Legal – Peregrine Digital Media – We speak Geek, so you don't have to…

COMPLAINTS – legal@peregrinedigital.com

In Writing:

Peregrine Digital Media
P.O. Box 16322
Albuquerque, NM 87154

Peregrine Hosting Acceptable Use Policy described below defines the actions which PDM considers to be abused and strictly prohibited. There are no exclusions in this listing. Please, be aware that the actions listed below are also prohibited from other Internet Presence Providers (IPP’s) and their users on behalf of PDM to advertise any service hosted by PDM or connected via the PDM Network. As defined by the Federal Trade Commission Deception Policy Statement, such services are not to be advertised by way of deceptive marketing policies. For abbreviation purposes, Peregrine Hosting will be referred as PDM and companies or individual account owners using our services as CUSTOMERS.

PDM Acceptable Use Policy has been formulated with the following goals in mind:

Ensure security, reliability and privacy of PDM systems and network, and the networks and systems of others.
Avoid situations that may cause PDM to incur civil liability.
Maintain the image and reputation of PDM as a responsible organization.
Preserve the value of Internet resources as a conduit for free expression.
Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services.
Preserve the privacy and security of individual users.

The Acceptable Use Policy below defines the actions which PDM considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to PDM customers. If you are unsure whether any contemplated use or action is permitted, please send mail to legal@peregrinedigital.com and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by PDM, or connected via the PDM network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.

Acceptable Use Policy (“AUP”)

General Information. As a provider of Internet/World Wide Web access, web site hosting, and other Internet-related services, Peregrine Hosting (“the Company”) offers its customers, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. the Company respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, the Company reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, the Company has developed this Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing the Company’s services. This AUP will be revised from time to time. A customer’s use of the Company’s services after changes to the AUP are posted on the Company’s web site, http://peregrinedigital.com under the Terms of Use section, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that the Company cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because the Company cannot monitor or censor the Internet, and will not attempt to do so, the Company cannot accept any responsibility for injury to its users, customers or subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When users, customers or disseminate information through the Internet, they also must keep in mind that the Company does not review, edit, censor, or take responsibility for any information its users, customers or subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over the Company’s network and may reach a large number of people, including both customers and subscribers and non-subscribers of the Company, customers’ and subscribers’ postings to the Internet may affect other customers and subscribers and may harm the Company’s goodwill, business reputation, and operations. For these reasons, customers and subscribers violate the Company policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in activities described herein.
Scope. This AUP governs the usage of the Company’s products and services (the “Services”). This AUP is incorporated by reference into each contract the Company enters into with a customer (each, a “Customer”) for the use of such Services. the Company may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Company’s Web site so that no person who utilizes the Company’s Web site (regardless of whether that person is a Customer) may take any action utilizing the Company’s Web site that a Customer would be prohibited to take utilizing the Services.
Purpose. The purpose of this AUP is to enhance the quality of the Services and to protect the Company’s customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from the Company (each such person being a “User”). Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
Prohibited Uses. Customers and Users may not:
1. Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as “spam” or “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward the Company, but also because it can overload the Company’s network and disrupt service to its Customers subscribers. Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound email traffic is subject to review and possible action. When a complaint is received, the Company has the absolute and sole discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list, or whether the outbound email traffic generated from an account is suitable for a shared hosting environment.
2. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Customers and Users may not:
  1. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
  2. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
  3. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
  4. Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws;
  5. Utilize the Services to Forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message; or
  6. Utilize the Services in any manner that violates applicable law.
3. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Customers and Users may not:
  1. Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
  2. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Customers and Users may not:
    1. Utilize the Services to cause denial of service attacks against the Company or other network hosts or Internet users or to otherwise degrade or impair the operation of the Company’s servers and facilities or the servers and facilities of other network hosts or Internet users; or
    2. Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth; or
    3. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User’s own account; or
    4. Utilize the Services to resell access to CGI scripts installed on the Company’s servers; or
    5. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any the Company systems, facilities or equipment; or
    6. Utilize the Services to gain unauthorized access to the computer networks of the Company or any other person; or
    7. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code; or
    8. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including “spoofing”) to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames); or
    9. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services; or
    10. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator); or
    11. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or
    12. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or
    13. Utilize the Services in any manner that might subject the Company to unfavorable regulatory action, subject the Company to any liability for any reason, or adversely affect the Company’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by the Company in its sole discretion; or
    14. While on a shared hosting platform, utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with website/email hosting, including, without limitation, (A) directly opening any listening port, (B) starting any ‘daemon’ process, (C) performing local/remote security scans, (D) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host, (E) circumventing firewall restrictions, (F) connecting to any IRC/Peer to Peer file sharing server/network, (G) providing ‘tracker’ services to ‘BitTorrent’ clients and/or (H) exploiting web browser vulnerabilities, as determined by the Company in its sole discretion; or
    15. Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of the Company, including, but not limited to, telephone lines, email addresses, fax lines, bulletin boards or contact/signup forms; or
    16. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons;

Violations

1. Disclaimer. the Company expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this AUP. the Company has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
2. Reporting Non-Copyright Violations. the Company encourages Users to report violations of this policy by e-mail to: legal@peregrinedigital.com, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the “subject” field of the e-mail.
3. Reporting Copyright Violations. the Company complies with the Digital Millennium Copyright Act (“DMCA”). the Company encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA which information is located under the Legal section of this website to legal@peregrinedigital.com.
4. Remedies. If the Company learns of a violation of this AUP, the Company will respond to the applicable Customer and may, in the Company’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
  1. Warning the Customer; and/or
  2. Suspending the offending Customer from the Services; and/or
  3. Terminating the offending Customer from the Services; and/or
  4. Imposing fees or charges on the offending Customer account in accordance with the applicable service contract; and/or
  5. Removing the offending content; and/or
  6. Taking other action in accordance with this AUP, the applicable service contract or applicable law.

Reservation of Rights. the Company reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving the Company’s Services, Customers and other Users. the Company reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. the Company may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each Customer agrees that the Company is authorized to monitor its communications through the Company’s network for such purposes.

Overview Terms Of Service – Third-Party excerpt

Peregrine Digital Media Hosting does not allow pornographic material.
Peregrine Digital Media Hosting does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time.
Peregrine Digital Media Hosting reserves the right to terminate your account at any time without a refund. Reasons for termination include, but are not limited to:
1. Abuse of the machines – either intentional or due to improper coding
2. Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, “warez”, “hacking”/”cracking”/”key generators”.
3. The Services to traffic in illegal drugs, gambling and/or obscene materials.
4. The Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
5. Additionally, Peregrine Digital Media Hosting reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, “adult content” and/or the written word of a sexual nature.
6. Use of ad-servers, attempts to circumvent quota system owned by ‘nobody’, certain podcasting sites, use of torrent software, proxies, excessive resource usage or ‘core dumping’.
7. Attempts to circumvent any of our security policies, procedures or systems.

Business Hosting Pro Plan SLA

After your purchase of a Business Class Pro account, you may contact Customer Support to have your physical uptime checked no more than once within a 30-day period. If your Business Class Pro Server has a physical downtime that is not within the 99.999% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Peregrine Digital Media Hosting, dependent upon the results of the check performed by Peregrine Digital Media Hosting Customer Support. Third-party monitoring service reports may not be used for justification, due to a variety of factors, including the monitor’s network capacity and reliability. 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. If an approved downtime event is reported following a check you request, you must request your credit within one (1) week of receiving notification of such a report.

Scheduled downtime for server maintenance is not regarded as downtime for purposes of relevance for this credit, nor is downtime caused by unavoidable acts of God, nor by third-party digital or physical attacks on Peregrine Digital Media Hosting servers and data centers, such as direct denial of service (DDoS) attacks, or other forms of hacking. Interruptions in service caused by you from custom scripting, coding or the installation of third-party applications are likewise not eligible to be counted against downtime. Peregrine Digital Media Hosting reserves the right to measure uptime on its own at any time.

To request a credit, please create a ticket with our support department or email domains@PeregrineDigital.com with justification. Uptime guarantees only apply to Business Class Pro accounts. Dedicated Servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down and are not related to our uptime guarantee.

User Agreement

This User Agreement (“Agreement”) is an agreement between Peregrine Digital Media. (“Company”) and the party set forth in the related proposal (“Customer” or “You”) incorporated herein by reference (together with any subsequent proposals submitted by Customer, the “proposal”), and applies to the purchase of all services ordered by Customer on the proposal (collectively, the “Services”).

PLEASE READ THIS AGREEMENT CAREFULLY.

BY SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN CUSTOMER AND COMPANY, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING COMPANY’S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

Acceptable Use Policy (Listed above). Under this Agreement, Customer shall comply with Company’s then current Acceptable Use Policy (detailed above) (“AUP”), as amended, modified or updated from time to time by Company, which currently can be viewed under the Legal Details section of this web site, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Company does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the “Customer Content”). Customer Content includes content of Customer’s customers and/or users of Customer’s website. Accordingly, under this Agreement, You will be responsible for Your customers’ content and activities on Your website. Notwithstanding anything to the contrary contained in this Agreement, Company may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event Company takes corrective action due to a violation of the AUP, Company shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Company shall have no liability to Customer or any of Customer’s customers due to any corrective action that Company may take (including, without limitation, disconnection of Services).
Term; Termination; Cancellation Policy.
1. The initial term of this Agreement shall be as set forth in the proposal (the “Initial Term”). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE COMPANY TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”.
  1. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel, you acknowledge, agree and authorize Peregrine Digital Media Hosting to continue billing your credit card and you remain responsible for any uncollected amounts.
  2. Additionally, in an effort to ensure your domain registration renewal processes successfully, Peregrine Digital Media Hosting may process the renewal charge up to two weeks in advance of your expiration date unless you explicitly request otherwise.
2. This Agreement may be terminated
  1. by either party by giving the other party thirty (30) days prior written notice
  2. by Company in the event of nonpayment by Customer, late fee $25 per month for accounts past due 60 days. Suspension will result automatically for customers who go pat 90 days.
  3. by Company, at any time, without notice, if, in Company’s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer’s use of the Services disrupts or, in Company’s sole and absolute discretion and/or judgment, could disrupt, Company’s business operations and/or
  4. by Company as provided herein.
3. If You cancel this Agreement, upon proper notice to Company, prior to the end of the Initial Term or any Term thereafter,
  1. You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation;
  2. Company may (but is not obligated to) refund to You all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment, provided that, You are not in breach of any terms and conditions of this AUP, User Agreement, Spamming Policy or Domain Policy; and/or
  3. You shall be obligated to pay one hundred percent (100%) of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above). Any cancellation request shall be effective thirty (30) days after receipt by Company, unless a later date is specified in such request.
4. Company may terminate this Agreement, without penalty,
  1. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable; or
  2. immediately, if Company determines that Customer’s use of the Services, the Web site or the Customer Content violates any Company term or condition, including this AUP, User Agreement, Spamming Policy, or Domain Policy. If Company cancels this Agreement prior to the end of the Term for Your breach of this Agreement and related agreements, including the AUP, User Agreement, Spamming Policy, or Domain Policy or Customer’s use of the Services disrupts our network, Company shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, You shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and Company shall have the right to charge You an administrative fee of a minimum of $50.00.
5. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 2(e), 3, 4, 10, 11, 13, 15 and 16 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Company may be entitled.
Customer’s Responsibilities.
1. Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.
2. Customer will cooperate fully with Company in connection with Company’s performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer’s performance of its obligations under this Agreement will extend the time for Company’s performance of its obligations that depend on Customer’s performance on a day for day basis. Customer will notify Company of any change in Customer’s mailing address, telephone, electronic mail or other contact information.
3. Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
4. Because the Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site, including all back-ups. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by Company to provide the Services, as the same may be changed by Company from time to time. Specifications for the hardware and software used by Company to provide the Services will be available on Company’s Web site. Customer shall periodically access Company’s Web site to determine if Company has made any changes thereto. Company shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by Company to provide the Services.
5. Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.
Customer’s Representations and Warranties.
1. Customer hereby represents and warrants to Company, and agrees that during the Initial Term and any Term thereafter Customer will ensure that:
  1. Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Company to pay any fees, residuals, guild payments or other compensation of any kind to any Person;
  2. Customer’s use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any “moral right” or similar right however denominated;
  3. Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer Web site and will use the Customer Web site only for lawful purposes; and
  4. Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
2. Customer shall be solely responsible for the development, operation and maintenance of Customer’s web site, online store and electronic commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer’s products, including, without limitation
  1. the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products,
  2. ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and
  3. ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.
3. Customer grants Company the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.
4. In addition to transactions entered into by Customer on Your behalf, Customer also agrees to be bound by the terms of this Agreement for transactions entered into on Customer’s behalf by anyone acting as Customer’s agent, and transactions entered into by anyone who uses Customer’s account, whether or not the transactions were on Customer’s behalf.
License to Company. Customer hereby grants to Company a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order:
1. digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and
2. make archival or back-up copies of the Customer Content and the Customer Web site.
3. Except for the rights expressly granted above, Company is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.
4. Company, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, Customer Content and/or web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. Customer further agrees that Company shall not be liable to Customer for any loss or damages that may result from such conduct.
Billing and Payment.
1. Customer will pay to Company the service fees for the Services in the manner set forth in the proposal.
2. Company may increase the Service Fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term.
3. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Company’s net income). All such taxes will be added to Company’s invoices for the fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid.
4. Unless otherwise specified, all fees and related charges shall be due and payable within thirty (30) days after the date of the invoice. If any invoice is not paid within seven (7) days after the date of the invoice, Company may charge Customer a late fee of $25.00 for; in addition any amounts payable to Company not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
5. If Company collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Company prevails in any action to which the Customer and Company are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Company’s reasonable attorneys’ fees. I
6. If any check is returned for insufficient funds Company may impose a minimum processing charge of $25.00.
7. In the event that any amount due to Company remains unpaid seven (7) days after such payment is due, Company, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
8. There may be a minimum $150.00 charge to reinstate accounts that have been suspended or terminated.
9. Wire transfers will be assessed a minimum $35.00 charge.
10. There may be a minimum $35.00 charge to for all credit card chargebacks.
11. Customer acknowledges and agrees that Company may pre-charge Customer’s fees for the Services to its credit card supplied by Customer during registration for the Initial Term.
12. YOU ACKNOWLEDGE, AGREE AND AUTHORIZE COMPANY TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION 2.
Company as Reseller or Licensor. Company is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party (“Non-Company Product”). Company shall not be responsible for any changes in the Services that cause the Non-Company Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Company Product either sold, licensed or provided by Company to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of Company’s obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-Company Product are limited to those rights extended to Customer by the manufacturer of such Non-Company Product. Customer is entitled to use any Non-Company Product supplied by Company only in connection with Customer’s permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by Company to Customer through any Non-Company Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-Company Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
Internet Protocol (IP) Address Ownership. If Company assigns Customer an Internet Protocol (“IP”) address for Customer’s use, the right to use that IP address shall belong only to Company, and Customer shall have no right to use that IP address except as permitted by Company in its sole and absolute discretion in connection with the Services, during the term of this Agreement. Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Company, and Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Caching. Customer expressly
1. grants to Company a license to cache the entirety of the Customer Content and Customer’s web site, including content supplied by third parties, hosted by Company under this Agreement and
2. agrees that such caching is not an infringement of any of Customer’s intellectual property rights or any third party’s intellectual property rights.
CPU Usage. Customer agrees that Customer shall not use excessive amounts of CPU processing on any of Company’s servers. The maximum number of files is 50,000 per account. Any violation of this policy may result in corrective action by Company, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Company’s sole and absolute discretion. If Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
Bandwidth and Disk Usage. Company shall provide Customer with a large volume of bandwidth, disk space and other resources, such as email and/or file-transfer-protocol (“FTP”) accounts. The Services are intended for normal use only. Any activity that results in excessive usage inconsistent with normal usage patterns is strictly prohibited. Customer agrees that such bandwidth and disk usage shall not exceed the amounts set by Company for the Services (the “Agreed Usage”). These allotments are optimized and dedicated towards serving the Content and Customer’s electronic mail services related solely to Customer’s web hosting account(s) with Company. Customer shall not use any bandwidth and/or disk usage for materials other than the Customer’s Web site, Customer Content and/or Customer’s electronic mail services. For example, Customer may not use bandwidth or disk usage as offsite storage area for electronic files or as a provisioning service for third party electronic mail or FTP hosts. Company will monitor Customer’s bandwidth and disk usage. Company, in its sole discretion, shall have the right to take any corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage or other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of Customer’s Web site, Customer Content, Customer’s electronic mail services and/or other materials or termination of this Agreement, which actions may be taken in Company’s sole and absolute discretion. If Company takes any such corrective action under this section, Customer shall not be entitled to a refund or credit of any fees paid prior to such action. Customer will comply with all applicable laws, rules and regulations regarding Customer’s Web site, Customer Content and/or Customer’s electronic mail services and will each, including bandwidth, disk space and other resources only for lawful purposes. Customer may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If Company learns or discovers that Customer is violating any law related to Customer’s Web site, Customer Content and/or Customer’s electronic mail services, use of bandwidth, disk usage or Agreed Usage, Company maybe obligated to inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to Customer, Customer’s Web site, Customer Content and/or Customer’s electronic mail.
Parked Domain Services. In addition to the applicable terms and conditions contained herein:
1. If Customer signs up to register and park a domain name with Company, Customer agrees to pay Company the annual fee a set forth on our web site (the “Parked Page Services”). Customer’s annual billing date will be determined based on the month Customer establishes the Parked Page Services with Company. Payments are non-refundable. If for any reason Company is unable to charge Customer’s payment method for the full amount owed Company for the service provided, or if Company is charged a penalty for any fee it previously charged to Your payment method, Customer agrees that Company may pursue all available remedies in order to obtain payment. Customer agrees that among the remedies Company may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to Customer of Customer’s service. Company reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the payment method we have on file for Customer.
2. Customer agrees to be responsible for notifying Company should Customer desire to terminate use of any of the Parked Page Services, including, but not limited to, those purchased. Notification of Customer’s intent to terminate must be provided to Company no earlier than thirty (30) days prior to Customer’s billing date but no later than ten (10) days prior to the billing date. In the absence of notification from Customer, Company will automatically continue the Parked Page Services indefinitely and will charge Customer’s payment method that is on file with Company, at Company’s then current rates. It is Customer’s responsibility to keep their payment method information current, which includes the expiration date if using a credit card. In the event Customer terminates the Parked Page Services, moving their web site off of the Company hosting servers is Customer’s responsibility. Company will not transfer or FTP such web site to another provider. Any change by Customer of their name-server is not deemed cancellation of the Parked Page Services.
3. Company will provide Customer with the Parked Page Services as long as Customer abides by the terms and conditions set forth herein and in each of Company’s policies and procedures.
4. By using any of the Parked Pages Services, Customer agrees that Company may point the domain name or DNS to one of Company’s or Company’s affiliates web pages, and that they may place advertising on Customer’s web page and that Company specifically reserves this right. Customer shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of Customer’s Parked Pages.
5. Customer agrees to indemnify and hold harmless Company for any complications arising out of use of the Parked Page Services, including, but not limited to, actions Company chooses to take to remedy Customer’s improper or illegal use of a web site hosted by Company. Customer agrees it is not be entitled to a refund of any fees paid to Company if, for any reason, Company takes corrective action with respect to any improper or illegal use of the Parked Page Services.
6. If a dispute arises as a result of one or more of Customer’s Parked Pages, Customer will indemnify, defend and hold Company harmless for damages arising out of such dispute. Customer also agrees that if Company is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Company, that Company, in its sole discretion, may take whatever action Company deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
Property Rights.
1. Company hereby grants to Customer a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use Company technology, products and services solely for the purpose of accessing and using the Services. Customer may not use Company’s technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Company to Customer any Company technology, and all rights, titles and interests in and to any Company technology shall remain solely with Company. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Company.
2. Company owns all right, title and interest in and to the Services and Company’s trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems (“Marks”). Noting in this Agreement constitutes a license to Customer to use or resell the Marks.
Disclaimer of Warranty. Customer agrees to use all Services and any information obtained through or from Company, at Customer’s own risk. Customer acknowledges and agrees that Company exercises no control over, and accepts no responsibility for, the content of the information passing through Company’s host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF COMPANY, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN “COMPANY PERSON”) MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT COMPANY PROVIDES. NO COMPANY PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. COMPANY IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE SERVICES PROVIDED BY COMPANY. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY COMPANY PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
Limited Warranty.
1. Company represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Company generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies Company, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer’s sole and exclusive remedy, and Company’s sole obligation, for breach of the foregoing warranties shall be for Company, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. Company may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
2. The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Company’s reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer’s equipment or any third-party equipment not within the sole control of Company. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND COMPANY HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
Limitation of Liability.
1. IN NO EVENT WILL COMPANY’S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO COMPANY BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
2. COMPANY CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. COMPANY WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
3. EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
4. The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 15(c) shall not apply to Customer’s indemnification obligations.
5. Notwithstanding anything to the contrary in this Agreement, Company’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
6. Customer understands, acknowledges and agrees that if Company takes any corrective action under this Agreement because of an action of Customer or one if its customers or a reseller, that corrective action may adversely affect other customers of Customer or other reseller customers, and Customer agrees that Company shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by Company.
7. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Indemnification. Customer agrees to indemnify, defend and hold harmless Company and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an “indemnified party” and, collectively, “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 Customer’s use of the Services, (ii) any violation by Customer of the AUP, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
Arbitration Agreement And Class Action Waiver.
1. Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Peregrine Digital Media. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
  Please read this Arbitration Agreement carefully. It provides that all disputes between you (sometimes referred to as “Customer”) and Peregrine Digital Media (sometimes referred to as “Company”) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
  
  For the purpose of this Arbitration Agreement, “Peregrine Digital Media” means Peregrine Digital Media and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Peregrine Digital Media regarding any aspect of your relationship with Peregrine Digital Media, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
2. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
3. Pre-Arbitration Dispute Resolution. For all Disputes you must first give Peregrine Digital Media an opportunity to resolve the Dispute. You must commence this process by mailing written notification toPeregrine Digital Media P.O. Box 16322Albuquerque, NM 87154. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Peregrine Digital Media does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
4. Arbitration Procedures. If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Peregrine Digital Media may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
  For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
  
  Because your contract with Peregrine Digital Media, the Terms of Service, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
5. Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
6. Location of Arbitration. You may initiate arbitration in either Albuquerque, NM, or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that Peregrine Digital Media initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.
7. Payment of Arbitration Fees and Costs. Peregrine Digital Media will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Peregrine Digital Media as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Peregrine Digital Media your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
8. Class Action Waiver. The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Peregrine Digital Media specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Member of Peregrine Digital Media and/or user of Peregrine Digital Media services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
9. Limitation of Procedural Rights. You understand and agree that, by entering into this Arbitration Agreement, you and Peregrine Digital Media are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Peregrine Digital Media might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
10. Severability. If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
11. Continuation. This Arbitration Agreement shall survive the termination of your contract with Peregrine Digital Media and your use of Peregrine Digital Media services.
Miscellaneous.
1. Independent Contractor. Company and Customer are independent contractors and nothing contained in this Agreement places Company and Customer in the relationship of principal and agent, master and servant, 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.
2. Governing Law; Jurisdiction. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state of New Mexico, U.S.A., excluding its conflict of law provisions.
3. Headings. The headings herein are for convenience only and are not part of this Agreement.
4. Entire Agreement; Amendments. 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. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or Company, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and Company. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Company in its sole discretion, which modifications will be effective upon posting to Company’s web site.
5. Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
6. Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties’ signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Company may give written notice to Customer via electronic mail to the Customer’s electronic mail address as maintained in Company’s billing records.
7. Waiver. No failure or delay by any party hereto 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 by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement 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.
8. Assignment; Successors. Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
9. Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
10. Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, Company’s records of such execution shall be presumed accurate unless proven otherwise.
11. 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.
12. No 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, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier 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 Customer as if it were a party to this Agreement.
13. Government Regulations. Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
14. Marketing. Customer agrees that during the term of this Agreement Company may publicly refer to Customer, orally and in writing, as a customer of Company. Any other public reference to Customer by Company requires the written consent of Customer.

Domain Name Registration Agreement

IN THIS REGISTRATION AGREEMENT (“Agreement”), is between Tucows Domains Inc. (“Tucows”) and you, on behalf of yourself or the entity you represent (“Registrant”), as offered through Peregrine Digital Media., the Reseller participating in Tucows’ distribution channel for domain name registrations. Any reference to “Registry” or “Registry Operator” shall refer to the registry administrator of the applicable top-level domain (“TLD”). This Agreement explains Tucows’ obligations to Registrant, and Registrant’s obligations to Tucows, for the domain registration services. By agreeing to the terms and conditions set forth in this Agreement, Registrant agrees to be bound by the rules and regulations set forth in this Agreement, and by a registry for that particular TLD.
DOMAIN NAME REGISTRATION. Domain name registrations are for a limited term, which ends on the expiration date communicated to the Registrant. A domain name submitted through Tucows will be deemed active when the relevant registry accepts the Registrant’s application and activates Registrant’s domain name registration or renewal. Tucows cannot guarantee that Registrant will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of application. Tucows is not responsible for any inaccuracies or errors in the domain name registration or renewal process.
FEES. Registrant agrees to pay Reseller the applicable service fees prior to the registration or renewal of a domain. All fees payable hereunder are non-refundable even if Registrant’s domain name registration is suspended, cancelled or transferred prior to the end of your current registration term.
TERM. This Agreement will remain in effect during the term of the domain name registration as selected, recorded and paid for at the time of registration or renewal. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.
EXPIRATION, RENEWAL AND FORFEITURE. The registered domain name will expire on the expiration date specified in the registration term, and as communicated to the Registrant. Registrant will receive reminders immediately prior to the expiration inviting Registrant to renew the domain name. In the event that Registrant fails to renew the domain name in a timely fashion, the registration will expire and Tucows may, at its discretion, elect to assume the registration and may hold it in its own account, delete it, or sell it to a third party. During the period following the expiration of a domain name, the domain name will cease to resolve, the Whois registration records may be revised to include that of Tucows or its reseller, and visitors to Registrant’s website may be directed to a default web page. This default web page may feature advertisements posted by Tucows for its own account. Registrant acknowledges and agrees that Registrant’s right and interest in a domain name ceases upon its expiration. Registrant is solely responsible for informing itself of the date of expiration and renewing its registration in a timely manner. If Tucows, in its sole discretion, elects to renew the registration, Registrant will be entitled to a grace period of forty (40) days during which Registrant may re-register the domain name. Additional costs for the redemption and re-registration will apply.
EXPIRED REGISTRATION RECOVERY POLICY Domain expiration notices will be sent via email thirty (30) days and five (5) days prior to a domain expiration date and three (3) days after a domain expires. Renewal, post-expiration renewal and redemptions fees are published at https://opensrs.com/services/domains/domain–pricing/. Reseller’s fees may differ.
REGISTRANT INFORMATION. Registrant must provide the following information as part of the domain name registration process, and promptly correct and update during the term of the registration:
1. Name and postal address of the Registered Name Holder;
2. Registered name;
3. Names of the primary nameserver and secondary nameserver(s) for the Registered Name;
4. Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
5. Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
6. Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.
ACCURATE INFORMATION. Registrant represents and warrants that:
1. The statements that Registrant makes in connection with the domain name registration, maintenance, or renewal are complete and accurate;
2. Registrant information will be kept current;
3. Registrant will not and will not permit others to use the domain name in violation of any ICANN or registry policies, applicable laws or regulations, or legal rights of others;
4. Registrant will respond to inquiries from Tucows addressed to the email address of the Registrant, the administrative, billing or technical contact with respect to a domain name concerning the accuracy of contact details.
Registrant acknowledges that a breach of this Section 8 will constitute a material breach of the Agreement, which will entitle either Tucows or a registry to terminate this Agreement immediately upon such breach without any refund and without notice to Registrant.
ICANN REQUIRED DISCLOSURES. Domain name registration requires sharing the Registrant’s information, in whole or in part, with the applicable Registry Operator and with ICANN. As required by ICANN, this information must be made publicly available by means of Whois, and the Registry Operator also may be required to make this information publicly available by Whois. Both Tucows and the Registry Operator may be required to archive this information with a third-party escrow service. Registrant consents to and gives permission for all such required disclosures. Further, Registrant represents and warrants that, if Registrant is providing information about a third party, Registrant has notified the third party of the required disclosures and the purpose for the disclosures and Registrant has obtained the third party’s consent to such disclosure. ICANN may establish or modify the guidelines, limits or requirements that relate to the amount and type of information that Tucows may or must make available to the public or to private entities, and the manner in which such information is made available.
SUSPENSION AND CANCELLATION. Tucows may in its sole discretion, suspend or cancel Registrant’s domain name registration:
1. if Registrant breaches this Agreement;
2. if Registrant fails to provide payment or accurate contact or billing information;
3. in the event there was an error in the registration process for such domain name;
4. as required by ICANN or a Registry Operator;
5. to protect the integrity and stability of Tucows and any applicable registry;
6. to comply with any applicable laws, government rules, requests of law enforcement and court orders;
7. in compliance with any dispute resolution process, or
8. to avoid any liability, civil or criminal.
DISPUTE RESOLUTION. Registrant is bound by all ICANN consensus policies and all policies of any relevant Registry Operator, including the Uniform Rapid Suspension Procedure, The Uniform Domain Name Dispute Resolution policy (UDRP), along with the UDRP rules and all supplemental rules of any UDRP provider. ICANN may change the UDRP at any time. If a third party challenges the registration or reservation of the Registrant’s domain name, Registrant will be subject to the provisions specified in the dispute policy adopted by the applicable registry. In the event a domain name dispute arises, Registrant will indemnify and hold Tucows harmless pursuant to the terms and conditions contained in the applicable policy. If Tucows is notified that a complaint has been filed with a judicial or administrative body regarding a domain name, Tucows may, at its sole discretion, suspend use of the domain name and the ability to make modifications to the registration records until:
1. Tucows is directed to do so by the judicial or administrative body, or
2. Tucows receives notification from both parties that the dispute has been settled.
If Registrant or Registrant’s domain name becomes the subject of litigation, Tucows may deposit control of Registrant’s domain name record into the registry of the judicial body by supplying a party with a registrar certificate.
WHOIS PRIVACY SERVICE. If Registrant elects to use the Whois privacy registration service, the following terms and conditions will apply:
1. The publicly available Registrant contact information will list Contact Privacy Inc. Customer #### (where #### is a unique customer identification number) as the Registrant and contact name, and Tucows’ postal address, assigned email address and telephone number as contact information.
2. Tucows will keep the Registrant and Contact Information provided by Registrant on file. Both Tucows and the Registry may be required to archive this information with a third-party escrow service, as per ICANN policy.
3. Registrant will retain complete control over the domain name and its registration records and may suspend and reinstate the Whois Privacy Service at its discretion.
4. With respect to a domain name that has been transferred to Tucows, the Whois Privacy Service will only commence after the transfer has been completed. If Registrant elects to transfer a domain name to a different registrar, the Whois Privacy Service must be disabled in order to initiate the transfer.
5. Tucows will send all obligatory renewal and transfer related messages to the contacts that Registrant has designated.
6. Pricing for the Whois privacy registration service will be set by the Reseller, and Registrant will pay Reseller for this service.
7. Communications received with respect to a domain name registration will be handled as follows:
  1. Tucows will forward to Registrant all correspondence received by registered mail or traceable courier. This information may be opened, scanned and emailed to Registrant. Regular postal mail will be discarded or returned to sender at Tucows’ discretion.
  2. Email correspondence will be forwarded, only if submitted via the contactprivacy.com website.
  3. A voice mail message will advise all callers that inbound messages will not be accepted; calls will be directed to the contactprivacy.com website.
  4. The point of contact for third parties wishing to report abuse or infringement of trademarks (or other rights) is legal@tucows.com.
8. The business contact information for the Whois privacy registration service is:
  Contact Privacy Inc.
  96 Mowat Avenue
  Toronto (ON) M6K 3M1
  CANADA
  Attention: Compliance
9. Tucows shall have the right, at its sole discretion and without liability to Registrant, to suspend or cancel the Whois Privacy Service and to reveal Registrant and Contact Whois Information in certain circumstances, including but not limited to the following:
  1. when required by law;
  2. in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law;
  3. to comply with a legal process served upon Tucows;
  4. to resolve any and all third party claims including but not limited to ICANN’s or a Registry’s dispute resolution policy;
  5. to avoid financial loss or legal liability;
  6. if Tucows believes that Registrant or one of Registrant’s contacts is using the Whois Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities; or to transmit SPAM, viruses, worms or other harmful computer programs.
POLICY. Registrant agrees that its registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Tucows, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Tucows, registry, ICANN or government-adopted policy,
1. to correct mistakes by Tucows or a registry in registering the name or
2. for the resolution of disputes concerning the domain name.
TRADEMARK CLEARINGHOUSE (TMCH). Registrant agrees to abide by the terms and conditions set forth by Tucows and the Trademark Clearinghouse Agreement available at http://opensrs.com/site/resources/agreements#contracts.
NO GUARANTEE. Registrant acknowledges that registration of a chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.
AGENCY. If Registrant intends to license use of a domain name to a third party, Registrant is deemed the domain name holder of record and is responsible for providing Registrant’s own full contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. Registrant shall accept liability for harm caused by wrongful use of the domain name, unless it promptly discloses the licensee’s identity and current contact information (as provided by the licensee) to a party providing the Registered Name Holder reasonable evidence of actionable harm. Registrant represents that it will secure the agreement of any third party to the terms and conditions in this Agreement.
MODIFICATIONS TO AGREEMENT. Tucows may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. All amendments to this Agreement will be posted on our website at http://www.opensrs.com/docs/contracts/exhibita.htm. Your continued use of the registered domain name will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name be cancelled or transferred to a different accredited registrar, and agree that such cancellation or transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.
ANNOUNCEMENTS. Tucows reserves the right to distribute information to Registrant that is required by ICANN or Registry policy.
LIMITATION OF LIABILITY. Registrant agrees that Tucows’ entire liability, and Registrant’s exclusive remedy, with respect to the domain registration service provided under this Agreement and any breach of this Agreement is solely limited to the amount Registrant paid for the initial registration of the domain name. Tucows, ICANN and the applicable registries shall not be liable for any lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the extent permitted by law.
INDEMNITY. Registrant will defend, indemnify, and hold harmless Tucows, ICANN, the applicable registries, and their respective directors, officers, employees, agents, affiliates, and contractors, from all liabilities, claims and expenses, including attorney’s fees, arising out of or relating to
1. Registrant’s registration and use of the domain name registered;>
2. use of the domain name in violation of this Agreement; or
3. Registrant’s violation of any third party right, including Intellectual Property Rights. This indemnification obligation will survive the termination or expiration of this Agreement.
TRANSFER OF OWNERSHIP. The person named as Registrant on the Whois shall be the “Registered Name Holder.” The person named as administrative contact at the time the controlling account was secured shall be deemed the designate of the Registrant with the authority to manage the domain name. Registrant agrees that prior to transferring ownership of the domain name to another person (the “Transferee”) Registrant shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determine by Tucows in its sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. Registrant explicitly authorizes Tucows to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf.
BREACH. Registrant agrees that failure to abide by any provision of this Agreement, any ICANN, Registry, URDP or Dispute operating rule or policy, may be considered by Tucows to be a material breach, and that Tucows may provide written notice, describing the breach, to Registrant. If within fifteen (15) calendar days of the date of such notice, Registrant fails to provide evidence, which is reasonably satisfactory to Tucows, that Registrant has not breached its obligations under the Agreement, then Tucows may delete the registration the domain name. Any such breach by Registrant shall not be deemed to be excused simply because Tucows did not act earlier in response to that, or any other, breach by Registrant.
DISCLAIMER OF WARRANTIES. Except for the express warranties in this Agreement, Tucows does not make any other warranty of any kind, whether express, implied, statutory or otherwise, including warranties or merchantability, fitness for a particular purpose, and non-infringement. Tucows is not responsible or liable for the deletion or of failure to store any content and other communications maintained or transmitted through the use of the domain name registration service. Tucows does not warrant that the domain name registrations service will be error free or uninterrupted. The domain name registration service is not intended for high risk activities.
INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable Registry, the term, condition, policy or procedure of the applicable Registry shall prevail.
NON-WAIVER. Tucows failure to require performance by Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Tucows of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to Tucows must be sent to domains@tucows.com. Any notice to Registrant will be sent to the e-mail address provided by Registrant in the Whois record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing Postal notices to Tucows shall be sent to:
Tucows Domains Inc.
96 Mowat Avenue
Toronto, ON M6K 3M1 Canada
Attention: Compliance
and in the case of notification to Registrant shall be sent to the address specified in the “Administrative Contact” in the Whois record.
ENTIRETY. Registrant agrees that this Agreement, the applicable dispute policy and the rules and policies published by Tucows and any applicable Registry or other governing authority, are the complete and exclusive Agreement between Tucows and Registrant regarding the domain registration service.
NO THIRD PARTY BENEFICIARIES. This Agreement shall not be construed to create any obligation by either Tucows or Registrant to any non-party to this Agreement. Enforcement of this Agreement, including any provisions incorporated by reference, is a matter solely for the parties to this Agreement.
GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
INFANCY. Registrant attests to be of legal age to enter into this Agreement.
FORCE MAJEURE. Registrant acknowledges and agrees that neither Tucows nor the applicable Registry shall be responsible for any failures or delays in performing the respective obligations hereunder arising from any cause beyond its reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
PRIVACY. Information collected about Registrant is subject to the terms of Tucows’ privacy policy, the terms of which are hereby incorporated by reference. Tucows’ privacy policy can be found at: https://opensrs.com/privacy-policy/.
CONTROLLING LANGUAGE. In the event that Registrant is reading this Agreement in a language other than the English language, Registrant acknowledges and agrees that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
CONTROLLING LANGUAGE. In the event that Registrant is reading this Agreement in a language other than the English language, Registrant acknowledges and agrees that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
TLDs. The following additional provisions apply to any domain names that you register through Tucows with the various registries:
1. .com/net Domains: In the case of a “.com” or “.net” registration, the following terms and conditions will apply:
  1. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;
  2. For the adjudication of disputes concerning or arising from use of the domain name, 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. where Tucows is located, presently Toronto, Ontario.
2. .org Domains: In the case of a “.org” registration, the following terms and conditions will apply:
  1. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Dom ain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
  2. For the adjudication of disputes concerning or arising from use of the domain name, 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. where Tucows is located, presently Toronto, Ontario.
3. .info Domains: In the case of a “.info” registration, the following terms and conditions will apply:
  1. You agree to the Afilias Inc. Acceptable Use and Anti-Abuse Policy, located at https://www.afilias.info/policies
  2. Registrant’s Personal Data. You consent to the use, copying, distribution, publication, modification, and other processing of Registrant’s personal data by Afilias, the .INFO registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract;
  3. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
  4. For the adjudication of disputes concerning or arising from use of the domain name, 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. where Tucows is located, presently Toronto, Ontario;
    3. Reservation of Rights. Tucows and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either registrar or Afilias deems necessary, at its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or its registration data during resolution of a dispute.
4. .biz Domains: In the case of a “.biz” registration, the following terms and conditions will apply:
5. Registrations in the .biz top-level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the .biz registration 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 business; or
  3. to facilitate:
    1. the exchange of goods, services, information or property of any kind;
    2. the ordinary course of trade or business.
  4. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
  5. Selection of a Domain Name. You represent that:
    1. the data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete;
    2. to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;
    3. that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
    4. the registered domain name will be used primarily for bona fide business or commercial purposes and not
      1. exclusively for personal use, or
      2. 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;
        
        you have the authority to enter into this Registration Agreement; and
        
        the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.
  6. Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to keep the information true, current, complete, and accurate at all times. The information includes the following:
    1. your full name;
    2. your postal address;
    3. your e-mail address;
    4. your voice telephone number;
    5. your fax number (if applicable);
    6. the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
    7. the IP addresses of the primary nameserver and any secondary nameserver for the domain name;
    8. the corresponding names of the primary and secondary nameservers;
    9. the full name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts, and the name holder for the domain name; and
    10. any remark concerning the domain name that should appear in the Whois directory.
    11. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement.
  7. Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
    1. The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;
    2. The Restrictions Dispute Resolution Criteria and Rules (“RDRP”), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm; (collectively, the “Dispute Policies”).
  8. The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry or Registrar over the registration and use of an Internet domain name registered by Registrant.
  9. 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 endorsed on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider.
  10. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts:
    1. 1. of the Registrant’s domicile, and
      2. where Tucows is located, presently Toronto, Ontario.
    2. .name Domains: In the case of a “.name” registration, the following terms and conditions will apply:
      1. .name Restrictions. Registrations in the .name top-level domain 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 Representations. As a .name domain name registrant, you hereby represent that:
        
        The registered domain name or second level domain (“SLD”) e-mail address is your Personal Name.
        
        The data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all of the information provided correct, current and complete,
        
        to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;
        
        that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
        
        the registration satisfies the Eligibility Requirements found at: http://www.icann.org/en/about/agreements/registries/name/appendix-11-25mar11-en.htm; and
        
        you have the authority to enter into this Registration Agreement.
      3. E-mail Forwarding Services. The Services for which you have registered may, at your option, include e-mail forwarding. To the extent you opt to use e-mail forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of e-mail forwarding, including the content of messages sent through e-mail forwarding. You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and e-mail usage. Without prejudice to the foregoing, you undertake not to use e-mail forwarding:
        
        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;
        
        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;
        
        to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, wilful attempts to overload another system or other forms of harassment; or
        
        for spamming, which includes, but is not restricted to, the mass mailing of unsolicited e-mail, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using e-mail forwarding.
      4. Registry reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry’s e-mail forwarding. However, due to the nature of such systems, which actively block messages, Registry shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or us to give feedback on the decision.
      5. You understand and agree that Registry may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of e-mail forwarding. You further understand and agree that Registry is at liberty to block your access to e-mail forwarding if you use e-mail forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the e-mail forwarding unless it would damage the reputation of Registry or jeopardize the security of Registry or others to do so. Registry reserves the right to immediately discontinue e-mail forwarding without notice if the technical stability of e-mail forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing e-mail forwarding, Registry is not obliged to store any contents or to forward unsent e-mail to you or a third party.
      6. You understand and agree that to the extent either we and/or Registry is required by law to disclose certain information or material in connection with your e-mail forwarding, either we and/or Registry will do so in accordance with such requirement and without notice to you.
      7. Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the dispute policy that is incorporated herein and made a part of this Agreement by reference. You hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement.
        
        the Eligibility Requirements (the “Eligibility Requirements”), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
        
        the Eligibility Requirements Dispute Resolution Policy (the “ERDRP”), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm; and
        
        the Uniform Domain Name Dispute Resolution Policy (the “UDRP”), available at: http://www.icann.org/dndr/udrp/policy.htm
        
        The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD e-mail addresses will be granted on a first-come, first-served basis. The following categories of Personal Name Registrations may be registered:
        
        the Personal Name of an individual;
        
        the Personal Name of a fictional character, if you have trademark or service make rights in that character’s Personal Name;
        
        in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of the Personal Name so as to differentiate it from other Personal Names.
        
        The ERDRP applies to challenges to:
        
        registered domain names and SLD e-mail address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and
        
        to Defensive Registrations (as defined by the Registry) within .name.
        
        The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than the Registry or Tucows over the registration and use of an Internet domain name registered by a Registrant.
        
        For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts:
        
        of the Registrant’s domicile, and,
        
        where Tucows is located, presently Toronto, Ontario.
        
        .at Domains: In the case of a “.at” registration, the following terms and conditions will apply:
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.nic.at/en/service/legal_information/terms_conditions/. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        .be Domains: In the case of a “.be” registration, the following terms and conditions will apply:
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.dns.be/en/legal/domain_name_disputes/general_principle. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .be Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.dns.be/en/legal/domain_name_disputes/general_principle.
        
        .ca Domains: In the case of a “.ca” registration, the following terms and conditions will apply:
        
        Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy, which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at https://cira.ca/sites/default/files/attachment/policies/cdrppolicy_-_en.pdf. Please take the time to familiarize yourself with this policy.
        
        Registry Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Registry-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Registry adopted policy,
        
        to correct mistakes by Tucows or the Registry in registering the name or
        
        for the resolution of disputes concerning the domain name.
        
        Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with registry policies and procedures.
        
        Registry Agreement and Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by the Registry’s Registrant Agreement, the Registry’s policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at https://cira.ca/assets/Documents/Legal/Registrants/registrantagreement.pdf. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry agreement or policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        You acknowledge and agree that the Registry shall not be liable to you for any loss, damage, or expense arising out of the Registry’s failure or refusal to register a domain name, it’s failure or refusal to renew a domain name registration, it’s registration of a domain name, it’s failure or refusal to renew a domain name registration, it’s renewal of a domain name registration, it’s failure or refusal to transfer a domain name registration, it’s transfer of a domain name registration, it’s failure or refusal to maintain or modify a domain name registration, it’s maintenance of a domain name registration, it’s modification of a domain name registration, it’s failure to cancel a domain name registration or it’s cancellation of a domain name registration from the Registry;
        
        .cc Domains: In the case of a “.cc” registration, the following terms and conditions will apply:
        
        Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.verisign.com/information-services/naming-services/cctlds/page_042130.html. Please take the time to familiarize yourself with this policy.
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at: http://www.verisign.com/information-services/naming-services/cctlds/page_042130.html. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        .ch Domains: In the case of a “.ch” registration, the following terms and conditions shall apply:
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.switch.ch/id/terms. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .ch Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.switch.ch/id/disputes/rules. Please take the time to familiarize yourself with this policy.
        
        .cn Domains: In the case of a “.cn” registration, the following terms and conditions shall apply:
        
        “Registry” means the China Internet Network Information Center, which is the authority responsible for the administration of the national top-level domain of the People’s Republic of China and the Chinese domain name system;
        
        “Registry Gateway” means the service provided by the Registry Operator that facilitates the registration of .cn domain names by registrars operating outside of the People’s Republic of China;
        
        “Registry Operator” means Neustar, Inc., the company authorized to facilitate the registration of .cn domain names by registrars operating outside of the People’s Republic of China.
        
        Restrictions. You agree that you shall not register or use a domain name that is deemed by CNNIC to:
        
        be against the basic principles prescribed in the Constitution of the People’s Republic of China (“PRC”);
        
        jeopardize national security, leak state secrets, intend to overturn the government or disrupt the integrity of the PRC;
        
        harm national honour and national interests of the PRC;
        
        instigate hostility or discrimination between different nationalities or disrupt the national solidarity of the PRC;
        
        spread rumours, disturb public order or disrupt social stability of the PRC;
        
        spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
        
        insult, libel against others and infringe other people’s legal rights and interests in the PRC; or
        
        take any other action prohibited in laws, rules and administrative regulations of the PRC.
        
        Business or Organization Representation. .cn domain name registrations are intended for businesses and organizations and not for individual use. By registering a .cn name, you accordingly represent that you have registered the domain name on behalf or a business or organization. It should be noted that, although .cn policy is permissive in terms of registration, and enforcement is generally in reaction to a complaint (as opposed to proactive review), registrations that are not associated with an organization or business may be subject to deletion. The foregoing prevents an individual from registering a .cn domain name for a business operating as a sole proprietorship.
        
        Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the CNNIC Domain Name Dispute Policy & Rules for CNNIC Dispute Resolution Policy (“Dispute Policy”), as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement. The Dispute Policy is currently found at: http://www1.cnnic.cn/PublicS/fwzxxgzcfg/201208/t20120830_35737.htm.
        
        You acknowledge that, pursuant to the Dispute Policy, Registrars must comply with all reasonable requests from the applicable domain name dispute resolution institutions including the provision of all relevant evidence in any domain name disputes in the specified time frames.
        
        If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until:
        
        we are directed to do so by the judicial or administrative body, or
        
        we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
        
        Adherence to Policies. You agree to comply with all applicable laws, regulations and policies of the People’s Republic of China’s governmental agencies and the China Internet Network Information Centre (“CNNIC”), including but not limited to the following rules and regulations:
        
        Provisional Administrative Rules for Registration of Domain Names in China (currently at http://www1.cnnic.cn/PublicS/fwzxxgzcfg/201208/t20120830_35734.htm);
        
        Detailed Implementation Rules for Registration of Domain Names in China (currently at http://www1.cnnic.cn/PublicS/fwzxxgzcfg/201208/t20120830_35735.htm);
        
        Chinese Domain Names Dispute Resolution Policy (currently at http://www1.cnnic.cn/PublicS/fwzxxgzcfg/201208/t20120830_35737.htm); and
        
        CNNIC Implementing Rules of Domain Name Registration (currently at http://www1.cnnic.cn/PublicS/fwzxxgzcfg/201208/t20120830_35735.htm).
        
        You acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the CNNIC, as they may be amended from time to time.
        
        Suspension and Cancellation. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, CNNIC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a CNNIC or government-adopted policy,
        
        to correct mistakes by a party in registering the name,
        
        for the resolution of disputes concerning the domain name,
        
        to protect the integrity and stability of the registry,
        
        to comply with any applicable laws, government rules or requirements, requests of law enforcement,
        
        to avoid any liability, civil or criminal, on the part of Tucows, Registry Operator or CNNIC, as well as their affiliates, subsidiaries, directors, representatives, employees and stockholders or (6) for violations of this Agreement. Tucows, Registry Operator and CNNIC also reserve the right to “freeze” a domain name during the resolution of a dispute.
        
        Jurisdiction. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts:
        
        of the Registrant’s domicile,
        
        where Tucows is located, and
        
        the People’s Republic of China.
        
        Governing Law. For the adjudication of a dispute concerning or arising from use of a .cn domain, such dispute will be governed under the Laws of the People’s Republic of China.
        
        .de Domains: In the case of a “.de” registration, the following terms and conditions will apply:
        
        Selection of a Domain Name. You represent that:
        
        you have reviewed and have accepted the Registry’s Terms and Conditions and the Registry’s Guidelines and have provided your Reseller with written confirmation of same;you have reviewed and have accepted the Registry’s Terms and Conditions and the Registry’s Guidelines and have provided your Reseller with written confirmation of same;
        
        either you, or the person designated as the administrative contact for the domain name, shall be resident or shall have a branch in Germany;
        
        to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
        
        Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.
        
        Registry Policies. You agree to be bound by the Registry’s Registration Terms and Conditions and the Registration Guidelines. English language translations of the Registry’s documents are provided for convenience; in the event of a discrepancy between the English and the German language agreements, the terms of the German agreement will prevail. The Registry documents may be found at:
        
        English:
        
        Registration Terms and Conditions: http://www.denic.de/en/bedingungen.html
        
        Registration Guidelines: http://www.denic.de/en/denic-domain-guidelines.html
        
        German:
        
        DENIC-Registrierungsbedingungen: http://www.denic.de/de/bedingungen.html
        
        DENIC-Registrierungsrichtlinien: http://www.denic.de/de/richtlinien.html
        
        .eu Domains: In the case of a “.eu” registration, the following terms and conditions will apply:
        
        Eligibility Criteria. .eu domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly represent that you are:
        
        an undertaking having its registered office, central administration or principal place of business within the European Community;
        
        an organization established within the European Community without prejudice to the application of national law, or
        
        a natural person resident within the European Community.
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website. Registration policies of the Registry and the terms and conditions applicable to your .eu registration may be found at: http://www.eurid.eu/files/docs/trm_con_EN.pdf. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law.
        
        .fr, .acquitane, .alsace Domains: In the case of “.fr”, “.acquitane”, “.alsace” registrations, the following terms and conditions will apply:
        
        Representation of Registrant. .fr, .acquitane, .alsace domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly represent that you are: (A) A legal entity:
        
        whose head office is in France; (or),
        
        which possess an address in France which is expressly listed in the public electronic databases of the registrars of the commercial courts or the National Statistical and Economic Studies Institute (INSEE), (or),
        
        State institutions or departments, local authorities or associated establishments, (or),
        
        which own a trademark registered with the National Intellectual Property Institute or own a registered EU or international trademark which expressly includes French territory.
        
        Administrative Contact. Each registrant must designate an administrative contact to act as a coordinator between the registrant and the Registry. In the case of .fr registrations, the administrative contact must be based in France where it can receive legal and other documents.
        
        Registry Policies. You agree to be bound by the Registry’s Naming Charter, its registration rules for .fr. English language translations of the Registry’s documents are provided for convenience. The Registry documents may be found at: http://www.afnic.fr/en/resources/reference/registry-policies/.
        
        Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. The current .fr dispute resolution policy and procedures can be found at http://www.afnic.fr/doc/ref/juridique/parl. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.
        
        .CORSICA : In the case of “.CORSICA” registrations, the following terms and conditions will apply:
        
        .CORSICA domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly meet at least one of the requirements:
        
        Legal entity in Corsica – A company headquartered in Corsica or company having its head office outside Corsica but a secondary establishment registered in Corsica.
        
        Individuals living in Corsica – The applicant may be a French or foreign citizen with a physical address valid on the territory of Corsica.
        
        Nexus to the .corsican community Diaspora and link to the Corsican community – Any individual who has and will prove a direct or indirect link attachment (economic, social, cultural,familial, historical or otherwise) with Corsica.
        
        In addition to the criteria stated above, the Registrant of a domain name in .corsica is obliged, if he creates a website, to create and maintain in Corsican language at least one page of its website in.corsica. This Corsican language page will be registered on its home page and be published at the latest, three months after the publication of the website.
        
        .it Domains: In the case of a “.it” registration, the following terms and conditions shall apply:
        
        Registration Criteria. Registration of an .it name is restricted to subjects belonging to a member state of the European Union. Individuals and associations operating without a VAT number or a fiscal code are limited to a single domain name registration.
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.nic.it/create-and-change.it/regulations-and-guidelines. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation. Additional policies, including transfer procedures and “netiquette” rules may be found at http://www.nic.it/everything-on.it/naming-authority/?searchterm=naming%20authority.
        
        .RIO : In the case of “.RIO” registrations, the following terms and conditions will apply:
        
        A domain owner that loses eligibility to a .RIO domain is subject to termination of DNS publication for the domain, and to domain removal, no matter domain expiration date.
        
        Two pre-configured nameservers are required
        
        No trustee service allowed; abuse can lead to the deletion of the domain name by the registry
        
        Additional policies may be found at http://nic.rio/.
        
        Names under this TLD are only for usage by the city council of Rio. The .rio domain owner needs to be either:
        
        Legal entity incorporated in Brazil, with headquarters, branch, franchisee or licensee located in the city of Rio de Janeiro, with active record in the Finance Ministry.
        
        Individual with fixed address in the city of Rio de Janeiro, with active record in the Finance Ministry.
        
        .nl Domains: In the case of a “.nl” registration, the following terms and conditions shall apply:
        
        Registration Criteria. Registration of a .nl domain name is unrestricted save and except that applicants who are not based in the Netherlands or who do not have a registered address in the Netherlands must provide an address in the Netherlands where written documents can be sent to the applicant and where legal summonses can be served.
        
        Registry Policies. You agree to be bound by the policies of the Registry including but not limited to the Registry’s Registration Regulations. English language translations of the Registry’s documents are provided for convenience and may be found at: https://www.sidn.nl/fileadmin/downloads_en/Terms_and_Conditions/General_Terms_and_Conditions_for_.nl_Registrants.pdf. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. The current .nl dispute resolution policy and procedures can be found at https://www.sidn.nl/t/nl-domain-name. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.
        
        .tv Domains: In the case of a “.tv” registration, the following terms and conditions will apply:
        
        Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another Registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.icann.org/dndr/udrp/policy.htm. Please take the time to familiarize yourself with this policy.
        
        Policy. You agree that your registration of the .tv domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN or government adopted policy, or pursuant to any Registrar or registry procedure not inconsistent with an ICANN or government-adopted policy,
        
        to correct mistakes by us or the applicable Registry in registering the name or
        
        for the resolution of disputes concerning the domain name. You acknowledge that you have reviewed the .tv General Terms of Service which may be found at http://www.verisign.com/information-services/naming-services/cctlds/index.html” and expressly agree to the terms outlined therein.
        
        .uk Domains: In the case of a .uk registration, the following terms and conditions will apply:
        
        “Nominet UK” means the entity granted the exclusive right to administer the registry for .uk domain name registrations.
        
        Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at: http://www.nominet.org.uk/disputes/. Please take the time to familiarize yourself with this policy.
        
        Nominet UK Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Nominet UK-adopted policy, term or condition, or pursuant to any registrar or registry procedure not inconsistent with an Nominet UK-adopted policy,
        
        to correct mistakes by a registrar or the registry in registering the name, or
        
        for the resolution of disputes concerning the domain name. The current Nominet UK terms and conditions can be found at: http://www.nominet.org.uk/disputes/terms/
        
        When you submit a request for a domain name registration with Tucows and/or Reseller, you will be entering into two contracts – one contract with Tucows and/or Reseller and one contract with Nominet UK.
        
        Tucows and your Reseller will act as agents on your behalf by submitting your application to Nominet for you, however, you will still be entering into a direct contract between you and Nominet UK. This is a separate contract from this agreement; may be found at http://www.nominet.org.uk/nominet-terms. Tucows and Reseller must also make you aware that by accepting Nominet’s terms and conditions you are consenting to Nominet using your personal data for a variety of reasons. In particular, your name and address may be published as part of Nominet’s Whois look-up service.
        
        Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with Nominet UK policies and procedures.
        
        .us Domains: In the case of a “.us” registration, the following terms and conditions will apply:
        
        “DOC” means the United States of America Department of Commerce.
        
        “.us Nexus Requirement”. Only those individuals or organizations that have a substantive lawful connection in the United States are permitted to register for .usTLD domain names. Registrants in the .usTLD must satisfy the nexus requirement (“Nexus” or “Nexus Requirements”) set out at: http://www.neustar.us/the-ustld-nexus-requirements/.
        
        Selection of a Domain Name. You certify and represent that:
        
        You have and shall continue to have, a bona fide presence in the United States on the basis of real and substantial lawful contacts with, or lawful activities in, the United States as defined in Section (ii) hereinabove;
        
        The listed name servers are located within the United States;
        
        The data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete;
        
        To the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;
        
        That the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
        
        You have the authority to enter into this Registration Agreement.
        
        Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy and the usDRP, as defined below, that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with these policies.
        
        Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
        
        The Nexus Dispute Policy (“Dispute Policy), available at: http://www.neustar.us/nexus-dispute-policy/. The Dispute Policy will provide interested parties with an opportunity to challenge a registration not complying with the Nexus Requirements.
        
        The usTLD Dispute Resolution Policy (“usDRP”) available at: http://www.neustar.us/ustld-dispute-resolution-policy/. The usDRP is intended to provide interested parties with an opportunity to challenge a registration based on alleged trademark infringement.
        
        In addition to the foregoing, you agree that, for the adjudication of disputes concerning or arising from use of the Registered Name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts:
        
        of your domicile,
        
        where Tucows is located, and
        
        the United States.
        
        Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, the DOC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a DOC or government-adopted policy,
        
        to correct mistakes by us or the applicable Registry in registering the name or
        
        for the resolution of disputes concerning the domain name. The Registry Operator’s policies can be found at http://www.neustar.us/policies.
        
        Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove.
        
        Information. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:
        
        Your full name, postal address, e-mail address and telephone number and fax number (if available) (or, if different, that of the domain name holder);
        
        The domain name being registered;
        
        The name, postal address, e-mail address, and telephone number and fax number (if available) telephone numbers of the administrative contact, the technical contact and the billing contact for the domain name;
        
        The IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name;
        
        In addition to the foregoing, you will be required to provide additional Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/the-ustld-nexus-requirements/. Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected for the purpose of improving the products and services offered to you through your Reseller.
        
        Disclosure and Use of the Registration Information. You agree and acknowledge that we will make domain name registration information you provide available to the DOC, to the Registry Operator, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by the DOC and applicable laws. You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us. You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.
        
        .asia Domains: In the case of a .asia registration, the following terms apply:
        
        The Registered Name Holder/Registrant consents to the use, copying, distribution, publication, modification and other processing of its Personal Data by DotAsia Organisation Limited and its designees and agents in a manner consistent with the purposes specified pursuant to the Registry-Registrar Agreement and with relevant mandatory local data protection, laws and privacy.
        
        The Registered Name Holder/Registrant agrees to correct and update the registration information for the Registered Name immediately during the registration term for the Registered Name.
        
        In addition to the complying with the Registrar’s policies, the Registered Name Holder/Registrant* agrees to comply with those ICANN requirements, standards, policies, procedures, and practices for which the Registry Operator DotAsia Organisation Limited has monitoring responsibility in accordance with the Registry Agreement or with other arrangements with ICANN.
        
        The Registered Name Holder/Registrant agrees to comply with all the operational standards, policies, procedures, and practices for the .ASIA Registry as established from time to time in a non-arbitrary manner by DotAsia Organisation Limited (“.ASIA Registry Policies”). The Registered Name Holder/Registrant acknowledges that .ASIA Registry Policies are applicable to all registrars and/or registered name holders/registrants. Any changes of the .ASIA Registry Policies by the DotAsia Organisation Limited that are consistent with the Registry Agreement shall be effective upon thirty (30) days’ notice by DotAsia Organisation Limited to Registrar. The Registered Name Holder/Registrant further agrees to be bound by the terms and conditions as set down by DotAsia Organisation Limited during the initial launch and the general operations of the .ASIA TLD, including without limitation its Start-Up Policies where such terms and conditions include the submission to a binding arbitration for disputes arising from the Start-Up process or any allocation of domain names.
        
        The Registered Name Holder/Registrant agrees to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”) and to proceedings commenced under ICANN’s Charter Eligibility Dispute Resolution Policy (“CEDRP”). The Registered Name Holder/Registrant agrees to submit to proceedings commenced under other dispute resolution policies as set forth by DotAsia Organisation Limited from time to time in the Registry Policies, including but not limited to expedited processes for suspension of a domain name by claims sought 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 .ASIA Registry.
        
        The Registered Name Holder/Registrant acknowledges and agrees to comply with the .ASIA Charter Eligibility Requirement. The Registered Name Holder/Registrant* acting as Registrant Contact represents and warrants that it has made known to the Charter Eligibility Declaration Contact (the “CED Contact”), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder/Registrant’s* legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited’s .ASIA Charter Eligibility Requirement Policy published from time to time. Registered Name Holder/Registrant acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.
        
        The Registered Name Holder/Registrant agrees to indemnify, to the maximum extent permitted by law, defend and hold harmless the Registry Operator DotAsia Organisation Limited and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use. Notwithstanding the other provisions in this Agreement, the Registered Name Holder agrees that this indemnification obligation shall survive the termination or expiration of this registration agreement.
        
        The Registered Name Holder/Registrant acknowledges and agrees that DotAsia Organisation Limited and Registry Services Provider, acting in consent with DotAsia Organisation Limited, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its sole discretion:
        
        to protect the integrity security, and stability of the registry;
        
        to comply with all appropriate laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process;
        
        to avoid any liability, civil or criminal, on the part of DotAsia Organisation Limited as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders;
        
        for violations of the terms and conditions herein: or
        
        to correct mistakes made by DotAsia Organisation Limited, the Registry Services Provider or any registrar in connection with a domain name registration. DotAsia Organisation Limited also reserves the right to freeze a Registered Name such as placing a domain name on hold, lock, or other status during the resolution of a dispute.
        
        Notwithstanding anything in this Agreement to the contrary, DotAsia Organisation Limited, the Registry Operator of the .ASIA TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of DotAsia Organisation Limited have vested and that it has relied on its third party beneficiary rights under this Agreement in agreeing to Tucows being a registrar for the .ASIA TLD. Additionally, the third party beneficiary rights of DotAsia Organisation Limited shall survive any termination or expiration of this Agreement.
        
        The Registered Name Holder/Registrant acknowledges that in the event of conflict between this section of the Agreement and other sections of the same, this section shall prevail.
        
        For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts:
        
        of the Registrant’s domicile, and
        
        where Tucows is located, presently Toronto, Ontario.
        
        .li Domains: In the case of a .li registration, the following terms and conditions shall apply:
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.switch.ch/id/terms. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .ch Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.switch.ch/id/disputes/rules. Please take the time to familiarize yourself with this policy.
        
        .me Domains: In the case of a .me registration, the following terms and conditions shall apply:
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.nic.me/policies. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .me Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.nic.me/policies. Please take the time to familiarize yourself with this policy.
        
        .tel Domains: In the case of a .tel registration, the following terms and conditions shall apply:
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://telnic.com/downloads/AUP.pdf. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
        
        For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts:
        
        of the Registrant’s domicile, and
        
        where Tucows is located, presently Toronto, Ontario.
        
        .mobi Domains: In the case of a .mobi registration, the following terms and conditions shall apply:
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://dotmobi.com/. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
        
        For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts:
        
        of the Registrant’s domicile, and
        
        where Tucows is located, presently Toronto, Ontario.
        
        .in Domains: In the case of a “.in” registration, the following terms and conditions shall apply:
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at https://registry.in/Policies. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        .bz Domains: In the case of a “.bz” registration, the following terms and conditions shall apply:
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.afilias-grs.info/bz-belize. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        .ws Domains: In the case of a “.ws” registration, the following terms and conditions shall apply:
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.worldsite.ws/legal/index.dhtml?url=worldsite.ws. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        .co and .com.co, .net.co, .nom.co Domains: In the case of a “.com.co” or “.net.co” or “.nom.co” registration, the following terms and conditions shall apply:
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.go.co. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        .com.au, .net.au, .org.au, .asn.au, .id.au Domains: In the case of a .com.au, .net.au, .org.au, .asn.au, .id.au registration, the following terms and conditions shall apply:
        
        auDA AND REGISTRAR’S AGENCY: In this agreement, auDA means .au Domain Administration Limited ACN079 009 340, the .au domain names administrator.
        
        The Registrar acts as agent for auDA for the sole purpose, but only to the extent necessary to enable auDA to receive the benefit of rights and covenants conferred to it under this agreement. auDA is an intended third party beneficiary of this agreement.
        
        auDA PUBLISHED POLICY:
        
        In this clause, auDA Published Policies means those specifications and policies established and published by auDA from time to time at http://www.auda.org.au/.
        
        Registrant must comply with all auDA Published Policies, as if they were incorporated into, and form part of, this agreement. In the event of any inconsistency between any auDA Published Policy and this agreement, then the auDA Published Policy will prevail to the extent of such inconsistency.
        
        Registrant acknowledges that under the auDA Published Policies:
        
        There are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this agreement; and
        
        Registrant is bound by, and must submit to, the .au Dispute Resolution Policy; and (3) auDA may delete or cancel the registration of a .au domain name.
        
        auDA’S LIABILITIES AND INDEMNITY:
        
        To the fullest extent permitted by law, auDA will not be liable to Registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered by Registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.
        
        Registrant agrees to indemnify, keep indemnified and hold auDA, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Registrant’s registration or use of its .au domain name.
        
        Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.
        
        .xxx, .porn, .adult, .sex Domains: In the case of a .xxx, .porn, .adult, .sex registration, the following terms and conditions shall apply:
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://icmregistry.com/policies/registry-registrant-agreement/ and http://nic.porn/about/policies/. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
        
        For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts:
        
        of the Registrant’s domicile, and
        
        where Tucows is located, presently Toronto, Ontario.
        
        .pro Domains: In the case of a .pro registration, the following terms and conditions shall apply:
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.registry.pro/legal/user-terms
        
        You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (.UDRP.) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;
        
        For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts:
        
        of the Registrant’s domicile, and
        
        where Tucows is located, presently Toronto, Ontario.
        
        .dk Domains: In the case of a .dk registration, the following terms and conditions shall apply:
        
        Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at https://www.dk-hostmaster.dk/english/laws-conditions/
        
        You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
        
        Information submitted by you is registered by the registry operator DK Hostmaster and will be used for administering the .dk top-level domain.
        
        Your personal data is not publicly available in the whois database, but the operating registry, DK Hostmaster, shall release hidden personal details on request where a legal interest is demonstrated.
        
        You agree to allow Tucows to make a payment for a domain registration/renewal/transfer on your behalf.
        
        You have the right to change the billing contact or proxy and to pay the registry, DK Hostmaster, directly.
        
        The registration of a .DK domain name takes place with the registry operator, DK Hostmaster and you must agree to DIFO’s rules available at https://www.dk-hostmaster.dk/english/laws-conditions/.
        
        You have the right to, at any time, change your Registrar, DNS and Zone Contact.
        
        Your e-mail address must not be related to the Domain Name to be Registered and must be an e-mail address that is under your control. It is your responsibility to ensure that the e-mail address stated is valid.
        
        For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts:
        
        of the Registrant.s domicile, and
        
        where Tucows is located, presently Toronto, Ontario.
        
        Additional ccTLD Policies. Additional registry policies may apply for ccTLDs. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are referenced at http://www.tucowsdomains.com/domaininfo/cctld-registry-policies.
        
        .VENTURES, .HOLDINGS, .SINGLES, .CLOTHING, .GURU, .BIKE, .PLUMBING, .CAMERA, .LIGHTING, .EQUIPMENT, .ESTATE, .GRAPHICS, .GALLERY, .PHOTOGRAPHY, .LAND, .TODAY, .TECHNOLOGY, .CONTRACTORS, .DIRECTORY, .KITCHEN, .CONSTRUCTION, .DIAMONDS, .ENTERPRISES, .TIPS, .VOYAGE, .CAREERS, .PHOTOS, .RECIPES, .SHOES, .LIMO, .DOMAINS, .CAB, .COMPANY, .COMPUTER, .SYSTEMS, .ACADEMY, .MANAGEMENT, .CENTER, .BUILDERS, .EMAIL, .SOLUTIONS, .SUPPORT, .TRAINING, .CAMP, .EDUCATION, .GLASS, .INSTITUTE, .REPAIR, .COFFEE, .HOUSE, .FLORIST, .INTERNATIONAL, .SOLAR, .HOLIDAY, .MARKETING, .CODES, .FARM, .VIAJES, .AGENCY, .BARGAINS, .BOUTIQUE, .CHEAP, .ZONE, .COOL, .WATCH, .WORKS, .EXPERT, .EXPOSED, .FOUNDATION, .CRUISES, .FLIGHTS, .RENTALS, .VACATIONS, .VILLAS, .TIENDA, .CONDOS, .PROPERTIES, .MAISON, .DATING, .EVENTS, .PARTNERS, .PRODUCTIONS, .COMMUNITY, .CATERING, .CARDS, .CLEANING, .TOOLS, .INDUSTRIES, .PARTS, .SUPPLIES, .SUPPLY, .FISH, .REPORT, .VISION, .SERVICES, .CAPITAL, .ENGINEERING, .EXCHANGE, .GRIPE, .ASSOCIATES, .LEASE, .MEDIA, .PICTURES, .REISEN, .TOYS, .UNIVERSITY, .TOWN, .WTF, .FAIL, .FINANCIAL, .LIMITED, .CARE, .CLINIC, .SURGERY, .DENTAL, .FURNITURE, .DISCOUNT, .FITNESS, .SCHULE, .TAX, .CASH, .FUND, .INVESTMENTS, .GRATIS, .CLAIMS, .CREDIT, .CREDITCARD, .DIGITAL, .ACCOUNTANTS, .FINANCE, .INSURE, .LOANS, .CHURCH, .LIFE, .GUIDE, .DIRECT, .PLACE, .WORLD, .DELIVERY, .ENERGY, .BUSINESS, .IMMO, .NETWORK, .PIZZA, .COACH, .MEMORIAL, .LEGAL, .MONEY, .TIRES, .BINGO, .CHAT, .STYLE, .TENNIS, .GOLF, .TOURS, .GOLD, .PLUS, .TEAM, .JEWELRY, .SHOW, .EXPRESS, .CAFE, .DOG, .THEATER, .TAXI, .HOCKEY, .RUN, .MOVIE, .COUPONS, .SOCCER, .FYI, .MBA, .VIN, .WINE, .GROUP, .SALON, .GMBH, .LTD, .SHOPPING The following premium domains have not been completely setup/transferred, and have been stuck for at LEAST 20 minutes. Please retry these setups from the “Premium Domains Pending Setups” area in the AWI.Domains: In the case of a .VENTURES, .HOLDINGS, .SINGLES, .CLOTHING, .GURU, .BIKE, .PLUMBING, .CAMERA, .LIGHTING, .EQUIPMENT, .ESTATE, .GRAPHICS, .GALLERY, .PHOTOGRAPHY, .LAND, .TODAY, .TECHNOLOGY, .CONTRACTORS, .DIRECTORY, .KITCHEN, .CONSTRUCTION, .DIAMONDS, .ENTERPRISES, .TIPS, .VOYAGE, .CAREERS, .PHOTOS, .RECIPES, .SHOES, .LIMO, .DOMAINS, .CAB, .COMPANY, .COMPUTER, .SYSTEMS, .ACADEMY, .MANAGEMENT, .CENTER, .BUILDERS, .EMAIL, .SOLUTIONS, .SUPPORT, .TRAINING, .CAMP, .EDUCATION, .GLASS, .INSTITUTE, .RE PAIR, .COFFEE, .HOUSE, .FLORIST, .INTERNATIONAL, .SOLAR, .HOLIDAY, .MARKETING, .CODES, .FARM, .VIAJES, .AGENCY, .BARGAINS, .BOUTIQUE, .CHEAP, .ZONE, .COOL, .WATCH, .WORKS, .EXPERT, .EXPOSED, .FOUNDATION, .CRUISES, .FLIGHTS, .RENTALS, .VACATIONS, .VILLAS, .TIENDA, .CONDOS, .PROPERTIES, .MAISON, .DATING, .EVENTS, .PARTNERS, .PRODUCTIONS, .COMMUNITY, .CATERING, .CARDS, .CLEANING, .TOOLS, .INDUSTRIES, .PARTS, .SUPPLIES, .SUPPLY, .FISH, .REPORT, .VISION, .SERVICES, .CAPITAL, .ENGINEERING, .EXCHANGE, .GRIPE, .ASSOCIATES, .LEASE, .MEDIA, .PICTURES, .REISEN, .TOYS, .UNIVERSITY, .TOWN, .WTF, .FAIL, .FINANCIAL, .LIMITED, .CARE, .CLINIC, .SURGERY, .DENTAL, .FURNITURE, .DISCOUNT, .FITNESS, .SCHULE, .TAX, .CASH, .FUND, .INVESTMENTS, .GRATIS, .CLAIMS, .CREDIT, .CREDITCARD, .DIGITAL, .ACCOUNTANTS, .FINANCE, .INSURE, .LOANS, .CHURCH, .LIFE, .GUIDE, .DIRECT, .PLACE, .WORLD, .DELIVERY, .ENERGY, .BUSINESS, .IMMO, .NETWORK, .PIZZA, .COACH, .MEMORIAL, .LEGAL, .MONEY, .TIRES, .BINGO, .CHAT, .STYLE, .TENNIS, .GOLF, .TOURS, .GOLD, .PLUS, .TEAM, .JEWELRY, .SHOW, .EXPRESS, .CAFE, .DOG, .THEATER, .TAXI, .HOCKEY, .RUN, .MOVIE, .COUPONS, .SOCCER, .FYI, .MBA, .VIN, .WINE, .GROUP, .SALON, .GMBH, .LTD, .SHOPPING for SR/GA (Donuts) registration, the following conditions apply:
        
        You agree to the Donuts Inc. Acceptable Use and Anti-Abuse Policy, located at http://www.donuts.co/policies/acceptable-use/
        
        You acknowledge that TLDs offered by Donuts Inc. will have non-uniform renewal registration pricing, such that the fee for a domain name registration renewal may differ from other domain names in the same or other Donuts TLDs.
        
        .DOCTOR Domains: In the case of a .DOCTOR registration, the following conditions apply:
        
        You agree to the Donuts Inc. Acceptable Use and Anti-Abuse Policy located at http://www.donuts.co/policies/acceptable-use/
        
        In addition to the criteria stated above, .DOCTOR registrants who hold themselves out to be licensed medical practitioners must be able to demonstrate to the Registrar and Registry, upon request, that they hold the applicable licenses.
        
        .TATTOO, .SEXY, .GUITARS, .LINK, .GIFT, .PICS, .PHOTO, .CHRISTMAS, .BLACKFRIDAY, .CLICK, .DIET, .HELP, .DIET, .HIPHOP, .JUEGOS, .FLOWERS, .LOL, .GAME, .CARS, .AUTO, .CAR, .MOM Domains: In the case of a .TATTOO, .SEXY, .GUITARS, .LINK, .GIFT, .PICS, .PHOTO, .CHRISTMAS, .BLACKFRIDAY, .CLICK, .DIET, .HELP, .DIET, .HIPHOP, .JUEGOS, .FLOWERS, .LOL, .GAME, .CARS, .AUTO, .CAR, .MOM registration, the following conditions apply:
        
        You agree to the Uniregistry Inc. Acceptable Use and Anti-Abuse Policy, located at http://uniregistry.link/bin/pdf/Acceptable_Use_Policy_and_Terms_of_Service.pdf
        
        You acknowledge that TLDs offered by Uniregistry Inc. will have non-uniform renewal registration pricing, such that the fee for a domain name registration renewal may differ from other domain names in the same or other Uniregistry TLDs.
        
        .DIET, .HIPHOP, .JUEGOS Domains: In the case of a .DIET, .HIPHOP, .JUEGOS registration, the following additional conditions apply:
        
        The registrant will abide by all applicable laws regarding privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.
        
        The registrant further agrees that if it collects or maintains sensitive health and financial data that it will implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
        
        .SEXY Domains: In the case of a .SEXY registration, the following additional conditions apply:
        
        The Registrant shall NOT permit content unsuitable for viewing by a minor to be viewed from the main or top-level directory of a .SEXY domain name. For purposes of clarity, content viewed at the main or top-level directory of a .SEXY domain name is the content immediately visible if a user navigates to http://example.sexy or http://www.example.sexy. No restrictions apply to the content at any other page or subdirectory addressed by a .SEXY Registered Name.
        
        For the purposes of these additional conditions, the term “content unsuitable for viewing by a minor” means any communication, consisting of nudity, sex, or excretion, that, taken as a whole and with reference to its context–
        
        predominantly appeals to a prurient interest;
        
        is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
        
        lacks serious literary, artistic, political, or scientific value.
        
        For the purposes of these additional conditions, the term “sex” means acts of masturbation, sexual intercourse, or physical contact with a person’s genitals, or the condition of human male or female genitals when in a state of sexual stimulation or arousal; and “minor” means a person who has not attained the age of 13.
        
        .DANCE, .DEMOCRAT, .NINJA, .IMMOBILIEN, .FUTBOL, .REVIEWS, .SOCIAL, .PUB, .MODA, .KAUFEN, .CONSULTING, .ACTOR, .ROCKS, AUCTION, .FORSALE, .RIP, .BAND, .SALE, .NEWS, .LIVE, .STUDIO, .FAMILY, .GAMES Domains: In the case of a .DANCE, .DEMOCRAT, .NINJA, .IMMOBILIEN, .FUTBOL, .REVIEWS, .SOCIAL, .PUB, .MODA, .KAUFEN, .CONSULTING, .ACTOR, .ROCKS, AUCTION, .REHAB, .GIVES, .DEGREE, .FORSALE, .RIP, .BAND, .SALE, .NEWS, .LIVE, .STUDIO, .FAMILY, .GAMES registration, the following conditions apply:
        
        You agree to the Rightside Inc. Acceptable Use and Anti-Abuse Policy, located at http://rightside.co/registry/for-registrars/#c290
        
        You acknowledge that TLDs offered by Rightside Inc. will have non-uniform renewal registration pricing, such that the fee for a domain name registration renewal may differ from other domain names in the same or other Rightside TLDs.
        
        .FISHING, .VODKA, .RODEO, .COOKING, .HORSE, .COUNTRY, .BAYERN, .BEER, .SURF, .CASA, .YOGA, .WORK, .FASHION, .WEDDING, .GARDEN, .FIT, .NRW, .MIAMI, .LAW, .ABOGADO, .VIP Domains: In the case of a .FISHING, .VODKA, .RODEO, .COOKING, .HORSE, .COUNTRY, .BAYERN, .BEER, .SURF, .CASA, .YOGA, .WORK, .FASHION, .WEDDING, .GARDEN, .FIT, .NRW, .MIAMI, .LAW, .ABOGADO, .VIP registration, the following conditions apply:
        
        You agree to the Minds + Machines Inc. Acceptable Use and Anti-Abuse Policy, located at http://mm-registry.com/policies/
        
        You agree to the .BAYERN Minds + Machines Inc. policies located at http://mm-registry.com/wp-content/uploads/2014/04/Bayern-Registry-Policies_English1.pdf
        
        You acknowledge that TLDs offered by Minds + Machines Inc. will have non-uniform renewal registration pricing, such that the fee for a domain name registration renewal may differ from other domain names in the same or other Minds + Machines TLDs.
        
        .NRW Domains: In the case of a .NRW registration, the following additional conditions apply:
        
        You agree to additional acceptable use policies located at http://nic.nrw/die-nrw-domain/richtlinien/.
        
        Registrants of .NRW domains in Sunrise and General Availability must be:
        
        Individuals with residence in the postal code area of the federal state of North Rhine-Westphalia; or
        
        Individuals that have a place of business in connection with self-employment or freelance work in the postal code area of the federal state of North Rhine-Westphalia; or
        
        Entities that have place of business in the postal code area of the federal state of North Rhine-Westphalia.
        
        .LAW, .ABOGADO Domains: In the case of .LAW, .ABOGADO registrations, the following additional conditions apply:
        
        Registrant Validation, Data, and Restriction. Registration in the .law and .abogado TLDsis restricted to accredited lawyers as validated by an agent, which shall be appointedfrom time to time by the Registry (Validation Agent). Registrar must capture additionaldata as necessary to facilitate validation (Validation Data).
        
        Validation Data must beprovided as requested from time to time by the Registry. Registrar must pay the non-refundable Validation Fee (see section below). Registrar must require that Registrant certify, prior to check out or collection of any registration fees, that Registrantis qualified to register the domain and that all provided information is true and accurate.
        
        Registrar must display to Registrant terms to the effect that providing false informationmay lead to the deletion of their registration on all Registry TLDs including, but not limited to, .law and .abogado. Failure to maintain accreditation may result in cancellation ofregistration; no refunds will be granted outside the add grace or renewal grace periods.Validation may occur for each registration year. Registry may periodically re-verifyaccreditation at no additional cost to the Registrar. Disputes regarding validation will behandled by the Registry and Registrar agrees to submit such disputes immediately to the Registry for determination.
        
        The applicant must provide the Qualified Lawyer information:
        
        Their full name as the applicant, as recorded with their regulator
        
        The official name of the accreditation body (e.g., The State Bar of New Mexico); The accreditation body is the entity that issued the accreditation ID to the qualified lawyer. Within the Qualified Lawyer extension, a character string is used to represent an accreditation body.
        
        The accreditation year; A qualified lawyers accreditation year is the year he/she was initially certified by the accreditation body. It is represented by a four-digit year including the century.
        
        The applicants accreditation ID number; The qualified lawyers accreditation ID is a character string issued by the accreditation body to the qualified lawyer. Accreditation IDs uniquely identify the qualified lawyer within the context of the accreditation body.
        
        The accreditation jurisdiction: country and state, province, or district, as applicable. The accreditation jurisdiction country is the country in which the accreditation body certifies the qualified lawyer. ISO two-letter country codes are used to represent the accreditation jurisdiction country. The accreditation jurisdiction country is required. The accreditation jurisdiction state/province is the specific region, within the accreditation jurisdiction country, in which the accreditation body certifies the qualified lawyer. A character string represents the region. The accreditation jurisdiction is required when the accrediting body limits the qualified lawyers certification to this area.
        
        .BERLIN Domains: In the case of a .BERLIN registration, the following conditions apply:
        
        a.iii.1. You agree to the dotBERLIN GmbH & Co. Registration and Anti-Abuse Policy, located at http://nic.berlin/de/berlin-policies/
        
        .RUHR Domains: In the case of a .RUHR registration, the following conditions apply:
        
        You agree to the regiodot GmbH & Co. Registration and Anti-Abuse Policy, located at http://www.dot.ruhr/en/registration-policy/
        
        .WIEN Domains: In the case of a .WIEN registration, the following conditions apply:
        
        You agree to the punkt.wien GmbH Registration and Anti-Abuse Policy, located at http://www.nic.wien/wien/policies.html
        
        .KIM, .PINK, .RED, .BLUE, .BLACK, .GLOBAL, .MEET, .LTDA, .POKER, .LGBT, .GREEN, .SRL, .BET, .PET, .PROMO Domains: In the case of a .KIM, .PINK, .RED, .BLUE, .BLACK, .GLOBAL, .MEET, .LTDA, .POKER, .LGBT, .GREEN .SRL, .BET, .PET, .PROMO registration, the following conditions apply:
        
        You agree to the Afilias Inc. Acceptable Use and Anti-Abuse Policy, located at https://www.afilias.info/policies
        
        You acknowledge that TLDs offered by Afilias Inc. will have non-uniform renewal registration pricing, such that the fee for a domain name registration renewal may differ from other domain names in the same or other Afilias TLDs.
        
        .POKER Domains: In the case of a .POKER registration, the following additional conditions apply:
        
        Registrants of .POKER domains must:
        
        comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, disclosure of data, and financial disclosures;
        
        implement reasonable and appropriate security measures commensurate with the collection and maintenance of financial data, as defined by applicable law;
        
        provide administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or industry self-regulatory, bodies in their main place of business.
        
        .LGBT Domains: In the case of a .LGBT registration, the following additional conditions apply:
        
        You agree to additional acceptable use policies located at http://get.lgbt/LGBTAUP.
        
        .GREEN Domains: In the case of a .GREEN registration, the following additional conditions apply:
        
        You agree to additional acceptable use policies located at http://nic.green/registrars/policies/acceptable-use-and-anti-abuse-policy/.
        
        .SRL Domains: In the case of a .SRL registration, the following additional conditions apply:
        
        Registrants of .SRL must:
        
        Only companies that are registered as SRL qualify to be a Registrant of an .SRL domain name. Such registration must be granted by a governmentalbody, or an organization authorized by a governmental body to issue such registration. If at any time during the term of registration of a Registered Name a Registrant shall no longer meet the requirements of the Eligibility Policy, then, inaddition to any other rights of InterNetX existing under the Registry Registrar Agreement between InterNetX and any applicable Registrar orotherwise, InterNetX reserves the right to deny or cancel the registration, renewal, or transfer of any Registered Name, or to place any RegisteredName on registry lock, hold, or similar status, with respect to any such Registered Name that InterNetX, upon reasonable belief formed after reason-able investigation, deems to be registered to a Registrant that is not in compliance with the Eligibility Policy.
        
        .CLUB Domains: In the case of a .CLUB registration, the following conditions apply:
        
        You agree to the DotCLUB DOMAINS Registration and Anti-Abuse Policy, located at http://nic.club/Terms/
        
        .UNO Domains: In the case of a .UNO registration, the following conditions apply:
        
        You agree to the DotLatin LLC Registration and Anti-Abuse Policy, located at http://nic.uno/policy/Acceptable-Use-and-Anti-Abuse-Policy.pdf
        
        .BUZZ Domains: In the case of a .BUZZ registration, the following conditions apply:
        
        You agree to the Dot Strategy Co., Registration and Anti-Abuse Policy, located at http://get.buzz/about-us/terms-of-service-tos/
        
        .NYC Domains: In the case of a .NYC registration, the following conditions apply:
        
        You agree to the City of New York’s Registration and Anti-Abuse Policy, located at http://www.nic.nyc/policies/
        
        .JETZT Domains: In the case of a .JETZT registration, the following conditions apply:
        
        You agree to the New TLD Company’s Registration and Anti-Abuse Policy, located at http://www.newtldcompany.com/en/
        
        .MOE Domains: In the case of a .MOE registration, the following conditions apply:
        
        You agree to the Interlink Co. Registration and Anti-Abuse Policy, located at http://nic.moe/en/legal/
        
        .BUILD Domains: In the case of a .BUILD registration, the following conditions apply:
        
        You agree to the Plan Bee LLC. Acceptable Use and Anti-Abuse Policy, located at http://nic.build/#documents
        
        .LUXURY Domains: In the case of a .LUXURY registration, the following conditions apply:
        
        You agree to the Luxury Partners LLC. Acceptable Use and Anti-Abuse Policy, located at http://nic.luxury/#documents
        
        .MENU Domains: In the case of a .MENU registration, the following conditions apply:
        
        You agree to the Wedding TLD2 LLC, Acceptable Use and Anti-Abuse Policy, located at http://nic.menu/#documents
        
        .WIKI, .INK, .DESIGN Domains: In the case of a .WIKI, .INK, .DESIGN registration, the following conditions apply:
        
        You agree to the Top Level Design, LLC Acceptable Use and Anti-Abuse Policy, located at http://tldesign.co/policy/
        
        .XYZ, .COLLEGE, .RENT Domains: In the case of a .XYZ, .COLLEGE, .RENT registration, the following conditions apply:
        
        You agree to the xyz.com LLC, Acceptable Use and Anti-Abuse Policy, located at http://nic.xyz/xyzLaunchPolicies_v1.03.pdf
        
        .BAR, .REST Domains: In the case of a .BAR, .REST registration, the following conditions apply:
        
        You agree to the Punto 2012 S.A.P.I. de CV, Acceptable Use and Anti-Abuse Policy, located at http://www.register.bar/policies/
        
        .FANS Domains: In the case of a .FANS registration, the following conditions apply:
        
        You agree to the dotfans Terms and Conditions, located at http://dotfans.com/about-us/terms/
        
        .LOVE Domains: In the case of a .LOVE registration, the following conditions apply:
        
        You agree to the getdotlove Terms and Conditions, located at http://getdotlove.domains/wp-content/uploads/2015/05/Policies-dotlove-201504234.pdf/
        
        .HOST, .PRESS, .WEBSITE, .SPACE, .SITE, .TECH, .STORE Domains: In the case of a .HOST, .PRESS, .WEBSITE, .SPACE, .SITE, .TECH, .STORE registration, the following conditions apply:
        
        You agree to the Radix Acceptable Use and Anti-Abuse Policy, located at http://radixregistry.com/policies/our-experience.php
        
        .BID, .TRADE, .WEBCAM, .PARTY, .SCIENCE, .CRICKET, .REVIEW, .FAITH, .DATE, .MEN, .ACCOUNTANT, .DOWNLOAD, .LOAN, .RACING, .WIN, .STREAM Domains: In the case of a .BID, .TRADE, .WEBCAM, .PARTY, .SCIENCE, .CRICKET, .REVIEW, .FAITH, .DATE, .MEN, .ACCOUNTANT, .DOWNLOAD, .LOAN, .RACING, .WIN, .STREAM registration, the following conditions apply:
        
        You agree to the Famous Four Media Limited Use and Anti-Abuse Policy, located at:
        
        .BID: http://nic.bid/resources
        
        .TRADE: http://nic.trade/resources
        
        .WEBCAM: http://nic.webcam/resources
        
        .PARTY: http://nic.party/resources
        
        .SCIENCE: http://nic.science/resources
        
        .CRICKET: http://nic.cricket/resources
        
        .REVIEW: http://nic.review/resources
        
        .FAITH: http://nic.faith/resources
        
        .DATE: http://nic.date/resources
        
        .MEN: http://nic.date/resources
        
        .ACCOUNTANT: http://nic.accountant/resources
        
        .DOWNLOAD: http://nic.download/resources
        
        .LOAN: http://nic.loan/resources
        
        .RACING: http://nic.racing/resources
        
        .WIN: http://nic.win/resources
        
        .STREAM: http://nic.stream/resources
        
        .SOY, .HOW Domains: In the case of a .SOY, .HOW registration, the following conditions apply:
        
        You agree to the Google Inc, Charleston Road Registry Inc Policies located at http://www.googleregistry.co, http://www.google.com/registry/policies/domainabuse/, and https://www.google.com/registry/privacy.html
        
        .CYMRU, .WALES Domains: In the case of a .CYMRU, .WALES registration, the following conditions apply:
        
        You agree to the Nominet UK Policies located at http://ourhomeonline.wales/about-us/policy
        
        .PARIS Domains: In the case of a .PARIS registration, the following conditions apply:
        
        You agree to the City of Paris’ Policies located at http://bienvenue.paris/en/politique-de-registre-du-paris/
        
        .TIROL Domains: In the case of a .TIROL registration, the following conditions apply:
        
        You agree to the Tirol GmbH’s Policies located at http://www.nic.tirol/ueber-uns/policies/
        
        .PHYSIO Domains: In the case of a .PHYSIO registration, the following conditions apply:
        
        You agree to the ARI Registry Services Policies located at http://nic.physio/#documents
        
        .ONE Domains: In the case of a .ONE registration, the following conditions apply:
        
        You agree to One Registry’s Policies located at http://nic.one/policies/
        
        .ATTORNEY, .LAWYER, .DENTIST Domains: In the case of an .ATTORNEY, .LAWYER, .DENTIST registration, as a highly regulated TLD, the following conditions apply:
        
        You agree to the Rightside Inc. Acceptable Use and Anti-Abuse Policy, located at http://rightside.co/registry/for-registrars/#c290
        
        You acknowledge that TLDs offered by Rightside Inc. will have non-uniform renewal registration pricing, such that the fee for a domain name registration renewal may differ from other domain names in the same or other Rightside TLDs.
        
        You must comply with all applicable laws, including laws relating to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations;
        
        You must acknowledge and agree that any collection and use of sensitive health and financial data must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable laws.
        
        You must provide administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or industry self-regulatory, bodies in your main place of business.
        
        You must represent that you possesses any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with this highly regulated TLD.
        
        You must report any material changes to the validity of your authorizations, charters licenses and/or other related credentials for participation in the sector associated with this highly regulated TLD to ensure you continue to conform to the appropriate regulations and licensing requirements and generally conduct activities in the interests of the consumer served.
        
        You must email a copy of your valid, active authorization, charter, license, or other related credentials to rightside@opensrs.com, along with contact information for the licensing/governing body for your profession. Registrars may set up a forwarding email to receive these documents and must forward these emails to OpenSRS if they wish to use their own email domain/address.
        
        .ENGINEER, .MARKET, .MORTGAGE, .SOFTWARE, .VET, .GIVES, .DEGREE, .REHAB Domains: In the case of an .ENGINEER, .MARKET, .MORTGAGE, .SOFTWARE, .VET, .GIVES, .DEGREE, .REHAB registration, as a regulated TLD, the following conditions apply:
        
        You agree to the Rightside Inc. Acceptable Use and Anti-Abuse Policy, located at http://rightside.co/registry/for-registrars/#c290
        
        You acknowledge that TLDs offered by Rightside Inc. will have non-uniform renewal registration pricing, such that the fee for a domain name registration renewal may differ from other domain names in the same or other Rightside TLDs.
        
        You must comply with all applicable laws, including laws relating to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations;
        
        You must acknowledge and agree that any collection and use of sensitive health and financial data must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable laws.
        
        .ARMY, .NAVY, .AIRFORCE: In the case of an .ARMY, .NAVY, .AIRFORCE registration, as a regulated TLD, the following conditions apply:
        
        You agree to the Rightside Inc. Acceptable Use and Anti-Abuse Policy, located at http://rightside.co/registry/for-registrars/#c290
        
        You acknowledge that TLDs offered by Rightside Inc. will have non-uniform renewal registration pricing, such that the fee for a domain name registration renewal may differ from other domain names in the same or other Rightside TLDs.
        
        You must take steps to ensure against misrepresenting or falsely implying that you or your business is affiliated with, sponsored or endorsed by one or more country’s or government’s military forces if such affiliation, sponsorship or endorsement does not exist.
        
        .HIV Domains: In the case of a .HIV registration, the following conditions apply:
        
        You agree to the TLD dotHIV Registry GmbH Policies located at https://tld.hiv/en/c/policies
        
        .DURBAN, .JOBURG, .CAPETOWN Domains: In the case of a .DURBAN, .JOBURG, .CAPETOWN registration, the following conditions apply:
        
        You agree to the ZA Central Registry Policies located at https://www.registry.net.za/content.php?gen=1&contentid=143&title=Legal%20/%20Policies
        
        .DESI Domains: In the case of a .DESI registration, the following conditions apply:
        
        You agree to the Dot Desi, LLC Policies located at http://nic.desi/
        
        .HAMBURG Domains: In the case of a .HAMBURG registration, the following conditions apply:
        
        You agree to the Hamburg Top-Level-Domain GmbH Policies located at http://www.punkthamburg.de/richtlinien/
        
        .LONDON Domains: In the case of a .LONDON registration, the following conditions apply:
        
        You agree to the Dot London Domains Ltd Policies located at http://www.dotlondondomains.london/registry-policies/
        
        .MELBOURNE, .SYDNEY Domains: In the case of a .MELBOURNE, .SYDNEY registration, the following conditions apply:
        
        You agree to the ARI Registry Services Policies located at http://nic.melbourne/policies/, http://nic.sydney/policies/
        
        .SCOT Domains: In the case of a .SCOT registration, the following conditions apply:
        
        You agree to the Dot Scot Registry Policies located at http://dotscot.net/policies/
        
        .QUEBEC Domains: In the case of a .QUEBEC registration, the following conditions apply:
        
        You agree to the PointQuebec Policies located at http://registre.quebec/en/policy/
        
        .BZH Domains: In the case of a .BZH registration, the following conditions apply:
        
        You agree to the www.bzh Association Policies located at http://www.pik.bzh/images/documents/bzh_Politique_enregistrement.pdf
        
        .BRUSSELS, .VLAANDEREN Domains: In the case of a .BRUSSELS, .VLAANDEREN registration, the following conditions apply:
        
        You agree to DNS Belgium Policies located at http://dnsbelgium.be/en/domain-name/registering-domain-names
        
        .ISTANBUL and .IST Domains: In the case of a .ISTANBUL or .IST registration, the following conditions apply:
        
        You agree to the Istanbul Metropolitan Municipality Media Inc. Policies located at http://nic.ist/politikalar/mkk-politikalari
        
        .BARCELONA Domains: In the case of a .BARCELONA registration, the following conditions apply:
        
        You agree to the Foundation puntCAT policies located at http://fundacio.cat/ca/avis-legal
        
        .CEO, .BEST Domains: In the case of a .CEO, .BEST registration, the following conditions apply:
        
        You agree to PeopleBrowsr’s Policies located at http://aboutus.best/overview.html
        
        .NGO, .ONG Domains: In the case of a .NGO, .ONG registration, the following conditions apply:
        
        You agree to Public Interest Registry’s Policies located at http://pir.org/policies/ and http://globalngo.org/discover/eligibility/, and detailed below:
        
        Focused on acting in the public interest: Whether in support of education or health, the environment or human rights, members of the .ngo|.ong community work for the good of humankind and/or the preservation of the planet and do not promote discriminate or bigotry.
        
        Non-profit making/Non-profit focused entities: While many NGOs and ONGs engage in commercial activities or generate revenue in support of their missions, members of the .ngo|.ong community do not recognize profits or retain earnings.
        
        Limited government influence: Recognizing that many NGOs and ONGs have important interactions with government, not least for reasons of funding (which may include receipt of some government funding in support of their programs), members of the .ngo|.ong community decide their own policies, direct their own activities, and are independent of direct government or political control.
        
        Independent actors: Members of the .ngo|.ong community should not be political parties nor should be a part of any government. Participation in the work of a NGO or ONG is voluntary.
        
        Active organisations: Members of the .ngo|.ong community are actively pursuing their missions on a regular basis.
        
        Structured: Members of the .ngo|.ong community, whether large or small, operate in a structured manner (e.g. under bylaws, codes of conduct, organizational standards, or other government structures.)
        
        Lawful: Members of the .ngo|.ong community act with integrity within the bounds of law.
        
        To activate the new domains, NGO organisations will also need to complete a postregistration validation process:
        
        Registrant is required to submit information and documentation to PIR establishing that it meets the eligibility requirements of an NGO.
        
        Validation documentation may consist of one or more of the following:
        
        government lists
        
        corporate documents (e.g., Articles of Incorporation)
        
        tax records or other documents evidencing the entity’s charitable status and work in the community it serves
        
        Registrant is required to certify that the information and documentation it submitted in the validation process remains true, complete, and accurate at least once every two years after initial validation.
        
        If Registrant does not successfully complete the validation process within one year from the date it registers the domain name bundle, the domain name bundle will be deleted and released back into the pool of available domains and any fees paid in connection with the registration of the domain name bundle will be forfeit.
        
        Registrant acknowledges and understands that, in the event it is selected for an audit, it will promptly comply with any inquiries and requests from the Registry to provide additional evidence of its NGO status.
        
        If, as a result of the audit process, the Registry determines (in its sole discretion) that the Registrant does not meet the NGO eligibility requirements, the Registrant’s domain name bundle will be deleted and released back into the pool of available domains and any fees paid in connection with the Registrant’s domain name bundle will be forfeit.
        
        .VOTE, .VOTO Domains: In the case of a VOTE, .VOTO registration, the following conditions apply:
        
        You agree to Monolith Registry LLC’s Policies located at http://vote.afilias.info/vote_registration_policy
        
        .SKI, .ARCHI, .BIO Domains: In the case of a .SKI, .ARCHI, .BIO registration, the following conditions apply:
        
        You agree to Starting Dot Ltd’s Policies located at http://www.startingdot.com/our-top-level-domains/
        
        In the case of .ARCHI, the following additional conditions apply:
        
        You must be professionally and academically qualified as an architect as defined by the UIA Accord, or
        
        Be an architecture-related organization listed on a dedicated list defined by the APAC in collaboration with the UIA and the UIA Member Sections, and available on the Registry website.
        
        You agree to the additional .ARCHI conditions at http://www.startingdot.com/our-top-level-domains/archi-policies/
        
        In the case of .BIO, the following additional conditions apply:
        
        Registration is limited to those who are producers, transformers and retailers, or otherwise involved in the field of agriculture, food and farming.
        
        You agree to the additional .BIO conditions at http://www.startingdot.com/bio/policies/
        
        In the case of .SKI, the following additional conditions apply:
        
        You agree to the additional .SKI conditions at http://www.dot-ski.com/discover-ski/policy/
        
        .IRISH Domains: In the case of a .IRISH registration, the following conditions apply:
        
        You agree to the Dot Irish LLC policies located at http://nic.irish/about/#policies
        
        .AMSTERDAM Domains: In the case of a .AMSTERDAM registration, the following conditions apply:
        
        You agree to the dotAMSTERDAM BV Policies located at http://www.nic.amsterdam/
        
        .SUCKS Domains: In the case of a .SUCKS registration, the following conditions apply:
        
        You agree to the Vox Populi Registry Inc. Policies located at https://www.registry.sucks/abuse
        
        .COURSES Domains: In the case of a .COURSES registration, the following conditions apply:
        
        You agree to the ARI Policies located at http://www.nic.courses/#documents
        
        .STUDY Domains: In the case of a .STUDY registration, the following conditions apply:
        
        You agree to the ARI Policies located at http://www.nic.study/#documents
        
        .FILM Domains: In the case of a .FILM registration, the following conditions apply:
        
        You agree to the ARI Policies located at http://go.film/eligibility/ and http://go.film/policies/
        
        .EARTH Domains: In the case of a .EARTH registration, the following conditions apply:
        
        You agree to the Interlink Co., Ltd. Policies located at http://domain.earth/legal/
        
        .CLOUD Domains: In the case of a .CLOUD registration, the following conditions apply:
        
        You agree to the Aruba PEC S.p.A. a Socio Unico Policies located at https://nic.cloud/policies.aspx
        
        .TOP Domains: In the case of a .TOP registration, the following conditions apply:
        
        You agree to the .TOP domain name registry Policies located at http://www.nic.top/cn/policy.asp
        
        .FEEDBACK Domains: In the case of a .FEEDBACK registration, the following conditions apply:
        
        You agree to the Top Level Spectrum, LLC. Policies located at http://www.nic.feedback/registration-agreement/
        
        .TUBE Domains: In the case of a .TUBE registration, the following conditions apply:
        
        You agree to the Latin American Telecom LLC. Policies located at https://www.get.tube/terms
        
        .SHOP Domains: In the case of a .SHOP registration, the following conditions apply:
        
        You agree to the GMO Registry, Inc. Policies located at http://nic.shop/policies/abuse_policy.pdf
        
        .STORAGE Domains: In the case of a .STORAGE registration, the following conditions apply:
        
        You agree to the Self Storage Company, LLC Policies located at http://www.domains.storage/registry-policies/
        
        .BLOG Domains: In the case of a .BLOG registration, the following conditions apply:
        
        You agree to the Knock Knock Whois There Policies located at https://nic.blog/registry-policies-privacy/
      8. SUPPORT FOR DNSSEC
        
        We allow you to add DNSSEC on your domain upon request by relaying orders to add, remove or change public key material (e.g., DNSKEY or DS resource records) on your behalf to Registries operating under contract with ICANN that support DNSSEC.
        
        The following fees apply to DNSSEC relay services:
        
        Add DNSSEC key material: $500 per transaction.
        
        Change DNSSEC key material: $500 per transaction.
        
        Remove DNSSEC key material: $0 per transaction.
        
        The following fees apply incase manual support from our staff is necessary to relay DNSSEC key material.
      9. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
    3. Civil Subpoena Policy
      Peregrine Digital Media.’s (the “Company”) Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on the Company or one of its affiliates.
      If you seek the identity or account information of a the Company customer in connection with a civil legal matter, you must fax, mail, or serve the Company, INC. with a valid subpoena.
      Submission of Subpoenas
      The Company is located in Albuquerque, New Mexico and all civil subpoenas should be served at or mailed to:
      Peregrine Digital Media.
      Attn: General Counsel
      6100 Center Drive, Suite 1190
      Albuquerque, CA 90045
      Upon the receipt of a validly issued civil subpoena, the Company will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, the Company will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court.
      Fees for Subpoena Compliance
      The Company will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Company invoice. Checks should be made out to the Company, INC.
      The Company’s subpoena compliance costs are as follows:
      Research – $75.00/hour
      Federal Express – Cost as Billed
      Copies – $.50/page
      Compact Discs – $10.00/per CD
      Policies Regarding E-mail
      The Company will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. The Company’s e-mail servers do not retain deleted or sent e-mail. However, deleted e-mail may be recoverable from back-up servers for a limited time.
      The Company reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Company e-mail address is related to the pending litigation and the underlying subpoena.
      Anti-Spam Policy
      1. Peregrine Digital Media., (“the Company”) maintains a zero tolerance policy for use of its network in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail (“SPAM”). You may not use any our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network may not:
        
        Use or contain invalid or forged headers;
        
        Use or contain invalid or non-existent domain names;
        
        Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
        
        Use other means of deceptive addressing;
        
        Use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
        
        Contain false or misleading information in the subject line or otherwise contain false or misleading content;
        
        Fail to comply with additional technical standards described below;
        
        Otherwise violate the Company’s terms and conditions.
      2. The Company does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. the Company does not permit or authorize others to use its network to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses, which are the Company’s confidential and proprietary information. Use of our network is also subject to our Acceptable Use Policy, Policy Statement and Terms of Use and Notices.
      3. The Company does not permit or authorize any attempt to use its network in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party’s use and enjoyment of any the Company product or service.
      4. We monitor all traffic to and from our servers. Customers suspected of using the Company’s products and services for the purpose of sending SPAM will be investigated. It is the Company’s policy to immediately remove and deactivate any offending web site sending SPAM.
      5. Customers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. The Company may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
      6. Customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.
      7. Customers are prohibited from providing hosting services for websites that have been included in SPAM. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.
      8. If the Company believes that unauthorized or improper use is being made of any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. The Company may immediately terminate any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
      9. The Company reserves the right to suspend and/or cancel permanently any and all services provided to a User without any notification. If a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in the Company’s sole judgment, could disrupt the Company’s business operations, the Company reserves the right to charge such Customer an administrative fee equal to $10000 per each piece of SPAM sent.
      10. To report an incidence of SPAM, please send an email to abuse@Peregrine Digital Mediahosting.com.
      11. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network. Failure to enforce this policy in every instance does not amount to a waiver of the Company’s rights.
      12. Unauthorized use of the Company’s network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by state and federal laws.
    4. Domain Name Dispute Claims
      Please refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”) if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes. Please see http://www.icann.org/udrp/udrp.htm.
      Copyright Infringement Claims
      If you believe that material located on a site hosted by Peregrine Digital Media or linked to by a site hosted by Peregrine Digital Media violates your copyright, you are encouraged to notify Peregrine Digital Media in accordance with its Digital Millennium Copyright Act (“DMCA”) Policy. Peregrine Digital Media will respond to all such notices. The response by Peregrine Digital Media may include removing the infringing material or disabling all links to the infringing material if appropriate and required. Peregrine Digital Media will terminate a customer’s access to and use of the site if the customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of Peregrine Digital Media or others. In the case of such termination, Peregrine Digital Media will have no obligation to provide a refund of any amounts previously paid to Peregrine Digital Media.
      Unlimited Disk Space & Bandwidth
      While PDM does not meter disk space & bandwidth, the purpose of an PDM hosting account is to host web sites. Using a hosting account primarily for online file storage or archiving electronic files is prohibited.
      PDM Personal & Business Class hosting are shared hosting environments, so to ensure fast & reliable service to all of our clients, accounts that adversely affect server or network performance must correct these issues or will be asked to upgrade to a virtual or dedicated server.
      Free Domain Name
      Qualifying web hosting purchases may include a free domain registration or transfer for the first year of service. When your web hosting account renews, the applicable then-current pricing will be applied to your account (currently, domain registration is $14.99/year).
      If Subscriber registers any domain name as part of a “Free Domain Name” promotion in connection with the registration and cancels with eligibility for a refund, Subscriber’s refund will be reduced by the price of the domain of $11.99 per year and a $5.00 administrative fee. Subscriber will retain full ownership and control of any such domain names.
      Student Web Hosting
      Discounts for students, educators and school administration are available for new customers only. Any customer who purchases through our Education Program is eligible to renew their hosting for one additional term at the same price. After that, renewals will occur at the standard fee for that package. Domain names are not included with any Education Program package but may be purchased separately.
      Proof of enrollment or employment at an educational institution is required in order to purchase through Peregrine Digital Media Hosting’s Education Program. An educational institution is defined as a primary school, middle school, high school, junior college, college or university. For profit educational institutions and tutoring services are not included in this offer. A complimentary shared (Power package) web hosting account may be provided to teachers, professors or administrators on an as needed basis for evaluation. We reserve the right to revoke or cancel complimentary accounts at any time.
      Network Security
      Customers may not use PDM’s network as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy.
      Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mailbombing, or other deliberate attempts to overload or crash a host or network.Customers will be held liable for incorrect setting of netmasks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multicast traffic on our network, or denial of service, deliberate or not, caused by forging ARP queries or replies or by configuring IPs into their machine which were not assigned to their server. Any of these actions may result in disconnection of the server at fault from the network and/or correction of the fault at the customer’s risk and expense. Any loss of functionality caused by the attempted correction of the problem will be the customer’s responsibility to solve. If the malignity of the problem is deemed by Peregrine Digital Media Hosting to not warrant such drastic action, the customer will be contacted via the ticketing system to correct the problem himself. Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their Peregrine Digital Media Hosting servers being shut down.
      If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action.
      Activities that attract denial of service attacks are expressly prohibited. Customers involved in these activities will be terminated as soon as we are aware of them. These activities include, but are not limited to: selling shell accounts, and involvement with IRC of any kind. This prohibition is for the protection of our customer base as a whole; these kinds of services tend to attract attacks that have the potential to degrade service for all of our customers.
      PDM will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability. Peregrine Digital Media Hosting reserves the right to charge up to $500 per complaint to investigate.
      Mandatory Security Updates
      From time-to-time, we notify our clients of any exploit we deem potentially catastrophic. For an exploit to be considered catastrophic, it must be attacking widely deployed applications that are in use on a majority of servers. For example, but not limited to, software related to DNS, APACHE, and SENDMAIL.
      The security notification will be sent via our customer subscribed mailing list, with a subject line of “Mandatory Security Update”. It will provide a synopsis of the exploit, what is effected, and probable repercussions associated with failure to update. In addition, the email will provide a link for customers to download updated software or fixes, or patches, and directions on installing it. Customers are responsible for following the instructions in all ” Mandatory Security Update” within 24 hours from their release.
      To ensure the security of the clients’ servers and to maintain our network integrity, if 24 hours past notification the software at issue has not been updated or patched, Peregrine Digital Media Hosting reserves the right to apply all necessary updates, fix any other obvious security holes we may find, and bill the customer’s account at the applicable hourly support rate without further notice or customer approval.
      Server Interface
      The Peregrine Digital Media Hosting Web Interface and Control Panel are proprietary software, a single Perl script at /usr/local/sbin/interface. Although we do not protect the software with compilation nor with encryption, it is protected under copyright and trade secret laws and is not to be modified nor distributed in any fashion unless authorized in writing by Peregrine Digital Media Hosting. Under no circumstances will we allow changes to the Copyright notice and/or disclaimers on version 2 of the interface (revisions 1.110 and above), since the “Server Interface” Trade Name and logo are already protecting resellers from references to Peregrine Digital Media Hosting.
      Requests for modification, including translating into other languages, addition of links or advertising, changes to menus, or customer-specific options, must be sent to domains@peregrinedigitalmedia.com and are subject to an approval process by all departments. In general, the only changes approved are those of a general nature, representing an increase in functionality for all customers. Changes for a single customer which would cause more than one concurrent version of the software will not be considered.
      Changes which are approved will be done on a prioritized basis by Peregrine Digital Media Hosting technical staff. Expedited processing of a change order can be paid for by a customer, but the changes remain property of Peregrine Digital Media Hosting and may be given to other customers.
      Data Backup
      Peregrine Digital Media Hosting maintains, as a convenience to its clients, regular automated data backups on accounts equal to or less than 10 gigabytes in total size. This service is included only with Business Class or Virtual Private Server hosting accounts and is provided at no additional charge. Hosting accounts greater than 10 gigabytes in size will not be included in regular data backups; this service is, however, available for an additional service charge for accounts exceeding the 10 gigabyte size limit.
      While Peregrine Digital Media Hosting maintains the previously stated backups, this service is provided as a convenience only and Peregrine Digital Media Hosting assumes no liability as to the availability or completeness of client data backups. Each client is expected and encouraged to maintain backup copies of their own data. Peregrine Digital Media Hosting will provide, upon request, one (1) data restore per four (4) calendar months free of charge. Additional data restores may be provided but are subject to additional service fees.
      Upon Cancellation or Suspension for nonpayment, all data is purged from the server.
      Bandwidth Charges
      Higher levels of traffic will incur overcharges on a monthly basis. However, the rates for bandwidth usage are lower for PDM than for any other services we offer. PDM provides full access to web reports for network traffic monitoring and reporting. PDM also provides graphs that show customers’ monthly usage, which is the average rate, and reflects the amount of bandwidth transferred during the month. The bandwidth charges reflects the average monthly bandwidth in Kilobits per second (Kbps) and in Gb/month. These charges reflect our expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment.
      IP Policy
      ARIN (the American Registry for Internet Numbers) is becoming very stringent with IP addresses, and refuses to grant them without a strict accounting of use of existing IP’s; we must therefore require periodic updates of IP address use.
    5. Any IP numbers which remain unused after a 30-day period, according to our periodic ‘ping’ testing, will be subject to reassignment by Peregrine Digital Media Hosting. No prior notice will be given, but we will email you at your current contact address to inform you that we have taken back the IP numbers. You can of course request more when you are ready to use them. And, as stipulated elsewhere, any work incurred in reclaiming unused IP numbers which have been registered as nameservers will be billed at our current administrative services rates.
      While we will allocate our customers an “unlimited” number of IP addresses, our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.”
      Peregrine Digital Media Hosting may assign its customers IP (Internet Protocol) addresses on a temporary basis or for the life of the contract. Customer agrees that IP addresses are not portable, and acknowledges that IP addresses are the sole property of Peregrine Digital Media Hosting and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by Peregrine Digital Media Hosting to customer or users is expressively prohibited and will incur a penalty fee.
      This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any other service or incident fees prepaid by customer. At the conclusion of Customer’s contract, Customer is required to provide a copy of an Authorized domain registrar (i.e. Network Solutions) records, showing that Customer’s hostname servers no longer claim the use of our IP addressed we have provided to customer. This document must be delivered to Peregrine Digital Media Hosting within 10 days after the effective contract termination date.
      General Conduct
      Customers are prohibited from transmitting on or through any of PDM’s services, any material that is, in PDM’s sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
      PDM’s services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. PDM’s reserves the right to remove such illegal material from its servers.
      The customer is responsible for keeping his billing data with PDM up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
      The resale of PDM’s products and services is not permitted, unless specifically permitted and documented in a written agreement.
      Important IP Disclosure: Peregrine Digital Media Hosting may assign customer a reasonable amount of IP addresses (Internet Protocol) on a temporary basis or for the life of the contract. Client agrees that IP addresses are not portable and acknowledges that IP addresses are the sole property of Peregrine Digital Media Hosting and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by Peregrine Digital Media Hosting to customer or users is expressively prohibited and will incur a penalty fee. This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any other service or incident fees prepaid by customer.
      Facilitating a violation of this AUP: Software, services, programs, activities, and advertisements that promote, enable, or facilitate any activity that is prohibited within this document, including spam, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of this AUP.
      To insure the quality of service of our shared hosting clients, Peregrine Digital Media Hosting reserves the right to migrate high resource utilizing clients to servers which may, or may not, incorporate stated ‘business class hardware’.
      Payment
      The initial term of this Agreement shall be as set forth in the (the “Initial Term”). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew.
      ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE Peregrine Digital Media TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”.
      This Agreement may be terminated:
      1. by giving Peregrine Digital Media. thirty (30) days prior written notice,
      2. by Peregrine Digital Media. in the event of nonpayment by Customer,
      3. by Peregrine Digital Media., at any time, without notice, if, in Peregrine Digital Media.’s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of this Agreement and related agreements, AUP, or Customer’s use of the Services disrupts or, in Peregrine Digital Media.’s sole and absolute discretion and/or judgment, could disrupt, Peregrine Digital Media.’s business operations.
    6. Cancellation
      PDM reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by PDM to customer if PDM initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client’s breach of the Terms and conditions, then customer agrees that no refund is due. Customer understands that service(s) can be canceled at any time effective the end of the contract.
      Upon termination, either by Peregrine Digital Media Hosting or Customer, for any reason, Customer is responsible for deleting his/her host registrations from domain registrar(s) immediately. Customer further agrees to pay Peregrine Digital Media Hosting all reasonable administrative costs if Peregrine Digital Media Hosting must intervene in deregistering the hosts.
      Disclaimer
      1. PDM is not responsible for any damages your business may suffer.
      2. PDM does not make implied or written warranties for any of our services.
      3. PDM denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PDM.
      4. The Customer will not use its network nor space provided by PDM to violate any law. In the event Customer violates existing law, PDM shall have the right to terminate all service set forth in this Agreement. In the event PDM is informed by government authorities of inappropriate or illegal use of PDM facilities or other networks accessed through PDM, PDM may terminate customer’s service.
      5. PDM will cooperate fully with investigations of violation of systems or network security at other sites.
      6. PDM will cooperate with law enforcement authorities in the investigation of possible criminal violations.
      7. Customers who violate systems and/or network security, may incur in criminal or civil liability.
      8. PDM reserves the right to amend its policies at any time. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
      9. 6. You break it, you buy it
      10. If for any reason you or your vendors do something to damage the live site, causing errors, or otherwise make the site un-usable by the public and requiring the restoration of the site by PDM, a minimum $150 restoration fee applies and includes one hour of labor. Additional hours may be required to fulfill restoration and will be billed at $125 / hour.