This Agreement (the "Agreement") between NamesDirect.com Ltd. ("NamesDirect.com") and you (the "Applicant") contains the following terms and conditions:

The Applicant will pay the initial registration fee (as posted on www.namesdirect.com) to NamesDirect.com as soon as the domain name registration application has been submitted, and the credit card charges are approved through the appropriate channels.

By submitting a domain name registration application the Applicant agrees to be bound by this Agreement, the Registration Service Agreement as found here, the Uniform Dispute Resolution Policy as found here and all Terms and Conditions of any Partner Services utilized by the Applicant. It is the Applicant's responsibility to review the Terms and Conditions of NamesDirect.com's Partner Services before utilizing the services.

All fees paid to NamesDirect.com are non-refundable and non-transferable.

Once registered, the Applicant assumes all responsibility for any future obligations, trademark disputes, maintenance fees etc. required to maintain or to modify a domain name.

The Applicant warrants to NamesDirect.com that the details submitted by the Applicant to NamesDirect.com are true and correct, and that future additions or alterations to those details will be true and correct.

Chargeback Policy:

In the event of a disputed credit card charge resulting in a chargeback of the purchase of a domain name, NamesDirect.com reserves the right to suspend all service to the Applicant's domain until the domain is paid in full.

1. NamesDirect.com will not guarantee that the domain name being applied for will be registered for the applicant.

2. Only valid credit cards will be billed automatically by NamesDirect.com.

3. NamesDirect.com will only accept credit card form of payment to successfuly register domain names.

4. NamesDirect.com does not accept the responsibility for the use of any domain name for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts.

5. NamesDirect.com will attempt to avoid the registration of domain names that are potentially disputable, but will not be held responsible in the event that a dispute does arise. NamesDirect.com is entitled to reject an application which NamesDirect.com considers as being unsuitable or likely to be involved in a trade mark dispute.

Termination Policy:

Any misuse of NamesDirect.com resources that disrupts the normal use of the system is strictly prohibited. Such system abuse may lead to termination of the account without notice. Examples of such system abuse include, but are not limited to, consuming excessive amounts of disk storage or main memory or CPU for long periods of time, spawning many processes that consume resources, or the like. Any attempts to penetrate NamesDirect.com security will result in the termination of the Customer's account(s) without notice, as well as notification of appropriate law-enforcement and government agencies.

We reserve the right, in extreme circumstances, to revoke without refund any domain name services which, in our judgment, has been used for any unlawful purpose, including theft of e-mail service, or as a source of unsolicited bulk e-mail or as an address to use for replying to unsolicited bulk email. This policy also applies to Usenet Spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.). This will not apply to e-mail return addresses used without the owners knowledge or consent, however.

The Applicant agrees to use the services provided by NamesDirect.com only for lawful purposes. The Applicant will not use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by NamesDirect.com and will result in termination of the Customer's account(s) if an investigation determines that the customer has originated or is any way responsible for such violations:

1. Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 5) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic) using a NamesDirect.com hosted domain.

2. Sending unsolicited mass emails (ie. to more than 10 individuals, generally referred to as Spamming) which provokes complaints from the recipients.

3. Engaging in Spamming from any provider and using a NamesDirect.com hosted domain name as a response address.

4. Harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or NamesDirect.com.

5. Impersonating another user or otherwise falsifying ones user name for fraudulent purposes in email, Usenet postings, on IRC, or with any other Internet service.

6. Using a NamesDirect.com hosted domain to point to or otherwise direct traffic to any material that, in the sole opinion of NamesDirect.com, is associated with "email spamming", adult material, nudity, warez or links to warez material, in violation of copyright law, material legally judged to be threatening or obscene or any other use that in the sole opinion of NamesDirect.com, is considered a misuse of service.

NamesDirect.com reserves the right to reject any email to or passing through a NamesDirect.com hosted domain or any NamesDirect.com computer from any user, domain, provider, IP address/netblock, or company that engages in, permits, or allows itself to be used for Spamming as defined above.

When changing registrars or transferring ownership of a domain name, the Applicant will need to supply NamesDirect.com with the information requested in our Transfer Your Domains section.

A domain name can only be modified/transferred by one of the contacts listed under the registered domain name.

Disputes between Domain Name Holders and Third Parties:

NamesDirect.com neither acts as arbiter nor provides resolution of disputes between Applicants and third party complainants arising out of the registration or use of a domain name. In case of a dispute as to the rights to a particular domain name registration, NamesDirect.com shall have no role or responsibility other than to provide the contact information to both parties. In the event of dispute of ownership or control of a domain, Applicant agrees to be bound by the terms and conditions of the Uniform Dispute Resolution Policy. This policy does not limit the administrative or legal procedures NamesDirect.com may use when third-party conflicts arise. NamesDirect.com shall have the right to revoke, suspend, transfer or otherwise modify a domain name registration at such time as NamesDirect.com receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration.

Disclaimer:

NamesDirect.com at its sole discretion, may change the terms, conditions and operation of this Web site (the "Site") at anytime.

By using this service the user agrees to the terms of this disclaimer and further waives any rights or claims it may have against NamesDirect.com.

The content available through the Site is the sole property of NamesDirect.com or its advertisers, suppliers or licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, NamesDirect.com-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by NamesDirect.com advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without NamesDirect.com's express prior written consent. NamesDirect.com's services are not to be resold without prior written permission.

The Applicant hereby agrees to defend, indemnify and hold harmless

(i) NamesDirect.com, its officers, directors, employees and agents;

(ii) the Internet Corporation for Assigned Names and Numbers ("ICANN"), its officers, directors, employees and agents;

(iii) Network Solutions Inc., ("NSI") and its directors, officers, employees and agents acting in such role, or such other entity as may come to act as registry,(collectively, the "Indemnified Parties"), for any claims, action, demand, liabilities, losses, costs, expenses or damages awarded by a court of competent jurisdiction, including reasonable legal fees and expenses, arising out of, resulting from or related to the registration or use of a domain name. Such claims shall include, without limitation, those based upon trademark or service mark infringement, tradename infringement, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. Each Indemnified Party shall send written notice to the Applicant of any such claim, action, or demand against that party within a reasonable time. The failure of any Indemnified Party to give the appropriate notice shall not affect the rights of other Indemnified Parties. NamesDirect.com recognizes that certain educational and governmental entities may not be able to provide complete indemnification.

If the Applicant is

(i) a governmental or non-profit educational entity, and

(ii) not permitted by law or under its organizational documents to provide indemnification, the Applicant must notify NamesDirect.com in writing and, upon receiving appropriate proof of such restriction, NamesDirect.com may provide an alternative provision for such a Applicant.

WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE NAMESDIRECT.COM WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION RESIDING ON ANY NAMESDIRECT.COM COMPUTER, OR COMPUTER SYSTEM ACCESSED THROUGH NAMESDIRECT.COM. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

WITHOUT LIMITING THE FOREGOING, NAMESDIRECT.COM SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR DAMAGES OF ANY KIND, OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, OR ANY LOSS OF OR USE OF CUSTOMERS DOMAIN NAME, OR INTERRUPTION OF BUSINESS, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.

YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE NAMESDIRECT.COM WEB SITE AND THAT NAMESDIRECT.COM MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS NAMESDIRECT.COM MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL NAMESDIRECT.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST NAMESDIRECT.COM WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NamesDirect.com reserves the right to interrupt service periodically, and without notice, for maintenance. NamesDirect.com will do its utmost to provide service 24 hours a day, 7 days a week.

Customers acknowledge and agree that this Policy may change from time to time and that, upon thirty (30) days posting on the NamesDirect.com website, NamesDirect.com may modify or amend this Policy and that such changes are binding upon the Customer. If you do not agree with these terms, conditions, and policies please contact customer support to terminate your account.

Failure to comply with this Policy may result in termination of your account(s) with no refunds offered.