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DOMAIN NAME REGISTRATION AGREEMENT CUSTOMER
DOMAIN REGISTRATION PRODUCT AGREEMENT EXTENSION Outpower
Hosting (hereinafter referred to as 'Parent') AND you (hereinafter referred to
as 'Customer') HAVE entered
into a Customer Master Agreement ('Agreement') effective from Today of which
this 'Domain Registration Product Agreement Extension' is a part. WHEREAS, Parent
is authorized to provide Internet registration and management services for second-level
domain names within .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL,
.WS, .COOP, CentralNIC, .MOBI, .ASIA, .ME and .TEL
top level domains and .NAME Defensive Registrations and .NAME Mail Forwards; WHEREAS, the
Customer wishes to purchase Registration and/or Management and/or Renewal and/or
Transfer for .COM or .NET or .ORG or .BIZ or .INFO or .NAME or .US or .IN or .EU
or .UK or .TRAVEL or .WS or .COOP or CentralNIC or .MOBI
or .ASIA or .ME or .TEL top level domains or .NAME Defensive Registrations or .NAME
Mail Forwards through Parent; NOW, THEREFORE,
for and in consideration of the mutual promises, benefits and covenants
contained herein and for other good and valuable consideration, the receipt, adequacy
and sufficiency of which are hereby acknowledged, Parent and the Customer, intending
to be legally bound, hereby agree as follows: 1. DEFINITIONS (1) 'TLD' refers
to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP,
CentralNIC, .MOBI, .ASIA, .ME and .TEL (2) 'gTLD' refers to .COM, .NET, .ORG, .BIZ,
.INFO, .NAME, .TRAVEL, .COOP, .MOBI, .ASIA and .TEL (3) 'Domain
Order' refers to an Order fulfilled by the Customer through the Parent under
this Domain Registration Product Agreement Extension (4) 'Registrant'
refers to the registrant/owner of a Domain Order as in the Outpower Hosting
Database. (5) 'Registrar'
refers to the Registrar of a Domain Order as in the Outpower Hosting Database
and/or shown in the Whois Record; (6) Registry
Operator refers to the Organisation/Entity that
maintains the registry of a TLD of a Domain Order; (7) 'Whois Record' refers to the collection of all data elements
of the Domain Order, specifically its Registrant Contact Information, Administrative
Contact Information, Technical Contact Information, Billing Contact Information,
Nameservers if any, its Creation and Expiry dates, its
Registrar and its current Status in the Registry; 2. OBLIGATIONS
OF THE CUSTOMER (1) The
Customer must ensure that the Registrant of each Domain Order must agree to be
bound by the terms and conditions laid out by the Registrar of the Domain Name
during the term of the Domain Order. The Customer must familiarize himself with
such terms. The Customer acknowledges that the Registrar has various rights and
powers as mentioned in the Registrar's terms and conditions. Parent is not
liable for any action taken by Registrar pursuant to the Registrar's terms and
conditions. The Customer acknowledges and agrees that the Customer shall
indemnify Parent of, and shall be responsible for any liability resulting from
Registrants' noncompliance with such terms and conditions. (2) The
Customer will not make any changes to any information associated with the
Domain Order without explicit authorization from the Registrant of that Domain
Order. (3) The
Customer must comply with all applicable terms and conditions, standards, policies,
procedures, and practices laid down by ICANN, the
Registrar and the Registry Operator. 3. RIGHTS
OF PARENT Parent and
Service Providers, in their sole discretion, expressly reserve the right to
freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer
any Domain Order, in order to comply with any applicable Dispute policies, requests
of law enforcement, or in compliance with any Court Orders, or if Parent or
Service Providers in their sole discretion determine that the information
associated with the Domain Order is inaccurate, or has been tampered with, or
has been modified without authorization, or if Parent or Service Providers in
their sole discretion determine that the Domain Order ownership should belong
to another entity, or if Customer/Customer/Registrant does not comply with any
applicable terms and conditions, standards, policies, procedures, and practices
laid down by Parent, Service Providers, ICANN, the Registrar and the Registry
Operator. The Customer agrees that Parent and Service Providers, and the
contractors, employees, directors, officers, representatives, agents and affiliates,
of Parent and Service Providers, are not liable for loss or damages that may
result from any of the above. 4. SURVIVAL In the
event of termination of this Product Agreement Extension for any reason, Sections
2 and 3 shall survive APPENDIX
'A' PRIVACY
PROTECTION SERVICE SPECIFIC CONDITIONS 1. DESCRIPTION
OF SERVICES The
Privacy Protection Service hides the contact details of the actual owner from
appearing in the Whois Lookup Result of his domain
name. 2. IMPLEMENTATION
DETAILS (1) Customer
acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those
designated by the Parent, and (1) any mail received via post at this Address would be rejected; (2) any telephone call received at this Telephone Number, would
be greeted with an electronic answering machine requesting the caller to email
the email address listed in the Whois of this privacy
protected domain name; (3) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an
automated response email asking them to visit the URL http://www.privacyprotect.org/
to contact the Registrant, Administrative, Billing or Technical Contact of a
privacy protected domain name through an online form. This message would be
relayed as an email message via http://www.privacyprotect.org/ to the actual
Registrant, Administrative, Billing or Technical Contact email address in the Outpower
Hosting Database. (2) Customer
agrees that we can not guarantee delivery of messages to either the Registrant,
Administrative, Billing, Technical Contact, of a privacy protected Domain Order,
and that such message may not be delivered in time or at all, for any reason
whatsoever. Parent and Service Providers disclaim any and all liability
associated with non-delivery of any messages relating to the Domain Order and
this service. (3) Customer
understands that the Privacy Protection Service is only available for certain TLDs (4) Irrespective
of whether Privacy Protection is enabled or not, Customers and Registrants are
required to fulfill their obligations of providing true and accurate contact
information as detailed in the Agreement (5) Customer
understands and acknowledges that Parent in its sole, unfettered discretion, can
discontinue providing Privacy Protection Services on the Order for any purpose,
including but not limited to - (1) if Parent receives any abuse complaint for the privacy
protected domain name, or (2) pursuant to any applicable laws, government rules or
requirements, requests of law enforcement agency, or (3) for the resolution of disputes concerning the domain name (4) or any other reason that Parent in its sole discretion deems
appropriate to switch off the Privacy Protection Services 3. OBLIGATIONS
OF CUSTOMER Customer
must ensure that the Registrant of each Domain Order must also acknowledge and
agree to be bound by the following terms and conditions. The Customer
acknowledges and agrees that the Customer shall indemnify Parent of, and shall
be responsible for any liability resulting from Customer's nondisclosure of
these terms to Registrant of Domain Order. 4. INDEMNITY Customer
and Registrant agree to release, defend, indemnify and hold harmless Parent, Service
Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates,
shareholders, agents, directors, officers and employees, from and against any
and all claims, demands, liabilities, losses, damages or costs, including
reasonable attorney's fees, arising out of or related in any way to the Privacy
Protection services provided hereunder.
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