Domain Name Registration Agreement

GENERAL PROVISIONS

This Domain Name Registration Agreement ("Agreement") sets forth the terms and conditions under which Hostway Services, Inc. ("Hostway") provides its services as a Registrar. The terms "you" and "your" refer to both the Registrant and the Applicant (as defined below). Provision of Hostway's services is subject at all times to this Agreement. The attached Exhibits and Schedules are included as integral parts of this Agreement, as applicable.

1. DEFINITIONS

(a) Affiliate

means any legal entity that owns, is owned by, or is under common ownership with a Party with ownership greater than 25% of the shares, interests or assets of such legal entity or Party, as applicable.

(b) Applicant

means the person who submits a Registration Order on behalf of the Registrant.

(c) DNR Services

mean the domain name registrations and related services that Hostway provides to you under this Agreement.

(d) Domain

means a string of alphabetical and/or alphanumeric characters followed by a suffix indicating the applicable domain name extension, which is used as an Internet address to identify a computer on the Internet.

(e) ICANN

means the Internet Corporation for Assigned Names and Numbers.

(f) Registrant

means the person (individual or corporate entity) that is recorded in the Whois as the owner of the particular Domain.

(g) Registrar

means an ICANN-accredited Domain registrar.

(h) Registration

means the registration or pre-registration of your Domain with the applicable Registry.

(i) Whois

means the directory service or database over the Internet used for searching information related to a particular Domain that is required by ICANN to be compiled upon registration of a Domain.

2. THIS AGREEMENT

2.1 Agreements. By submitting a Registration Order, you are acknowledging that you have read, understood, and agreed to all the terms and conditions of this Agreement, including any other agreement or policy that may be published by Hostway from time to time (whether referenced in this Agreement or not).

2.2 Amendments. You agree that the industry and practice of registering and administering Domains, and providing related services, is constantly evolving and, as a result, Hostway may need to amend this Agreement. It is your responsibility to frequently visit Hostway's Web site for updates to this Agreement.

2.3 Binding Agreement. This Agreement becomes binding on you from the time the Registration Order is submitted to Hostway. This Agreement becomes binding on Hostway from the time Hostway registers the Domain and sends you confirmation of such registration.

3. DOMAIN REGISTRATION

3.1 Effective Registration. You agree that Domain registrations are not effective until Hostway delivers your Registration Order information to the applicable Registry and such Registry puts your Registration into effect.

3.2 Ownership of Domain. YOU AGREE THAT THE REGISTRANT SHALL HAVE SOLE LEGAL OWNERSHIP OF THE DOMAIN. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT THE CORRECT REGISTRANT INFORMATION IS RECORDED.

3.3 Compliance with Applicable Laws. You are solely responsible for ensuring that your Domain will at all times abide by all applicable laws including those that relate to privacy, data collection, consumer protection, and disclosure of data.

3.4 Renewals. WHILE HOSTWAY MAY SEND OUT RENEWAL NOTICES AS A COURTESY, YOU ARE SOLELY RESPONSIBLE FOR TIMELY RENEWALS. IF YOU FAIL TO EXECUTE A RENEWAL BEFORE THE REGISTRATION EXPIRES, YOU SHALL BE FORFEITING YOUR RIGHTS IN THE DOMAIN.

4. REGISTRATION INFORMATION

4.1 Required Information. As part of your Registration process, you must provide:

• The full legal name, mailing address, e-mail address, and phone number of the Registrant
• Contact information for administrative, technical, and billing contacts
• IP addresses and names of nameservers
• Any other information required by the Registry

4.2 Accuracy. The Registrant Information you provide must be true, complete, and correct at all times. You shall promptly update the information in the Whois.

4.3 Disclosure. You agree to Hostway making your Registrant Information available to ICANN, the applicable Registry, and third parties as required or permitted by ICANN and applicable laws.

5. FEES & PAYMENT

5.1 Payment Obligation. You are responsible for paying all fees associated with the DNR Services. Payments are always to be in advance.

5.2 Non-Refundable. You agree that all fees for DNR Services are non-refundable, in whole or in part, even if your Registration is suspended, terminated, or transferred prior to the end of your Registration term.

6. INDEMNITY

You agree to protect, defend, hold harmless, and indemnify Hostway, ICANN, the applicable Registry, and their respective directors, officers, employees and agents from and against any and all liabilities, losses, costs, and expenses arising out of or relating to your domain name registration and use.

7. DISCLAIMER

Hostway makes no warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, or validity of the DNR Services. Hostway provides all DNR Services "as is" and specifically disclaims all warranties of merchantability and fitness for a particular purpose.

8. LIMITATION OF LIABILITY

Under no circumstances shall Hostway be liable to you or to any third party for any consequential, indirect, special, incidental, or punitive damages arising out of or relating to this Agreement or the DNR Services.

9. REPRESENTATIONS & WARRANTIES

You represent, warrant, and agree that:

• Your use of the Domain shall not infringe any third party rights
• Your use shall not violate any applicable laws
• All information provided is true, current, and accurate

10. MISCELLANEOUS

10.1 Governing Law. This Agreement shall be governed by the laws of the state of Illinois, USA, without giving effect to any rule of conflicts of law.

10.2 Assignment. You may not assign or otherwise transfer your rights or obligations under this Agreement without the prior written consent of Hostway.

EXHIBIT '1' - UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY

Any dispute regarding the right to use your Domain shall be subject to the Uniform Domain Name Dispute Resolution Policy ("UDRP") set forth by ICANN (available at http://www.icann.org/en/dndr/udrp/policy.htm).

1. PURPOSE

This UDRP has been adopted by ICANN, and sets forth the terms and conditions in connection with any dispute between you and any party other than Hostway over the Registration and use of a Domain registered by you.

2. YOUR REPRESENTATIONS

By applying to register a Domain, you hereby represent and warrant that:

• The statements in your Registration Order are complete, current, and accurate
• To your knowledge, the Registration shall not infringe upon or violate the rights of any third party
• You are not registering the Domain for an unlawful purpose
• You shall not knowingly use the Domain in violation of any applicable law or regulation

3. MANDATORY ADMINISTRATIVE PROCEEDING

You are required to submit to a mandatory administrative proceeding in the event that a third party asserts that:

• Your Domain is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
• You have no rights or legitimate interests in respect of the Domain; and
• Your Domain has been registered and is being used in bad faith

4. EVIDENCE OF BAD FAITH

The following circumstances shall be evidence of registration and use in bad faith:

• Registration primarily for the purpose of selling the Domain to the trademark owner for valuable consideration
• Registration to prevent the trademark owner from reflecting the mark in a corresponding Domain
• Registration primarily for the purpose of disrupting the business of a competitor
• Intentionally attempting to attract users for commercial gain by creating confusion with the complainant's mark

5. REMEDIES

The remedies available pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your Domain or the transfer of your Registration to the complainant.

EXHIBIT '2' - CHARTER ELIGIBILITY DISPUTE RESOLUTION POLICY

This Charter Eligibility Dispute Resolution Policy sets forth the terms and conditions in connection with disputes over domain name registrations in Sponsored TLDs.

1. PURPOSE

This Policy sets forth the terms in connection with disputes over the registration and use of an Internet domain name registered in a Sponsored TLD.

2. YOUR REPRESENTATIONS

By applying to register a domain name within a Sponsored TLD, you represent and warrant that the registration conforms to the eligibility requirements set forth in the Sponsored TLD Charter.

3. APPLICABLE DISPUTES

You are required to submit to a mandatory administrative proceeding if a third party asserts that your Registered Name does not meet the Eligibility Requirements.

SCHEDULE 'A' - PROVISIONS SPECIFIC TO CERTAIN TLDs

Hostway provides registrations of certain TLDs through a designated third party registrar. If you register one of these TLDs, the Designated Registrar will be the Registrar of record for your domain and you agree that your Registration will also be governed by the registration agreement of the Designated Registrar.

The TLDs covered by this Schedule include: ".CA", ".CN", "CO.UK", ".DE", ".EU", ".IN", ".US", and others.

DomainPeople, Inc. is the Designated Registrar for many of these domains. The operative version of DomainPeople's registration agreement is available at http://www.domainpeople.com/legal/registration-agreement.pdf.

Additional terms and conditions imposed by specific Registries apply to individual TLDs. Please refer to the complete agreement for details on specific TLD requirements.

CONTACT INFORMATION

For questions regarding this Agreement, please contact:

Hostway Services, Inc.
650 Pencader Drive
Newark, Delaware 19702
USA