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Registration Agreement

This document summarizes the NameKing Domain Name Registration Agreement. It states that NameKing is an ICANN-accredited registrar that provides domain name registration services. The agreement sets forth the terms and conditions for those services, including acknowledging ICANN policies. It also covers fees, payment terms, account security, providing accurate contact information, and consent for sharing personal data with registries.

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Daniel Haikal
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0% found this document useful (0 votes)
65 views13 pages

Registration Agreement

This document summarizes the NameKing Domain Name Registration Agreement. It states that NameKing is an ICANN-accredited registrar that provides domain name registration services. The agreement sets forth the terms and conditions for those services, including acknowledging ICANN policies. It also covers fees, payment terms, account security, providing accurate contact information, and consent for sharing personal data with registries.

Uploaded by

Daniel Haikal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

NameKing Domain Name Registration Agreement

Last Updated: May 14, 2012

This Domain Name Registration Agreement (“Agreement”) is by and between [Link], Inc.
(hereinafter referred to as "NameKing", "we" or "us") and you, your heirs, agents, successors and assigns
(hereinafter referred to as "you" or "your").

YOU ACKNOWLEDGE THAT NAMEKING IS AN ICANN-ACCREDITED REGISTRAR BOUND BY AN


AGREEMENT WITH ICANN AND THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE
BOUND BY ALL TERMS AND CONDITIONS OF ICANN'S UNIFORM DOMAIN NAME DISPUTE
RESOLUTION POLICY LOCATED HERE, AS AMENDED FROM TIME TO TIME, WHICH IS
HEREBY INCORPORATED AND MADE A PART OF THIS AGREEMENT BY REFERENCE FOR
ALL TLD DOMAIN NAME REGISTRATIONS OR RENEWALS.

1. GENERAL

NameKing provides domain name registration services (together with other product offerings and services
NameKing may provide from time to time, the "services"). This Agreement sets forth the terms and
conditions upon which NameKing will provide you with the services for which you have subscribed. By
requesting that NameKing perform the services that you have requested, you are agreeing to be bound
by this Agreement. Additionally, by selecting the services you have agreed to establish an account with
us for such services. When you use your account or permit someone else to use your account to
purchase or otherwise acquire access to services or to modify or cancel your NameKing service(s) (even
if we were not notified of such authorization), this Agreement covers any such service or actions. Any
acceptance of your application(s) for our services and the performance of our services will occur at the
location of our principal place of business in Los Angeles, California. Without limitation, the following are
not included in the services: We cannot and do not check to see whether the domain name(s) you select,
or the use you make of the domain name(s), or other of the service(s), infringes legal rights of others. It is
your responsibility to know whether or not the domain name(s) you select or use infringe any legal rights
of others.

2. FEES AND PAYMENT

As consideration for the services you have selected, you agree to pay NameKing the applicable
service(s) fees for such service(s) as set forth on our website at the time of your selection, unless
otherwise contacted. Click here to view the current Nameking [Link] may also pass through and
collect from you any additional fees, surcharges, or other supplemental payment requirement imposed on
NameKing by ICANN or any other regulatory agency in relation to your domain name registration.
Payment may be made by you by providing a bank wire, a valid credit card, Paypal or check. All fees are
due immediately and are non-refundable, including the pre-funding of your account, even if your services
are suspended, terminated or transferred prior to the end of the services term. Domain name registrations
and services in an unpaid or delinquent status may be manually or automatically deleted at any time, in
our sole discretion. NameKing may take any and all remedies available to collect fees owed to it for
providing any services including using your credit card/cards on file, funds in your account, or assuming
ownership of your domain names and either keeping them for its own account or selling them.

Initial domain name registrations and services and domain name registrations and services whose terms
have expired, must be in a paid status in order to be transferred, deleted, or be modified in any way,
including modifications to request NameKing to affect the domain name record or to provide domain
name services.

You are solely responsible for ensuring that any services you desire to renew are renewed. NameKing
shall have no liability to you or to any third party in connection with the renewal or nonrenewal of any
services, including, but not limited to, any failure or errors by NameKing or any other party in renewing the
services. Any renewal of your services with us is subject to our then current terms and conditions and
payment of all applicable service fees at the time of renewal. In the case of a re-registration, the renewal
is subject to the domain name registry's acceptance of your domain name registration. You agree that if
you paid by credit card for any services provided by NameKing, NameKing is authorized, but not
obligated, to automatically charge your credit card and renew the applicable service(s) on or before their
renewal date using the credit card information you have provided to us, unless you have notified us (as
provided herein) that you do not wish to participate in our automatic renewal process. You may "opt out"
of our automatic renewal process in accordance with the instructions on our Web site and email forms.
You are solely responsible for the credit card information you provide to NameKing and must promptly
inform NameKing of any changes thereto (e.g., change of expiration date or account number, security
code, or billing address).

3. SECURITY OF YOUR ACCOUNT

When you use any of our services through our e-mail, web-based, or wholesale application process, you
are responsible for selecting and continuously managing your password and security settings to protect
your account and your domain name registration records (including your contact records and host
records) from unauthorized changes. You are entirely responsible for maintaining the confidentiality and
secrecy of your password and account security settings, as well as your credit card and other information.
All consequences of your voluntary disclosure of password and account information as well as all
activities that occur in your account are your responsibility.

You agree to notify us immediately of any unauthorized use of your account or any other breach of
security. You agree that you will be responsible for all activity that arises from your account, whether
initiated by you or others on your behalf and NameKing shall be entitled to rely on any requests which
have been initiated from your account. NameKing disclaims any liability for any activity in your account,
whether initiated or authorized by you or not. You acknowledge and agree that any and all funds prepaid
by you to NameKing are nonrefundable. Funds in your NameKing account can only be used to purchase
services from NameKing and will not be credited for other purposes

4. ACCURATE INFORMATION

As further consideration for the service(s), you agree to provide us with certain true, current, complete
and accurate information about you as required by our application process as well as to maintain and
update this information as needed to keep it true, current, complete and accurate. In furtherance of the
foregoing, you hereby agree to notify us within five (5) business days of a change in any information you
have provided us, either with respect to your account information or registration information. Failure to
provide such new information within the applicable five (5) business day period will constitute a material
breach of the terms of this Agreement which will provide us the remedies specified herein, including
suspension or termination of your account(s) with us.

We rely on the information you provide us to send you important information and notices regarding your
account, legal matters, and our services as well as to provide proper WHOIS information as required by
ICANN and the registries with which we have contractual obligations. Our Privacy Policy (which is located
HERE) and incorporated herein by reference sets forth your and our rights and responsibilities with
regard to your personal information. You agree that we, in our sole discretion, may modify our Privacy
Policy at any time without notice. You agree that, by using our services after modifications to the Privacy
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 after payment of all applicable fees
then outstanding. We will not refund any fees paid by you if you terminate your Agreement with us. We
will not process the personal data that we collect from you in a way incompatible with the purposes and
other limitations described in our Privacy Policy and we will take reasonable precautions to protect your
personal data from loss, misuse and unauthorized access or disclosure, alteration or destruction.

You represent and warrant that you have provided notice to, and obtained consent from, any third party
individuals whose personal data you supply to us as part of our services with regard to:
a. the purposes for which such third party's personal data has been collected,

b. the intended recipients or categories of recipients of the third party's personal data,

c. which parts of the third party's data are obligatory and which parts, if any, are voluntary; and

d. how the third party can access and, if necessary, rectify the data held about them.

You further agree to provide such notice and obtain such consent with regard to any third party personal
data you supply to us in the future. We are not responsible for any consequences resulting from your
failure to provide notice or receive consent from such individuals nor for your providing outdated,
incomplete or inaccurate information. Even if you license the use of our domain name registration
services to a third party, you remain responsible for complying with all terms and conditions of this
Agreement, and you accept liability for harm caused by such licensee's wrongful use of our domain name
registration services, unless you promptly disclose the identity of such license upon request by any
person who provides reasonable evidence of actionable harm.

You acknowledge and agree that domain name registration requires that this contact information, in
whole or in part, be shared with the registry operator. As required by ICANN, this information must also be
made publicly available by means of WHOIS, and that the registry operator may also be required to make
this information publicly available by WHOIS. Both NameKing and our registry partners may be required
to archive this information with a third party escrow service. You hereby consent and give permission for
all such requirements and disclosure s . Further, you represent and warrant that, if you are providing
information about a third party, you have notified the third party of the disclosure and the purpose for the
disclosure and you have obtained the third party's consent to such disclosure.

Subject to the requirements of our Privacy Policy, in order for us to comply the current rules and policies
for the domain name system as required by ICANN, you hereby grant to NameKing the right and authority
to disclose to the applicable domain registries and to third parties through an interactive publicly
accessible registration database, including the WHOIS database, certain mandatory information that you
are required to provide when registering or reserving a domain name as more fully specified in our
Privacy Policy.

5. MODIFICATIONS TO AGREEMENT

You agree that we may revise the terms and conditions of this Agreement and/or change the services
provided hereunder at any time. Any such revision or change will be binding and effective within ten (10)
days after posting of the revised Agreement or change to the service(s) on our website or upon
notification to you by posting of a notice on our website, b y e-mail or mail. By continuing to use our
services after any revision to this Agreement or change in service(s), you agree to abide by and be bound
by any such revisions or changes.

You agree to periodically review our Web site, including the current version of this Agreement available
on our Web site, to be aware of any such revisions. If you do not agree with any revision to the
Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or mail
addressed as follows: NameKing, Inc., c/o Rook Media AG, 1 Meadow Rd, Suite 210, Florida, NY
10921. Notice of your termination will be effective on receipt and processing by us, but is subject to your
having paid in full any and all fees or other expenses due and payable by you to us. Any fees paid by you
if you terminate the Agreement are nonrefundable, but you will not incur any additional fees unless they
are owed to us for any services you ordered that are in unpaid status.

We are not bound by nor should you rely on any representation by (a) any agent, representative or
employee of any third party that you may use to apply for our services; or (b) on information posted on
our Web site of a general informational nature. No employee, contractor, agent or representative of
NameKing is authorized to alter or amend the terms and conditions of this Agreement.
6. DOMAIN RENEWAL, DELETION AND TRANSFER OF EXPIRED DOMAIN NAMES

Click here to review the Domain Deletion and Auto-Renew Policy

You agree that we may, but are not obligated to, allow you to renew your domain name after its
registration term has ended and its expiration date has passed. You agree that after the expiration date of
your domain name registration and before it is deleted or renewed, we may direct your domain name to
an IP address designated by us, including, without limitation, to an IP address which hosts a parking,
under construction, or other temporary page that may include promotions and advertisements for, and
links to, NameKing's Web site, NameKing product and service offerings, third-party Web sites, third-party
product and service offerings, and/or Internet search engines and/or advertisements, and you agree that
we may place our contact information in the WHOIS output for the expired domain name. Should you not
renew your domain name prior to the expiration date or during any grace period, such grace period to be
granted in our sole discretion, you agree that we may, in our sole discretion, renew and transfer the
domain name to our control, or to a third party on your behalf (such a transaction is hereinafter referred to
as a "Post Term Renewal and Transfer"), and your failure to renew the domain name in question shall
constitute your consent to such a Post Term Renewal and Transfer. In the event we are able to identify
such a third party and effectuate such a Post Term Renewal and Transfer, we may notify you via email
after the transaction is completed. Additionally, in our discretion, you may be eligible to receive a portion
of the Net Proceeds received by us as a result of a Post Term Transfer of your domain name. These Net
Proceeds will be added to your account and are to be used for NameKing related services only. For
purposes of this paragraph, "Net Proceeds" shall mean the total fees paid to us by another party or our
third party vendor as a result of a Post Term Renewal and Transfer, less any registry fees, credit card
charge-backs, processing and check fees, and other costs or fees associated with the Post Term
Renewal and Transfer of the domain name. You agree that we shall have no obligation to pay you, and
you shall have no right to receive any percentage of the Net Proceeds unless, within ninety (90) days
after the date of our notification to you, you first provide us with the name, address and related
information requested by us (including, but not limited to, a Form W-9, if applicable) in our notification. We
cannot guarantee, and we make no representation or promise, that any Post Term Renewal and Transfer
will occur with respect to your domain name or that we will pay you any Net Proceeds.

You may transfer your domain name registration to a third party of your choice, subject to the procedures
and conditions found at: [Link] incorporated herein by reference. You
understand that you m a y not transfer your domain to another Registrar until the 61st day after
initial registration or any renewal or transfer of the domain to NameKing, or change of ownership of the
domain within the NameKing system.

When requesting to transfer your domain to (or from) NameKing to (or from) another registrar, NameKing
must receive authorization by you in advance of such transfer request. This authorization can come in the
form of an email from the account holder and/or registrant, or via authorized fax showing proof of
ownership of the domain. When transferring a domain name to NameKing, your registration will be
extended for one year, provided that in no event shall the total unexpired term of the registration exceed
ten (10) years.

You agree to maintain accurate records appropriate to document and prove the initial domain name
registration date, regardless of the number of Registrars with which y o u entered into a contract for
registration services.

7. DOMAIN NAME DISPUTE POLICY

If you reserved or registered a 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. You also
agree to submit to proceedings commenced under the Uniform Domain Name Dispute Resolution Policy
("UDRP") and that these may be modified from time to time. The current version of this dispute policy may
be at the following page: [Link] g . c o m / d o c s / u d r p . Please take the time to
familiarize yourself with that policy.
You agree that we, in our sole discretion, may modify our dispute policy. We may 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, subject to your payment of any outstanding
fees or expenses, if any, owed to us. We will not refund any fees paid by you if you terminate your
Agreement with us.

8. 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, defend and
hold us harmless pursuant to the terms and conditions set forth below in this Agreement. It is your
responsibility to list accurate contact information in association with your account and to communicate
with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court
orders or other communications to you.

If we are notified that a complaint has been filed with another registrar or a judicial, governmental or
administrative body regarding your use of our domain name registration services, (i) we may, in our sole
discretion, take whatever action we deem necessary regarding further modification, assignment of and/or
control of the domain name deemed necessary to comply with the actions or requirements of such
judicial, governmental or administrative body until such time as the dispute is settled and you shall hold
us harmless for any such action taken in good faith and (ii) you agree not to make any changes to your
domain name record without our prior approval. You agree that we may disallow you to make changes to
such domain name record until we receive formal notice from the relevant judicial or administrative body
directing us to do otherwise, or if we receive notification from you and the other party contesting your 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 in our sole discretion deposit control of your domain name with the court by supplying the court a
registrar certificate. You agree that we may comply with all court orders, domestic or international,
directed against you and/or the domain name registration and may move such domains into our disputed
domain account at NameKing. Furthermore, you agree that we may suspend, cancel or transfer your
domain name registration services i n order to: (1) to correct mistakes made by us or the registry in
registering your chosen name or (2) to resolve a dispute under our dispute policy. We will not refund any
fees paid by you if we terminate your services.

For the adjudication of disputes concerning or arising from use of any domain name you register with us,
you submit, without prejudice to other potentially applicable jurisdictions and without objection on the
basis of forum nonconveniens or any other basis, to the jurisdiction of the courts (1) of your domicile, and
(2) where we are located in Los Angeles, California.

9. PROHIBITED CONDUCT

As a condition of your use of our services, you agree not to use them for any purpose that is unlawful or
prohibited by this Agreement, and you agree to comply with any applicable local, state, federal and
international laws, government rules or requirements.

Without limiting the generality of the foregoing, you agree that the following is a non-exclusive list of
actions that are not permitted when using the services:

x the uploading, posting or otherwise transmitting of any content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, slanderous, vulgar, obscene, libelous, invasive of
another's privacy, hateful, embarrassing or racially, ethnically or otherwise objectionable;
x activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and
child pornography;

x the impersonation of any person or entity, including, but not limited to, an employee of NameKing
or any of its affiliates, forum leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;

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

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

x the uploading, posting or other transmittal of any unsolicited or unauthorized advertising,


promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, as determined by NameKing in its sole discretion;

x the uploading, posting or other transmittal of any content that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit the functionalit y of any
computer software or hardware or telecommunications equipment such as "trojan horses" or engaging in
activities that result in illegal access to other computers or networks, including those of NameKing;

x "stalking" or otherwise harassing


another;

x collecting or storing personal data about other users;


or

x promoting or providing instructional information about illegal activities, promoting physical harm
against any group or individual, or promoting any act of cruelty to animals.

We reserve the right to cancel or terminate your use of the services if you engage in any of the activities
described above or your usage of the services results in, or is the subject of, legal action or threatened
legal action, against NameKing or any of its affiliates or partners, without consideration for whether such
legal action or threatened legal action is eventually determined to be with or without merit.

10. BREACH

You agree that all of the following may be considered by us a material breach of your obligations under
this Agreement: (i) your failure to abide by any provision of this Agreement, any NameKing operating rule
or policy or the dispute policy, (ii) your failure to pay any amounts due pursuant to this Agreement or any
other written or online agreement with us for services that we provide, (iii) your willful provision of
inaccurate or unreliable information as part of the application process, (iv) your failure to update your
information to keep it current, complete and accurate, or (v) your failure to respond for more than fifteen
(15) calendar days to inquiries from us concerning the accuracy of the contact details associated with
your domain name registration. You agree that if any of the following events occurs, we may then provide
a written notice describing the breach to you. If within ten (10) calendar days of the date of such notice
you have not provided evidence deemed satisfactory by us that you have not breached this Agreement or
any other agreement or terms of service with us, such NameKing operating rule or policy or the dispute
policy, we may delete the registration or reservation of your domain name, assume ownership of your
domain names registered with us and either hold them or sell them for our own account and/or terminate
any other NameKing service(s) you are using without further notice. We will not refund any fees paid by
you if we terminate your Agreement due to your breach.

11. REPRESENTATIONS AND WARRANTIES


You represent, warrant and agree that:

1. the information that you or your agent on your behalf provide to us during the application process
to register your domain name or to apply for other NameKing service(s) is, to the best of your knowledge
and belief, true, accurate and complete, and that any future changes to this information will be provided to
us in a timely manner according to the modification procedures in place at that time;

2. to the best of your knowledge and belief neither the registration of your domain name nor the
manner in which you intend to use such domain name will directly or ind irectly infringe, or conflict with, the
legal rights of a third party, including their intellectual property rights;

3. if you are a legal entity, you have all requisite right, power and authority to execute this
Agreement and to perform your obligations hereunder and the person performing activities on the entity's
behalf is so authorized to act on behalf of the entity;

4. if you are an individual, you are at least 18 years of age or that you have an agent who is 18
years of age or older and entering into this Agreement on your behalf; and

5. you have selected the necessary security option(s) for your domain name registration record.

You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are
provided on an "as is," and "as available" basis and that neither NameKing nor any of its representatives
makes any representation or warranty of any kind in connection with this Agreement or the provision of
any services to you.

12. DISCLAIMER OF WARRANTIES

NAMEKING EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND 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. THE
SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVILABLE" BASIS. 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; NOR DO WE MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH OUR DOT COM MAIL SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR .COM
MAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE 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 MAKE NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR
SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR
.COM MAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE
EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. INDEMNITY

You agree to release, indemnify, defend and hold harmless NameKing, its parent, subsidiaries and
affiliates and each of our and their respective employees, officers, director s , shareholders, affiliates,
contractors, agents, successors and assigns (collectively, the "NameKing Parties") from any and all
claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses,
including reasonable attorneys' fees and expenses, of third parties, relating to or arising under this
Agreement, the NameKing services provided hereunder, your domain name registration, or your use of
the NameKing services, including without limitation (i) infringement of or dilution by you, or someone else
using our service(s) from your computer, of any intellectual property or other proprietary right of any
person or entity, (ii) your failure to perform any of your obligations to us or others relating to the services
we provide or (iii) a violation of the terms of this Agreement or of policies and procedures incorporated
herein or relating to the service(s) provided. If we are threatened with suit or sued by a third party, we
may seek written assurances from you concerning your promise to indemnify us; your failure to provide
those assurances may be considered by us to be a material breach of this Agreement providing us any
and all remedies provided herein, including without limitation suspension or termination of your account
with us and confiscation of your domain names.

You further agree to indemnify, defend and hold harmless the NameKing Parties and their business
partners, and any applicable domain name registry, including without limitation VeriSign, Inc., Afilias
Limited, NeuLevel, Inc., NeuStar, Inc., SITA and Public Interest Registry, and their respective subsidiaries
and affiliates, and the directors, officers, employees and agents, subcontractors and shareholders of each
of them, from and against any and all claims, actions, losses, damages, expenses and costs, including
reasonable attorneys' fees and expenses, arising out of or relating to (i) your domain name registration,
(ii) any breach by you of this Agreement, including the Dispute Policy, or (iii) any third party claim, action,
or demand related to your domain name or the use thereof. This indemnification obligation shall survive
the termination or expiration of the registration agreement.

This indemnification obligation is in addition to any other rights or remedies NameKing may have against
you at law or in equity.

You agree that NameKing shall have the right to participate in the defense of any such claim through
counsel of its own choosing. You agree to notify NameKing of any such claim promptly in writing and to
allow NameKing to control the proceedings should it so desire. You agree to cooperate fully with
NameKing during such proceedings.

You agree to cooperate fully with NameKing during such proceedings. You agree you will not be entitled
to a refund of any fees paid to NameKing if, for any reason, NameKing takes corrective action with
respect to your improper or illegal use of its services.

14. EXCLUSIVE REMEDY

You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect
to any NameKing service(s) provided under this Agreement and/or for any breach by NameKing or its
employees of this Agreement is limited solely to the amount you paid for such service(s). TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY NAMEKING
PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR
OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS OR THE COST OF PROCURMENT OF SUBSTITUTE SERVICES) ARISING OUT
OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO US E ANY OF THE
SERVICES PROVIDED BY NAMEKINGTHE PROGRAM, EVEN IF NAMEKING HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER.

Without limiting the generality of the foregoing, you agree that we are not responsible for, and we
specifically disclaim, any loss or liability resulting from, but not limited to:

x loss or liability resulting from access delays or access


interruptions;

x loss or liability resulting from data non-delivery or data mis-


delivery;
x loss or liability resulting from acts of
God;

x loss or liability resulting from the unauthorized use or misuse of your Account Number, Password
or security authentication option;

x loss or liability resulting from errors, omissions, or misstatements in any and all information
or service(s) provided under this Agreement;

x loss or liability relating to the deletion of or failure to deliver or store e-mail


messages;

x loss or liability resulting from the disrupted development or interruption of your


website;

x loss or liability from inaccessibility of our dot com mail


service;

x loss or liability that you may incur in connection with our processing of your application for our
services, our processing of any authorized modification to your domain name record or your agents
failure to pay any fees, including the initial registration fee or re-registration fee; or

x loss or liability as a result of the application of our dispute


policy.

15. REVOCATION

You agree that we may terminate your contractual right to use our service(s) if the information that you
are obligated to provide to register your domain name or register for other NameKing service(s), or that
you subsequently modify, contains false or misleading information, or conceals or omits any information
we would likely consider material to our decision to register your domain name or to continue to provide
you domain name registration services.

NameKing expressly reserves 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 NameKing, as well as its
affiliates, subsidiaries, officers, directors and employees. We also reserve the right to freeze a domain
name during the resolution of a dispute, whether an "official" dispute such as a lawsuit or the filing of a
UDRP, or an "unofficial" dispute as determined in our sole discretion..

16. RIGHT OF REFUSAL

We, in our sole discretion and without any liability to us, reserve the right to refuse to register or continue
to host registration of any domain name for any reason, including your failure to comply with the terms of
this Agreement. In the event we refuse to register your domain name or continue to support an existing
registration we will not issue a refund for any applicable fees you have paid. We will inform you that
NameKing refuses to provide you the service, and, in the case of an existing domain registration, may
allow you a period of time to transfer the domain away from NameKing. If you are unwilling or unable to
transfer a domain that we have refused, you agree that we may delete the domain in question. You agree
that we shall not be liable to you for loss or damages that may result from our refusal to register or our
deletion your domain name or refusal to register you for other services.

17. LANDING PAGES AND PARKING PAGES

All domain names registered through NameKing which do not specify a DNS may be pointed to a
"Coming Soon," For Sale, Search, or special Idle Web page which informs visitors that the registrant has
recently registered their domain name at NameKing. These web pages may be modified at any time by
NameKing without prior notice to you and may include such things as, without limitation (i) links to
additional products and services offered by NameKing, (ii) advertisements for products and services
offered by third-parties, and (iii) an internet search engine interface. You agree that NameKing has the
right to point names as set forth herein without compensation or remuneration to you.

18. AGREEMENT TO BE BOUND

By applying for a NameKing service(s) through our online application process or by applying for and
registering a domain name as part of our web or e-mail template application process or by using the
service(s) provided by NameKing under this Agreement, you acknowledge that you have read and agree
to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or
may be published by NameKing at any time. These terms will continue to apply to all past use of the
service(s) by you, even if you are no longer using the service(s). You acknowledge and agree that we
may terminate or block your use of all or part of the service without prior notice for any reason, including,
without limitation, if we believe you have engaged in conduct prohibited by these terms. You agree that
upon termination or discontinuance for any reason, NameKing may delete all information related to you
on the service and may bar your access to and use of the service.

19. AGENTS

You agree that if your agent (e.g., an Internet Service Provider, employee, etc.) purchased our service(s)
on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the
dispute policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By
acting on your behalf, your agent certifies that he or she is authorized to purchase our services on your
behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he
or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible
for any errors made by your agent. We will not refund fees paid by you or your agent on your behalf for
any reason, including, but not limited to, if your agent fails to comply with the terms and conditions of this
Agreement, incorrectly provides information in the application process changes or otherwise modifies
your domain name record incorrectly.

20. NOTICES, ANNOUNCEMENTS AND COMPLAINTS

You authorize us to notify you of information that we deem is of potential interest to you. Notices and
announcements sent to the registered name holder may include commercial e-mails and other notices
describing changes, upgrades, new products and services or other informatio n pertaining to Internet
security or to enhance your identity on the Internet and/or other relevant matters. If you do not wish to
receive b ulk em ail sol icitation notices or ann ounceme nts ple ase se nd us an email at
support@[Link].
Notices concerning breach will be sent by email to the registered name holder or in the alternative by the
postal address you have on file with us. In both cases, delivery shall be deemed to have been made five
(5) days after the date sent. Notices from you to NameKing (which shall be deemed to have been made
by you to NameKing five (5) days after the date sent) shall be made either by email, sent to the address
we provide on our web site, or first class mail to our address at:

NameKing, Inc.
c/o Rook Media AG
1 Meadow Rd
Suite 210
Florida, NY 10921

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

(2) Any notice, complaint, or other communication to be delivered to NameKing via email under this
agreement shall be deemed to have been properly delivered if sent to its Legal or Abuse Contact
mentioned in the Customer Control Panel or on the NameKing's Website. We strive to respond to
complaints by return email within two business days.

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

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

21. GOVERNING LAW; JURISDICTION AND VENUE

Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a
domain name registration this Agreement, this Agreement shall be governed by, and construed in
accordance with, the laws of the State of California, without giving any effect to any choice of law
provisions thereof that would cause the application of the laws of any other jurisdiction, as if the
Agreement was a contract wholly entered into and wholly performed within the State of California. The
United Nations Convention on Contracts for the International Sale of Goods shall not apply to these
Terms of Service.

You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of this
Agreement or our performance of services for you, shall be brought and maintained exclusively in the
state or Federal courts located in Los Angeles County, California. You hereby expressly and irrevocably
submit to the jurisdiction of the state or Federal courts located in Los Angeles County, California for the
purpose of any such litigation as set forth above. You further irrevocably consent to the service of process
by personal service within or without the State of California. You expressly and irrevocably waive, to the
fullest extent permitted by law, any objection which it may now or hereafter have to the laying of venue of
any such litigation brought in any such court referred to above and any claim that any such litigation has
been brought in an inconvenient forum. Notwithstanding the foregoing, for the adjudication of third party
disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain
names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's
domicile, and (b) where we are located, currently Los Angeles, California.

You agree that any cause of action arising out of or related to the services provided to you by NameKing
must commence within one (1) year after the cause of action arose; otherwise, such cause of action is
permanently barred.

22. ADDITIONAL REGISTRY REQUIREMENTS

The following provisions apply to any domain names that you register through NameKing in the relevant
registry(ies).

(.INFO) With respect to any registration of a .INFO second level domain name, you agree to the following
terms:

x You consent to the use, copying, distribution, publication, modification, and other processing of
your 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;

x You agree to submit to proceedings under the 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 by Afilias in its discretion;

x You agree to immediately correct and update the registration information for the .INFO registered
domain name during registration term for such domain name; failure to correct this information shall
constitute a breach of this Agreement; and

x You acknowledge 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 given
domain name during these periods, and (b) the results of any dispute over a Sunrise Registration.

NameKing and Afilias expressly reserve the right to deny, cancel or transfer any registration that either
shall deem necessary, in its discretion, to protect the integrity and stability of the .INFO 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 NameKing
and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. NameKing and
Afilias also reserve the right to lock a domain name during resolution of a dispute.

23. MISCELLANEOUS

Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY WAIVES, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR
PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS AGREEMENT AND ANY
AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED OR WHICH MAY IN THE
FUTURE BE DELIVERED IN CONNECTION HEREWITH OR THEREWITH, AND AGREES THAT ANY
SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.

No Guarantee. You agree that, by registration of your chosen domain name, such registration does not
confer immunity from objection to either the registration or use of your domain name.

No Third Party Beneficiaries. Except as expressly provided herein, nothing in this Agreement, express
or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under
or by reason of this Agreement.

Prohibition of Assignment. You may not assign any of your rights or delegate any of your duties under
this Agreement without the prior written consent of NameKing. Any attempt by your creditors to obtain an
interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise,
renders this Agreement voidable at our option.

Successors and Assigns. Except as otherwise expressly provided herein, this Agreement shall bind and
inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

Intellectual Property. You agree that NameKing holds all right, title and interest in and to all services, its
websites any information and technology used to provide the services, including any application
programming interfaces, and all intellectual property rights of NameKing, including other rights related to
intangible property. You acknowledge that no title or interest in such intellectual property rights is being
transferred to you and you agree to make no claim of interest in any such services.

Force Majeure. If any party fails to perform its obligations because of strikes, lockouts, labor disputes,
embargoes , acts of God, inability to obtain labor or materials or reasonable substitutes for labor or
materials, governmental restrictions, government regulations, governmental controls, judicial orders,
enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the
reasonable control of the party obligated to perform, then that party's performance shall be excused.

Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, right, or remedy. No failure or delay by NameKing in exercising any right, power or
privilege hereunder shal l operate as a waiver thereof nor shal l any single or partial exercise thereof
preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The
rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies
provided by law.

Severability. The provisions of this Agreement are severable. If a court or an arbitrator of competent
jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part
for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be
affected. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be
invalid, prohibited or unenforceable in such jurisdiction, it shall, as to such jurisdiction, be so narrowly
drawn, without invalidating the remaining provisions of this Agreement or affecting the validity or
enforceability of such provision in any other jurisdiction.

Entire Agreement. Excep t as may be set forth in an written agreement signed between you and
NameKing, this Agreement, together with all of our policies published by us, including our dispute policy,
Privacy Policy and domain deletion and auto-renew policy constitute the final, complete, and exclusive
agreement between us regarding our provision to you of the services and supersedes all prior and
contemporaneous understandings or agreements of the parties, whether established by custom, practice,
policy or precedent.

Attorneys Fees. If NameKing prevails in any action, suit, or proceeding arising from or based upon this
Agreement, NameKing shall be entitled to recover from you its reasonable attorneys' fees in connection
therewith in addition to the costs of such action, suit, or proceeding.

Headings. The headings in this Agreement are descriptive and are included for convenience only and
shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of
the rights or obligations of the parties this Agreement.

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