.com, .org, .biz, .info, .net, .us domains registration agreement.

1.       Definitions.

a. "Customer" refers to the person or organization purchasing the Domain name. The Customer is a party to this agreement.

b. "Registrar" refers to Pccert.org, an ICANN-accredited Registrar which registers .COM, .NET, and .ORG Top Level Domains (TLDs) under the brand name "Pccert". Pccert is a party to this agreement.

c. "Registry Administrator" refers to the administrator of the shared domain registry. The Registry Administrator is Network Solutions Inc., whose actions are overseen by ICANN.

d. "Domain" refers to a second-level domain of the DNS, which is being registered via this agreement.

2.       Effective Date. This agreement, between Customer and Registrar, commences on the date that Customer requests registration of a Domain, or on the date that Customer makes payment of registration fees for a Domain, whichever is later. This agreement applies separately to each Domain registered by Customer.

3.       Responsibilities of Registrar. It is the responsibility of Registrar to register the Domain by submitting the Domain, nameserver information, and other information necessary for the creation and maintenance of the Domain, to the Registry Administrator. It is also the responsibility of Registrar to bill Customer for registration fees, to maintain contact information for Customer, and to provide to Customer a means of updating contact information and nameserver information for the Domain.

4.       Responsibilities of Customer. When registering the Domain, Customer must submit accurate and reliable contact details and promptly correct and update them during the term of the Domain registration, including: Customer's full name, postal address, e-mail address, voice telephone number, and fax number if available; and, in the case that the Customer is an organization, association, or corporation: the name of authorized person for contact purposes.

Customer acknowledges that willfully providing inaccurate or unreliable contact information, or failure to promptly update information, or failure to respond for over fifteen calendar days to inquiries by Registrar concerning the accuracy of Customer data shall constitute a material breach of this agreement and will be sufficient basis for cancellation of the domain registration.

5.       Customer Representations. Customer represents that, to the best of Customer's knowledge and belief, neither the registration of the Domain nor the manner in which it is directly or indirectly used infringes on the legal rights of any third party.

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

Customer agrees that registration of the Domain shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any Registrar or Registry policy not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by any Registrar, the Registry, or the Registry administrator in registering the name, or (2) for the resolution of disputes concerning the Domain and/or (3) pursuant to an order issued by a court or arbitral tribunal.

Customer understands and agrees that Customer, and not the Registrar, shall have the sole responsibility to protect and defend Customer's Domain by appropriate legal action.

Customer acknowledges that they have read and understand Domain Name Dispute Resolution Policy. .

6.       Payment and Term. Customer agrees to pay the annual fee for each domain registered by Customer, in accordance with the pricing information found on our website. Customer acknowledges that domains are not reserved or registered until payment is received, and the transaction has cleared our fraud-screen process. All domain registration fees are non-refundable. The initial period of this agreement is for the period from the date of registration/renewal through expiration, and will be renewed yearly upon payment of the then-current yearly registration fee. Customer will be given 30 days notice prior to expiration of Domain registration in which to submit payment. If Domain registration fees are not paid within the 30 days prior to registration expiration, the Domain will be subject to deactivation and/or termination by the Registry Administrator.

7.       Ownership. The person or organization listed as the organizational contact at the commencement of this agreement will be considered the "owner" of the domain name. Although Registrar will accept changes to Domain contact information via Customer's control panel, Registrar's record of the Domain "owner" can only be changed via the following procedure. To transfer ownership of the Domain to another party, the Customer must pay all outstanding registration fees, and submit a written letter to Registrar that describes their intent to relinquish ownership of the Domain to another party. The new Domain owner must submit a written letter to Registrar that indicates their acceptance of the terms of this agreement. The new Domain owner must also pay a transfer of registration fee.

8.       Chargebacks and Fraud. In the event that payment for the Domain is revoked (for example, due to fraudulent credit card or bounced check), the Domain will be immediately deactivated, and ownership of the Domain will be immediately transferred to Registrar without prior notice to Customer. At Registrar's option a penalty fee may be assessed, which must be paid in full along with registration fees before Domain ownership is returned to Customer.

9.       Domain Name Dispute Resolution Policy. Customer agrees to be bound to Registrar's Domain Name Dispute Resolution Policy.

10.   Acceptable Use. Pccert reserves the right to deactivate or disable services (temporarily or permanently, at our option) for any reason, including, but not limited to: illegal activity, soliciting the performance of any illegal activity, conducting any activity which infringes on the rights of Pccert or any third party, sending of mass email (solicited or unsolicited) or other activity which results in reasonable complaints from third parties.

11.   Disclaimer of Warranties. EXCEPT AS SET FORTH HEREIN, REGISTRAR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN SOME CASES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.

12.   Indemnification. Customer and Registrar each agree to indemnify, defend and hold harmless the other from and against any third party claim, action, suit, or proceeding arising out of the inaccuracy of any respective representation Mmade to the other. Such indemnity shall apply to all losses, damages, liabilities, and reasonable attorney's fees and costs incurred by the party receiving the benefit of this paragraph.

Additionally, Customer shall indemnify and hold harmless the Registry and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fess and expenses) arising out of or related to the Domain registration.

13.   Limitations on Liability. Except for each party's respective indemnity obligations, in no event shall either party be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits, arising out of or in connection with this Agreement and/or the Domain Registration. Some states do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply. Registrar's liability to Customer for actual damages for any cause whatsoever, regardless of the form of action, will be strictly limited to a maximum of the total fees paid by Customer to Registrar.

14.   Miscellaneous Provisions.

a. For the adjudication of disputes concerning or arising from use of the Domain, Customer hereby submits to the jurisdiction of the courts San Diego County, California. The prevailing party in any action will be entitled to reasonable attorney's fees and costs. This Agreement will be governed by California law without giving effect to principles of conflict of laws.

b. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions shall remain in full force and effect.

c. The waiver of any breach of this Agreement will not operate as a waiver of any other or subsequent breach.

d. This Agreement, including the Domain Dispute Policy, constitutes the entire understanding and agreement between Registrar and Customer. This Agreement may only be amended in writing signed by both parties.

e. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture, or employer-employee relationship is intended or created. Neither party shall have the power to obligate or bind the other.

f. Any notices required or permitted hereunder may be given by electronic mail or fax if receipt is confirmed by the recipient, or if the notice is also sent by first class mail. Notice will be deemed given on the date the electronic mail is sent.

Amendment A: Additional terms for .biz domain names.

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.

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.

3.       PROVISION OF REGISTRATION DATA.
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.
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.

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.

5.       DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that the registry operator, in its sole discretion, may modify its dispute policy. The registry operator will post any such revised policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications.

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.

7.       RESERVATION OF RIGHTS. Pccert 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 Pccert and/or NeuLevel, Inc., as well as thier affiliates, subsidiaries, officers, directors and employees. Pccert and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

Amendment B: Additional terms for .info domain names.

1.       Registrant consents to the use, copying, distribution, publication, modification, and other processing of the Registrant's Personal Data by the .INFO registry operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract with ICANN, available at http://www.icann.org/tlds/

2.       Registrant agrees to submit to proceedings under the UDRP and comply with the requirements set forth by the registry operator for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy, available at http://www.afilias.info/faq/sunrise-challenge.html . These policies are subject to modification by the registry operator.

3.       Registrant agrees to immediately correct and update the registration information for any domain name during its registration term, failure to correct this information shall constitute a breach of this Agreement.

4.       Registrant acknowledges that the registry operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a Registrant to obtain a domain name during either the Sunrise or Land Rush periods, and (b) the results of any dispute over a domain name registration which is processed during the Sunrise period.

5.       Registrar and the registry operator 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 applicable dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or the registry operator as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and the registry operator also reserve the right to freeze a domain name during resolution of a dispute.