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REGISTRATION AGREEMENT (updated August 14, 2006)

This Registration Agreement (“Agreement”) sets forth the terms and conditions of use by the domain name registration Applicant and the Registrant (jointly and severally referred to as “you”) of AAAQ’s Internet domain name registration services (the “Services) and your registration of that domain name (the “Registration”).

By submitting a domain name (“Domain”) to AAAQ for Registration, you are acknowledging that you have read, understood, and agreed to all the terms and conditions of this Agreement, any agreement referencing this Agreement, the incorporated Uniform Domain Name Dispute Resolution Policy (the “Dispute Policy”), and any other rules or policies that are or may be published by AAAQ from time to time. The operative and effective version of this Agreement will be the latest version available at http://www.aaaq.com/registration.htm.

By submitting a Domain to AAAQ for Registration, you are also warranting that you have the authority and legal capacity to enter into this Agreement.

Except when expressly agreed to the contrary in writing by AAAQ, this Agreement, in addition to any other specific agreement between you and AAAQ, supersedes any other written (including, without limitation, digitized/computerized) agreement, oral agreement, or agreement by conduct.

Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires.

This Agreement will become effective upon the submission of your Registration. AAAQ, at its sole discretion, may accept or reject your Registration application (“Application”), such rejection including, without limitation, rejection due to a request for Registration of a prohibited Domain.

1. COMPANY ABSTRACT, REGISTRATION, AND DISPUTE

a. Accreditation. AAAQ is an accredited registrar with the Internet Corporation for Assigned Names and Numbers (“ICANN”) for the “.COM”, “.NET”, “.ORG”, “.NAME”, “.BIZ”, “.INFO”, and “.US” Top-Level Domains (“TLDs”), and other future TLDs. As such, AAAQ has been granted full rights to provide the Services for Second-Level Domains within these TLDs. ICANN oversees the Domain system management for such present and future TLDs. Upon accepting your Application, AAAQ becomes your sponsor for that Application.

b. Time Registration Effective. All Registrations that AAAQ registers for the applicable TLDs are not effective until AAAQ has delivered (when applicable) the required Registration information that you provide AAAQ to the registry administrator (the “Registry”) for the applicable TLDs and such Registry puts your Registration into effect.

c. No Responsibility for Registry’s Actions. You agree that AAAQ is not liable or responsible in any way for any errors, omissions, or any actions by the Registry arising out of or related to your Application and receipt of, or failure to receive, a Registration.

d. Domain Disputes. You agree that, if your use of AAAQ’s Services is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy. If AAAQ is notified that a complaint has been filed with a judicial or administrative body regarding your Domain and/or your use of AAAQ’s Services, you agree not to make any changes to your Domain record without AAAQ’s prior written approval. AAAQ may, at its sole discretion, not allow you to make changes to such Domain record until (i) AAAQ is directed to do so by the judicial or administrative body, or (ii) AAAQ receives notification by you and the other party contesting your Domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your Registration and use of AAAQ’s Services, DomainPeole may deposit control of your Domain record into the registry of the judicial body by supplying a party with a registrar certificate from us.

e. Indemnification. You further agree to indemnify, defend, and hold harmless AAAQ, the Registry, their respective parent companies and subsidiaries, and all of their respective executives, directors, officers, attorneys, managers, employees, consultants, contractors, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including, without limitation, legal costs) arising out of or related to your Registration. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.

2. Fees

a. Your Obligation. You, or the reseller (“Reseller”) on your behalf, will be responsible for paying all fees associated with the Services provided by AAAQ. When redemption fee ($100.00) and renewal fees are due, it will be your sole responsibility to ensure that such fees are paid on time to AAAQ.

b. Payment & Deadline. You must make payments by credit card or such other method as AAAQ may authorize or indicate in the Registration renewal form (“Renewal Form”). Should you fail to pay the fees by the due date specified, AAAQ has the right to cancel your Registration at AAAQ’s sole discretion. You agree that AAAQ will have no liability whatsoever with respect to any such cancellation. All fees, including, without limitation, Pre-Registration fees, are non-refundable, in whole or in part, even if your Registration is suspended, cancelled, or transferred prior to the end of your then current Registration term. All Pre-Registration fees are non-refundable. AAAQ reserves the right to change fees, surcharges, and renewal fees, and to institute new fees at any time, for any reason, at AAAQ’s sole discretion.

c. Actual Payment Required. Your requested Domain will not be registered, or pre-registered, unless AAAQ receives actual payment for the Registration or Pre-Registration fee, or at least reasonable assurance of payment of the Registration or Pre-Registration fee from some other entity (such reasonable assurance will be determined at AAAQ’s sole discretion). For Pre-Registration Services, Registration will not be granted to you if payment is not received.

d. Credit Card Charge Back. In the event of a charge back by a credit card company (or similar action by another payment provider approved by AAAQ), in connection with the payment of your Registration fee, you agree that the Registration will be transferred to AAAQ as the paying entity for that Registration to the Registry. You also agree that AAAQ reserves all rights regarding such Domains including, without limitation, the right to make the Domains available to other parties for purchase. AAAQ may reinstate your Registration at AAAQ’s sole discretion and, subject to AAAQ’s receipt of the initial Registration or renewal fee and AAAQ’s then current reinstatement fee.

e. Outstanding Fees/Charges. You are responsible for the full and prompt payment of any outstanding fees and/or charges, notwithstanding the termination or expiry of this Agreement for any reason.

3. DOMAIN OWNERSHIP

You understand and acknowledge that the Registrant, whose name is on record, will have sole legal ownership of the Domain. It is your sole responsibility, and not that of AAAQ’s in any way, to ensure that the proper Registrant name is recorded.

4. CHANGES TO THE AGREEMENT

You acknowledge that the practice of registering and administering Domains is constantly evolving; therefore, you agree that AAAQ may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with AAAQ’s agreement with ICANN, or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of the Domain registered to you will constitute your acceptance of this Agreement with any new change. If you do not agree to any such change, you may request that your Registration be cancelled or transferred to a different Domain registrar. You agree that such cancellation or request for 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.

5. REGISTRATION INFORMATION, USE, & LIMITATIONS

a. Required Information. As part of the Registration process, you must provide certain information. You must promptly update the information you provide, as is needed to keep it true, correct, accurate, current, and complete. You must provide the following information when registering your Domain:

  1. The legal name and postal address of the Registrant (the Domain owner/holder);
  2. The Domain being registered;
  3. The full legal name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts for the Domain;
  4. The IP addresses of the primary nameserver and any secondary nameserver for the Domain;
  5. The corresponding names of those nameservers;
  6. Any remark concerning the Domain that should appear in the Whois directory;
  7. Any other data that any Registry may require to be submitted to it, including specifically information regarding the primary purpose for which a Domain is registered.

b. Additional Information About Your Registration. In addition to the information you are required to provide, AAAQ maintains records related to your Registration. These records may include, at AAAQ’s sole discretion, without limitation:

  1. The original creation date of the Registration;
  2. The submission date and time of the Application (to AAAQ and by AAAQ to the proper Registry);
  3. Communications (electronic or paper form) constituting Registration orders, modifications, or terminations, and related correspondence between you and AAAQ;
  4. Records of account for your Registration, including, without limitation, dates and amounts of all payments and refunds;
  5. The expiration date of the Registration;
  6. Any other information regarding any and all other activities between you and AAAQ regarding your Registration and related Services.

c. Information About Third Parties. If you provide information about a third party, you hereby represent that you will have (i) provided prior written notice to the third party of the disclosure and use of that party’s information, and (ii) obtained the third party’s express prior written consent to the disclosure and use of that party’s information.

d. Failure to Provide Proper Information. You acknowledge that if you provide any inaccurate information, or fail to update information promptly, you will be in material breach of this Agreement, which will be sufficient cause for cancellation of your Registration. You further agree that your failure to respond to inquiries made by AAAQ to the e-mail address of your administrative, billing, or technical contact then appearing in the Whois directory concerning the accuracy of any information related to your Registration will constitute a material breach of this Agreement, which will be sufficient cause for immediate cancellation of your Registration.

e. Enforcement of Accurate Whois Data. AAAQ reserves the right to accept written complaints from third parties regarding false and/or inaccurate Whois data of Registrants and follow any other procedures set forth in any agreement AAAQ has with a particular Registry.

f. Disclosure & Use of Registration Information. You agree that AAAQ will make your Registration information available to ICANN and the Registry, and their respective designees and agents, and to any other third party as ICANN and applicable laws may require or permit. You further agree and acknowledge that AAAQ may make publicly available, or directly available to third party vendors, some or all of your Registration information for purposes of inspection (such as through our WHOIS Service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws.

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

h. ICANN Guidelines & Requirements. You agree that ICANN may establish guidelines, limits, and/or requirements that relate to the amount and type of information that AAAQ may or must make available to the public or to private entities, and the manner in which such information is made available. You also agree and consent to any and all such disclosures, uses, guidelines, limits, and restrictions related to your Registration information (including, without limitation, any and all updates to such information), whether during or after the term of your Registration. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your Registration information by AAAQ.

6. DOMAIN REGISTRAR TRANSFERS

a. Fees. Before any registrar transfer Service provided to you by AAAQ becomes effective, you or the reseller on your behalf, must pay AAAQ the then current registrar transfer fee for the registrar transfer Service for your Domain.

b. Request to Transfer Registration. Only the Registrant of the Registration and Domain, the authoritative holder, may initiate a request to transfer the Registration from a particular registrar to AAAQ or from AAAQ to another registrar. Therefore, you hereby represent that you have the full and complete authority as the holder of the Registration and Domain to initiate any transfer, or as a contact listed on the current Registration, that you have been given full and complete authority by the Registrant to initiate the transfer. AAAQ, at its sole discretion, may require you to provide documentation that proves that the Registrant initiated and/or authorized the transfer request.

c. Right to Refuse Transfer. AAAQ reserves the right to deny any request to transfer a Registration (i) during the first sixty (60) days after the initial Registration with the original registrar; (ii) in accordance with the circumstances described in this Agreement under the Dispute Policy; (iii) if/when there is a pending bankruptcy of the Registrant; (iv) if/when there is a dispute over the identity of the Registrant; (v) by operation of law; or (vi) at the discretion of the then current registrar. It is the sole responsibility of the Registrant, and not AAAQ, to ensure that the request to transfer will not be denied for any of the above reasons prior to initiating and paying for the registrar transfer Services. Fees are not refundable, but may be applied to subsequent transfer requests at AAAQ’s sole discretion.

d. Credit Card Charge Back. In the event of a charge back by a credit card company (or similar action by another payment provider approved by AAAQ), in connection with the payment of your Registration fee, you agree that the Registration will be transferred to AAAQ as the paying entity for that Registration to the Registry. You also agree that AAAQ reserves all rights regarding such Domains including, without limitation, the right to make the Domains available to other parties for purchase. AAAQ may reinstate your Registration at AAAQ’s sole discretion and subject to AAAQ’s receipt of the initial Registration or renewal fee and AAAQ’s then current reinstatement fee.

e. Successful Completion of Registrar Transfer Request. Upon successful completion of a registrar transfer request, AAAQ will immediately become the registrar of record. As such, you will be bound by this Agreement. You must extend your existing Registration term for one (1) year from the date your existing Registration is set to expire, provided that the total unexpired term of the Registration does not exceed ten (10) years.


f. Domain Lock. AAAQ makes available to Resellers a domain locking service to address issues of Domain security (“Domain Lock”). A Reseller may lock Domains that it registers through AAAQ at Reseller’s discretion. Domain Lock helps to prevent Domains you have registered from being unintentionally transferred to another Registrar. A Reseller that registers your Domain through AAAQ will provide you with a method to lock or unlock Domains if they provide the Domain Lock service to you. The Domain Lock service will not affect the functionality or resolution of your Domain on the Internet.

7. OWNERSHIP OF DATA

You agree and acknowledge that AAAQ owns all databases, compilations, collective and similar rights, titles, and interests worldwide in AAAQ’s Domain database (the “Domain Database”), and all information and derivative works generated from the Domain Database. You further agree and acknowledge that AAAQ owns the following information for those Registrations for which AAAQ is the registrar: (i) the original creation date of the Registration; (ii) the submission date and time of the Application (to AAAQ and by AAAQ to the proper Registry); (iii) communications (electronic or paper form) constituting Registration orders, modifications, or terminations, and related correspondence between you and AAAQ; (iv) records of account for your Registration, including, without limitation, dates and amounts of all payments and refunds; (v) the expiration date of the Registration; (vi) the name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative contact, technical contact, and billing contact, and the name holder, for the Registration; (vii) any remark concerning the registered Domain that appears or should appear in the WHOIS or similar database; and (viii) any other information or data that AAAQ generates or obtains in connection with the provision of the Services.

8. AGENTS AND LICENSES

a. Warranty of Authority. If you are registering a Domain for someone else, you warrant and agree that you have the authority to bind that person as a principal to all the terms and conditions provided herein.

b. License to Third Party. If you license the use of the Domain registered to you to a third party, you warrant and agree that you nonetheless remain the Registrant (the Domain holder of record), and remain responsible for any and all obligations under this Agreement, including, without limitation, payment and providing (and updating, as necessary) your full, current, accurate, and complete contact information and administrative, technical, and billing contact information, adequate to facilitate timely resolution of any problem that may arise in connection with the Domain and Registration.

9. USE OF FREE SERVICES

In consideration for providing additional optional Services for which AAAQ does not charge an additional fee (“Free Services”), including, but not limited to, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other Free Services which AAAQ may introduce from time to time, you agree that, if you use such Free Services, AAAQ may display advertising in conjunction therewith through the use of links, pop-up or pop-under browser windows, banner advertisements, audio or video steams, appendices to emails, or other similar advertising means, and that AAAQ may aggregate related usage data by means of cookies and other similar means (collectively “Free Services Advertising”). You agree that the Free Services Advertising may apply to, but is not limited to, AAAQ's Web site, Services and other AAAQ product and service offerings, third-party Web sites, third-party product and service offerings, and/or commercial search engines. You agree that AAAQ may change the content and/or appearance of, or disable, Free Services Advertising at any time, in its sole discretion, and without prior notice. You agree that from time to time AAAQ may provide you with free or low-cost Domain(s) and related Services ("Promotional Name(s)"). If AAAQ does so, the Services for the Promotional Name(s) will be placed in the same account as your other Domain(s) and you will be listed as the Registrant, though AAAQ may point the Promotional Name to IP address(es)of our choosing. If you want to assume control over the Services provided to the Promotional Name, including the right to transfer or push the Promotional Name Services to other Registrars or other accounts or the ability to control the DNS settings for the Promotional Name(s), you must pay the promotional Registration Fee or Renewal Fee, if any, and agree to the terms of this Agreement with respect to such Promotional Name(s). If you do not want the Promotional Name Services, you may request that you be removed as the Registrant of such Promotional Names and AAAQ or a third party designated by us will be listed as the Registrant.

10. EXPIRATION OF DOMAIN NAME REGISTRATION

After expiration of the Term of a Domain and related Services, and before deletion of the Domain in the applicable Registry's database, you acknowledge that AAAQ may direct the Domain to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) that host parking pages or commercial search engines that may display advertisements, and you acknowledge that AAAQ may either leave your WHOIS information intact or that AAAQ may change the contact information in the WHOIS output for the expired Domain so that you are no longer the listed Registrant of the expired Domain.

After expiration of the Term of Domain and related Services, you acknowledge that certain Registry Administrators may provide procedures or grace periods during which time the expired Domains may be renewed. You acknowledge that you assume all risks and all consequences if you wait until close to or after the end of Domain Registration Term to attempt to renew the Registration. You acknowledge that AAAQ, for any reason and in its sole discretion, may choose not to participate in a post-expiration renewal of a Domain and that AAAQ shall not be liable therefore. You acknowledge that post-expiration renewal or redemption processes, if any, involve additional fees which AAAQ and your Primary Service Provider may determine. You acknowledge and agree that expired Domain(s) may be made available to be registered or re-registered to any party at any time.

You agree that after expiration of the Term of a Registration AAAQ may, for a period of thirty (30) days (the "Expiry Period"), either i) remove the Domain from the zone of the top-level-domain (meaning that the Domain will no longer resolve), or ii) direct the Domain to name-servers and IP address(es) of website(s) designated by us, including, without limitation, to IP address(es) that host a parking page or a commercial search engine that may display advertisements. IF AAAQ EXERCISES ITS RIGHTS UNDER THIS PROVISION, AND IF YOU DO NOT CONTACT AAAQ TO PAY FOR AND RENEW THE DOMAIN PRIOR TO THE END OF THE EXPIRY PERIOD, YOU AGREE THAT YOU HAVE ABANDONED THE DOMAIN AND THAT YOU HAVE RELINQUISHED ANY AND ALL RIGHTS THAT YOU MAY HAVE HAD TO THE DOMAIN TO AAAQ OTHER THAN THE RIGHTS THAT AAAQ PROVIDES TO YOU IN THIS AGREEMENT.

After the Expiry Period, you agree that AAAQ may either (i) delete the Domain at any time thereafter or (ii) pay the Registry's Registration fee or otherwise allow it to continue to be registered and that AAAQ may list itself or a third party as the Registrant of the Domain in the WHOIS information and point the Domain to the name-server(s) and IP address(es) designated by AAAQ or, (iii) put the Domain up for auction or otherwise sell the Domain, in which case you relinquish all rights and control over the Domain and related Services. If AAAQ is named as the Registrant for the Domain after the Expiry Period, the ability to redeem the Domain will be available to you for a period of thirty (30) days (the "Registrar Redemption Period") for a redemption fee equaling that charged for Domains that have been deleted and available for redemption at the Registry. You agree that this service is functionally equivalent to ICANN's or a Registry's redemption grace period, which may normally occur after deletion. AFTER THE REGISTRAR REDEMPTION PERIOD YOU AGREE THAT YOU HAVE ABANDONED THE DOMAIN AND YOU HAVE RELINQUISHED ANY AND ALL RIGHTS THAT YOU MAY HAVE HAD TO THE DOMAIN TO AAAQ.

11. LIMITATION OF LIABILITY

YOU AGREE THAT AAAQ (FOR THE PURPOSES OF THIS SECTION, AAAQ INCLUDES, WITHOUT LIMITATION, AAAQ’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, REGISTRIES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING AAAQ’S SERVICES) WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS THAT MAY OCCUR DUE TO ANY (A) LOSS OF REGISTRATION OF A DOMAIN; (B) USE OF YOUR DOMAIN; (C) ACCESS DELAY OR ACCESS INTERRUPTION TO AAAQ’S REGISTRATION SYSTEM; (D) NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND AAAQ AND/OR BETWEEN AAAQ AND THE REGISTRY; (E) EVENT BEYOND AAAQ’S REASONABLE CONTROL; (F) PROCESSING OF THE APPLICATION; (G) PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN; (H) FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEE HEREUNDER; (I) SUSPENSION OR CANCELLATION OF YOUR REGISTRATION BY AAAQ; OR (J) APPLICATION OF ANY DISPUTE RESOLUTION PROVISION HEREIN. FURTHERMORE, AAAQ WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE, EVEN IF AAAQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL AAAQ’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU OR YOUR AGENT TO AAAQ FOR THE INITIAL REGISTRATION OF YOUR DOMAIN.

12. INDEMNITY

You agree to protect, defend, hold harmless, and indemnify AAAQ, any third party entity related to AAAQ (including, without limitation, any Registry), and AAAQ’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, and subsidiaries from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses arising out of or resulting from the Registration or use of the Domain registered in your name. This indemnification is in addition to any indemnification required under the Dispute Policy. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.

13. DISCLAIMER

ALL THE SERVICES ARE PROVIDED TO YOU “AS IS,” AND AAAQ WILL HAVE NO LIABILITY FOR FAILURE OF ANY OF THE SERVICES AAAQ PROVIDES, WHETHER UNDER THEORIES OF STRICT LIABILITY, PRODUCTS LIABILITY, NEGLIGENCE, OR OTHERWISE. AAAQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR AAAQ SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AAAQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THE REGISTRATION OR USE OF A DOMAIN UNDER THIS AGREEMENT WILL IMMUNIZE YOU FROM CHALLENGES TO YOUR REGISTRATION OR FROM SUSPENSION, CANCELLATION, TRANSFER, OR ANY OTHER LOSS OF THE DOMAIN REGISTERED TO YOU. FOR THE PURPOSES OF THIS SECTION, AAAQ INCLUDES, WITHOUT LIMITATION, AAAQ’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, REGISTRIES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, REGULATING, PRODUCING, OR DISTRIBUTING AAAQ SERVICES.

14. REPRESENTATIONS & WARRANTIES

a. Against Infringement. You represent and warrant to AAAQ that you hold the necessary rights to use, or permit to use, any item used through AAAQ’s Services, and that such use will not in any way:

  1. violate or potentially violate any right of any third party, including, without limitation, infringement or misappropriation of any copyright, patent, trademark, trade secret, or other proprietary right;
  2. constitute or potentially constitute violations, such as, without limitation, false advertisement, unfair competition, defamation, invasion of privacy, invasion of rights, and discrimination;
  3. cause or potentially cause a business dispute, personal dispute, or any other dispute;
  4. be or potentially be unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise offensive;
  5. be or potentially be racially, ethnically, disputatiously, argumentatively, or ethically objectionable; or
  6. encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, including, without limitation, local, provincial, state, national, international, or other laws.

Breach of this section will constitute material breach of this Agreement and cause for immediate cancellation of your Registration and Domain. You further agree to protect, defend, hold harmless, and indemnify AAAQ, any third party entity related to AAAQ (including, without limitation, any Registry), and AAAQ’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, and subsidiaries from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses arising out of or resulting from the Registration, use of the Domain, or from any breach of this Agreement. This indemnification is in addition to any indemnification required under the Dispute Policy. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.

b. Registration Information. You represent and warrant that all information provided by you in connection with your Registration is, and will be, true, current, accurate, and complete at all times. Breach of this section will constitute material breach of this Agreement and cause for immediate cancellation of your Registration and Domain.

15. BREACH & REVOCATION

a. Revocation by AAAQ. AAAQ reserves the right to immediately suspend, cancel, transfer, modify, or terminate your Registration for any reason, including, without limitation, (i) your material breach of this Agreement; (ii) your use of any AAAQ services, including, without limitation, the Domain registered to you, that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet, including, without limitation, sending unsolicited commercial advertisements (including, without limitation, spamming) or sending threats, harassments, and obscenities; (iii) your use of your Domain in connection with unlawful or unethical activity; (iv) AAAQ’s receipt of an order from a court of competent jurisdiction or an arbitration award; or (iv) any other grounds for suspension, cancellation, transfer, modification, or termination that is determined by AAAQ at its sole discretion. You understand and agree that you will not receive any refund whatsoever for any such suspension, cancellation, transfer, modification, or termination of your Registration for any reason.

b. Revocation by ICANN, Registry, or Registrar. You further acknowledge and agree that your Registration is subject to suspension, cancellation, transfer, modification, or termination by any ICANN procedure, any Registry or AAAQ procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.

c. Civil/Legal Liability for Breach. ANY BREACH OF THIS AGREEMENT MAY RESULT IN CIVIL ACTION, LEGAL ACTION, AND/OR CRIMINAL PROSECUTION.

16. GOVERNING LAW & SEVERABILITY

a. Governing Law. Any agreement, including, without limitation, this Agreement, arising from the business relationship between you and AAAQ, will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without reference to its conflicts of laws principles. Except as otherwise set forth in this Agreement with respect to disputes, you agree that any litigation, arbitration, adjudication, or otherwise between you and AAAQ will take place in British Columbia, and you consent to personal jurisdiction and venue in British Columbia. For the adjudication of disputes concerning or arising from the use of a Domain, the Registrant will submit, without prejudice, to the jurisdiction of the courts of the Registrant’s domicile or where the registrar’s headquarters is located (currently AAAQ in Vancouver, British Columbia).

b. Severability & Amendment. If any provision or portion of any agreement (including, without limitation, this Agreement) between you and AAAQ is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that agreement will continue in full force and effect. AAAQ will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of AAAQ as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of AAAQ. It is your sole responsibility to ensure that the representative signing such document is actually authorized to do so.

17. NOTICES

You agree that any notice required to be given under this Agreement by AAAQ to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

18. GENERAL

a. Entire Agreement. This Agreement, in addition to any other specific agreement between you and AAAQ, constitutes the full and complete understanding and agreement between you and AAAQ, relating to the subject matter hereof. Except when expressly agreed to the contrary in writing by AAAQ, this Agreement supersedes any other written (including, without limitation, digitized/computerized) agreement, any oral agreement, or any actual or alleged agreement by conduct.

b. Independent Contractor Relationship. Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between you and AAAQ. You and AAAQ will each be deemed an independent contractor at all times and will have no right or authority to assume, create, or incur any obligation on behalf of the other, except as may be expressly provided herein. You must not, in any way, misrepresent your relationship with AAAQ, attempt to pass yourself off as AAAQ, or claim that you are AAAQ.

c. No Waiver. The failure of AAAQ to require your performance of any provision of this Agreement will not affect AAAQ’s full right to require such performance at any time thereafter; nor will the waiver by AAAQ of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself.

d. Survival of Termination. Sections 2, 3, 5, 7, 9, 10, 11, 12, 13, 14, 15 and 16, and the Dispute Policy, will survive the expiry or termination of this Agreement for any reason.

19. “.BIZ” TLDs

In the case of a “.BIZ” TLD Registration, the following additional terms and conditions will apply:

a. “.BIZ” Restricitons of Use. Registrations in the “.BIZ” TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the “.BIZ” Registration restrictions, the “bona fide business or commercial purposes” will mean the bona fide use or bona fide intent to use the Domain or any content, software, materials, graphics, or other information therein to permit Internet users to access one or more host computers through the Domain Name System (“DNS”) to exchange, or facilitate the exchange of, goods, services, information, or property of any kind, or to carry on in the ordinary course of trade or business. Registering a Domain solely for the purposes of offering, selling, trading, or leasing the Domain for compensation does not constitute a “bona fide business or commercial purpose” of that Domain.

b. “.BIZ” Certification. As a “.BIZ” Registrant, you hereby certify that to the best of your knowledge:

  1. the Domain will be used primarily for bona fide business or commercial purposes;
  2. the Domain will not be used exclusively for personal use;
  3. the Domain will not be used solely for the purposes of offering, selling, trading, or leasing the Domain for compensation;
  4. the Registrant has the authority to enter into the Registration agreement; or
  5. the Domain is reasonably related to the Registrant’s business or intended commercial purpose at the time of Registration.

For more information on the Registration restrictions, which are incorporated herein by reference, please see http://www.neulevel.com/countdown/registrationrestrictions.html.

c. 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;
  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; and
  10. any remark concerning the Domain that should appear in the Whois directory.

You agree and understand that the foregoing Registration data will be publicly available and accessible on the Whois directory as required by ICANN and/or Registry policies, and may be sold in bulk in accordance with the ICANN agreement.

d. Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the Application is and will continue to be true, current, complete, and accurate at all times. The following will constitute breach of this Agreement with regards to your provision of information:

  1. Your provision of any false, outdated, incomplete, unreliable, or inaccurate information;
  2. Your failure to promptly update any information provided to AAAQ;
  3. Your failure to respond, for over five (5) calendar days, to AAAQ’s inquiries addressed to the e-mail address of the administrative, billing, or technical contact then appearing in the Whois directory with respect to a Domain concerning the accuracy of contact details associated with any Registration by or through you or your account.

Any information collected by us concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the Registration and for the purposes of this Agreement, and as required or permitted by the ICANN agreement or any ICANN and/or Registry policies.

e. “.BIZ” Domain Dispute Policy. If you reserved or registered a “.BIZ” Domain through us, you agree to be bound by the Dispute Policy contained in this Agreement. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: (i) Uniform Domain Dispute Resolution Policy (“UDRP”), available at http://www.icann.org/udrp/udrp.htm; (ii) Start-up Trademark Opposition Policy (“STOP”), available at http://www.neulevel.com/countdown/stop.html; and (iii) Restrictions Dispute Resolution Policy (“RDRP”), available at http://www.neulevel.com/countdown/rdrp.html.

f. “UDRP”. The UDRP sets forth the terms and conditions in connection with a dispute between Registrant and any party other than the Registry or registrar over the Registration and use of an Internet Domain registered by you.

g. “STOP”. The STOP sets forth the terms and conditions in connection with a dispute between a Registrant of a “.BIZ” Domain with any third party (other than the Registry or registrar) over the Registration or use of a “.BIZ” Domain registered by you that is subject to the Intellectual Property Claim Service (“IPCS”). The IPCS is a service introduced by the Registry to notify a trademark or service mark holder (“Claimant”) that a second-level Domain has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated rules, those Claimants will have the right to challenge Registrations through independent ICANN-accredited dispute resolution providers.

h. “RDRP”. The RDRP sets forth the terms and conditions under which any allegation that a Domain is not used primarily for business or commercial purposes will be enforced on a case-by-case and fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Registration restrictions will be enforced directly by or through the Registry. The Registry will not review, monitor, or otherwise verify that any particular Domain is being used primarily for business or commercial purposes or that a Domain is being used in compliance with the SUDRP or UDRP processes.

i. Dispute Policy Modifications. You agree that AAAQ, at AAAQ’s sole discretion, may modify the Dispute Policy. AAAQ will post any such modification on the AAAQ’s web site (the “Web Site”) at least thirty (30) calendar days before the modification becomes effective. You agree that, by maintaining the reservation or Registration of your Domain after modifications to the Dispute Policy become effective, you have agreed to these modifications. If you do not agree to any such modification, you may terminate this Agreement. We will not refund any fee paid by you if you terminate this Agreement.

j. Domain Disputes. You agree that, if your use of the Services is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the third party challenge. You agree that in the event a Domain dispute arises with any third party, you will indemnify and hold AAAQ, and AAAQ’s executives, directors, officers, managers, employees, consultants, and agents, harmless pursuant to this Agreement. If AAAQ is notified that a complaint has been filed with a judicial or administrative body regarding your use of the Services, you agree not to make any changes to your Domain record without AAAQ’s prior approval. AAAQ reserves the right to deny you permission to make changes to such Domain record until (i) AAAQ is directed to do so by the judicial or administrative body, or (ii) AAAQ receives notification by you and the other party contesting your Registration and use of the Services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your Registration and use of the Services, we may deposit control of your Domain record into the Registry of the judicial body by supplying a party with a registrar certificate from us.

k. Reservation of Rights. AAAQ and the “.BIZ” Registry (NeuLevel, Inc.) expressly reserve the right to deny, cancel, transfer, or modify any Registration that AAAQ or the “.BIZ” Registry deems necessary, in its discretion, to protect the integrity and stability of the Registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of AAAQ and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. AAAQ and NeuLevel, Inc. also reserve the right to freeze a Domain during resolution of a dispute.

l. Registration Term. Registration terms range from two (2) to ten (10) years for “.BIZ” Domains.

20. “.INFO” TLDs

In the case of a “.INFO” TLD Registration, the following additional terms and conditions will apply:

a. 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.

b. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy (“UDRP”) and comply with the requirements set forth by Afilias for Domains registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification.

c. Registration Information. Registrant agrees to immediately correct and update the Registration information for the registered name during the Registration term. Failure to correct such information will constitute a breach of this Agreement.

d. Disclaimer of Liability. Registrant acknowledges that Afilias, the Registry for “.INFO”, will have no liability of any kind for any loss or liability resulting from the proceedings and processes related to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a Registrant to obtain a registered name during these periods, and (b) the results of any dispute over a Sunrise Registration.

e. Reservation of Rights. Registrar and Afilias, the Registry for “.INFO”, 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 freeze a Domain during resolution of a dispute.

f. Registration Term. Registration terms range from two (2) to ten (10) years for “.INFO” Domains with the exception of “.INFO” Sunrise Domains, which have a registration range of five (5) to ten (10) years.

21. “.US” TLDs

In the case of a “.US” TLD Registration, the following additional terms and conditions apply will:

a. Eligibility to Register. To be eligible to register a “.US” Domain, you must be a U.S. citizen or resident, or a business or organization, including federal, state, and local government with a bona fide presence in the U.S. Therefore, if you are registering a “.US” Domain, you certify and warrant that you satisfy at least one of the following U.S. Nexus Requirements (“Nexus Requirements”):

  1. Category 1 – A natural person (1) who is a citizen or permanent resident of the U.S. or any of its possessions or territories or (2) whose primary place of domicile is in the U.S. or any of its possessions, or
  2. Category 2 – Any entity or organization (1) that is incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the U.S. possessions or territories, or (2) organized or otherwise constituted under the laws of a state of the U.S., the District of Columbia, or any of its possessions or territories, or
  3. Category 3 – An entity or organization (including federal, state, or local government of the U.S., or a political subdivision thereof) that has a bona fide presence in the U.S. See section B.3.1 of the NeuStar proposal to the Department of Commerce (found at http://www.neustar.us./policies/index.html) for details concerning what constitutes a “bona fide presence.”

b. Mainentance of Eligibility. You agree to continually satisfy the requirement that all “.US” Domain Registrants maintain the Nexus Requirements.

c. Additional Requirements. Registrants are required to provide certain additional Nexus information. Except where noted that a Registration will be denied if information is missing, failure of a Registration to satisfy Nexus Requirements will result in the Domain being placed upon a thirty (30) day hold during which time the Registrant will be notified and given the opportunity to correct the information. If Registrant takes no action within the thirty (30) day period, the Registration will be cancelled and the Domain will be returned to available status. The Registration fee will not be refunded. If, on the other hand, the Registrant is able to demonstrate compliance with the requirement and the information is corrected, the hold will be released and the Domain will be registered. The Registrant must also satisfy the following additional conditions for the applicable Nexus Category:

  1. Certification that the Registrant satisfies the Nexus Requirements. If not completed, then Registration will be cancelled;
  2. Basis for compliance (Nexus Requirement Category 1, 2, or 3);
  3. Certification that the listed name servers are located within the U.S. If not completed, then Registration will be rejected.

d. Sunrise Period. During the Sunrise Period, you will be able to submit only one (1) Application for each Domain based on the corresponding trademark serial number. If you submit more than one (1) Application for the same Domain based on the same trademark registration, only one of those Applications (as determined by AAAQ) will be included in the final randomization.

e. Eligibility for Sunrise. To be eligible for the Sunrise Period, your trademark application or registration must be contained in the Principal register at the United States Patent and Trademark Office (“USPTO”). The trademark registration or application must be based on words or textual marks, not on logos or designs. For the purposes of the Sunrise Period, trademarks and service marks are treated the same way.

f. Trademark International Class. The “Trademark International Class” field must contain at least one (1) of the following valid codes:

Class 1: Chemicals
Class 2: Paints
Class 3: Cosmetics and Cleaning Preparations
Class 4: Lubricants and Fuels
Class 5: Pharmaceuticals
Class 6: Metal Goods
Class 7: Machinery
Class 9: Electrical and Scientific Apparatus
Class 10: Medical Apparatus
Class 11: Environmental Control Apparatus
Class 12: Vehicles
Class 13: Firearms
Class 14: Jewelry
Class 15: Musical Instruments
Class 16: Paper Goods and Printed Matter
Class 17: Rubber Goods
Class 18: Leather Goods
Class 19: Nonmetallic Building Materials
Class 20: Furniture and Articles not otherwise classified
Class 21: Housewares and Glass
Class 22: Cordage and Fibers
Class 24: Fabrics
Class 25: Clothing
Class 27: Floor Coverings
Class 28: Toys and Sporting Goods
Class 29: Meats and Processed Foods
Class 30: Staple Foods
Class 31: Natural Agricultural Products
Class 32: Light Beverages
Class 33: Wine and Spirits
Class 34: Smokers' Articles
Class 35: Advertising and Business
Class 36: Insurance and Financial
Class 37: Building Construction and Repair
Class 38: Telecommunications
Class 39: Transportation and Storage
Class 40: Treatment of Materials
Class 41: Education and Entertainment
Class 42: Miscellaneous
Class 200: Collective Trademarks or Service Marks
Class A: Goods Certification Mark
Class B: Services Certification Mark

If you have applied for, or have already registered, a trademark with the USPTO in more than one (1) International Class of Goods and Services, you only need to list one (1) International Class of Goods or Services on your Application.

g. Nexus Dispute Policy. You agree that, if a third party submits to the “.US” TLD Administrator (“Administrator”) a “Nexus Challenge” to the “.US” Domain, the Domain will be placed upon “Registry Hold” until the matter is resolved. While the Domain is on Registry Hold, the Registrant must not change any of the contact information for that particular Domain, or transfer the Domain to any third party.

h. Challenger’s Prima Facie Case. If the Administrator determines that the challenger of the Domain (the “Challenger”) has established a prima facie case that the Registrant has not met the Nexus Requirements, the Registrant must submit evidence of compliance within thirty (30) days from the date of receiving a letter from the Administrator requesting that the Registrant submit such evidence of compliance.

i. Curing Nexus Deficiency. If the Registrant does not respond within the thirty (30) days mentioned above in section 19.h. of this Agreement, or is unable to demonstrate through documentary evidence that the Registrant complied with the Nexus Requirements prior to the date the Nexus Dispute Policy was invoked, the Registrant will be given thirty (30) days to cure the Nexus deficiency.

j. Inability to Cure Nexus Deficiency. If the Registrant does not respond within the thirty (30) days mentioned above in section 19.i. of this Agreement, or is unable to provide evidence demonstrating compliance with the Nexus Requirements, the Registration will be deleted from the Registry database, the registrar for the name will be notified, and the Domain will be made available for Registration. This process is the exclusive remedy for the Challenger.

k. Reservation of Rights. The Administrator reserves the right to modify this Nexus Dispute Policy at any time. The Administrator will post its revisions on the Administrator’s web site at least thirty (30) days before it becomes effective. The Administrator also reserves the right to deny, cancel, transfer, or modify any Registration that it deems necessary, in its discretion, (1) to protect the integrity and stability of the Registry, (2) to comply with any applicable law, government rule or requirement, request of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of the Administrator, as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by the Administrator or any registrar in connection with Registration. The Administrator also reserves the right to freeze a Domain during resolution of a dispute.

20. “.CN” TLDs

In the case of a “.CN” TLD Registration, the following additional terms and conditions will apply:

a. Representations and Warranties. You represent and certify that, to the best of your knowledge and belief, (i) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party, (ii) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder, (iii) you are of legal age to enter into this Agreement, and (vi) you agree to comply with all applicable laws, regulations and policies of the Peoples Republic of China’s governmental agencies and the China Internet Network Information Center (“CNNIC”), including but not limited to the following rules and regulations: (i) China Internet Domain Name Regulations (currently at http://www.cnnic.net.cn/ruler/20.shtml); (ii) CNNIC Detailed Rules of Internet Domain Name Registration Administration (currently at http://www.cnnic.net.cn/ruler/16.shtml); (iii) CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-10.shtml); and (iv) Rules for CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-9.shtml).

b. Provision of Registration Data. As part of the registration process, you are required to provide AAAQ with any other data that CNNIC, as the Registry, requires be submitted to it. You agree and understand that the foregoing Registration data will be publicly available and accessible on the Whois directory pursuant to the CNNC Policy. Any information collected by AAAQ concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the Registration of your Domain(s) and for the purposes of this Agreement and as required or permitted by the CNNIC.

c. Business or Organization Representation. The “.CN” TLD space is intended for businesses and organizations and not for individual use. By registering a “.CN” Domain, you hereby represent that you have registered the Domain on behalf of a business or organization.

d. Maximum Term. The maximum term for a Domain Registration in the “.CN” TLD will be five (5) years. Registrations will be available for terms of one (1), two (2), three (3), four (4), and five (5) years.

e. Prohibited Uses for “.CN” Domains. You may not register or use a Domain that is deemed by CNNIC to:

  1. Be against the basic principles prescribed in the Constitution of the Peoples Republic of China (“PRC”);
  2. Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt of state integrity of the PRC;
  3. Harm national honor and national interests of the PRC;
  4. Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC;
  5. Violate the PRC’s religion policies or propagate cult and feudal superstition;
  6. Spread rumors, disturb public order or disrupt social stability of the PRC;
  7. Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
  8. Insult, libel against others and infringe other people's legal rights and interests in the PRC; or
  9. Take any other action prohibited in laws, rules, and administrative regulations of the PRC.

f. True Registrant of Domain. By registering a “.CN” Domain, you will be responsible for providing full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Domain. You accept liability for harm caused by wrongful use of the Domain.

g. Domain Dispute Policy. If you have registered a second or third-level “.CN” Domain through AAAQ, you agree to be bound by the CNNIC Domain Name Dispute Resolution Policy & Rules for CNNIC Domain Name Dispute Resolution Policy (“CNNIC Dispute Policy”), http://www.cnnic.net.cn/ruler/20.shtml, which is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the CNNIC, as they may be amended from time to time, and which are hereby incorporated and made an integral part of this Agreement.

h. Domain Disputes. You agree that, if your use of AAAQ’s Services is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a Domain arises with any third party, you will indemnify and hold AAAQ, CNNIC, and NeuStar, Inc. (“Registry Gateway Provider”), harmless pursuant to the terms and conditions set forth in this Agreement. If AAAQ is notified that a complaint has been filed with a judicial or administrative body regarding your use of AAAQ’s Services, you agree not to make any changes to your domain name record without our prior approval. AAAQ may, at its sole discretion, not allow you to make changes to such Domain record until (i) AAAQ is directed to do so by the judicial or administrative body, or (ii) AAAQ receives notification by you and the other party contesting your Registration and use of AAAQ’s Services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your Registration and use of AAAQ’s Services, DomainPeole may deposit control of your Domain record into the registry of the judicial body by supplying a party with a registrar certificate from us.

i. Jurisdiction. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, (2) where AAAQ is located, and 3) the People’s Republic of China.

j. 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 Peoples Republic of China.

k. Suspension, Cancellation, or Transfer. You agree that your Registration of a “.CN” Domain will be subject to suspension, cancellation, or transfer pursuant to any CNNIC adopted specification or policy, or pursuant to any registrar or CNNIC procedure not inconsistent with a CNNIC adopted specification or policy, (1) to correct mistakes by Registrar or the CNNIC in registering the Domain or (2) for the resolution of disputes concerning the Domain.

l. Indemnification. You shall indemnify and hold harmless the [Registrar], Registry Gateway Provider and CNNIC and their directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant’s (i) domain name registration and (ii) use of any of a domain name.

m. Reservation by CNNIC and Registry Gateway Provider. AAAQ, the Registry Gateway Provider, and CNNIC reserve the right to deny, cancel, or transfer any Domain and/or Registration that they deem necessary, in their discretion, (1) to protect the integrity and stability of the registry, (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of CNNIC, the Registry Gateway Provider, or AAAQ, as well as their affiliates, parent companies, subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by Registry Gateway Provider, CNNIC, or any registrar in connection with a “.CN” Domain Registration. CNNIC, Registry Gateway Provider, and AAAQ also reserve the right to freeze a Domain during resolution of a dispute.

21. “.PRO” TLDs

In the case of a “.PRO” TLD Registration, the following additional terms and conditions will apply:

a. Overview. The following types of Registrations within the “.PRO” TLD are available to qualified persons and entities:

  1. Registered Names (ie. “.PRO” Domains);
  2. Premium Intellectual Property Defensive Registrations (ProBlock);
  3. Basic Intellectual Property Defensive Registrations (ProGuard); and
  4. Standard Defensive Registrations (ProReserve).

b. Restrictions. Registered Names are restricted to persons and entities that are credentialed by appropriate entities (such as through governmental bodies and professional organizations) to provide professional services within a stated geographic region (“Licensing Jurisdiction”). Basic Intellectual Property Defensive Registrations are restricted to trademark or service mark holders with valid and enforceable trademark or service mark registrations of national effect that are issued prior to September 30, 2002. Standard Defensive Registrations are restricted to persons and entities that are credentialed by appropriate entities to provide professional services.

c. Certification. Registrants of Registered Names and Defensive Registrations in the “.PRO” TLD will be required to certify that they meet all qualifications and requirements. Eligibility of registration of Registered Names will be verified and periodically re-verified at least annually.

d. Information. As part of the Registration process, you are required to provide us with certain information and to update this information to keep it current, complete, and accurate. You must provide contact information, including name, email address, postal address and telephone number, for use in disputes relating to your Registration of a “.PRO” Domain or Defensive Registration. You understand and agree that this contact information will be provided as part of the Whois record for your Domain or Defensive Registration. You further understand that the Registry may share the foregoing Registration data with third parties that act as subcontractors to it for the purpose of this Agreement, and you agree that your personal data may be shared with the Registry’s subcontractors. You agree and understand that the foregoing Registration data will be publicly available and accessible on the WHOIS directory for “.PRO” as required by ICANN and may be sold in bulk in accordance with ICANN policy.

e. Representations & Warranties. You make the following representations and warranties:

  1. That the data provided in your “.PRO” Domain or Defensive Registration application is true, correct, up to date, and complete; you will at all times during the term of your Registration keep the information provided above up to date;
  2. That your “.PRO” Domain or Defensive Registration satisfies all applicable “.PRO” restrictions at the time of Registration;
  3. That your “.PRO” Domain Registration satisfies the digital security requirements for obtaining a “.PRO” Domain; and
  4. That you have the authority to enter into this Agreement.

f. Misrepresentation. You agree not to make any representation to any person or entity that expressly or impliedly conveys that