DOMAIN NAME REGISTRATION AGREEMENT

1. Introduction

OUR GOAL IS TO PROVIDE YOU WITH THE BEST POSSIBLE DOMAIN REGISTRATION SERVICES. TO FULLY UNDERSTAND THE TERMS THAT APPLY TO THE SERVICES WE OFFER, WE SUGGEST YOU PLEASE CAREFULLY READ THE FOLLOWING. BY USING THE SERVICES OF Name.net, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

2. Name.net Domain Name Registration, Renewal, and Management Services

We are an accredited Registrar of the Internet Corporation For Assigned Names and Numbers ("ICANN") for the generic top level domains ("gTLDs”) including but not limited to .com, .net and .org. We are also an authorized Registrar for country code top level domains (“ccTLDs”) including .de, .co.uk, .nl and many others.

1. Registration
   

   The registration and/or renewal of a domain name grants you a personal license to use the domain name for a period equal to the registration period.

   We register domain names on a first come, first serve, basis, except when otherwise required by ICANN or a domain name Registry. We do not guarantee availability of any domain name you wish to register or renew. Domain names registered or renewed for you will not be effective unless and until the designated Registry updates its domain name registry database in accord with the WHOIS and/or nameserver information you have provided to us.

   Name.net, the applicable Registry, or ICANN may decide that registration of a particular domain name is prohibited. Name.net may, in our sole discretion, refuse to process your application for the registration or renewal of a particular domain name. Further, you understand and acknowledge that we may also delete the registration of any domain name which we have registered, at any time for any reason.

2. Account Management and Security

   You must use the Name.net Control Panel to manage your Name.net registered domain names, your account profile and any other ancillary services.

   You must maintain your account login details as confidential information, in order to preserve account security. You are solely responsible for maintaining the security of the login details of your account, including but not limited to your username, password and security questions and answers. You agree to immediately notify us in the event of any breach of security. We are not liable for unauthorized use or misuse of your usernames or passwords.

   You are responsible for any and all actions taken in connection with the domain names in your account. This includes actions of your agents, assignees and others to whom you have provided an email account or other services originating with us.

3. Expiration and Renewal:

   Keep good record of the expiration dates of all your registered domain names. It is your sole responsibility to ensure that all of your registered domain names are renewed prior to their expiration dates.

   You agree that we are not liable for any claims of damage or loss arising from any failure to renew a domain name.

   You understand and acknowledge that the renewal of a domain name is subject to payment of applicable fees prior to the domain’s expiration date and that it is your responsibility to ensure that these fees are paid.

   If you do not renew a domain name on or before its expiration date, the domain name will no longer resolve to the previously assigned name server(s). The domain name will be held in your account at Name.net for twenty-five (25) days following the expiration date (“Expiration Period”) and you may renew the domain name at any time during this period by paying the applicable registration fees and any past-due renewal fees. Once you have paid all the applicable fees, we will reinstate the domain name to resolve to the previously assigned name server(s).

   You acknowledge and agree that your right and interest in a domain name ceases at the end of the Expiration Period. At the end of this period, we will remove the domain name from your account and place it into a holding account for ten (10) days (“Hold Period”). During the Hold Period, you may restore the Domain Name to your account for a flat fee of $120.00 USD (“Restore Fee”). The Restore Fee is in addition to the applicable registration renewal fee and any other past due fees.

4. Deletion, Transfer or Recovery during Redemption Grace Period

   At the end of the Hold Period we may, in our sole discretion, delete the domain name or transfer it to a third party. We reserve the right to make any domain name that has gone through the twenty-five (25) day Expiration Period available for registration to a third party.

   If we delete the domain name, it may become subject to its Registry’s ‘Redemption Grace Period’ during which the domain name may be recovered by Name.net and returned to you. If you decide to recover a domain name during this period, you agree to pay a charge of $120.00 USD (“Redemption Fee”), to cover the fee incurred from the Registry as well as administrative costs associated with recovery. The Redemption Fee is in addition to the applicable registration renewal fee and any other past-due fees.

   At the end of many Registry Redemption Grace Periods, there may be a period during which expiring domain names are in "Pending Delete” status at the Registry. We cannot recover domain names in Pending Delete status. At the end of the Pending Delete status period, a domain name is made available for registration by the general public on a first-come, first-serve, basis.Some Registries do not offer Redemption Grace Periods, and so deleted domain names promptly become available for registration by anyone, on a first-come, first-serve, basis.

   A domain name may be transferred from a current Name.net registrant to a third party and remain serviced by us. The new registrant must create a Name.net account first, then the prior registrant can transfer or “push” the domain name into the new registrant’s account.

   A domain name may also be transferred from Name.net to another registrar in accordance with the ICANN approved Inter-Registrar Transfer Policy, which can be viewed here: http://www.icann.org/transfers/. You acknowledge and agree that a domain name is ineligible for transfer to another registrar for sixty (60) days following registration or renewal at Name.net, or transfer between Name.net registrants.

5. Auto-Renewal

   To avoid the unintentional expiration and loss of your domain names, you may choose to use our Automatic Billing Engine (ABE). For accounts created after June, 1, 2009 Automatic Billing is the default setting for all new products and services. If you choose not to use ABE you may change this account or product level setting in the account Control Panel. ABE will automatically renew the registration of any of your domain names or other services prior to the expiration date to avoid interruption in services. Notices will be sent to account contacts to advise of upcoming expirationand pending renewals. All products or services renewed by ABE will be renewed for a registration period equal to the original registration period for which it was registered. For example, if you register a domain name for a one year period, it will renew for another one year period. ABE will continue to successively renew your domain names as long as you do not change your account setting and your credit card on file remains valid.

   For ABE to work, you must have a valid and un-expired credit card on file in your account settings. It is your responsibility to ensure that your credit card number is on file, is valid, current, not expired and active, and has adequate credit to fund the renewal transaction. If payment via the ABE fails due to the inability to secure payment, your domain(s), product(s) or service(s) may expire and you may lose your rights to use the domain(s) or any services for which you have registered.

3. Web Hosting Services

Name.net provides web hosting services in a variety of combinations, which include disk space, bandwidth, email and FTP services.

1. Your Rights and Responsibilities

   i. The use of Name.net’s web hosting service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of your web site.

   ii. You agree that you have the necessary knowledge to create a website or will contract with a third party to provide such services. You agree that it is not the responsibility of Name.net to provide this knowledge or customer support outside of the defined service of Name.net.

   iii. You are solely responsible for the quality, performance and all other aspects of the content of any and all websites located on our servers.

   iv. You agree to make use of Name.net servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. Name.net servers are not intended as a data backup or archiving service. Name.net reserves the right to negotiate additional charges with you and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate $2.00/GB over your allotment.

   v. NO SPAM Name.net has a zero tolerance policy regarding the use of our services to distribute Unsolicited Commercial Email. Name.net reserves the right to immediately terminate, without refund if, in our sole discretion, determine you are in breach of this policy.

   vi. Hosting space is intended for normal use only, and is limited to web files, e-mail and content of the hosted web sites, not for storage of media or other data. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts.

   vii. You agree and warrant that you are the copyright holder or have obtained permission to use any content, images or associated content on your web site. Name.net is subject to the Digital Millennium Copyright Act (DMCA) and reserves the right to suspend or terminate any hosting account which is non-responsive to notifications regarding contested content.

   viii. Name.net offers shared web hosting. As such, server resources are shared with other customers. If your website and/or associated scripts use processes which are adversely affecting server performance disproportionately Name.net reserves the right to negotiate additional charges with you and/or the discontinuation of the offending processes.

   ix. Name.net makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Name.net also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by you, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Name.net is at the your own risk, and Name.net specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Name.net expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

   x. Name.net specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Name.net may, at its option and at any time, reject this material, including but not limited to after it has been put on Name.net's Server. Name.net agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Name.net. If the Customer fails to modify the material, as directed by Name.net, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

   xi. All domain names registered through Name.net that are 'parked' or are otherwise not immediately associated with a Name.net hosting plan will be automatically pointed to a "Coming Soon" web page OR a “Parked Page”. The web page may be modified at any time by Name.net without prior notice to you and may include such things as, without limitation, links to advertising or links to additional products and services offered by Name.net.

   xii. The “UNBELIEVABLE” Plan provides non-limited disk space and bandwidth if used in accordance with all Acceptable Usa Policies. Name.net reserve the right to suspend account which, in our sole discretion, we determine are abusing shared server resources or whose disk space or bandwidth utilization is inconsistent with normal usge patterns.

4. Name.net’s Right to Modify, Change or Cancel Products or Services

We reserve the right to modify this Agreement and/or related agreements at any time. Changes to this Agreement will be posted to our website and become effective immediately upon posting. Your continued use of any of the registered domain names in your Name.net account constitutes your acceptance of any modifications to this Agreement.

We may, in our sole discretion, suspend, cancel, or modify our services or your use of our services at any time without notice to you.

You acknowledge and agree that all services are provided on an “as is” and “as available” basis.

5. Our Relationship to You and Agency

This Agreement shall not create any agency, partnership, or other form of joint enterprise between you and us.

In the case of services which are used or accessed by your agent(s), you understand and agree that you will be bound as principal by all terms and conditions in this Agreement. You agree to accept all liability for harm caused by wrongful use of any domain name registered to you. You agree to secure agreement of any third party agent to the terms and conditions of this Agreement.

6. Fees

1. All payment of fees for our services must be made in U.S. dollars.
2. Incomplete, incorrect or questionable signup information can result in an account being suspended or termination or NOT being activated. Name.net reserves the right to place accounts on hold for up to 72 hours pending review.
3. Any losses or expenses incurred by you due to actions taken by Name.net in response to non-payment are not the responsibility of Name.net
4. You acknowledge, agree and authorize Name.net to automatically bill or charge to your credit card, or other applicable payment type, renewal fees for successive terms of equal length for any and all services you have purchased from Name.net unless and until termination or cancellation by either party. Details of our Automatic Billing process are in section 2e.
5. All fees for web hosting and domain renewal are due on or before the expiration of the current term.
6. Domain Name Registration

   i. You agree to pay in full all applicable fees for all services we provide. All fees are non-refundable. We reserve the right to refuse or otherwise not process a domain name registration or renewal, and/or to suspend any other services, until all applicable fees have been paid, the funds have cleared, and any requested supplemental identification or authorization has been received.

   ii. If you fail to pay any applicable fees to us when they are due and payable, or if any requested identification or authorization documents are not provided, we may take any or all of the following actions:

   • Immediately suspend or cancel access to your Name.net account;
   • Assume full control of all domain names in your Name.net account; and

   iii. Pursue all available remedies to obtain payment. Our cost to pursue any such remedies will be billed to you and/or may be recovered by us via transfer of your domain name registrations to any third party.

7. Web Hosting Services

i. You agree to pay in full all applicable fees for all services we provide. Name.net offers a 30-Day Money Back Guarantee for all of our web hosting plans. If you are not satisfied with your service you may cancel within the first thirty days and receive a full refund, minus any domain registration fees. If your hosting plan included a free domain registration and you exercised said registration the refund will be less the cost of the registration.

ii. If we are unable to process a payment for your hosting plan by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail. When an account is cancelled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers.

7. Your Warranties, Responsibilities and Obligations

You warrant that you are of legal age and have all requisite power and authority to execute this agreement and perform all obligations. You agree that use of our services is completely at your own risk.

As part of the registration process, you agree to provide the requested contact and other account information and to maintain and keep it promptly updated so that it is always current, complete, and accurate.

The following contact information is required for each domain name registered:

• Registrant’s full name, postal address, e-mail address, voice telephone number, and fax number (if available); and
• If different from the Registrant’s, contact information for Administrative, Billing and Technical contacts.

This information will be published in the publicly accessible WHOIS database. You represent and warrant that you have given notice to and obtained consent from any third parties whose personal data you provide to us. You agree that Name.net is not responsible for any consequences resulting from your failure to give notice or get consent from these third parties, if any.

The following constitute a material breach of this Agreement and are sufficient reason for seizure, transfer, or cancellation of your domain names and/or other services:

• Failure to provide Name.net with accurate and reliable contact or account information;
• Failure to promptly update contact or account information; or
• Failure to respond within seven (7) calendar days to our inquiries concerning the accuracy of contact or account information provided.

If you license use of a domain name to a third party, you agree to remain the registered domain name holder and you will be responsible for providing and maintaining current, complete, and accurate information needed to quickly resolve any problems concerning the domain name. If you do license the use of a domain name, you agree to accept all liability for harm caused by its wrongful use.

You acknowledge and agree that it is your responsibility to determine whether the registration and use of your domain name infringes the rights of any third party or violates any applicable laws or regulations.

You warrant that neither the registration of your domain names, nor the manner in which they are or will be used, infringes the intellectual property rights or other legal rights of any third party.

8. Acceptable Use

You affirm and guarantee that you will not use our Services in connection with any illegal activities or in a manner that violates any applicable local, state, national, or international laws or regulations.

You also affirm and guarantee that neither the content you place on our network, nor the domain names you register through our services shall contain or resolve to websites hosted elsewhere which contain illegal activities or prohibited content or links to similar.

Illegal activities and prohibited content include but are not limited to:

• Content that depicts minors engaged in any activity of a sexual nature or which may otherwise harm minors;
• Activities that mislead or deceive minors into viewing sexually explicit material;
• Content or actions that attempt to defraud members of the public in any way (for example, "phishing" sites);
• Content or actions that are used to send unsolicited commercial email (SPAM) or email which is in violation of applicable laws or customary acceptable use of Internet connections, including but not limited to the transmission of child pornography;
• Content that is hateful, defamatory, derogatory or bigoted based on racial, ethnic, political grounds or which otherwise may cause or incite injury, damage or harm of any kind to any person or entity;
• Content that is threatening or invades another person's privacy or property rights or is otherwise in breach of any duty owed to a third party;
• Content or actions that infringe the trademark, copyright, patent rights, trade secret or other intellectual property rights, or any other legal rights of Name.net or any third party;
• Content or actions that violate any applicable local, state, national or international law or regulation;
• Content or actions that promote, are involved in or assist in, the conduct of illegal activity of any kind or promote business opportunities or investments that are not permitted under applicable law;
• Content that advertises or offers for sale any goods or services that are unlawful or in breach of any national or international law or regulation; or
• Content that advertises or offers for sale any goods or services the Advertiser does not have the legal right to sell.
• Content or actions that are associated with the sale or distribution of prescription medication without a valid prescription.

If you are in violation of any of the above provisions or are engaged in any other misleading or illegal activities, you agree that we may suspend, cancel, transfer or modify your use of services or individual domain names without prior notice to you.

No fees will be refunded if any of the activities mentioned above, or any other inappropriate or illegal activities, result in the suspension, transfer or other such loss your domain name.

9. Our Disclosures and How We Use Your Contact Information

Your personal contact information will be handled in accordance with the terms and conditions of our Privacy Policy, which is incorporated in its entirety into this Agreement, and can be viewed here http://Name.net/policies/privacy_policy.

Our Privacy Policy provides, among other things, that personal contact information obtained from you during the domain registration process may be used in the following ways:

• Information will be transmitted to the designated Registry for your domain for use in the Registry’s database for each of the gTLDs and ccTLDs;
• For inclusion in registries and databases maintained by us or our licensees, including the publicly available WHOIS database;
• For verification and/or clarification of orders;
• For management of your services;
• To let you know about the promotion of products and services that might be of interest to you as made available directly from Name.net and from trusted third parties.

Furthermore, our Privacy Policy also states that we may provide information that we retain to private or public third parties including:

• For inspection by law enforcement officials;
• In response to criminal or civil subpoenas and court orders;
• In connection with the sale of all or a portion of our assets, including without limitation any domain names you have registered;
• For archive with a third party escrow service as required by ICANN;
• For compliance with any rule, regulation or policy of ICANN or any governmental entity; or
• For purposes of inspection and any other purposes as may be required or permitted by applicable laws.

As stated in our Privacy Policy, we will take reasonable precautions to protect personal contact information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

10. Premium and Aftermarket Domain Name Services

Any Domain Names obtained through our Aftermarket Services are subject to additional temporary limitations including, but not limited to, transferability.

Premium and.or Aftermarket domain names may not be transferred from Name.net to another registrar for a period of six months following the date that registration transfers from the domain seller to you. Furthermore, such domain names are subject to all terms and conditions of this Agreement for as long as the domain name(s) are registered through us.

11. Domain Name Dispute Resolution Policy

We have fully adopted the ICANN Uniform Domain Name Dispute Resolution Policy (“UDRP”) as our own trademark dispute resolution policy. You acknowledge that you have read and understood, and agree to be bound by the terms and conditions of the UDRP, found here: http://www.icann.org/udrp/udrp-policy-24oct99.htm.

In addition, if we are notified that your regisration of any domain names is challenged by any third party, or is the subject of a complaint that has been filed with a governmental, administrative, or judicial body, then we may take responsive actions, including without limitation:

• Compliance with the orders or requirements of the governmental, administrative, or judicial body;
• Disabling access to the domain name registration;
• Suspending resolution of the domain name; and/or,
• Prohibiting modifications to the domain name record, including any transfer of the registration, until receiving further direction from the governmental, administrative, or judicial body, or notification from both yourself and the disputing party that the dispute has been settled.

As further set forth below, you agree to indemnify, defend and hold Name.net and affiliated parties harmless in any and all proceedings regarding a domain name that becomes subject to a UDRP or any other domain name dispute.

12. DISCLAIMER OF WARRANTIES

WE DO NOT WARRANT GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES, NOR ANY TRANSACTIONS ENTERED THROUGH SUCH SERVICES. 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 DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES.

YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL AND/OR DATA THROUGH THE USE OF OUR SERVICES AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

WE ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY ERRORS, OMISSIONS OR ANY OTHER ACTIONS BY THE REGISTRY ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR REGISTRATION OR RENEWAL OF A PARTICULAR DOMAIN NAME, OR A FAILURE TO REGISTER OR RENEW A PARTICULAR DOMAIN NAME.

TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

You agree that Name.net’s entire liability, and your exclusive remedy, with respect to any of our services provided under this Agreement and/or for any breach of this Agreement, is solely limited to the amount you paid to us for that service. Name.net LLC (including its agents, affiliates, officers, principals, owners, directors, employees, 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 the services, or for the cost of obtaining of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Name.net’s liability is limited to the minimum permitted by law.

Name.net will not accept any liability, except as set forth in the preceding paragraph, for any loss resulting from any cause, including but not limited to: negligence; conversion or trespass to chattels; willful acts or omissions; strict liability; the unauthorized or illegal activity of a third party; an error or omission in the WHOIS database maintained by either Name.net or a third party registrar; access delays or access interruptions; data non-delivery or data mis-delivery; events beyond our control or acts of God; the unauthorized use or misuse of your account, login or password; errors, omissions, or misstatements in any and all information or services provided under this Agreement; the deletion of or failure to store e-mail messages; the development or interruption of your website; your inability to use our services; the loss of registration or processing of a domain name or the loss of use of a domain name; the failure for whatever reason to register a domain name and/or to renew a domain name registration; or any act or omission by you.

You acknowledges and agree that we are not responsible or liable in any way for any errors, omissions or any other actions by the Registry arising out of or in connection with the your application for registration or renewal of a particular domain name. Neither are we liable for the Registry’s failure to register or renew a particular domain name.

14. Indemnity

You agree to release, indemnify, and forever hold harmless, Name.net LLC and our directors, officers, employees, agents, contractors, shareholders, affiliates and assigns, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising out of or related to your use of our goods or services. This includes, without limitation, any claim, action, proceeding, suit, or demand arising out of or related to: infringement, dilution, or any other illegal activity by you, or a third party’s use of our services from your computer and/or account with us; infringement or violation of any intellectual property or other proprietary right of any person or entity; violation of any of our operating rules or policies or terms and conditions of this Agreement or any other agreement relating to the services provided; your application for, registration or renewal of a domain name; or any failure to register or renew a domain name.

You agree to indemnify, defend and hold harmless Registries and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration.

You shall promptly provide us written assurances of your indemnification obligation, if we request it. Your failure to provide such assurances will be considered a material breach of this Agreement, and may lead to suspension, transfer and/or deletion of any domain name(s) registered by you.

Your indemnification obligation shall survive the termination or expiration of this Agreement.

15. Breach of this Agreement

Your failure to comply completely with the terms and conditions of this Agreement, or any of our other agreements, rules or policies, will be considered a material breach of this Agreement.

In such event, we may provide you with notice of the breach via email to the address you have provided us. After we have provided such notice, you will have two (2) business days to either cure the breach or offer evidence to show you are not in breach. In our sole discretion, our further actions may include, but are not limited to, suspension, transfer, or cancellation of your domain name(s) and/or any other of our services.

Our failure to act upon or notify you of any breach shall not excuse you from that breach or from any future breach.

16. Our Notices to You

You acknowledge and agree that all notices from us to you will be sent via email to the contact email address provided for your account at the time the notice is prepared. Any notice sent shall be deemed to have been received and effective at the time and date of transmission logged by the sender's email server.

We have no responsibility to attempt contact through any means or address you may provide, other than the email address listed on your account.

17. Parked Domain Service

All domain names registered via Name.net will automatically be provided a Parked Domain Service. All domains will default to our name servers unless and until you modify your default settings. At any time, you may disable the placeholder page by updating, modifying or otherwise changing the name servers for the relevant domain name.

Domain names using our Parked Domain Service may display a placeholder page for your future website. These placeholder pages may include contextual and/or other advertisements for products or services. Name.net will collect and retain any and all revenue acquired from these advertisements, and you will have no right to any information or funds generated via the Parked Domain Service.

You agree that we may display our logo and links to our website(s) on pages using the Parked Domain Service.

Name.net will make no effort to edit, control, monitor, or restrict the content displayed by the Parked Page Service. Any advertising displayed on your parked page may be based on the content of your domain name and may include advertisements of you and/or your competitors. It is your responsibility to ensure that all content placed on the parked page conforms to all local, state, federal, and international laws and regulations.

It is your obligation to ensure that no third party intellectual or proprietary rights are being violated or infringed due to the content placed on your parked page. Neither Name.net nor our advertising partners will be liable to you for any criminal or civil sanctions imposed as a direct or indirect result of the content or links (or the content of the websites to which the links resolve) displayed on your parked pages.

As further set forth above, you agree to indemnify and hold Name.net and its affiliated parties harmless for any harm or damages arising from your use of the Parked Domain Service.

18. Severability of the Terms of this Agreement

Terms of this Agreement are severable. If any term, provision or section of this Agreement is declared illegal, invalid or unenforceable, then it shall be severed and disregarded and shall not affect the interpretation or operation of the remaining terms or provisions, which shall remain in full force and effect.

19. Waiver

If we fail to require your performance of a provision of this Agreement, it will not be considered a waiver of our right to require such performance at any later time. Our waiver of a breach of any provision of this Agreement will not be considered a waiver of the provision itself, nor a waiver of that breach or any future breach.

20. Entire Agreement

This Agreement, all of our other published agreements, rules and policies, constitute the entire agreement between you and us, and supersedes all previous agreements and understandings between you and Name.net.

21. Law Governing this Agreement; Venue; Your Waiver of Jury Trial

This Agreement is entered into in the State of Colorado. Any disputes regarding the Agreement will be governed by and interpreted under the laws of the State of Colorado. You agree that any action relating to or arising out of this Agreement, from your use of our website, or otherwise relating to the provision of services to you, will be brought in an appropriate court located within the City and County of Denver, Colorado.

You agree to waive any right to trial by jury in any proceeding relating to or arising out of this Agreement.

22. Additional Registry Requirements

The following additional provisions apply to any domain names that you register through Name.net with the relevant registries:

To have your .XXX domain name become a live website, you must self-attest to being a member of the Sponsored Community and complete the Membership application. Registered .XXX domains will remain on hold until you complete the Membership Application, and apply your Membership Token to your .XXX domains from inside your Name.net account. No refunds will be issued for domains that remain on hold as a result of an incomplete Membership Application or lack of a Membership Token. Further details regarding the confirmation process are available at http://www.icmregistry.com/about/sponsored-community/