| New.net™ Registrant Transfer Agreement
I. Current Registrant Data
Please provide complete Registrant Information
for the current registrant of the domain name(s) which the
registrant is transferring. Keep in mind that this information
must match that of the current registrant information in New.net's
database for the domain name(s) being transferred.
All fields are required, except for Fax Number.
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Please print or type clearly the Domain
Name(s) which you would like to transfer:
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II. New Registrant Information
a. Administrative Contact Information:
If the new registrant does not have an existing account with
New.net, the administrative contact listed here will be considered
the new registrant of the domain name(s) being transferred.
Please provide complete Administrative Contact
Information for the new registrant of the domain name(s) which
is/are being transferred.
All fields are required, except for Fax Number.
| First Name: |
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| Last Name: |
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| Organization Name: |
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| Email Address: |
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| Phone Number: |
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| Fax Number: |
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| Address 1: |
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| Address 2: |
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| State/Province: |
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| Zip Code/Postal Code: |
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| Country: |
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b. New Registrant Billing Information:
Please provide the billing information that is to be associated
with the new registrant's New.net account. Please enter all
of the information below.
All Fields are required.
| First Name: |
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| Last Name: |
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| Organization Name: |
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| Email Address: |
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| Phone Number: |
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| Fax Number: |
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| Address 1: |
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| Address 2: |
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| City: |
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| State/Province: |
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| Zip Code/Postal Code: |
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| Country: |
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Note: The billing information provided above will
be kept on file for the domain name(s) being transferred.
c. New Registrant Account Data
New.net uses email addresses to identify our customers. The
data you specify in this section will be used to identify
your account as a New.net customer. New.net will need to know
the email address and password you would like associated with
your account in order to complete the transfer process.
If you already have a New.net account, you
may add the domain name(s) being transferred to the existing
account by specifying the email address and password you would
like to use below. If you do not have a New.net account, please
enter an email address and password below.
Note: Email designations cannot be changed once they
are created. Passwords can be changed at any time.
When specifying your email address, please
indicate whether it is a new or existing email address by
checking the appropriate box.
| Email Address: |
(circle one) new
existing |
| Password: |
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d. New Registrant Credit Card Data
Please provide the credit card data for the
new registrant. There is no transfer fee, but the new registrant
must pay the full first year registration fee for each domain
name transferred. Please enter all of the information below
exactly as it appears on file with the credit card vendor.
NOTE: The information entered into this section MUST
BE THE SAME as the credit card billing information of the
credit card holder.
All fields are required.
| Credit Card Type: |
(circle one)
AmEx Visa
M/C Discover
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| Credit Card Number: |
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| Expiration Date: |
__________ / __________ |
| Full Name as it appears on the Card: |
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| Address 1: |
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| Address 2: |
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| City: |
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| State/Province: |
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| Country: |
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| Email Address: |
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| Phone Number: |
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III. Letter of Authorization
The current registrant of the domain name(s)
must provide New.net with an officially notarized letter stating
that he or she authorizes the registrant transfer. Please
complete all blank fields requested below:
This letter verifies that I,
________________________________________________________
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authorize that the domain name registration(s)
listed below be transferred to the following individual and/or
organization:
| Name: |
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| Organization Name: |
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Please list the Domain Name(s) which you
would like to transfer:
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Current Registrant:
To be signed and dated in the presence of a notary public.
Within the United States of America, all letters must be notarized.
If the current registrant is located outside the U.S.A., all
such letters must be notarized, authenticated or otherwise
properly verified, in the manner legally acceptable under
local law, to be from the registrant of the domain name registration(s).
| Please provide notarization or other appropriate
verification if outside the U.S.A. here.
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| County of: |
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| State of: |
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| The foregoing instrument was signed before
me by the person whose name appears in the Current Registrant
First and Last Name blocks in Section I. |
| Signed: |
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| Print Name: |
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| Dated: |
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| Commission Expiration Date: |
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IV. Transfer of Registrant Agreement
Both the current registrant and the new registrant for the
domain name(s) in question must review, sign, and date the
attached Transfer of Registrant Agreement.
TRANSFER OF REGISTRANT AGREEMENT
This TRANSFER OF REGISTRANT AGREEMENT,
dated as of ______________________________
, 200 ____ (the "Agreement")
is between ______________________________ ("Current
Registrant")
and ______________________________ ("New Registrant").
The parties hereby agree as follows:
- Surrender of the Domain Name(s).
Current Registrant hereby surrenders and relinquishes its
registration of the Domain Name(s), discharges New.net from
all obligations under the Registration Agreement between
New.net and Current Registrant, and releases New.net from
all claims, liabilities or demands arising from the Registration
Agreement pertaining to the above listed domain name. Current
Registrant acknowledges and agrees that it is not entitled
to a refund of any fees it may have paid to New.net. Nothing
contained in this Agreement shall be construed as an assignment
of Current Registrant's rights under the Registration Agreement.
Current Registrant hereby authorizes New.net to take all
steps necessary to transfer the Domain Name(s) to the New
Registrant, including without limitation, disassociating
the Domain Name(s) from the host servers designated by the
Current Registrant without further notice.
- New Registrant's Registration.
New Registrant, by signing and sending this Agreement to
New.net, acknowledges that it has read, understood, accepts
and agrees to be bound by and to perform in accordance with
all terms and conditions of New.net's policies located at
www.new.net/policies_terms.tp
and incorporated herein by reference. These policies include
but are not limited to New.net's current Terms found at
the same location; current Registration Agreement, located
at www.new.net/policies_registration.tp;
current domain name Dispute Policy located at www.new.net/policies_dispute.tp;
and current Privacy Policy located at www.new.net/policies_privacy.tp
all of which are incorporated herein by reference. In addition,
New Registrant understands and agrees that upon completion
of the Transfer of Registrant process, the New Registrant
receives the new registration(s) and that the term for each
of the new registration(s) begins on that date.
- Transfer's Effective Date.
The transfer of the Domain Name(s) from Current Registrant
to New Registrant shall be effective upon New.net's transmission
of an acknowledgment to the New Registrant that the Domain
Name(s) has/have been transferred to the New Registrant.
Note: For the prompt execution of the transfer of the
domain name(s), both the current and new registrant must have
reviewed and signed this agreement.
| Current Registrant's Signature:
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New Registrant's Signature:
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| Printed Name:
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Printed Name:
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| Title:
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Title:
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| Date:
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Date:
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V. Registration Agreement
The new registrant must read, sign and date
the attached Registration Agreement which applies to each
domain name(s) transferred.
This Registration Agreement ("Agreement") sets
forth the terms and conditions of your use of New.net,
Inc. ("New.net") to register the domain name selected
by you (the "Domain Name"). To complete the registration
process, you must read and agree to be bound by all terms
and conditions of this Agreement, the Terms of Use, the Dispute
Policy and the Standard Privacy Policy. This Agreement will
become effective if accepted by New.net. New.net may accept
or reject your offer for any reason in New.net's sole discretion.
Please carefully read this Agreement, as well as the other
New.net Policies. This Agreement covers all New.net domain
names you register with New.net.
- New.net Policies.
You agree to be bound by and comply with the "New.net
Policies" (which are defined to include this Agreement,
the Terms of Use, the Standard Privacy Policy and the Dispute
Policy, all including New.net's modifications and amendments
there to which New.net may make from time to time) with
respect to the Domain Names. All New.net Policies are incorporated
into this Agreement by this reference and are enforceable
as if written out in full in this Agreement.

- Fees.

- You will be responsible to pay for all fees associated
with domain name services provided by New.net. The annual
fee for registering a Domain Name will be $35. Unless
otherwise terminated earlier under this Agreement, the
New.net Policies or at law, the registration of the
Domain Name will be for a minimum of one year. The registration
may be renewed by you for additional one year periods
or multiple years may be purchased in advance, each
subject to early termination under this Agreement, the
New.net Policies or at law, provided that you pay renewal
fees by those due dates designated by New.net; it shall
be your responsibility to ensure that such fees are
paid. Payment must be made by credit card or such other
method as we may indicate in the registration renewal
form. Should these fees go unpaid by the time specified
in the renewal notice, your registration will be cancelled.
You agree that New.net shall have no liability whatsoever
with respect to any such cancellation. All fees are
non-refundable, in whole or in part, even if your domain
name registration is suspended, cancelled or transferred
prior to the end of your then current registration term.
New.net reserves the right to change fees, surcharges,
renewal fees or to institute new fees at any time, for
any reason, at its sole discretion. Your requested domain
name will not be registered unless we receive actual
payment of the registration fee, or reasonable assurance
of payment of the registration fee from some other entity
(such reasonable assurance as determine d by New.net
in its sole discretion).

- In the event of a charge back by a credit card company
(or similar action by another payment provider allowed
by us) in connection with the payments of the registration
fee for your domain name registration or any other fee
associated with the domain name services provided by
us, you agree and acknowledge that the domain name registration
shall be transferred to New.net as the paying entity
for that registration to the registry and that we reserve
all rights regarding such domain name including, without
limitation, the right to make the domain name available
to other parties for purchase. We will reinstate your
domain name registration solely at our discretion, and
subject to our receipt of the initial registration or
renewal fee and our then-current reinstatement fee.

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- All Fees are Nonrefundable.
Notwithstanding anything to the contrary, you agree that
all fees paid by you to New.net are non-refundable, in whole
or in part, even if the Domain Name is suspended, cancelled
or transferred prior to the end of the then-current registration
term by you, by New.net or otherwise.

- Dispute Policy.
You agree to be bound by the current Dispute Policy which
is incorporated into this Agreement by reference. Any disputes
regarding the right to use your domain name will be subject
to the Dispute Policy. You agree that in the event a domain
name dispute arises with any third party, you will indemnify
and hold New.net harmless pursuant to the terms and conditions
contained in the Dispute Policy.

- Transfer of Domain Name Ownership.
In the event you would like to make change to the name of
the registrant of the Domain Name, you agree that as a condition
to any transfer of the Domain Name, the transferee shall
agree in writing to become a party to and be bound by this
Agreement. You acknowledge and agree that if you attempt
to transfer your domain name registration and the entity
to which you seek to transfer your domain name fails to
agree in writing to be bound by all terms and conditions
of this Agreement, any such transfer will be null and void,
and New.net shall have the right to immediately, and without
prior notice, terminate this Agreement and/or suspend, cancel,
transfer or modify your registration of the Domain Name.
In addition, you agree that transfers are governed by New.net's
Transfer Agreement as well as the Terms of Service.

- Domain Name Registration Information
and Its Use.

- As part of the registration process, you must provide
certain information as specified on the New.net check
out page and you must update this information as needed
to keep it current, complete and accurate. In the event
you fail to provide or maintain accurate this information,
New.net shall have the right to terminate this Agreement
and/or cancel, suspend, transfer or modify your registration
of the Domain Name immediately without giving you prior
notice. In addition to the information you provide,
New.net maintains other information relating to your
registration of the Domain Name including, among other
things, the information referred to in the New.net Privacy
Statement.

- In the event that you provide any information about
a third party in connection with your registration of
the Domain Name, you hereby represent and warrant that
you have provided notice to, and have obtained consent
from, such third party with regard to the disclosure
and the use of that third party's information as set
forth in this Agreement. You further represent and warrant
that you will provide such notice and obtain such consent
with regard to any third party data supplied to New.net
in the future. New.net is not responsible for any consequences,
if any, resulting from your failure to provide notice
or receive consent as contemplated herein or your provision
of outdated, incomplete or otherwise inaccurate third
party data.

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- Ownership of Data.
You agree and acknowledge that New.net owns all database,
compilation, collective and similar rights, title and interests
worldwide in our domain name database and all information
and derivative works generated from our domain name database.
You further acknowledge and agree that New.net owns all
information New.net generates or obtains in connection with
your registration of the Domain Name. New.net does not have
any ownership interest in your specific personal information
outside of its rights in our domain name database.

- Parked Web Page.
You acknowledge and agree that any or all domain names that
(a) are registered with New.net, (b) are hosted on a New.net
domain name server, and (c) do not otherwise resolve to
an active website may, by default, resolve to a temporary
parked Web page provided by New.net that informs visitors
that the domain name has been registered with New.net (a
"Parked Page"). You also agree that New.net may,
in its sole and absolute discretion, place on any Parked
Page (x) promotions and advertisements for, and links to,
New.net's Web site, New.net's products and services, third-party
Web sites, and third-party products and services, (y) internet
search results and access to internet search engines, and
(z) any other material or content selected by New.net. You
agree that New.net may change the content and/or appearance
of, or disable, any Parked Page at any time, in its sole
and absolute discretion, and without prior notice. To see
a sample Parked Page, please click
here. All domain names registered with New.net will
initially be pointed to a Parked Page. If for any reason
you do not wish to have your domain name pointed to a Parked
Page, you may disable the Parked Page feature (after registering
your domain name) by selecting a functioning, non-New.net
name server for your domain name or forwarding your domain
name to a functioning Web site, each of which may be accomplished
by changing your DNS settings in the "Manage My Account"
section of the New.net website (www.new.net).

- Use of the Domain Name.

- You agree that you will not register, use, display
or exploit the Domain Name in contravention or violation
of New.net Policies, in contravention of the laws of
any jurisdiction where the Domain Name is accessible,
or for any unlawful purpose, including, but not limited
to, child pornography, child entrapment or abuse, advocacy
of hatred, bigotry or violence towards persons or groups
on the basis of their religion, race, ethnicity, gender,
sexual orientation or other characteristics, the ft
of e-mail service, or as a source of unsolicited bulk
e-mail or as an address to use for replying to unsolicited
bulk e-mail.

- You will register and use, display and exploit the
Domain Name in good faith, in accordance with international,
federal, and state laws and regulations.

- You will not use the Domain Name to infringe upon
or dilute the trademark or other rights of any third
party.

In the event you breach this Section 8, New.net shall have
the right to terminate this Agreement and/or cancel, suspend,
transfer or modify your registration of the Domain Name
immediately without prior notice.

- Registrant's Representations and Warranties.
You represent and warrant that:

- you have all requisite power and authority to execute
this Agreement and to perform your obligations hereunder;

- if you are registering the Domain Name on behalf of
a third party, you have the authority to bind that third
party as a principal party to all terms and conditions
provided herein;

- to the best of your knowledge, neither the registration
of the Domain Name nor the manner in which you intend
to use the Domain Name will directly or indirectly infringe
or dilute the legal rights of any third party;

- you understand that use of the Domain Name may be
subject to applicable laws and regulations in all jurisdictions
in which the Domain Name is used or accessible, including
those concerning trademarks and other types of intellectual
property;

- you understand that it is your obligation to determine
whether you have the right to use the Domain Name and
to determine whether your use of the Domain Name will
infringe upon or dilute the trademark or other rights
of any third party;

- New.net has not made any representation to you, and
you have in no way relied on any representations of
New.net, as to your legal ability to register or use
the Domain Name;

- you understand that use and transfer of the Domain
Name is subject to all terms and conditions of this
Agreement and any New.net Policies that are or may be
enacted by New.net;

- the information submitted by you to New.net is true,
accurate and correct, and you shall promptly notify
New.net of a change of any information previously submitted
to New.net;

- in the event you license the use of the Domain Name
registered to you to a third party, you agree that you
shall remain the Domain Name holder of record, and shall
remain responsible for all obligations under this Agreement,
including, but not limited to, payment obligations,
and providing and maintaining accurate required information;

- in the event you breach this Section 9, New.net shall
have the right to terminate this Agreement and/or cancel,
suspend, transfer or modify your registration of the
Domain Name immediately without prior notice; and

- in the event New.net suspends, cancels, transfers
or modifies your registration of your Domain Name or
terminates this Agreement pursuant to this Section 9,
you agree (without implying any limitation to the general
applicability of Section 3 to the other parts of this
Agreement) that you shall not be entitled to a refund
of any fees paid by you to New.net.

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- Additional Registrant Representations
and Warranties for ".kids" Extensions.
Applications to register Kids domain names are subject to
additional terms and conditions. First, all Domain Names
that are indicated as available may be reserved on a first-come,
first-served basis but may not be propagated or released
to you until they are reviewed by the official registry,
a process that may take up to 30 days. New.net currently
has a relationship with .KIDS Domains, Inc., under which
.KIDS Domains, Inc., and not New.net, is the official registry
for Kids domain names. The registry may refuse to release
any name it believes in its sole discretion is inappropriate.
You further understand that if the Domain Name includes
a "Kids" extension, the Web site associated with such Domain
Name will always be subject to compliance with the registry's
content guidelines (as they may be changed from time to
time, the "Guidelines") and the Children's Online Privacy
Protection Act ("COPPA"), that you agree that you will comply
with the Guidelines and with COPPA, that the Web site associated
with the Domain Name may or may not be required to be subject
to (and comply with) a compliance audit by or on behalf
of the registry, and may be required to be rated by or with
a content-ratings association (which may include, without
limitation, the Internet Content Rating Association). You
also understand that domain names ending in ".kids" are
intended to be "kid-friendly" and to take visitors to "kid-friendly",
COPPA-compliant and Guidelines-compliant content, as determined
by the registry. The registry and New.net each have the
right to terminate this Agreement and/or cancel, suspend,
transfer or modify your registration of the Domain Name
immediately without prior notice if the registry or New.net,
either individually, collectively or through a third party
regulation mechanism, determines in its sole discretion
that (i) the ".kids" Domain Name is lewd, offensive, obscene
or indecent or is not otherwise "kid-friendly" or (ii) the
Web site associated with the "Kids" Domain Name does not
provide "kid-friendly", COPPA-compliant, and Guideline-compliant,
content. In the event that the registration of the "Kids"
Domain Name is suspended, canceled, transferred or modified,
or this Agreement is terminated pursuant to this Section
10, you agree that you shall not be entitled to a refund
of any fees or other amounts paid by you to the registry,
New.net or any other business or person.

- New.net Makes No Representations and
Warranties.
ALL DOMAIN NAME REGISTRATION SERVICES PROVIDED BY NEW.NET
UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. NEW.NET MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,
IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION
SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT
PERMITTED BY LAW. WITHOUT ANY LIMITATION TO THE FOREGOING,
NEW.NET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER THAT REGISTRATION OR USE OF THE DOMAIN NAME UNDER
THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES
TO THE DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION
OR TRANSFER OF THE DOMAIN NAME. IN ADDITION, NEW. NET MAKES
NO REPRESENTATIONS OR WARRANTIES REGARDING ANY MINIMUM NUMBER
OF USERS WHO WILL HAVE ACCESS TO NEW.NET DOMAIN NAMES.

- Indemnification.
You agree to release, indemnify, defend and hold harmless
New.net, its parent, shareholders, subsidiaries, affiliates,
officers, directors, employees, agents and advisors from
and against any and all losses, liabilities, claims (including
claims without legal merit or brought in bad faith), demands,
damages, costs or expenses, causes of action, suits, proceedings,
judgments, awards, executions and liens, including reasonable
attorneys' fees and costs (whether brought by third parties
or otherwise) a rising from or in connection with this Agreement,
or your registration or use of the Domain Name (collectively,
the "Claims"). The Claims shall include, without limitation,
those based on infringement of intellectual property rights,
dilution, privacy rights, tortious interference with contract
or prospective business advantage, unfair competition, libel,
slander, defamation or injury to business reputation.

- Disclaimer; Limitation of Liability.
NEW.NET DISCLAIMS ANY OR ALL LOSS OR LIABILITY RESULTING
FROM, BUT NOT LIMITED TO, (a) NEW.NET'S REJECTION O F YOUR
APPLICATION TO REGISTER THE DOMAIN NAME; (b) ERRORS RELATED
TO PROCESSING OF YOUR APPLICATION TO REGISTER THE DOMAIN
NAME; (c ) APPLICATION OF THE DISPUTE POLICY; (d) USE OR
INABILITY TO USE THE DOMAIN NAME; (e) SUSPENSION , TERMINATION,
CANCELLATION OR OTHER LOSS OF YOUR REGISTRATION OF THE DOMAIN
NAME, OR (f) EVENTS BEYOND NEW.NET'S REASONABLE CONTROL.
UNDER NO CIRCUMSTANCES SHALL NEW. NET BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, EVEN IF NEW.NET HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL NEW.NET'S MAXIMUM AGGREGATE
LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU TO NEW.NET.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN
SUCH STATES, NEW.NET'S LIABILITY IS LIMITED TO THE EXTENT
PERMITTED BY LAW.

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- Breach and Revocation.

- New.net reserves the right to suspend, cancel, transfer
or modify your registration of the Domain Name and/or
terminate this Agreement in the event you materially
breach this Agreement or other New.net Policies and
do not cure such breach within thirty (30) days of notice
by New.net, except where this Agreement provides that
New.net may take such actions immediately without prior
notice to you.

- You agree that New.net shall have the right in its
sole discretion, to suspend, cancel, transfer or otherwise
modify your registration of the Domain Name in the event
New.net receives a properly authenticated order from
a court of competent jurisdiction, arbitration award,
or pursuant to any World Intellectual Property Organization
("WIPO") procedure, requiring the suspension,
cancellation transfer or modification of your registration
of the Domain Name. In the event New.net suspends, cancels,
transfers or modifies your registration of the Domain
Name or terminates this Agreement pursuant to this Section
14(b), you agree that you shall not be entitled to a
refund of any fees paid by you to New.net.

- You agree the registration of the Domain Name is subject
to suspension, cancellation or transfer by New.net to
correct mistakes by New.net in administering or registering
the Domain Name or the New.net Policies within thirty
(30) days from the Registration Date. In the event we
cancel or transfer the Domain Name registration within
such thirty (30) day period, we agree to refund to you
any applicable fees you have paid. You agree that New.net
will not be liable to you for any loss or dam ages that
may result from our suspension, cancellation or transfer
of the Domain Name registration.

- Policy Modifications.
You agree that New.net shall have the right, in its sole
discretion, to modify the terms and conditions of this Agreement
or New.net Policies from time to time. Any modification
by New.net shall be binding and effective immediately upon
posting of the modified Agreement or modified New.net Policies
on New.net's Site, except for modifications to the Dispute
Policy, which shall be effective thirty (30) days from posting
on the Site. You agree to review New.net's web site from
time to time to be aware of any such modifications. If you
do not agree with any such modification, your sole remedy
is to terminate this Agreement (thereby canceling your registration
of the Domain Name) by providing New.net with notice of
your intention to terminate this Agreement. Not ice of your
termination shall be effective upon New.net's receipt of
such notice. You hereby agree that New.net will not refund
any fees paid by you to New.net in the event you terminate
this Agreement. By continuing to use the Domain Name after
a modification becomes effective, you agree to abide by
and be bound by such modification.

- Notices.
Notices to you may be made via voice messages, email or
regular mail. Notices to you shall be delivered in accordance
with the contact information you have provided. Notices
to New.net shall be delivered in writing to the following
address, unless we post a different address at New.net's
Site, in which case notices to New.net shall be delivered
to that address: New.net, Inc., 76 N. Fair Oaks, Pasadena,
CA 91103.

- Main Agreement.
This Agreement is intended by New.net and you to be binding
on both of us with respect to each New.net domain name you
register with New.net. Although you need only accept this
Agreement once, New.net and you agree that each domain name
purchase shall constitute a separate transaction between
us governed by an identical copy of this Agreement. In the
event this Agreement is deemed breached by either party,
is terminated by either party, or is found to be unenforceable
in whole or in part by any authority with jurisdiction,
with respect to a particular transaction, such event shall
not affect any other transaction or agreement between us.

- General.
This Agreement and the New.net Policies, together with all
amendments or modifications to all of them, constitute the
complete and exclusive agreement between you and New.net,
and supersedes all prior proposals, agreements or other
communications. This Agreement shall be governed by, construed
and enforced in accordance with the laws of the State of
California, without regard to its conflicts of law principles.
You shall bring any action under this Agreement only in
either the state or Federal courts located in Los Angeles
County, California. You expressly consent to the jurisdiction
of said courts. You hereby waive any right to object to
venue or jurisdiction based on inconvenient forum or for
any other reason and waive all rights, if any, to a trial
by jury. If any provision of this Agreement is held invalid,
unenforceable, or void, the remainder of the Agreement shall
not be affected thereby and shall continue in full force
and effect as nearly possible to reflect the original intention
of New.net and Registrant in executing this Agreement. The
failure of either party at any time to enforce any right
or remedy available to it under this Agreement with respect
to any breach or failure by the other party shall not be
a waiver of such right or remedy with respect to any other
breach or failure by the other party. A printed version
of this Agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to the Agreement to the same extent
and subject to the same conditions as other business documents
and records originally generated and maintained in printed
form.

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