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Merchant Services
Harpwro Enterprises Inc / A Nevada Corporation

DOMAIN NAME REGISTRATION SERVICE AGREEMENT:

This Domain Name Registration Service Agreement ("Agreement") between you and H-NIC / Harpwro Enterprises Inc (as representing CommuniGal Communication Ltd.) sets forth the terms and conditions of your use of the Domain Registration Services set forth herein ( the "Services"). You acknowledge that you have read, understood, and agreed to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be published by H-NIC from time to time, on its website(s).

This Agreement as well as any additional rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and H-NIC / Harpwro Enterprises Inc concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications.

Domain Name Registration, Administration, and Renewal Services

a. .info , .bia. Top Level Domains ("TLDs") :

.Com , .Net , .Org , .Info , .Biz , .Us , .Name and (regional) ccTLDs

CommuniGal Communication Ltd is an accredited registrar of ICANN for the .info , .biz , .com, .net , .org , .Name TLDs. H-NIC accepts applications to register and renew domain names with those TLDs.

H-NIC  is, upon accepting your application to register or renew a domain name with the TLDs, your sponsor for that application. All domain name registrations we register or renew are not effective until we have delivered the domain name registration or renewal information you have provide us to the registry operator for each TLD (e.g Verisign for .com .net , PIR for .org , Afilias for .info and Neulevel for .biz) , as applicable.

b. No Guarantee of Registration or Renewal

You acknowledge and agree that H-NIC  cannot guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since H-NIC cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further acknowledge and agree that H-NIC may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that H-NIC is not liable or responsible in any way for any errors, omissions or any other actions by any registry operator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You additionally agree to indemnify, defend and hold harmless the applicable registry operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.

c.Your Representations

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

d. Domain Name Registrant ("Registrant")

H-NIC considers the entity named as the Registrant contact of the domain name as the domain name owner. H-NIC considers the entity named as the administrative contact for the domain name , to be the entity who controls and manage the domain name and whose granted with the User name and password to maintain the domain name.

e. User Name and Password

The first time you apply for domain name registration, administration, and renewal services, you will be asked to select a User name and password. That User name and password are the means through which you access to certain of the Services. Please keep your User name and password you select from any unauthorized use. You acknowledge and agree that in no event will H-NIC be liable for the unauthorized use or misuse of your User name or password. Where an entity sign up and registered a domain name using a pre-selected login information (i.e. User and Password pair) , that entity is granted to control and manage the domain name thereafter.

f. Fees;

As consideration for H-NIC domain name registration, administration, and renewal services, you agree to pay H-NIC, upon submission of your domain name application, renewal application, or registrar transfer application to H-NIC, the then-current fees set forth in the H-NIC price schedule for such services. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. H-NIC reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

Your domain name application, renewal application, or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by H-NIC in its sole discretion).

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be either a) cancelled , or b) be transferred to H-NIC as the entity that has paid the registration, renewal, or transfer fee for that registration to the registry;

and that H-NIC reserves all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal, or transfer fee and our then-current reinstatement fee. name registration, you may renew your domain name using your User Name and Password access.

g. Renewals ;

The designated contact for a domain name as specified in the user account (account user contact), will be notified at least thirty (30) days before a renewal fee is due. Unless you instruct us to automatically renew your domain , you are responsible for the renewal of the domain name and any result may be caused due to its expiration, even if you have not received the notification's sent to you.

After a domain name has expired without being renewed/ auto-renewed , H-NIC , at its sole discretion may put the domain name on "HOLD" status , may delete the domain name , or may change the domain name contact data and the domain name user .

According to ICANN/Registry operator policies , a domain name after deleted may enter a RGP - Redemption Grace Period. That period ensures that for 30 days the domain name although being on hold , will not become available to others. You will be able , subject to a "Restoration Fee" , to restore the domain , renew it and reuse the domain name again.

h. Transfer a domain to H-NIC

A Transfer occurs when you wish to transfer a domain from another registrar to H-NIC. A transfer itself is free, however constitutes an automatic 1 year renewal.

By requesting to Transfer a domain name from another registrar to Galcomm , you hereby acknowledge that you are the authorized person/entity to initiate the transfer. H-NIC will comply with the various policies set from time to time by ICANN and/or Registry Operator to facilitate the Transfer Process.

To Transfer a domain name with the new TLDs (other than com/net) , you have to provide the Auth Code given to you by the current registrar , in order to be able to initiate thye transfer request.

Where a Transfer has failed , or rejected , H-NIC will enable the re-submission of the Transfer , however the Transfer fee is not refundable.

i. Transfer a domain to another registrar

Should you wish to transfer your domain name to other registrar of your choice, you are eligible to do so, provided you have paid all your registration fees , and no third party's procedure are in effect related to the domain name (e.g UDRP etc..) .

H-NIC takes security precations to protect your domain name. Thus you will have to Unlock the domain name prior to transfer and either use the auth code given by H-NIC , or confirm your willing to transfer by responding to an email notification.

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

You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that H-NIC may modify this Agreement, as well as any additional rules or policies that are or may be published by H-NIC, as necessary to comply with H-NIC's ICANN agreement , Registry Operator agreement , or with any other agreements that H-NIC is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of any domain name registered through H-NIC shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by H-NIC, each with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by H-NIC.

UDRP - Dispute Resolution Process

You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time.

3. Information and Its Use

You hereby acknowledge and agree that, in connection with your use of certain of H-NIC services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate.

Except as set forth below, all other information which we may request from you in connection with domain name registration, administration, and renewal services, is voluntary; however, not providing this information may prevent you from obtaining Services other than domain name registration, administration, and renewal services.

H-NIC  registrar will perform from time to time a Whois Verification Process to ensure the domain name accuracy.

a.Domain Name Registration, Administration and Renewal Services

The information you are obligated to provide and keep current in connection with your use of H-NIC's domain name registration, administration, and renewal services is the following:

i.Your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder);

ii.The domain name being registered; and

iii.The name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration.

You acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed.

b.Additional Information Maintained

In addition to the information you provide, we maintain records relating to any domain name application received by H-NIC, as well as any domain name registered through, administered, or renewed by H-NIC. We also may maintain records relating to other services that we provide to you. These records may include, but are not limited to:

i.The original creation date of a domain name registration, renewal, or request for service;

ii.The submission date and time of a registration or renewal application to us and by us to the proper registry;

iii.Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us;

iv.Records of your account, including dates and amounts of all payments and refunds;

v.The IP addresses of the primary nameserver and any secondary nameservers for the domain name;

vi.The corresponding names of those nameservers;

vii.The name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name;

viii.The expiration date of a domain name registration; and

ix.Information regarding all other activity between you and us regarding your use of the services.

c.Obligations Relating to the Information You Provide

In the event that (i) in applying for the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by H-NIC concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

d.Disclosure and Use of Information

You acknowledge and agree that H-NIC may make available information you provide or that we otherwise maintain to such public or private third parties as applicable laws require or permit. You further acknowledge and agree that H-NIC may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any Services (including any updates to such information), whether during or after the term of your registration of a domain name or other Services. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by H-NIC.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

H-NIC will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. H-NIC will have no liability to you or any third party to the extent such reasonable precautions are taken.

e.Communications Communications with H-NIC are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of H-NIC.

4. Ownership of Data You acknowledge and agree that H-NIC owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to H-NIC a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (a) the original creation date of a domain name registration, (b) the expiration date of a domain name registration, (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the Services. H-NIC does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this Section.

5.Agents and Licenses

You agree that, if you are using the Services for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You accept liability for harm caused by wrongful use of the Services.

You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, you 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 with reasonable evidence of actionable harm.

6. Limitation of Liability

YOU AGREE THAT H-NIC WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND H-NIC'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. H-NIC ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF H-NIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL H-NIC'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00) BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7. Indemnification of H-NIC

You agree to defend, indemnify and hold harmless H-NIC for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to (i) your use of the Services, including, but not limited to, your application for registration, registration, or renewal of any domain name registered in your name, and (ii) your use of any domain name registered in your name. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.

You agree to release, indemnify, defend and hold harmless VeriSign, Inc., any of our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of this Agreement or the breach of your warranties, representations and obligations under this Agreement. The terms of this paragraph will survive any termination or cancellation of this Agreement.

8. Representations and Warranties

You represent that, to the best of your knowledge and belief, neither the registration of the domain name you have applied for nor the manner in which it is intended to be or is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your use of the Services is accurate and current. THE SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in the introductory paragraph of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, H-NIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

9. Suspension, Cancellation, Transfer or Modification

You acknowledge and agree that H-NIC may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in H-NIC's sole discretion. You also acknowledge and agree that H-NIC may suspend, cancel, transfer or modify your domain name registration if (a) you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by H-NIC, (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (c) you use your domain name in connection with unlawful activity.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including H-NIC) or Registry operator procedures.

You also agree that H-NIC shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as H-NIC receives (x) a properly authenticated notification from a court of competent jurisdiction, or (y) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.

Finally, you agree that H-NIC shall have the right in its sole discretion to cancel your domain name registration within thirty (30) calendar days of the creation date of that registration.

10. Governing Law

Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the State of Nevada/USA jurisdiction, as if the Agreement was a contract wholly entered into and wholly performed within such location.

Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration, any action to enforce this Agreement or any matter relating to your use of the H-NIC site shall be brought exclusively to the Jurisdiction of Reno/Nevada court.

11. Notices

You agree that, unless other instructions are posted on the H-NIC's Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for H-NIC posted on the H-NIC's Web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

12. Additional Requirements for .INFO and .BIZ TLDs :

12.1 .INFO :

In addition to the above :

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

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

12.1.3. Registrant agrees to immediately correct and update the registration information for the Registered Name during registration term for the Registered Name, failure to correct this information shall constitute a breach of this Agreement.

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

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

12.2 .BIZ

12.2.1. BIZ RESTRICTIONS.

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

a) To exchange goods, services, or property of any kind;

b) In the ordinary course of trade or business; or

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

Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.

12.2.2. BIZ CERTIFICATION.

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

(a) The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html

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

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

12.2.3. PROVISION OF REGISTRATION DATA.

12.2.3.1. Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement.

12.2.3.2 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 an 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. 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 ICANN Agreement or any ICANN/Registry Policy.

12.2.4 DOMAIN NAME DISPUTE POLICY.

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

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

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

(iii) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html. The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

12.3.5. 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.

12.3.6. 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.

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

 

 

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