1. Domain Name Registration, Administration, and Renewal Services
   1. .biz, .com, .com.cn, .info, .net, .net.cn, .org, .org.cn, .us Registrations and Renewals

      4Domains.com is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .biz, .com, .com.cn, .info, .net, .net.cn, .org, .org.cn, .us TLDs. ICANN oversees the .biz, .com, .com.cn, .info, .net, .net.cn, .org, .org.cn, .us global top level domains ("gTLDs").  4Domains.com accepts applications to register and renew domain names with .biz, .com, .com.cn, .info, .net, .net.cn, .org, .org.cn, .us gTLDs in both roman-alphabet languages and non-roman alphabet languages (e.g., Japanese, Chinese, and Korean).

      As an accredited domain name registrar, 4Domains.com is, upon accepting your application to register or renew a domain name with a .biz, .com, .com.cn, .info, .net, .net.cn, .org, .org.cn, .us gTLD, your sponsor for that application.  All .biz, .com, .com.cn, .info, .net, .net.cn, .org, .org.cn, .us domain name registrations we register or renew are not effective until we have delivered the domain name registration or renewal information you provide us to the registry administrator for the .biz, .com, .com.cn, .info, .net, .net.cn, .org, .org.cn, .us gTLDs, as applicable, and the registry administrator puts into effect your domain name registration or renewal.  The registry administrator for the .biz gTLDs is NeuLevel, Inc. The registry administrator for the .com, and .net gTLDs is VeriSign, Inc. The registry administrator for the .info gTLDs is Afilias Ltd. The registry administrator for the .cn gTLDs is CNNIC. The registry administrator for the .us gTLDs is NeuStar, Inc. The registry administrator for the .org gTLDs is Public Interest Registry (PIR).

      You acknowledge that you have read, understood and agree to....

      1. Customer consents to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator, its designees, and agents in a manner consistent with performing the contracted services.

      2. Customer agrees to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");

      3. Customer is responsible for immediate corrections and updates to the registration information for the RegisteredName during the contracted registration term for the Registered Name.

      4. Customer understands that the Registrar (4Domains.com) will perform registry transaction services only for Customers who are in "Paid" or active contract status. Customers that are not in "Paid" contract status will be barred from updating Registrant Name information and all other registry transactions. Transactions such as updating domain contact information and registrar transfers will be completed if received by the Registrar before the end of the contracted term of service and in accordance with 4Domains.com security methods to confirm ownership.

      5. Customer acknowledges that Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating 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.

2. Domain Account: Value

   The 4Domains.com Domain Account Value provides you with the capability to forward visitors to a remote URL set by you (a "forward to address").

   You acknowledge and agree that your use of a Domain Account is subject to the terms of this Agreement.  You further acknowledge and agree that you may use your Domain Account Value to link your domain name to a forward to address, but you that you may not use Web Redirection for unlawful purposes, or for the forwarding of a domain name not registered in your name, or the forwarding to an unauthorized forward "address/URL".

   You agree and acknowledge that 4Domains.com may place advertising banners into any Web site(s) created with the Domain Account Value service.

3. Domain Account: Pro

   The 4Domains.com Domain Account Pro provides the ability to create and post Web sites ("User Web Sites").

   You agree and acknowledge that 4Domains.com allows one Web site per domain name.  You also agree and acknowledge that your use of the Domain Account Pro service is entirely at your own risk, and that 4Domains.com makes no implied or express warranties about the reliability of the Domain Account Pro service or Web sites created using the Domain Account Pro service.  You further agree and acknowledge that 4Domains.com is not responsible for any damage caused by loss of access to, or deletion or alteration of User Web Sites.

   You agree and acknowledge that you are fully responsible for your actions and User Web Sites, including, but not limited to any opinions and views expressed in those Web sites.  You further agree and acknowledge that 4Domains.com may remove or delete any User Web Sites or any portion thereof that 4Domains.com deems unacceptable for any reason, and may suspend or cancel without prior notice your access to and use of the Domain Account service for any violation of the terms and conditions in this Agreement, in 4Domains.com's sole discretion, and without prior notice to you.

   You agree to abide by all applicable local, state, national and international laws and regulations in connection with your use of the Domain Account service.

   1. Prohibited Conduct

      You agree that the following is a non-exclusive list of actions and User Web Sites that are not permitted:

      1. the uploading, posting or otherwise transmitting of any User Web Sites that are unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, adult in nature (erotica/porn/nudity), or racially, ethnically or otherwise objectionable;

      2. the impersonation any person or entity, including, but not limited to, a 4Domains.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

      3. the forgery of any headers or other manipulation of identifiers in order to disguise the origin of any User Web Site transmitted through the Domain Account service or the development of restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

      4. the uploading, posting or other transmittal of any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

      5. the uploading, posting or other transmittal any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

      6. the uploading, posting or other transmittal of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

      7. the uploading, posting or other transmittal of any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

      8. disrupting the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Domain Account service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

      9. intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

      10. "stalking" or otherwise harassing another;

      11. collecting or storing personal data about other users;

      12. promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.  This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;

      13. the use your User Web Sites as storage for remote loading or as a door or signpost to another home page;

      14. engaging in commercial activities without enrolling in 4Domains.com-approved affiliate programs.  This includes, but is not limited to, the following activities:
          offering for sale any products or services; soliciting for advertisers or sponsors; conducting raffles or contests that require any type of entry fee; displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services; and displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites.

      15. removing any of the advertising banners inserted into your User Web Sites;

      16. the placement of advertising banners into your User Web Sites apart from your logo, if any;

      17. exporting software or technical information in violation of U.S. export control laws;

      18. attempting to access the accounts of others, or attempting to penetrate security measures of 4Domains.com or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;

      19. sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients.  This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of 4Domains.com's service, 4Domains.com's equipment or any 4Domains.com electronic mail address;

      20. posting any MP3 format files;

      21. installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines that generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others;

      22. any resale or any exploitation for any commercial purposes of 4Domains.com services, including but not limited to, the Domain Account service, by any and all means unless approved in advance in writing by 4Domains.com.

      There is no fee associated with certain 4Domains.com Domain Account services, please check the Homepage for further details.

4. Electronic Mail

   4Domains.com's electronic mail service provides you with the capability to send and receive electronic mail via the Internet.

   4Domains.com has set no fixed upper limit on the number of messages you may send or receive through its electronic mail service; however, the storage space associated with your electronic mail account is currently set at 3 megabytes.  Notwithstanding the foregoing, 4Domains.com retains the right, at 4Domains.com' sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our electronic mail services to other customers and to protect our computer systems.  4Domains.com will, in our sole discretion, determine whether or not your conduct is consistent with (i) this Agreement, (ii) any 4Domains.com operating rules or policies, or (iii) any rules or policies of 4Domains.com's outsource contractor for email services, "Blueberry Hill Communications , Inc.", whose rules and policies can be found here, and 4Domains.com or Contractor may terminate your electronic mail service if your conduct is found to be unlawful, inconsistent with, or in violation of, this Agreement or such rules or policies.  By agreeing to the terms of this Agreement you acknowledge and agree that you are bound to Contractor's rules and policies, as may be modified and updated from time to time by Contractor or 4Domains.com. 

   You acknowledge that your use of 4Domains.com's electronic mail services, including the initiation or delivery of any unsolicited electronic mail messages, will use or cause to be used Contractor's equipment in the State of California and that violations of Contractor's rules and policies found by clicking here, may subject you, as applicable, to criminal or civil liability, including without limitation under California Business & Professions Code Section 17538.45.

   4Domains.com's electronic mail service is subject to scheduled and unscheduled outages which will impact your ability to use the electronic mail service.  We will use commercially reasonable efforts to restore the service after any unscheduled outages, and target scheduled outages for low activity periods to minimize service impact.

   In order to receive 4Domains.com's electronic mail service, we must host your domain name record.  If you transfer your domain name record to a third party in conjunction with a live Web site or for any other reason or allow your domain name registration to expire, you will no longer be able to use 4Domains.com's electronic mail service.  We will not refund fees, if any, you have paid for the electronic mail service if you elect to transfer your domain name record to a third party.

   Your right to use 4Domains.com's electronic mail service is personal to you.  You agree not to resell the electronic mail service, without the prior express written consent of 4Domains.com.

   4Domains.com will not monitor, edit or disclose the contents of your private communications with third parties unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the law or comply with legal process served on 4Domains.com; (2) protect and defend the rights or property of 4Domains.com; or (3) act under exigent circumstances to protect the personal safety of our customers or the public.

   You acknowledge and agree that 4Domains.com neither endorses the contents of any of your communications nor assumes responsibility for such content, including but not limited to any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

   You acknowledge and agree that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of electronic mail service; or (4) conform to other similar requirements.

   You are solely responsible for the content of your transmissions through 4Domains.com's electronic mail service.  You agree to comply with all applicable local, state, national and international laws and regulations regarding email communications and use.  You further agree: (1) to comply with U.S. law regarding the transmission of technical data exported from the United States through 4Domains.com's electronic mail service; (2) not to use the electronic mail service for illegal purposes; and (3) not to interfere with or disrupt networks connected to 4Domains.com's electronic mail service.

   You also agree not to use electronic mail service for sending chain letters, or any other electronic mail message to promote (directly or indirectly) the sale or other distribution of goods or services to a recipient with whom you do not have an existing or previous business or personal relationship or for any use of distribution lists to any person who has not given specific permission to be included in such a process.  You agree not to transmit through 4Domains.com's electronic mail service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

   You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.  Attempts to gain unauthorized access to other computer systems are prohibited.

   You agree not to interfere with another customer's use and enjoyment of the electronic mail service or another entity's use and enjoyment of similar services.

   Contractor, or its successor, shall be an intended third party beneficiary of 4Domains.com's electronic mail service customer's obligations under this Agreement and thus shall be entitled to enforce those obligations against you as if a party to this Agreement.

   4Domains.com may, at its sole discretion, immediately terminate the electronic mail service if your conduct fails to conform with these terms and conditions with no obligation to refund fees paid.  You agree that 4Domains.com shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of electronic mail service considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

5. Domain Management

   Domain Owners and Backroom Users have access to 4Domains.com's Domain Modification utility and backroom systems respectively.  If you are one of those users, you may use the Domain Management utility to modify the contact information for any .biz, .com, .com.cn, .info, .net, .net.cn, .org, .org.cn, .us domain name and delegation details registered through or administered by 4Domains.com, or registered by a 4Domains.com cobrand or other reseller.

   Those users with access to Domain Management utility may log into the utility at http://4Domains.com/, using the domain name and registry key/password established during the application process.  If you have a backroom user login (i.e., you have setup a bulk purchase backroom through 4Domains.com and have created a user name and password profile), you also have access to additional domain management resources for block processing/management.  If you have more than one domain name associated with a username and password, you will be able to login and perform edits on all domain names associated with that username and password.

   You acknowledge that the functionality of Domain Manager will differ based on the date of registration, as well as whether or not the domain name lists 4Domains.com's domain name servers as authoritative for the domain name.  You further acknowledge that any changes you make through Domain Manager may take as long as 72 hours to become effective.

   Access to login details related to an account can only be resent to the email address on file for the administrative contact, or by verifying private payment details related to the original purchase such as the credit card number.

6. Changes to this Agreement or to Additional Rules or Policies

   You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that 4Domains.com may modify this Agreement, as well as any additional rules or policies that are or may be published by 4Domains.com, as necessary to comply with 4Domains.com's ICANN agreement, or with any other agreements that 4Domains.com is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances.  Your continued use of any domain name registered through 4Domains.com shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by 4Domains.com, each with the new modifications.  If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar.  You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by 4Domains.com.

7. Information and Its Use

   You hereby acknowledge and agree that, in connection with your use of certain of 4Domains.com's services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate.

   Except as set forth below, all other information which we may request from you in connection with domain name registration, administration, and renewal services, and the Domain Account service is voluntary; however, not providing this information may prevent you from obtaining Services other than domain name registration, administration, and renewal services, or the Domain Account service.

   1. Domain Name Registration, Administration and Renewal Services

      The information you are obligated to provide and keep current in connection with your use of 4Domains.com's domain name registration, administration, and renewal services is the following:

      1. Your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder);

      2. The domain name being registered; and

      3. The name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration.

         You acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed.  If you do not wish to provide the new required information, the registration may be disabled if the data is not updated within 14 days of notification.

   2. Additional Information Maintained

      In addition to the information you provide, we maintain records relating to any domain name application received by 4Domains.com, as well as any domain name registered through, administered, or renewed by 4Domains.com.  We also maintain records relating to relating to other services that we provide to you.  These records may include, but are not limited to:

      1. The original creation date of a domain name registration, renewal, or request for service;

      2. The submission date and time of a registration or renewal application to us and by us to the proper registry;

      3. Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us;

      4. Records of your account, including dates and amounts of all payments and refunds;
      5. The IP addresses of the primary nameserver and any secondary nameservers for the domain name;

      6. The corresponding names of those nameservers;

      7. The name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name;

      8. The expiration date of a domain name registration; and

      9. Information regarding all other activity between you and us regarding your use of the services.

   3. Obligations Relating to the Information You Provide

      In the event that (i) in applying for the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

      You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration.  You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by 4Domains.com concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

   4. Disclosure and Use of Information

      You acknowledge and agree that 4Domains.com may make available information you provide or that we otherwise maintain to such public or private third parties as applicable laws require or permit.  You further acknowledge and agree that 4Domains.com may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws.

      You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any Services (including any updates to such information), whether during or after the term of your registration of a domain name or other Services.  You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by 4Domains.com.

      We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

      4Domains.com will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information.  4Domains.com will have no liability to you or any third party to the extent such reasonable precautions are taken.

   5. Communications

      Communications with 4Domains.com are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of 4Domains.com.

8. Ownership of Data

   You acknowledge and agree that 4Domains.com owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases.  Additionally, you hereby grant to 4Domains.com a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (a) the original creation date of a domain name registration, (b) the expiration date of a domain name registration, (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the Services.  4Domains.com does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this Section 9.

9. Agents and Licenses

   You agree that, if you are using the Services for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.  You accept liability for harm caused by wrongful use of the Services.

   You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.  As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.

10. System Performance Degradation

    4Domains.com depends upon a computer system that is responsive to the demands of the domain name registration process, and that provides timely information to 4Domains.com's customer service team.  Occasionally, 4Domains.com's computer system is subjected to exceptional volumes of incoming domain name registration requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of 4Domains.com's system processing and response time.

    Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming electronic messages, 4Domains.com reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high volume traffic.  4Domains.com will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system.  4Domains.com further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.

11. Limitation of Liability

    YOU AGREE THAT 4Domains.com and the registry administrator for your domain (.biz gTLDs is NeuLevel, Inc., .com, and .net gTLDs is VeriSign, Inc., .org gTLDs is Public Interest Registry (PIR), .info gTLDs is Afilias Ltd., .cn gTLDs is CNNIC, and .us gTLDs is NeuStar, Inc.) WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND 4Domains.com'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES.  4Domains.com ALSO WILL NOT 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 4Domains.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL 4Domains.com'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00)  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification of 4Domains.com

    You agree to defend, indemnify and hold harmless 4Domains.com and the registry administrator for your domain (.biz gTLDs is NeuLevel, Inc., .com, and .net gTLDs is VeriSign, Inc., .org gTLDs is Public Interest Registry (PIR), .info gTLDs is Afilias Ltd., .cn gTLDs is CNNIC, and .us gTLDs is NeuStar, Inc.) for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to (i) your use of the Services, including, but not limited to, your application for registration, registration, or renewal of any domain name registered in your name, and (ii) your use of any domain name registered in your name.  This indemnification is in addition to any indemnification required under the UDRP or any similar policy.

13. Representations and Warranties

    You represent that, to the best of your knowledge and belief, neither the registration of the domain name you have applied for nor the manner in which it is intended to be or is directly or indirectly used infringes the legal rights of a third party.  You further represent and warrant that all information provided by you in connection with your use of the Services is accurate and current.  THE SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in the introductory paragraph of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.  WITHOUT ANY LIMITATION TO THE FOREGOING, 4Domains.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. 

14. Suspension, Cancellation, Transfer or Modification

    You acknowledge and agree that 4Domains.com may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in 4Domains.com's sole discretion.  You also acknowledge and agree that 4Domains.com may suspend, cancel, transfer or modify your domain name registration if (a) you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by 4Domains.com, (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (c) you use your domain name in connection with unlawful activity.

    You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including 4Domains.com) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures.

    You also agree that 4Domains.com shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as 4Domains.com receives (x) a properly authenticated notification from a court of competent jurisdiction, or (y) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.

    Finally, you agree that 4Domains.com shall have the right in its sole discretion to cancel your domain name registration within thirty (30) calendar days of the creation date of that registration.

15. Governing Law

    Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, as if the Agreement was a contract wholly entered into and wholly performed within the State of California.

    Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration, any action to enforce this Agreement or any matter relating to your use of the 4Domains.com site shall be brought exclusively in the United States District Court for California, or if there is no jurisdiction in such court, then in a state court in Riverside County.  Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where 4Domains.com's headquarters are located, currently Palm Desert, C.A.

16. Notices

    You agree that, unless other instructions are posted on the 4Domains.com's Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for 4Domains.com posted on the 4Domains.com Web site.  All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

17. General

    You agree and acknowledge that any acceptance of your application for the Services and the performance thereof will occur at our offices in Palm Desert, California, the location of our principal place of business.

    You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection.

    Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

    The failure of 4Domains.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by 4Domains.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself.  In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.  4Domains.com 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 4Domains.com 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 4Domains.com.

18. Credit Card Charge-backs/Disputes

    Upon receipt of a credit card dispute all related services on an account will be subject to immediate disable. In response to a disputed transaction our accounting team will prepare written documentation to explain the charge to the merchant bank in question. If you are able to cancel the dispute with the merchant bank prior to our written response back to the bank a $25 service fee will be applied to your account PRIOR to reactivation, payable by cashiers check, money order, or wired funds. If a dispute is not withdrawn prior to our written response back to the merchant bank in question the service fee will be $75 to cover the service fees, staff time, and handling costs we incur. In this case the $75 service fee must also be paid by cashiers check, money order, or wired funds. Once written confirmation of a dispute has been received there will be a 5-15 business day cooling off period before service is reactivated depending on the payment method selected to resolve the service fee, and any delays we experience verifying that payment.

19. Domain Name Dispute Policy

    You acknowledge that you have read, understand and agree to be bound by all the terms and conditions of this Agreement, including our dispute policy and the ICANN Transfer Dispute Resolution Policy along with any new, different or additional terms, conditions or policies 4Domains, Inc. may establish from time to time.

INFORMATION FOR CALIFORNIA RESIDENTS:

Under California Civil Code Section 1789.3, California residents entitled to the following specific consumer rights information:

Pricing Information. Current rates for using the Services may be obtained by going to the pricing schedule on our Web site located at http://www.4Domains.com/ or any other Web site operated by 4Domains.com. 4Domains.com reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time. Domain Name Fees will not be refunded for any reason.

Domains registered after 1/1/2007 at 4Domains.com are charged the new pricing for domain name registrations of $8.95/year plus a $0.20 ICANN fee. Renewals from domain names registered on or after this date will have an annual renewal price of $8.95/year plus a $0.20 ICANN fee.

Renewals from domain names registered after 06/01/2006 and before 12/31/2006 will have an annual renewal of $19.95/year renewal for as long as the domain name is managed by 4Domains.com.

Renewals from domain names registered before 05/31/2006 will have an annual renewal of $25/year renewal for as long as the domain name is managed by 4Domains.com.

Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

Without exception, 4Domains.com and Contractor decry the practice of mass-mailing unwanted email solicitations of any type, regardless of content, and we will do everything within our power to reduce the flood of this type of traffic across the Internet.

Please read and understand the policies in the Mass Mailing Policy.

To this and similar ends, we have instituted the following policies (please also see our Glossary definitions below):

Unsolicited Bulk Email (popularly known as "spam")

• Any electronic mail customer who sends unsolicited advertisements or solicitations, commercial or otherwise, may have their account disabled and be disallowed further service.

• The electronic mail customer is responsible for ensuring that the services obtained from 4Domains.com and Contractor are used in an appropriate manner. Therefore, the electronic mail customer must take steps to manage the use of the services obtained in such a way that network abuse is minimized. The electronic mail customer must also make contact information publicly available, and must respond in a timely manner to any complaints.

• In extreme cases, 4Domains.com and Contractor operations personnel have the option to immediately disable any account in order to forestall further abuse or damage to email systems.

• Unsolicited advertisements or solicitations sent from other networks which reference email accounts hosted at Contractor shall be treated as if they originated from the account referenced, unless there is sufficient reason given for Contractor operations staff to believe that the message truly originated with some unrelated party.

• Likewise, postings made to the Usenet newsgroups or other online forums which reference email accounts hosted at Contractor, and are deemed to be inappropriate according to the local ethical standards of that forum, may be treated in the same manner as unsolicited bulk email above.

• As owner of the equipment and other resources utilized to provide services, Contractor has the legal right to block electronic communications from other entities on the Internet.

• Customers should be aware that such blocking or filtering may take place if deemed necessary by designated members of the Contractor operations staff (or a third party chosen by Contractor and made known to the Customer.) Whenever possible, the party being blocked shall be made aware of such action before it occurs.

• Services offered may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or of state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statue.

• 4Domains.com and Contractor reserve the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity.

• 4Domains.com and Contractor will not release any information regarding our customers (excepting that which is public knowledge, such as the WHOIS database) to any third party except upon presentation of a valid court order from a government or legal entity with proper jurisdiction. The customer agrees that 4Domains.com and Contractor's judgment as to the validity of any such order shall be considered proper and final.

• 4Domains.com and Contractor consider most instances of unsolicited bulk email to be a theft of services and reserves the right to prosecute originators of same in a court of law.

• 4Domains.com and Contractor reserve the right to collect damages (software, hardware, and man hours) if any harm is done to our network or equipment which requires repair or reconfiguration of any kind.

• If deemed appropriate by 4Domains.com and Contractor, the customer will be billed not less than $500 per individual complaint received by 4Domains.com and Contractor staff.

• In addition, 4Domains.com and Contractor reserve the right to collect punitive damages in recompense for any perceived loss of brand reputation.

  Nothing contained in this document shall be construed to limit action 4Domains.com or Contractor may take or remedies available to either of us in any way with respect to any of the described conduct. 4Domains.com and Contractor reserve the right to take any additional actions we may consider appropriate with respect to such conduct, including without limitation taking action to recover costs and expenses of identifying offenders and removing them from our network or systems, and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this Policy document. In addition, 4Domains.com and Contractor reserve at all times all rights and remedies available to us with respect to such conduct at law or in equity.

  Non-enforcement of any policy or rule herein does not constitute consent or waiver, and 4Domains.com and Contractor reserve the right to enforce such policy or rule at their sole discretion.

• "Customer" refers to the business entity that has contracted services with 4Domains.com.
• "Paid" status refers to a Customer whose services are within the contracted term of service and whose payment status is current.