Any subsequent updates, changes and/or revisions to the above listed policies

Registrant may not register or use a .CN domain name that is deemed by the CNNIC to:

Be against the basic principles prescribed in the Constitution of the People's Republic of China("PRC");
Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt the state integrity of the PRC;
Harm national honor and national interests of the PRC;
Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC;
Violate the PRC's religion policies or propagate cult and feudal superstition;
Spread rumors,disturb public order or disrupt social stability of the PRC;
Spread pornography, obscenity, gambling,violence,homicide, terror or instigate crimes in the PRC;
Insult, libel against others and infringe other people's legal rights and interests in the PRC; or
Take any other action prohibited in laws, rules and administrative regulations of the PRC.

Registrant hereby represents that, to the best of their knowledge and belief, neither the registration of the Registered name nor the manner in which it is directly or indirectly being used infringes the legal rights of any third party.

Registrant shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registration.

A Registrant's willful or grossly negligent provision of inaccurate or unreliable information.its wilful or grossly negligent failure to promptly update information provided to Registrar shall constitute a material breach of the Registrant's Registration Agreement with the Registrar and be a basis for cancellation of the Registered Name registration.

Collection of Personal Data. The Registrant's personal data will be included in a Whois record and shared with the CNNIC, the Registry Gateway Operator (Neustar Inc.) and others who may receive the data from CNNIC and Neustar Inc. This Agreement and the NameShare Privacy policy details which data are obligatory, which data is optional and how the Registrant can access and,if necessary, rectify the data held about them.

The Registrant hereby consents to the submission of data required by this agreement.

23. ADDITIONAL PROVISIONS SPECIFIC TO .PRO REGISTRATIONS

Applicant agrees to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by RegistryPro and its designees and agents for the purposes of performing the Verification Services and Digital Certificate Services required for successful registration. These Services include:

Providing the Verification Services and Digital Certificate Services, including but not limited to, conducting identity checks and professional eligibility checks with respect to each Applicant or Registered Name Holder,
Populating the data fields of the Digital Certificate issued to each Registered Name Holder
Conducting periodic spot checks of a Registered Name Holder's continuing eligibility to hold a Registered Name,
Conducting annual re-verification of a Registered Name Holder's continuing eligibility to hold a Registered Name, and
Publishing certain information regarding Registered Name Holders in RegistryPro's publicly-available WHOIS directory and in a publicly-available list of issued, revoked, or suspended Digital Certificates.

Applicant represents and warrants that it meets the applicable .Pro registration requirements within the Jurisdiction and agrees that, during the term of the registration, it will continue to meet such requirements and that it will promptly notify the Registrar if it no longer meets such requirements.

Applicant acknowledges that RegistryPro is a third party beneficiary of the Registration Agreement with the rights to enforce those provisions of the Registration Agreement that affect it.

Applicant acknowledges that Registrar shall be solely responsible for providing Applicant with services with respect to (a) its application for a Registered Name and (b) in the event such application is accepted, for all ongoing services with respect to its issued Registered Name. Applicant further acknowledges that RegistryPro shall have no obligation to provide such services to Applicant. Applicant agrees it has no contractual relationship whatsoever with RegistryPro and that Applicant is not a third party beneficiary of any agreement between RegistryPro and Registrant. Applicant further agrees that RegistryPro will have no legal, equitable or other liability of any kind to Applicant.

Applicant acknowledges that if, pursuant to the performance of the initial verification services or annual verification services, Registrar determines that Applicant does not meet or does not continue to meet the applicable .Pro registration requirements, Registrar shall be entitled to retain a processing fee of $200.00 in connection with the performance of the initial verification services and $200.00 in connection with the performance of the annual verification services.

As Registered name Holder, I hereby,

a) Represent and Warrant that the data provided in the Registered Name or Defensive Registration application is true, correct, up to date, and complete; and that the registrant will at all times during the term of its registration keep the information provided above up to date;

b) Represent and warrant that the registration satisfies the applicable .pro restrictions at the time of registration;

c) Represent and warrant that the Registered Name registration satisfies the digital security requirements stated in Appendix L of the Registry Agreement;

d) Agree to be subject to the Qualification Challenge Policy and the Uniform Domain Name Dispute Resolution Policy (the "UDRP");

e) Agree not to make any representation to any person or entity that expressly or impliedly conveys that the registration of the Registered Item in any way signifies or indicates that the Registered Item Holder possesses any general or specific professional qualifications, including, but not limited to, professional qualifications in a particular field;

f) Certify that the Registered Item Holder has the authority to enter into the registration agreement;

g) For applications during the Sunrise Period, certify that the registration qualifies for a Sunrise Registration, as set forth in Appendix J of the Registry Agreement.

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

i) Agree to the use, copying, distribution, publication, modification and other processing of Registered Item Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 of this Agreement.

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

k) Acknowledge that the Registrar reserves the right to reject any application to register a Registered Item for any reason or no reason, including but not limited to if either Registrar or Registry Operator reasonably believes it does not satisfy the conditions for a Registrations (including, the Sunrise Registration Conditions or .pro eligibility requirements).

The Registered Item Holder acknowledges having read and understood and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement

(i) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/dndr/udrp/policy.htm

(ii) (For registration agreements relating to Intellectual Property Defensive Registrations, including Sunrise Registrations:)The Intellectual Property Defensive Registration Challenge, available at http://www.registrypro.pro/defensive.htm and http://www.icann.org/dndr/prosdrp/policy.htm;

(iii) The Qualification Challenge Policy and Rules, available at http://www.icann.org/dndr/proqcp/policy.htm and http://www.icann.org/dndr/proqcp/uniform-rules.htm;

(iv) The .pro TLD restriction requirements, available at http://www.registrypro.pro/qualifications.htm;

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

(vi) Procedures for any applicable Verification Toolkit.

The Registered Item Holder represents and warrants that, at all times during the term of Registered Item registration, he, she, or it meets the .pro registration requirements set forth by Registry Operator for the registration of the Registered Item Holder's registration. The Registered Item Holder is required to provide prompt notice to Registrar if it fails to meet such registration requirements. Registrar and/or Registry Operator shall have the right to immediately and without notice to Registered Item Holder, suspend, cancel or modify a Registered Item Holder's registration if, at any time, the Registered Item Holder fails to meet the registration requirements for such domain name or Defensive Registration.

24. NameShare PARKING PAGES

Domain names registered through NameShare may be pointed to a "Now Registered!" Web page which informs visitors that the registrant has registered their domain name via NameShare.

The Now Registered! Web page may be modified at any time by NameShare without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by NameShare, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface.

To see a sample Now Registered! Web page, please click here. If for any reason you do not wish to have the domain name you have registered pointed to the Now Registered Web page described above, you can have your domain pointed to a generic parking page that does not contain any third party links. You may also elect to have no parking page at all.Please contact our Customer Support team to request one of these options.

25. ADDITIONAL PROVISIONS SPECIFIC TO .MOBI REGISTRATIONS

Registrant acknowledges and agrees that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide.

Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.

Comply with ICANN requirements, standards, policies, procedures and practices for which the Registry Operator has monitoring responsibility in accordance with the Registry Agreement and other arrangement with ICANN.

Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar.

Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to relevant mandatory local data protection, laws and privacy.

Acknowledge and agree that Proxy or proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.

Notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotmobi"), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to EnCirca, Inc being a registrar for the .mobi top-level domain. Additionally, the third party benficiary rights of dotmobi shall survivie any termination or expiration of this Agreement.

Registrant agrees to be bound by the terms and conditions of the .mobi initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation process, and the General Registration Period, and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a registered Name during these periods, and (b) the results of any dispute made during the Limited Industry launch or over a Sunrise Registration.

Last updated September 8, 2006