Terms of Service

By creating an account, you agree to our Terms of Service

These Terms of Service (the “Agreement”) are an agreement between HostClear ("HostClear" or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by HostClear and of the hostclear.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

1. Additional Policies and Agreements

  1. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

    1. Privacy Policy
    2. Acceptable Use Policy
    3. Copyright Infringement Policy
    4. Domain Registration Agreement
    5. Registrant Educational Materials

  2. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

2. Account Eligibility

  1. By registering for or using the Services, you represent and warrant that:

    1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
    2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

  2. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. HostClear is not responsible for any lapse in the Services, including without limitation any lapsed domain registrations, due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the HostClear Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In certain cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

  3. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

  4. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

3. Transfers

We may assist you with the transfer of your website to our platform for an additional fee. Please contact a member of our Transfers department to receive a price quote. However, in some cases we may not be able to transfer your data from an old host. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. In no event shall HostClear be held liable for any lost or missing data or files resulting from a transfer to or from HostClear. You are solely responsible for backing up your data in all circumstances.

4. HostClear Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "HostClear Content"), are the proprietary property of HostClear or HostClear’s licensors. HostClear Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any HostClear Content. Any use of HostClear Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any HostClear Content. All rights to use HostClear Content that are not expressly granted in this Agreement are reserved by HostClear and HostClear’s licensors.

5. User Content

  1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to HostClear that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

  2. Solely for purposes of providing the Services, you hereby grant to HostClear a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, HostClear does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

  3. HostClear exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through HostClear's computers, network hubs and points of presence or the Internet. HostClear does not monitor User Content. However, you acknowledge and agree that HostClear may, but is not obligated to, immediately take any corrective action in HostClear’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that HostClear shall have no liability due to any corrective action that HostClear may take.

6. Third Party Products and Services

  1. Third Party Providers
    HostClear may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. HostClear does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. HostClear is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

  2. HostClear as Reseller or Licensor
    HostClear may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-HostClear Products"). HostClear shall not be responsible for any changes in the Services that cause any Non-HostClear Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-HostClear Products, either sold, licensed or provided by HostClear to you will not be deemed a breach of HostClear's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-HostClearProduct are limited to those rights extended to you by the manufacturer of such Non-HostClear Product. You are entitled to use any Non-HostClearProduct supplied by HostClear only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-HostClearProduct or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-HostClear Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

  3. Third Party Websites
    The Services may contain links to other websites that are not owned or controlled by HostClear ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

7. Prohibited Persons (Countries, Entities, And Individuals)

The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries or regions (each a “Sanctioned Country/Region”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country/Region or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, HostClear also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country/Region.

8. Account Security and HostClear Systems

  1. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. You are ultimately responsible for all actions taken under your account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

  2. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. HostClear may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

  3. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. HostClear may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.

  4. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by HostClear of an issue, we reserve the right to leave access to services disabled.

  5. HostClear reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

9. HIPAA Disclaimer

HostClear’s services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”).
You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. HostClear does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Customers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” is a material violation of this Agreement, and grounds for immediate account termination. HostClear does not sign “Business Associate Agreements” and you agree that HostClear is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, contact us at support@hostclear.com.

10. Compatibility with the Services

  1. You agree to cooperate fully with HostClear in connection with HostClear's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, HostClear is not responsible for any delays due to your failure to timely perform your obligations.

  2. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by HostClear to provide the Services, which may be changed by HostClear from time to time in our sole discretion.

  3. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. HostClear does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

11. Billing and Payment Information

  1. Prepayment.

    It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

  2. Autorenewal.

    Unless otherwise provided, you agree that until and unless you notify HostClear of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

  3. Taxes.

    Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to HostClear's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

  4. Late Payment.

    All invoices must be paid within fifteen (15) days of the invoice due date. Any invoice that is outstanding for more than fifteen (15) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, HostClear may suspend or terminate your account and pursue the collection costs incurred by HostClear, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. HostClear will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

  5. Domain Payments.

    It is solely your responsibility to notify HostClear’s Billing department via a support ticket created from http://help.hostclear .com after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and HostClear is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed fifteen (15) days before the renew date.

  6. Fraud.

    It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. HostClear may report any such misuse or fraudulent use, as determined in HostClear’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

  7. Invoice Disputes.

    You have ninety (90) days to dispute any charge or payment processed by HostClear. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

12. Cancellations and Refunds

  1. Payment Method.

    No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.

  2. Money-back Guarantee.

    HostClear offers a thirty (30) day money- back guarantee for HostClear's managed shared hosting services only. If you purchase an account with a thirty (30) day money-back guarantee and then cancel within the first thirty (30) days of the beginning of the initial term (the “Money-Back Guarantee Period”), you will, upon your written request to the HostClear Support Team (the “Refund Request”) within ninety (90) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic shared hosting fees previously paid by you to HostClear for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 12. Requests for these refunds must be made in writing to the HostClear Support Team. Refunds will only be issued for basic shared hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.

  3. Refund Eligibility.

    Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. There are no refunds on administrative fees and install fees for custom software. Violations of this Agreement will waive your rights under the refund policy.

  4. Non-refundable Products and Services.

    Domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at HostClear’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.

  5. Cancellation Process.

    You may terminate or cancel the Services by giving HostClear written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) HostClear may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
    Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." HostClear will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at 844-444-3811. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed. Cancellations for shared accounts will be effective on the account’s renewal date.

  6. Domains.

    Domain renewals are billed and renewed fifteen (15) days before the renewal date. It is your responsibility to notify HostClear’s Billing department via a support ticket created from http://help.hostclear .com to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

  7. Foreign Currencies.

    Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and HostClear is not responsible for any change in exchange rates between the time of payment and the time of refund.

  8. Termination

    HostClear may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm HostClear or others or cause HostClear or others to incur liability, as determined by HostClear in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, HostClear shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, HostClear may charge you for all fees due for the Services for the remaining portion of the then current term.
    UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

13. CPU, Bandwidth and Disk Usage

All use of hosting space provided by HostClear is subject to the terms of this Agreement and the Acceptable Use Policy.

Shared accounts may not be used to resell web hosting to others. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. HostClear expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. HostClear may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of HostClear’s terms and conditions. Shared servers are not limited in their bandwidth allowance.

14. Uptime Guarantee

If your shared server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of HostClear and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit http://help.hostclear.com to create a support ticket to our Billing department with justification within thirty (30) days of the end of the month for which you are requesting a credit.

15. Price Change

HostClear reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by HostClear through the user billing tool or through other methods of communication, including notices sent or posted by HostClear .

16. Coupons

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

17. Limitation of Liability

IN NO EVENT WILL HOSTCLEAR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF HOSTCLEAR IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOSTCLEAR'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOSTCLEAR FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

18. Indemnification

You agree to indemnify, defend and hold harmless HostClear, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

19. Arbitration

By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by HostClear and will be held at the AAA location chosen by HostClear in Texas. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, HostClear will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and HostClear alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against HostClear in violation of this paragraph, you agree to pay HostClear’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.

20. Independent Contractor

HostClear and User are independent contractors and nothing contained in this Agreement places HostClear and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

21. Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

22. Disclaimer

HostClear shall not be responsible for any damages your business may suffer. HostClear makes no warranties of any kind, expressed or implied for the Services. HostClear disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by HostClear or our employees.

23. Backups and Data Loss

Your use of the Services is at your sole risk. HostClear’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is only provided as a courtesy and may be modified or terminated at any time at HostClear’s sole discretion. HostClear is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on HostClear’s servers.

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.

24. Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, HOSTCLEAR AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. HOSTCLEAR AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. HOSTCLEAR AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

25. Disclosure to Law Enforcement

HostClear may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

26. Entire Agreement

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

27. Headings

The headings herein are for convenience only and are not part of this Agreement.

28. Changes to the Agreement or the Services

  1. HostClear may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the HostClear website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

  2. HostClear reserves the right to modify, change, or discontinue any aspect of the Services at any time.

29. Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

30. Waiver

No failure or delay by you or HostClear to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

31. Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of HostClear. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. HostClear may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

32. Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

33. Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

Domain Registration Agreement

HostClear Privacy Policy

By creating an account, you agree to our Privacy Policy

1. Who We Are

HostClear (“HostClear”) provides cloud-based solutions, including web hosting, web design, domain name registration and related products and services, to businesses, individuals, non-profit organizations and others. As a part of the The Endurance International Group, Inc. (“Endurance”), HostClear is able to provide a variety and range of products and services to help customers with their technological needs. To learn more about the Endurance corporate family, click here.

HostClear is committed to protecting any data that it collects concerning you. By using our products and services or visiting our website located at www.hostclear.com (collectively, the “Services”) you agree to the use of the data that we collect in accordance with this Privacy Policy. This Privacy Policy covers our collection, use and disclosure of information collected through your use of the Services. The purpose of this Privacy Policy is to enable you to understand what information of yours is collected, how and when we might use or share your information, and how you can correct any inaccuracies in the information. This Privacy Policy also explains our online information practices and your options concerning the way your information is collected and used.

2. Information We Collect

We collect the following types of information from you to provide you with the Services as well as for the purposes described below. The information may be provided by you voluntarily or we may automatically collect the information through communications, profiles, or cookies.

  1. Personal Information. The personal information we collect depends on the type of service, support, or sales inquiry, and may include your name, address, telephone number, fax number, email address, dates of service provided, types of service provided, payment history, manner of payment, amount of payments, date of payments, domain name, and credit card or other payment information. The financial information collected will only be used to bill you for the Services you purchase. If you make a purchase by credit card, this information may be forwarded to your credit card provider. Whenever you submit personal information a security icon will appear in your browser.

  2. Account Information.The account information we collect depends on the type of service, support, or sales inquiry, and may include your account status, your website features, and your website content.

  3. Cookies and Tracking. Your Internet browser has the in-built facility for storing small text files called "cookies" that hold information which allow a website to recognize your device. We use cookies to save your preferences and login information, and to provide personalized functionality. We may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. More specifically, we use different types of cookies for different purposes: (i) “required cookies” are necessary for our website to work properly, (ii) “performance cookies” allow us to analyze how you use our website so we can measure and improve the performance of our website, (iii) "functional cookies" allow us to remember choices you may have made on our website, and (iv) "advertising cookies" are used to present ads that are relevant to your interests.

    We may utilize cookies to track referrals from internal and external affiliates, as well as for advertising campaigns. We may also use a third party service provider to send emails that you have agreed to receive. Pixel tags and cookies may be used in those email messages to help us measure the effectiveness of our advertising and to enable us to provide more focused marketing communications to you. You can reject cookies by changing your browser settings, but be aware that this may disable some of the functionality on our website.
    n addition, we partner with a third party to display advertising on our website and to manage our advertising on other websites. Our third party partner may use technologies such as cookies to gather information about your activities on our website and other websites in order to provide you with ads based upon your browsing activities and interests. If you do not wish to have this information used to serve you interest-based ads, you may opt-out by contacting support LINK TO SUPPORT. Please note that this does not opt you out of being served ads in general. You will continue to receive generic ads unless you opt-out by using the unsubscribe link in any promotional email that you receive or as otherwise provided in the communication.

  4. Customer Surveys. We may periodically conduct customer surveys. Participation in our customer surveys is voluntary. However, we encourage our users to participate in these surveys because they provide us with important information that helps us improve the types of services we offer and how we provide them to you. Your personal information, including your name, address, and phone number, if provided, will remain confidential, even if the survey is conducted by a third party service provider on our behalf.

  5. Social Media. Our website includes social media features, such as, the Facebook "Like" button. These features may collect your IP address and which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets may be hosted by a third party or directly on our website. Your interactions with these features are governed by the privacy policy of the company providing the feature.

  6. Data and Information Submitted to Third Parties on Our Network.This Privacy Policy does not apply to data, personal information, or account information that may be submitted to, or collected by, third-party or other customer websites hosted by HostClear or to domain names registered by customers through HostClear. Such websites and domain names are not owned or controlled by HostClear. You should independently evaluate the privacy policies of any such third-party websites before submitting data, personal information, or account information to them.

3. Use Of Information

  1. Personal and Account Information. The personal information and account information we collect is used for billing and to provide service and support to our customers. We may study this information to determine our customers’ needs and to promote certain products and services or additional support that we believe would be of interest to specific customers. We may also generate non-identifying and aggregate profiles from the information provided by customers, such as, the total number of customers in a given category. This aggregated and non-identifying information may be used to determine which advertisements will appear on our website and in connection with the Services.

    We take reasonable precautions to prevent unauthorized access to your information. Accordingly, we may require you to provide additional forms of identity should you wish to obtain information about your account details. HostClear may also use the personal information or account information you provide to email HostClear’s monthly newsletter to the primary contact e-mail on file, or to contact you about other products or services that we think may be of interest to you.

  2. Log Files. We use IP addresses to analyze trends, administer our website and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personal information. However, it is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and web browsing.

  3. Customer Surveys We may use the contact and other information provided to follow up with customers to help resolve issues, internally or with our third party partners, which the customer identified in their survey response. For example, HostClear may contact customers based on their survey answers or to highlight certain changes we made in response to customer feedback.

  4. Promotional Emails We may use the email you provide through our website to contact you about our products and services even if you have not subscribed to our services. You can opt-out of receiving these emails by using the unsubscribe link in any promotional email that you receive or as otherwise provided in the communication.

4. Disclosing Information

We will not share your personal information with third parties other than as described in this Privacy Policy without your prior consent. We do not sell your personal information to third parties.

  1. Partners and Sponsors Some of our products or services are offered or promoted to our customers in conjunction with a partner or sponsor, or another brand or company within our corporate family. We may share your information with these parties to offer the product or service or to facilitate your use of additional features included with your hosting account. For example, one of our partners may provide services to you through a link that you access from your control panel.

    We may also disclose aggregate, anonymous data based on information collected from customers to potential partners, reputable third parties and other companies or brands within our corporate family. We will only share your information with third parties that agree to maintain the confidentiality of your information and to only use your information for purpose of providing the product or service as agreed upon by HostClear.

  2. Service Providers. We may transfer (or otherwise make available) your personal information or account information to third parties that help us provide the Services or provide services on our behalf. Your personal information or account information may be maintained and processed by our third party service providers in the United States or in other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.

  3. Online Advertisements. We do not share personally identifiable information about individual customers with advertisers. We may share aggregated and non-identifying information about our customers that we collect through the registration process or through online surveys and promotions with certain advertisers. In some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For example, an advertiser may tell us the audience they want to reach are small businesses that have online stores and provide us with an advertisement tailored to that specific audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience.

  4. Customer Surveys. We may share customer information obtained from customer surveys within our corporate family, and with trusted third parties to develop or provide products and services that we believe would be of interest to our customers.

  5. Domain Registration. In certain jurisdictions or pursuant to the rules of the Internet Corporation for Assigned Names and Numbers ("ICANN") or certain registries, the contact information you provide to register a domain name (“Domain Name Registration Information”) has to be made available and accessible to the public through a "WHOIS" search. The WHOIS database is a publicly accessible database that lists the Domain Name Registration Information for a particular domain name, the name server(s) to which the domain name points, and the domain name's creation and expiration date. The Domain Name Registration Information you provide is hosted by us or a third party service provider and is made available to the public through the WHOIS database. At times, customers may receive solicitations that result from searches of the publicly available WHOIS database by other companies or individuals. Any such solicitations or SPAM do not come from HostClear and we do not control the use of WHOIS information by third parties. Further, pursuant to ICANN rules, HostClear is required to make WHOIS data available to any third party that enters into a bulk access agreement. While ICANN allows individuals to opt-out (using the account management panel, domain management console or similar service) of having their WHOIS information made available to third parties through bulk access, companies, such as ours, and other organizations do not have the ability to opt-out of having their information made available to a third party that enters into a bulk access agreement. We may also deposit your Domain Name Registration Information with a third-party escrow provider to comply with ICANN requirements.

  6. Law Enforcement and Special Cases. We cooperate with government and law enforcement officials to enforce and comply with the law. We will disclose information about users upon a valid request by government or law officials as we, in our sole discretion, believe is necessary or appropriate to respond to claims and legal process (including without limitation subpoenas) or as otherwise required to comply with applicable laws. We may also disclose information that is necessary to identify, contact, or bring legal action against a party that threatens us, our systems or our customers (for example, to prevent a Distributed Denial of Service or “DDoS”, attack).

  7. Mergers, Sale or other Asset Transfer. If HostClear is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email or through a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

5. Your Options

  1. Correcting/Updating Personal Information. If your information changes or is incorrect, you may update or correct such information through our billing system at my.hostclear.com/billing or by emailing us at privacy@hostclear.com.

  2. Data Retention. We will retain your information for as long as needed to provide you with the Services or as is necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  3. Opt Out. By default, you will receive invoices, any system updates, HostClear newsletters and other mailings. You are able to opt out of newsletters and mailings by using the unsubscribe link in any promotional email or as otherwise provided in the communication. Please note that customers may not opt out of receiving important system notifications or emails about their accounts.

  4. Public Forums. Please remember that any information you may disclose or post on public areas of our websites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas. To request the removal of your personal information from our community forums or testimonials, contact us at privacy@hostclear.com. In some cases, we may not be able to remove your personal information, in which case we will let you know why we are unable to do so.

  5. Data Security. HostClear uses technical security measures to prevent the loss, misuse, altering or unauthorized disclosure of information under our control. Such security measures include but are not limited to: physical, electronic and managerial procedures to safeguard and secure the information we collect online. All sensitive information is collected on a secure server. When we ask customers to provide financial information (such as credit card numbers) that data is protected using Secure Sockets Layer ("SSL") technology. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about the security of our Services, you can contact us at legal@hostclear.com.

6. Children

This website is not directed towards children and we do not seek to collect any personal information from children. If we become aware that personal information from a child under the age of thirteen (13) has been collected, we will use all reasonable efforts to delete such information from our database.

7. Changes to this Policy

We reserve the right to revise, amend, or modify this Privacy Policy at any time and in any manner. However, if we plan to materially change how we use previously collected personal information, you will be notified via email or through a prominent notice on our website of the change, as well as any choices you may have regarding your personal information. We encourage you to periodically review this page for the latest information on our privacy practices.

8. Contacting us

HostClear encourages individuals to contact us with any questions concerning this Privacy Policy and the processing of personal information by contacting HostClear via email at privacy@HostClear .com or at the address below.

HostClear
5005 Mitchelldale, Suite #100
Houston, TX 77092
United States of America

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into HostClear’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. HostClear may modify this AUP at any time without notice.

The Services provided by HostClear may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. HostClear reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.

  1. Prohibited Uses

    1. Infringement of Intellectual Property Rights.

      1. Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.

      2. If you believe that your intellectual property rights are being infringed upon, please email abuse@hostclear .com. For copyright infringement claims, HostClear follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures. A list of the information required to submit a sufficient copyright infringement claim can be found  here.

    2. Using a shared account as a backup/storage device.

      You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

  2. Unacceptable Material

    1. Unacceptable material on our servers include without limitation:

      1. Topsites
      2. IRC Scripts/Bots
      3. IRCD (irc servers)
      4. Proxy Scripts/Anonymizers
      5. Image Hosting Scripts (similar to Photobucket or Tinypic)
      6. AutoSurf/PTC/PTS/PPC sites
      7. IP Scanners
      8. Bruteforce Programs/Scripts/Applications
      9. Mail Bombers/Spam Scripts
      10. Banner-Ad services (commercial banner ad rotation)
      11. File Dump/Mirror Scripts (similar to rapidshare)
      12. Commercial Audio Streaming (more than one or two streams)
      13. Escrow/Bank Debentures
      14. High-Yield Interest Programs (HYIP) or Related Sites
      15. Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
      16. Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
      17. Prime Banks Programs
      18. Lottery/Gambling Sites
      19. MUDs/RPGs/PBBGs
      20. Hacker focused sites/archives/programs
      21. Sites promoting illegal activities
      22. Forums and/or websites that distribute or link to warez/pirated/illegal content
      23. Bank Debentures/Bank Debenture Trading Programs
      24. Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
      25. Mailer Pro
      26. Push button mail scripts
      27. Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
      28. Tell A Friend Scripts
      29. Anonymous or Bulk SMS Gateways
      30. Bitcoin Miners
      31. PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)

    2. Child Pornography Prohibited.

      Content that is potentially harmful to minors, as determined in HostClear’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.

    3. Other Prohibited Content.

      We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.

  3. Unacceptable Resource Usage

    1. You may not:

      1. Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.

      2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

      3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

      4. Run any software that interfaces with an IRC (Internet Relay Chat) network.

      5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

      6. Participate in any file-sharing/peer-to-peer activities

      7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.

      8. Run cron entries with intervals of less than fifteen (15) minutes.

      9. Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.

      10. Include the URL when using PHP include functions for including a local file. Instead of including 'http://yourdomain.com/include.php', use 'include.php' or '/home/username/public_html/include.php'.

      11. Force html to handle server-side code (like php and shtml) to help reduce usage.

      12. Use https protocol unless it is necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

    2. INODES.

      The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.

      User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: “:fail: No such user here”.

  4. Zero Tolerance Spam Policy

    1. We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists," purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice.

    2. Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

    3. HostClear reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.

    4. HostClear reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.

  5. Defamation Policy

    Websites hosted on HostClear’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, HostClear’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, HostClear is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

  6. AUP Violations

    Direct customers.

    Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency. A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.


    If you feel you have discovered a violation of our AUP please report it to: abuse@hostclear.com.

ATTENTION: The Domain Registration Agreement has been updated. If you signed up before October 26th the updates will go into effect for you on October 26th, 2016.

Domain Registration Agreement

General Terms

This Domain Registration Agreement ("Registration Agreement") is between HostClear ("we," "us," or “HostClear Hosting"), as the sponsoring registrar, or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here and you, the person or entity registering a domain or domains through HostClear. By using HostClear's domain registration services (the "Services"), you agree to be bound by this Registration Agreement. Please read this agreement carefully.

This Domain Registrant Agreement (hereinafter referred to as the "Agreement") between you ("you", "your" or "Registrant") and the Registrar of the Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward (the "Order") that you have registered/reserved through or transferred to Registrar, sets forth the terms and conditions of Registrar's domain name registration service and other associated services as described herein.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you", "your" and "Registrant" shall refer to such entity.

This Agreement explains our obligations to you, and your obligations to us in relation to each Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward that you have registered/reserved through or transferred to Registrar ("Order"), directly or indirectly, whether or not you have been notified about Registrar.

This Agreement will become effective when the term of your Order begins with Registrar and will remain in force until the Order remains as an active Order with Registrar. Registrar may elect to accept or reject the Order application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for a prohibited Order.

WHEREAS, Registrar is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX 'U';

AND WHEREAS, the Registrant is the Owner of a registration of a domain name ("the SLD") in any of the TLDs mentioned within APPENDIX 'U', directly or indirectly;

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, Registrar and the Registrant, intending to be legally bound, hereby agree as follows:

1. DEFINITIONS

(1) "Business Day" refers to a working day between Mondays to Friday excluding all Public Holidays.

(2) "Communications" refers to date, time, content, including content in any link, of all oral / transmitted / written communications / correspondence between Registrar, and the Registrant, and any Artificial Juridical Person, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity acting on their behalf.

(3) "Customer" refers to the customer of the Order as recorded in the OrderBox Database.

(4) "OrderBox" refers to the set of Servers, Software, Interfaces, Registrar Products and API that is provided for use directly or indirectly under this Agreement by Registrar and/or its Service Providers.

(5) "OrderBox Database" is the collection of data elements stored on the OrderBox Servers.

(6) "OrderBox Servers" refer to Machines / Servers that Registrar or its Service Providers maintain to fulfill services and operations of the OrderBox.

(7) "OrderBox User" refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the "OrderBox" by the Customer, directly or indirectly.

(8) "Registrar" refers to the Registrar of record as shown in a Whois Lookupfor the corresponding Order at the corresponding Registry Operator.

(9) "Registrar Products" refer to all Products and Services of Registrar which it has provided/rendered/sold, or is providing/rendering/selling.

(10) "Registrar Servers" refer to web servers, Mailing List Servers, Database Servers, OrderBox Servers, Whois Servers and any other Machines / Servers that Registrar or its Service Providers Operate, for the OrderBox, the Registrar Website, the Registrar Mailing Lists, Registrar Products and any other operations required to fulfill services and operations of Registrar.

(11) "Registrar Website" refers to the website of the Registrar.

(12) "Registry Operator" refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that is involved in the management of any portion of the registry of the TLD, including but not limited to policy formation, technical management, business relationships, directly or indirectly as an appointed contractor.

(13) "Resellers" - The Registrant may purchase the Order through a reseller, who in turn may purchase the same through a reseller and so on (collectively known as the "Resellers").

(14) "Service Providers" refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that the Customer and/or Registrar and/or Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfillment / provision / purchase of Registrar Products, OrderBox, and any other services and operations of Registrar.

(15) "Whois" refers to the public service provided by Registrar and Registry Operator whereby anyone may obtain certain information associated with the Order through a "Whois Lookup".

(16) "Whois Record" refers to the collection of all data elements of the 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 REGISTRANT

(1) The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the Order in the OrderBox Database during the term of the Order. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant's failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Order in the OrderBox database concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order.

(2) The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Order in the OrderBox Database, the data element in the OrderBox Database records shall prevail.

(3) The Registrant acknowledges that the authentication information for complete control and management of the Order will be accessible to the Registry Operator, Service Providers, Resellers and the Customer. Any modification to the Order by the Resellers, Customer or Service Providers will be treated as if it is authorized by the Registrant directly. Registrar is not responsible for any modification to the Order by the Customer, Resellers, Registry Operator, or Service Providers.

(4) The Registrant acknowledges that all communication about the Order will be only done with the Customer or the Resellers of the Order. Registrar is not required to, and may not directly communicate with the Registrant during the entire term of the Order.

(5) The Registrant shall comply with all terms or conditions established by Registrar, Registry Operator and/or Service Providers from time to time.

(6) The Registrant must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN (http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm) and the Registry Operator.

(7) During the term of this Agreement and for three years thereafter, the Registrant shall maintain the following records relating to its dealings with Registrar, Resellers and their Agents or Authorized Representatives:

(1) in electronic, paper or microfilm form, all written communications with respect to the Order;

(2) in electronic form, records of the accounts of the Order, including dates and amounts of all payments, discount, credits and refunds.

The Registrant shall make these records available for inspection by Registrar upon reasonable notice not exceeding 14 days.

3. REPRESENTATIONS AND WARRANTIES

Registrar and Registrant represent and warrant that:

(1) They have all requisite power and authority to execute, deliver and perform their obligations under this Agreement.

(2) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against Registrant and Registrar in accordance with its terms.

(3) The execution, delivery, and performance of this Agreement and the consummation by Registrar and the Registrant of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:

(1) any provision of law, rule, or regulation;

(2) any order, judgment, or decree;

(3) any provision of corporate by-laws or other documents;

(4) any agreement or other instrument.

(4) The execution, performance and delivery of this Agreement has been duly authorized by the Registrant and Registrar.

(5) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby.

The Registrant represents and warrants that:

(1) the Registrant has read and understood every clause of this Agreement;

(2) the Registrant has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement; and

(3) the Registrant is eligible, to enter into this Contract according to the laws of his country.

4. RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS

(1) Registrar, Service Providers and Registry Operator may change any information, of the Order, or transfer the Order to another Registrant, or transfer the Order to another Customer, upon receiving any authorization from the Registrant, or the Customer, or Resellers as maybe prescribed by Registrar from time to time.

(2) Registrar, Service Providers and Registry Operator may provide/send any information, about the Registrant, and the Order including Authentication information:

(a) to the Registrant;

(b) to any authorised representative, agent, contractee, employee of the Registrant upon receiving authorization in any form as maybe prescribed by Registrar from time to time;

(c) to the Customer, Resellers, Service Providers and Registry Operator;

(d) to anyone performing a Whois Lookupfor the Order.

(3) Registrar in its own discretion can at any point of time with reasonable notification temporarily or permanently cease to sell any Registrar Products.

(4) Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant’s name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN’s Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).

We are required to deny a change of registrant for any of the following reasons:

Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request.

Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant.

(5) You hereby explicitly authorize us to act as Designated Agent to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with the requirements of ICANN’s Transfer Policy ( https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).

(6) Registrar and the Registry Operator, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Registrar may refund the fees charged for the Order, after deducting any processing charges for the same.

(7) Notwithstanding anything to the contrary, Registrar, Registry Operator and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, delete, suspend, deny, cancel, modify, take ownership of or transfer the Order, or to modify, upgrade, suspend, freeze OrderBox, or to publish, transmit, share data in the OrderBox Database with any person or entity, or to contact any entity in the OrderBox Database, in order to recover any Payment from the Registrant, Customer or Resellers, for any service rendered by Registrar including services rendered outside the scope of this agreement for which the Registrant, Customer or Reseller has been notified and requested to remit payment, or to correct mistakes made by Registrar, Registry Operator or Service Providers in processing or executing the Order, or incase of any breach of this Agreement, or incase Registrar learns of a possibility of breach or violation of this Agreement which Registrar in its sole discretion determines to be appropriate, or incase of Termination of this agreement, or if Registrar learns of any such event which Registrar reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Registrar Products, OrderBox, and the Registry or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in accordance/compliance with any agreements executed by Registrar including but not limited to agreements with Service Providers, and/or Registry Operator, and/or Customers and/or Resellers, or to avoid any liability, civil or criminal, on the part of Registrar and/or Service Providers, and/or the Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Registrant and/or Agents or any other authorized representatives of the Registrant violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS hijacking), distribution of virus or malware, child pornography, using Fast Flux techniques, running Botnet command and control, Hacking (illegal access to another computer or network), network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, or Registrar learns of the possibility of any such violation or upon appropriate authorization (what constitutes appropriate authorization is at the sole discretion of Registrar) from the Registrant or Customer or Reseller or their authorized representatives, or if Registrar, Registry Operator or Service Providers in their sole discretion determine that the information associated with the Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Registrar or Service Providers in their sole discretion determine that the ownership of the Order should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or for any appropriate reason. Registrar or Registry Operator, also reserve the right to freeze the Order during resolution of a dispute. The Registrant agrees that Registrar, Registry Operator and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator and Service Providers, are not liable for loss or damages that may result from any of the above.

(8) Registrar and Service Providers can choose to redirect an Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Order has expired, or is suspended, or does not contain valid Name Servers to direct it to any destination. Registrant acknowledges that Registrar and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.

(9) Registrar and Registry Operator has the right to rectify any mistakes in the data in the OrderBox Database with retrospective effect.

5. DISPUTE PROCESS

The Registrant agrees that, if the use of the Order is challenged by a third party, the Registrant will be subject to the provisions of the appropriate Dispute policy for that Order as mentioned in the appropriate Appendix in effect at the time of the dispute. The Registrant agrees that in the event a dispute arises with any third party, the Registrant will indemnify and hold Registrar, Registry Operator and Service Providers harmless in all circumstances, and that Registrar, Registry Operator and Service Providers will have no liability of any kind for any loss or liability resulting from any such dispute, including the decision and final outcome of such dispute. If a complaint has been filed with a judicial or administrative body regarding the Registrant's use of the Order, the Registrant agrees not to make any changes to the Order without Registrar's prior approval. Registrar may not allow the Registrant to make changes to such Order until:

(1) Registrar is directed to do so by the judicial or administrative body; or

(2) Registrar receives notification, in a manner prescribed by Registrar from time to time, by the Registrant and the other party contesting the Registrant registration or use of the Order, that the dispute has been settled.

6. TERM OF AGREEMENT / RENEWALS

(1) The term of this Agreement shall continue until the registrant of the Order in the OrderBox database continues to be the Registrant and the Order continues to exist and the Order Registration term continues to exist.

(2) Registrant acknowledges that it is the Registrant's responsibility to keeprecords and maintain reminders regarding the expiry of any Order. As a convenience to the Registrant, and not as a binding commitment, we may notify the Customer, via an email message sent to the contact information associated with the Customer in the OrderBox database, about the expiry of the Order. Should renewal fees go unpaid for an Order, the Order will expire.

(3) Registrant acknowledges that after expiration of the term of an Order, Registrant has no rights on such Order, or any information associated with such Order, and that ownershipof such Order now passes on to the Registrar. Registrar and Service Providers may make any modifications to said Order or any information associated with said Order. Registrar and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Registrar and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Registrar and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Registrar and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Registrar and Service Providers may choose to transfer the ownershipof the Order to any third party in their sole discretion. Registrant acknowledges that Registrar and Service Providers shall not be liable to Registrant or any third party for any action performed under this clause.

(4) Registrar at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately at the price then prevailing for such a process as determined by the Registrar in its sole discretion. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.

(5) Registrar makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase.

(6) This Agreement shall terminate immediately in the event:

(1) Registrar's contract with the Service Providers for the fulfillment of such Order is terminated or expires without renewal;

(2) Registrar's contract with the Registry Operator is terminated or expires without renewal;

(3) Registry Operator ceases to be the Registry Operator for the particular TLD;

(4) of Registrant-Registrant Transfer as per Section 8;

(5) of Registrar-Registrar Transfer as per Section 9.

(7) Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify the Order and suspend OrderBox Users' access to the OrderBox with immediate effect, upon the sole discretion of Registrar.

(8) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, unless specified otherwise. The Registrant however shall be liable for any damage arising from any breach by it of this Agreement.

7. FEES / RENEWAL

Payment of fees shall be governed as per the Payment Terms and Conditions set out in Appendix 'B.'

8. REGISTRANT - REGISTRANT TRANSFER

(1) Registrar may transfer the Order of the Registrant to another registrant under the following circumstances:

(1) authorization from the Registrant and/or their Agent or Authorized Representative in a manner prescribed by Registrar from time to time;

(2) authorization from the Customer and/or the Reseller in a manner prescribed by Registrar;

(3) on receiving orders from a competent Court or Law Enforcement Agency;

(4) for fulfillment of a decision in a domain dispute resolution;

(5) breach of Contract;

(6) termination of this Agreement;

(7) Registrar learns of any such event, which Registrar reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof.

(2) Registrant acknowledges that Registrar cannot verify the authenticity of any information, authorization or instructions received in Section (8)(1). Upon receiving such authorization that Registrar in its absolute unfettered and sole discretion deems to be genuine, Registrar may transfer the Order. Registrar cannot be held liable for any such transfer under any circumstance including but not limited to fraudulent or forged authorization received by Registrar.

(3) In the above circumstances the Registrant shall extend full cooperation to Registrar in transferring the Order of the Registrant to another registrant including without limitation, handing over all data required to be stored by the Registrant as per Section 3(5), and complying with all requirements to facilitate a smooth transfer.

(4) The Registrant's Order may not be transferred until Registrar receives such written assurances or other reasonable assurance that the new registrant has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by Registrar in its sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determined by Registrar in its sole discretion) to the terms and conditions in this Agreement, any such transfer maybe considered by Registrar as null and void in its sole discretion.

9. REGISTRAR-REGISTRAR TRANSFER

(1) For generic top-level domains governed by ICANN, Registrant acknowledges and agrees that a domain name may not be transferred during the first sixty (60) days after initial registration or registrar transfer. Registrar may deny or prevent a transfer of a generic top-level domain Order to another registrar pursuant to the Inter-Registrar Transfer Policy (available here).

(2) For country-code top-level domains, as established by each registry, Registrant acknowledges and agrees that during the first 60 days after initial registration of the Order, or after expiration of the Order, Registrant may not be able to transfer the Order to another registrar. Registrar may deny or prevent a transfer of an Order to another registrar in situations described in this Agreement including, but not limited to:

(1) a dispute over the identity of the domain name holder;

(2) bankruptcy; and default in the payment of any fees;

(3) any pending dues from the Customer or Resellers' or Registrant for any services rendered, whether under this agreement;

(4) any pending Domain Dispute Resolution process with respect to the Order;

(5) if the Order has been locked or suspended by the Customer or Resellers;

(6) any situation where denying the transfer is permitted under the then applicable process and rules of transfer of domain names as laid out by the Registry Operator, Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time;

(7) any other circumstance described in this Agreement; and

(8) for any other appropriate reason.

(3) Registrar may request the Registrant (or any other contact associated with the Order) for authorization upon receiving a request to transfer the Order to another registrar. The Registrant agrees to provide such authorization to Registrar. Registrar, in its sole discretion will determine if such authorization is adequate to allow the transfer.

(4) Registrar may at its sole discretion lock or suspend the Order to prevent a domain transfer.

(5) Registrar cannot be held liable for any domain name transferred away to another registrar, or for any denial of a transfer, in accordance with this Section 9 (Registrar-Registrar Transfer).

10. LIMITATION OF LIABILITY

IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:

(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;

(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION 21 OF THIS AGREEMENT;

(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;

(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;

(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;

(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.

If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Registrar by the Registrant, then in no event will the liability of Registrar exceed actual amount received by Registrar for the Order minus direct expenses incurred with respect to the Order.

REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.

11. INDEMNIFICATION

(1) The Registrant, at its own expense, will indemnify, defend and hold harmless, Registrar, Service Provider, Registry Operator, Resellers and the contactors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator, Service Providers, and Resellers against any claim, suit, action, or other proceeding brought against them based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Registrar Products provided hereunder, or any use of the Registrar Products, including without limitation:

(1) infringement by the Registrant, or someone else using a Registrar Product with the Registrant's computer, of any intellectual property or other proprietary right of any person or entity;

(2) arising out of any breach by the Registrant of this Agreement;

(3) arising out of, or related to, the Order or use of the Order;

(4) relating to any action of Registrar as permitted by this Agreement;

(5) relating to any action of Registrar carried out on behalf of Registrant as described in this Agreement.

However, that in any such case Registrar may serve either of the Registrant with notice of any such claim and upon their written request, Registrar will provide to them all available information and assistance reasonably necessary for them to defend such claim, provided that they reimburse Registrar for its actual costs.

(2) Registrar will not enter into any settlement or compromise of any such indemnifiable claim without Registrant's prior written consent, which shall not be unreasonably withheld.

(3) The Registrant will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by Registrar in connection with or arising from any such indemnifiable claim, suit, action or proceeding.

12. INTELLECTUAL PROPERTY

Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.

Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Registrar to the Registrant, or by any disclosure of any Confidential Information to the Registrant under this Agreement.

Registrant shall further ensure that the Registrant does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Registrant acknowledges that Registrar cannot and does not check to see whether any service or the use of the services by the Registrant under this Agreement, infringes legal rights of others.

13. OWNERSHIP AND USE OF DATA

(1) You agree and acknowledge that Registrar owns all data, compilation, collective and similar rights, title and interests worldwide in the OrderBox Database, and all information and derivative works generated from the OrderBox Database.

(2) Registrar, Service Providers and the Registry Operator and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Registrar, or Registry Operator or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.

14. DELAYS OR OMISSIONS; WAIVERS

No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.

No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing.

15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT

(1) During the period of this Agreement, the Registrant agrees that Registrar may:

(1) revise the terms and conditions of this Agreement; and

(2) change the services provided under this Agreement

(2) Registrar, or the Registry Operator or any corresponding/designated policy formulating body may revise ANY of the Dispute policies, and eligbility criterias set forth in the various appendices as well as in any of the external URLs referenced within the appendices.

(3) Any such revision or change will be binding and effective immediately on posting of the revision on the Registrar Website or the corresponding URL referenced in this Agreement.

(4) The Registrant agrees to review the Registrar Website and all other URLs referenced in this Agreement, periodically, to be aware of any such revisions.

(5) The Registrant agrees that, continuing use of the services under this Agreement following any revision, will constitute as an acceptance of any such revisions or changes.

(6) The Registrant acknowledges that if the Registrant does not agree to any such modifications, the Registrant may terminate this Agreement within 30 days of such revision. In such circumstance Registrar will not refund any fees paid by the Registrant.

16. PUBLICITY

The Registrant shall not create, publish, distribute, or permit any written / Oral / electronic material that makes reference to us or our Service Providers or uses any of Registrar's registered Trademarks / Service Marks or our Service Providers' registered Trademarks / Service Marks without first submitting such material to us and our Service Providers and receiving prior written consent.

The Registrant gives Registrar the right to use the Registrant names in marketing / promotional material with regards to Registrar Products to Visitors to the Registrar Website, Prospective Clients and existing and new customers.

17. TAXES

The Registrant shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Registrar Products.

18. FORCE MAJEURE

Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a "Force Majeure Event") including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party's employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party's reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party's performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first six months of such interference, provided that such party uses best efforts to avoid or remove such causes of non performance as soon as possible.

19. ASSIGNMENT / SUBLICENSE

Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties; provided, however, that any such successor or assign be permitted pursuant to the Articles, Bylaws or policies of Registrar.

The Registrant shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person/s except as provided for in Section 8 (REGISTRANT - REGISTRANT TRANSFER) or with the prior written consent of Registrar.

Registrant agrees that if Registrant licenses the use of the Order to a third party, the Registrant nonetheless remains the Registrant of record, and remains responsible for all obligations under this Agreement.

20. NO GUARANTY

The Registrant acknowledges that registration or reservation of the Order does not confer immunity from objection to the registration, reservation, or use of the Order.

21. DISCLAIMER

THE ORDERBOX, REGISTRAR SERVERS, OrderBox Servers, Registrar Website AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON "AS IS" AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.

REGISTRAR AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.

REGISTRAR AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, ORDERBOX OR BY ACCESSING REGISTRAR SERVERS. WITHOUT LIMITING THE FOREGOING, REGISTRAR AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH ORDERBOX OR REGISTRAR SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE ORDERBOX/REGISTRAR SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY REGISTRAR AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE ORDERBOX WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER.

REGISTRAR AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. REGISTRAR AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.

FURTHERMORE, REGISTRAR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE ORDERBOX, ORDERBOX SERVERS, REGISTRAR WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

22. JURISDICTION & ATTORNEY'S FEES

This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Registrar is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in city, state, country where Registrar is incorporated. Registrar reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management/Residence of the Registrant is situated as per the laws of that Country/State/District.

If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.

For the adjudication of disputes concerning or arising from use of the Order, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile and (2) the Registrar's country of incorporation.

23. MISCELLANEOUS

(1) Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa.

(2) There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein.

(3) The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator.

(4) This Agreement shall inure to the benefit of and be binding upon Registrar and the Registrant as well as all respective successors and permitted assigns.

(5) Survival: In the event of termination of this Agreement for any reason, Sections 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14, 16, 17, 20, 21, 22, 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23, 23(3), 23(5), 23(7), 23(11), 24(2) and all of Appendix A, and all Sections of Appendix B, and Sections 1, 2, 3 of Appendix W shall survive.

(6) This Agreement does not provide and shall not be construed to provide third parties (i.e. non-parties to this Agreement), with any remedy, claim, and cause of action or privilege against Registrar.

(7) The Registrant, Registrar, its Service Providers, Registry Operator, Resellers, and Customer are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationshipbetween the parties.

(8) Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, this Agreement.

(9) Construction: The Parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be applied in the construction or interpretation of this Agreement.

(10) Entire Agreement; Severability: This Agreement, including all Appendices constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.

(11) The division of this Agreement into Sections, Subsections, Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.

(12) This agreement may be executed in counterparts.

(13) Language. All notices, designations, and specifications made under this Agreement shall be made in the English Language only.

(14) Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in Mumbai, India (IST) i.e. GMT+5:30

24. BREACH

In the event that Registrar suspects breach of any of the terms and conditions of this Agreement:

(1) Registrar can immediately, without any notification and without assigning any reasons, suspend / terminate the Registrants access to the OrderBox Server.

(2) The Registrant will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.

(3) Registrar can immediately, without any notification and without assigning any reasons, delete / suspend / terminate / freeze the Order.

25. NOTICE

(1) Any notice or other communication required or permitted to be delivered to Registrar under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered when delivered to contact address specified on the Registrar 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 (Indian Standard Time) and otherwise on the next Business Day.

(2) Any notice or other communication required or permitted to be delivered to the Registrant under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, given and received when delivered to contact address of the Registrant in the OrderBox Database.

(3) Any notice or other communication to be delivered to any party via email under this agreement shall be deemed to have been properly delivered if sent in case of Registrar to its Legal Contact mentioned on the Registrar Website and in case of the Registrant to their respective email address in the OrderBox Database.

APPENDIX 'A'

TERMS AND CONDITIONS OF ORDERBOX USAGE

This Appendix A covers the terms of access to the OrderBox. Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement.

1. ACCESS TO OrderBox

(1) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend OrderBox Users' access to the OrderBox in the event of significant degradation of the OrderBox, or at any time Registrar may deem necessary.

(2) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the OrderBox from time to time.

(3) Access to the OrderBox is controlled by authentication information provided by Registrar. Registrar is not responsible for any action in the OrderBox that takes place using this authentication information whether authorized or not.

(4) Registrar is not responsible for any action in the OrderBox by a OrderBox User.

(5) OrderBox User will not attempt to hack, crack, gain unauthorized access, misuse or engage in any practice that may hamper operations of the OrderBox including, without Limitation temporary / permanent slow down of the OrderBox, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the OrderBox and architecture needed to continue operation thereof.

(6) OrderBox User will not send or cause the sending of repeated unreasonable network requests to the OrderBox or establish repeated unreasonable connections to the OrderBox. Registrar will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections.

(7) OrderBox User will take reasonable measures and precautions to ensure secrecy of authentication information.

(8) OrderBox User will take reasonable precautions to protect OrderBox Data from misuse, unauthorized access or disclosure, alteration, or destruction.

(9) Registrar shall not be responsible for damage caused due to the compromise of your Authentication information in any manner OR any authorized/unauthorized use of the Authentication Information.

(10) Registrar shall not be liable for any damages due to downtime or interruption of OrderBox for any duration and any cause whatsoever.

(11) Registrar shall have the right to temporarily or permanently suspend access of a OrderBox User to the OrderBox if Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the OrderBox, or learns of any possible misuse that has occurred, or will occur with respect to a OrderBox User.

(12) Registrar and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, OrderBox

2. Terms of USAGE OF ORDERBOX

(1) Registrant, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the OrderBox, directly or indirectly, in violation of any federal, state or local rule, regulation or law, or for any unlawful purpose, or to promote adult-oriented or "offensive" material, or related to any unsolicited bulk e-mail directly or indirectly (such as by referencing an OrderBox provided service within a spam email or as a reply back address), or related to ANY unsolicited marketing efforts offline or online, directly or indirectly, or in a manner injurious to Registrar, Registry Operator, Service Providers or their Resellers, Customers, or their reputation, including but not limited to the following:

(1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.);

(2) posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroupcharter or the article provokes complaints from the readers of the newsgroupfor being off-topic);

(3) sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider;

(4) offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ("spamware");

(5) advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software;

(6) harassment of other individuals utilizing the Internet after being asked to stopby those individuals, a court, a law-enforcement agency and/or Registrar;

(7) impersonating another user or entity or an existing company/user/service or otherwise falsifying one's identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere;

(8) using OrderBox services to point to or otherwise direct traffic to, directly or indirectly, any material that, in the sole opinion of Registrar, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Registrar, to be threatening or obscene or inappropriate;

(9) using OrderBox directly or indirectly for any of the below activities activities:

(1) transmitting Unsolicited Commercial e-mail (UCE);

(2) transmitting bulk e-mail;

(3) being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist;

(4) posting bulk Usenet/newsgrouparticles;

(5) Denial of Service attacks of any kind;

(6) excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Registrar in its sole discretion;

(7) copyright or trademark infringement;

(8) unlawful or illegal activities of any kind;

(9) promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse);

(10) causing lossage or creating service degradation for other users whether intentional or inadvertent.

(2) Registrar in its sole discretion will determine what constitutes as violation of appropriate usage including but not limited to all of the above.

(3) Data in the OrderBox Database cannot be used for any purpose other than those listed below, except if explicit written permission has been obtained from Registrar:

(1) to perform services contemplated under this agreement; and

(2) to communicate with Registrar on any matter pertaining to Registrar or its services.

(4) data in the OrderBox Database cannot specifically be used for any purpose listed below:

(1) Mass Mailing or SPAM; and

(2) selling the data.

APPENDIX 'B'

PAYMENT TERMS AND CONDITIONS

(1) Registrar will accept payment for the Order from the Customer or Resellers.

(2) The Registrant acknowledges that the Registrar or HostClear reserves the right to change the pricing without any prior notification.

(3) In the event that a payment made via Credit Card or the payment instrument sent by the Customer or Reseller bounces due to Lack of Funds or any other Reason, then

(1) Registrar may immediately suspend OrderBox Users' access to the OrderBox

(2) Registrar has the right to terminate this agreement with immediate effect and without any notice.

(4) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders placed of the Registrant as well as stop / suspend / delete / transfer any Orders currently being processed.

(5) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all Orders placed by the Registrant to another Customer, or under Registrar's account.

(6) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same.

(7) Registrar shall have the right to initiate any legal proceedings against the Registrant to recover any such liabilities.

APPENDIX 'C'

.COM/.NET/.ORG SPECIFIC CONDITIONS

If the Order is a .COM/.NET/.ORG domain name, the Registrant, must also agree to the following terms:

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 keepit current, complete and accurate. This information includes:

(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;

(2) the primary nameserver and secondary nameserver(s), if any for the domain name;

(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;

(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;

(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and

2. DOMAIN NAME DISPUTE POLICY

You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.

APPENDIX 'D'

.BIZ SPECIFIC CONDITIONS

If the Order is a .BIZ domain name, the Registrant, must also agree to the following terms:

1. CONDITIONS FOR .BIZ REGISTRATIONS

(1) 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:

(1) to exchange goods, services, or property of any kind;

(2) in the ordinary course of trade or business; or

(3) to facilitate:

(1) the exchange of goods, services, information, or property of any kind; or

(2) the ordinary course of trade or business.

(2) 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. CERITIFICATION FOR .BIZ REGISTRATIONS

(1) As a .BIZ domain name Registrant, you hereby certify to the best of your knowledge that the registered domain name will be used primarily for bona fide business or commercial purposes and not exclusively for personal use or solely for the purposes of selling, trading or leasing the domain name for compensation, or 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.

(2) The domain name Registrant has the authority to enter into the registration agreement.

(3) 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

As part of the registration process, you are required to provide us with certain information and to update this information to keepit current, complete and accurate. This information includes:

(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;

(2) the primary nameserver and secondary nameserver(s), if any for the domain name;

(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;

(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;

(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and

4. DOMAIN NAME DISPUTE POLICY

You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference.

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

The Start-upTrademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html

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 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.

APPENDIX 'E'

.INFO DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .INFO domain name, the Registrant, must also agree to the following terms:

(1) Registrant agrees to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) as laid out at http://www.icann.org/udrp/udrp.htm 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 available at http://www.afilias.info. These policies are subject to modification.

(2) 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:

(1) the ability or inability of a registrant to obtain a Registered Name during these periods, and

(2) the results of any dispute over a Sunrise Registration.

APPENDIX 'F'

.NAME SPECIFIC CONDITIONS

If the Order is a .NAME domain name, or a .NAME Email Forward, the Registrant, must also agree to the following terms:

1. .NAME REGISTRATION RESTRICTIONS

Domain Name and Email Forward Registrations in the .NAME TLD must constitute an individual's "Personal Name". For purposes of the .NAME restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

2. .NAME CERTIFICATIONS

As a .NAME domain name or Email Forward Registrant, you hereby certify to the best of your knowledge that the SLD is your Personal Name.

3. 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 keepit current, complete and accurate. This information includes the information contained in the Whois directory, including:

(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;

(2) the primary nameserver and secondary nameserver(s), if any for the domain name;

(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;

(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;

(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and

You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.

4. DISPUTE POLICY

You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference:

(1) the Eligibility Requirements (the "Eligibility Requirements"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;

(2) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm; and

(3) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm

The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the landrush procedures in connection with the opening of the Registry TLD. The following categories of Personal Name Registrations may be registered:

(1) the Personal Name of an individual;

(2) the Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name;

(3) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names.

The ERDRP applies to challenges to:

(1) registered domain names and SLD email address registrations within .NAME on the grounds that a Registrant does not meet the Eligibility Requirements, and

(2) to Defensive Registrations within .NAME.

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than Global Name Registry ("Registry Operator") or Registrar over the registration and use of an Internet domain name registered by a Registrant.

5. .NAME EMAIL FORWARD ADDITIONAL CONDITIONS

If the Order is a .NAME email forward, the Registrant, must also agree to the following additional terms and conditions:

(1) You acknowledge that you are responsible for all use of Email Forwarding, including the content of messages sent through Email Forwarding.

(2) You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage.

(3) Without prejudice to the foregoing, you undertake not to use Email Forwarding:

(1) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;

(2) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;

(3) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or

(4) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list

(4) Users are not permitted to provide false names or in any other way to pose as somebody else when using Email Forwarding.

(5) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator's Email Forwarding.

(6) On discontinuing Email Forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.

APPENDIX 'G'

.NAME DEFENSIVE REGISTRATIONS SPECIFIC CONDITIONS

If the Order is a .NAME Defensive Registration, the Registrant, must also agree to the following terms:

1. DEFENSIVE REGISTRATIONS

Defensive Registrations allow owners of nationally registered marks to exclusively pre-register on the .NAME space and create a protective barrier for their trademarks. A "Defensive Registration" is a registration granted to a third party of a specific string on the second or third level, or of a specific set of strings on the second and third levels, which will not resolve within the domain name system but may prevent the registration of the same string(s) on the same level(s) by other third party applicants.

2. PHASES OF DEFENSIVE REGISTRATIONS

(1) As a Defensive Registration Registrant ("Defensive Registrant"), you hereby certify to the best of your knowledge that for Phase I Defensive Registrations ("Phase I Defensive Registrants"), you own valid and enforceable trademark or service mark registrations having national effect that issued prior to November 7, 2011 for strings that are identical to the textual or word elements, using ASCII characters only, subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD. You understand that trademark or service mark registrations from the supplemental or equivalent Registry of any country, or from individual states or provinces of a nation, will not be accepted. Subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD, if a trademark or service mark registration incorporates design elements, the ASCII character portion of that mark may qualify to be a Phase I Defensive Registration.

(2) Phase II Defensive Registrants may apply for a Defensive Registration for any string or combination of strings.

(3) Defensive Registrants, whether Phase I or Phase II shall comply with the following Eligibility Requirements, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm, the summary of which is as follows:

(1) There are two levels of Defensive Registrations, each of which is subject to payment of a separate fee;

(2) Multiple persons or entities may obtain identical or overlapping Defensive Registrations upon payment by each of a separate registration fee;

(3) The Defensive Registrant must provide the information requested in Section 3(i) below;

(4) A Defensive Registration will not be granted if it conflicts with a then-existing Personal Name Registration or other reserved word or string.

3. 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 keepit current, complete and accurate. You must provide contact information, including name, email address, postal address and telephone number, for use in disputes relating to the Defensive Registration. You understand and agree that this contact information will be provided as part of the Whois record for the Defensive Registration. You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.

In addition to the information provided in subsection 1. above, Phase I Defensive Registrants must also provide:

(1) the name, in ASCII characters, of the trademark or service mark being registered;

(2) the date the registration issued;

(3) the country of registration; and

(4) the registration number or other comparable identifier used by the registration authority.

4. DISPUTE POLICY

If you registered a Defensive Registration, you agree that:

(1) the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy ("ERDRP");

(2) if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and

(3) if a challenge is successful, then the Defensive Registration will be subject to the procedures described in Section 2(h) of Appendix L to the agreement of Global Name Registry ("Registry Operator") with the Internet Corporation for Assigned Names and Numbers ("ICANN"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;

(4) if a Phase I Defensive Registration is successfully challenged on the basis that it did not meet the applicable Eligibility Requirements, the Defensive Registrant will thereafter be required to demonstrate, at its expense, that it meets the Eligibility Requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .NAME through any Registrar. In the event that the Defensive Registrant is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s) will be cancelled;

The ERDRP applies to, among other things, challenges to Defensive Registrations within .NAME and is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.

5. CONSENT

Defensive Registrants may be asked to give their consent to allow individuals to share a part of their space. For example, if you have filed a Defensive Registration on PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give consent to John Pqr to register JOHN.PQR.name if he can prove that PQR is his name. In such a circumstance, you will have five (5) days to respond to a request for consent.

APPENDIX 'H'

.IN DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .IN domain name, the Registrant, must also agree to the following terms:

1. REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used, infringes the legal rights of any third party, breaks any applicable laws or regulations, including discrimination on the basis of race, language, sex or religion, is used in bad faith or for any unlawful purpose;

(2) your registered domain name is not contrary to public policy and the content of the website does not violate any Indian Laws.

2. DOMAIN DISPUTE POLICY

You agree to be bound by the dispute policies as decided by the .IN Registry and published at http://www.registry.in that are incorporated herein and made a part of this Agreement by reference.

APPENDIX 'I'

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 LookupResult of his domain name.

2. IMPLEMENTATION DETAILS

(1) Registrant acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Registrar, 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 OrderBox Database.

(2) Registrant agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, or Customer of a privacy protected Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Registrar and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.

(3) Registrant understands that the Privacy Protection Service is only available for certain TLDs.

(4) Irrespective of whether Privacy Protection is enabled or not, Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement.

(5) Registrant understands and acknowledges that Registrar in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:

(1) if Registrar 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, or

(4) for any other reason that Registrar in its sole discretion deems appropriate to switch off the Privacy Protection Services.

3. INDEMNITY

Registrant agrees to release, defend, indemnify and hold harmless Registrar, 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.

APPENDIX 'J'

.UK DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .UK domain name, the Registrant, must also agree to the following terms:

1. REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

(1) you are aware that registering a .UK domain name, involves you contracting with the Nominet which is the .UK Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.nominet.org.uk/.

(2) you agree to comply with all applicable laws, regulations and policies of Nominet available on their website at http://www.nominet.org.uk/.

2. DOMAIN DISPUTE POLICY

You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by Nominet. These policies are available at http://www.nominet.org.uk/ and are hereby incorporated and made an integral part of this Agreement.

APPENDIX 'K'

.WS DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .WS domain name, the Registrant, must also agree to the following terms:

1. GOVERNMENT USE OF DATA

You understand and agree that the .WS Registry shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by You. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.

2. DOMAIN DISPUTE POLICY

You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.

APPENDIX 'L'

CentralNIC DOMAIN NAME SPECIFIC CONDITIONS

If the Order is either a .EU.COM, .GB.COM, .WEB.COM, .AE.ORG, .KR.COM, .US.COM, .QC.COM, .DE.COM, .GB.NET, .NO.COM, .HU.COM, .JPN.COM, .UY.COM, .ZA.COM, .BR.COM, .CN.COM, .SA.COM, .SE.COM, .SE.NET, .UK.COM, .UK.NET or .RU.COM domain name, the Registrant, must also agree to the following terms:

1. GOVERNMENT USE OF DATA

You understand and agree that CentralNic shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.

2. DOMAIN DISPUTE POLICY

You agree to submit to proceedings under Domain Dispute policies set forth by CentralNic. These policies are available at http://www.centralnic.com and are hereby incorporated and made an integral part of this Agreement.

APPENDIX 'M'

.MOBI DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .MOBI domain name, the Registrant, must also agree to the following terms:

1. REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

(1) you are aware that registering a .MOBI domain name, involves you contracting with mTLD which is the .MOBI Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://mtld.mobi/system/files/Registrar-Registrant+Agreement+Text+%5BJan+09+revision%5D.pdf.

(2) you agree to comply with all applicable laws, regulations and policies of mTLD available on their website at http://www.mtld.mobi/.

2. DOMAIN DISPUTE POLICY

You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.

APPENDIX 'N'

.ME DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .ME domain name, the Registrant, must also agree to the following terms:

You shall comply with all registry policies and all other standards, policies, procedures, and practices which the Montenegrin government requires the .ME registry to implement in accordance with the Registry Registration Agreement or otherwise.

You shall comply with all operational standards, policies, procedures, and practices for the .ME registry system established from time to time by the .ME registry.

You shall consent to the use, copying, distribution, publication, modification, and other processing of the registrant's personal data by the .ME registry and its designees and agents in a manner consistent with the purposes of the .ME Registry-Registrar Registration Agreement.

You shall submit to proceedings comments under any dispute policy implemented by the .ME registry, including, without limitation, the Domain Name Dispute Resolution Policy (“DRP”) referenced on the .ME registry's website at www.domain.me.

You shall agree to be bound by the terms and conditions of the initial launch and general operation of the .ME TLD, including, without limitation, the sunrise and land rush periods, and the corresponding dispute resolution policies.

You acknowledge the .ME registry has no liability of any kind for any loss or liability resulting from the proceedings and processes related to the sunrise or land rush periods, including, without limitation: (a) the ability or inability to obtain a .ME registered domain name during these periods; and (b) the results of any dispute procedures.

You acknowledge and agree that the .ME registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain names(s) on registry lock, hold, or similar status, that it deems necessary, in its sole discretion to (b) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of the .ME registry, as well as its owners, affiliates, subsidiaries, officers, directors, and employees for violations of any policies, terms, or conditions established by the .ME registry, including, without limitation, the .ME registry policies; and (d) to correct mistakes made by the .ME registry or Registrar in connection with a domain name registration. The .ME registry also reserves the right to place a domain name on registry, lock, hold, or similar status during resolution of a dispute proceeding.

You shall submit to proceedings commenced under other dispute policies as set forth by the .ME registry from time to time, including, but not limited to, expedited processes for suspension of a domain name by claims brought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security, and integrity of the .ME registry system for the .ME top level domain.

You hereby agree to indemnify, to the maximum extent permitted by law, defend and hold harmless doMEn, d.o.o., and its owners, subsidiaries, affiliates, subcontractors, and agents, and their respective directors, officers, employees, affiliates, and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration and or use.

1. REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief:

(1) you are aware that registering a .ME domain name, involves you contracting with the doMEn, d.o.o. Registry which is the .ME Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.domain.me/.

(2) you agree to comply with all applicable laws, regulations and policies of doMEn, d.o.o. available on their website at http://www.domain.me/.

2. DOMAIN DISPUTE POLICY

You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by doMEn, d.o.o.. These policies are available at http://www.domain.me/ and are hereby incorporated and made an integral part of this Agreement.

APPENDIX 'O'

LIST OF TLDS REGISTRAR IS AUTHORIZED TO PROVIDE DOMAIN NAME REGISTRATION AND MANAGEMENT SERVICES

* .COM, .NET (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)


* .ORG (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

* .BIZ (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

* .INFO (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

* .NAME and .NAME Defensive Registrations and .NAME Mail Forwards (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

* .IN (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

* .UK (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)

* .WS (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)

* .COOP (through Registrar The Midcounties Co-operative Ltd)

* .MOBI (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)

* .ME (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)

* .CC, .TV (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)* .CN (through Registrar Directi Web Services Pvt. Ltd)

APPENDIX 'P'

.CC, .TV DOMAIN NAME SPECIFIC CONDITIONS

If the Order is a .CC or .TV domain name, then the following terms apply:

1. REPRESENTATIONS AND WARRANTIES

You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CC, .TV domain name, requires you to agree to:

(1) grant Verisign (the .CC, .TV Registry) all necessary licenses and consents to permit Verisign or its agent(s) to:

(1) perform in Verisign’s unlimited and sole discretion Malware Scans on your .CC, .TV website.

(2) collect, store, and process data gathered as a result of such Malware Scans.

(3) disclose the results of such Malware Scan (including all data therefrom) to the Registrar. Such information can not be considered as confidential or proprietary.

(4) use the results of such Malware Scan (including all data therefrom) in connection with protecting the integrity, security or stability of the Registry.

(2) disclaim any and all warranties, representations or covenants that such Malware Scan will detect any and all Malware or that Verisign is responsible for notifying the Registrar or the Registrant of any Malware or cleaning any Malware from any Registrant’s systems.

2. LIABILITIES AND INDEMNIFICATION

You agree to indemnify, defend and hold harmless Verisign and its affiliates, suppliers, vendors and subcontractors, and, if applicable, any ccTLD registry operators providing services and their respective employees, directors, officers, representatives, agents and assigns (“Verisign Affected Parties”) from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any Malware Scan, the failure to conduct a Malware Scan, the failure to detect any Malware, or the use of any data from Malware Scans.

HostClear Domain Name Renewal Notification Policy


For domain registration services, email reminders are sent approximately one month prior to the domain expiration date and again approximately one week prior to the domain expiration date. If the domain is not renewed by the expiration date, an additional email notification will be sent within five days of the domain expiration date. All email reminders are sent to the registrant email address listed for the domain name.

HostClear Trademark Disputes for Domain Names


If you have a dispute regarding your trademark being used within a domain name registered through us, please refer to ICANN’s Uniform Domain-Name Dispute-Resolution Policy ("UDRP") (available here) for information about your options.

If you have a complaint about the use of your trademark on a website hosted by us, please use the Report Member Violations form available here.