This Domain Registration Agreement (hereinafter referred to as the "Agreement") sets forth the terms and conditions of your ("your" or "Registrant") use of PakNIC (Private) Limited  (hereinafter referred to as "PAKNIC " or "Registrar") domain name registration services (hereinafter referred to as "Services") to register an Internet domain name, or .NAME Defensive Registration, or .NAME Mail Forward (the "Order") that you have registered/reserved through or transferred to Registrar, your registration of that domain name, as well as other PAKNIC domain name related services (hereinafter referred to as "Services").   

In this Agreement "you", "your" and "Registrant" refer to each customer and "we", "us" and "our" refer to PakNIC (Private) Limited.   This Agreement explains our obligations to you, and your obligations to us in relation to each of our service including .NAME Defensive Registration and .NAME Mail Forward that you have registered/reserved through or transferred to Registrar ("Order"), directly or indirectly,  whether or not you have been notified about Registrar.   By selecting our service(s) you have agreed to establish an account with us for such services.   When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional PAKNIC service(s) or to cancel your PAKNIC service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions.  By using the service(s) provided by PAKNIC under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the accompanying Domain Dispute Policy and any pertinent rules or policies that are or may be published by PAKNIC.

This Agreement will become effective when accepted by PAKNIC or at the time order is placed.   PAKNIC may elect to accept or reject your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.

1.   Our Services.

 PAKNIC is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for  various Top Level Domain's (TLDs).   ICANN oversees registrations and other aspects of the TLDs.   As an accredited domain name registrar, PAKNIC is, upon accepting your domain name registration application, your sponsor for that application.  All domain name registrations we register for TLDs are not effective until we have delivered the domain name registration information you provide us to the Registry Operator ("Registry Operator") for the TLDs, as applicable, and the Registry Operator puts into effect your domain name registration.

You agree and acknowledge that PAKNIC is not liable or responsible in any way for any errors, omissions or any other actions by the Registry Operator arising out of or related to your application and receipt of, or failure to receive, a domain name registration.

2.   What We Do Not Do.  

We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others.   We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel.   You may wish to consider seeking one or more trademark registrations in connection with your domain name.   You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name.  You should also be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and to indemnify us.

3.  Fees.  

As consideration for the domain name registration services and/or other services provided by PAKNIC to you, you agree to pay PAKNIC, prior to the effectiveness of the desired domain name registration, the applicable service(s) fees for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration.   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.   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 determined by PAKNIC in its sole discretion).  As further consideration for the PAKNIC service(s), you agree to:

(a)   provide certain current, complete and accurate information about you as required by the registration process and ;

(b)   maintain and update this information as needed to keep it current, complete and accurate.  All such information shall be referred to as Account Information ("Account Information").   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, you agree and acknowledge that the domain name registration shall be transferred to PAKNIC as the paying entity for that registration to the Registry Operator.   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 up to or equal to $160 USD.   You will be notified via an email message or via your Account Information when renewal fees are due.   Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, your registration may be cancelled.  Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form.  We will renew your domain name for you provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified.  If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge you accordingly.

(c)   PAYMENT ISSUES: 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 your payment of fees for any Services, we and/or your Primary Service Provider may suspend access to any and all Accounts you have with us and/or your Primary Service Provider and all interests in and use of any domain name registration services, website hosting, and/or email services, including all data hosted on our systems and/or on the systems of your Primary Service Provider may be assumed by us or your Primary Service Provider, as the case may be, or may be terminated. We may reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fees and our then-current reinstatement fee set forth on the Pricing Page or otherwise communicated to you. Reinstatement of Services by your Primary Service Provider may be according to the terms between you and your Primary Service Provider relating to reinstatement. If you have an issue with credit card or other payment charges, you should contact your Primary Service Provider, first, and us, second, regarding the issue before you contact your credit card or other payment process company to request a charge back or reversal of the charges.

4.   Disclaimer and Uniform Domain Name Dispute Policy.  

If you request, reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by PAKNIC's current Disclaimer ("Disclaimer") and current Uniform Domain Name Dispute Resolution Policy ("Dispute Policy") including listed on ICANN website (http://www.icann.org/udrp/), both of which are published on our site and are incorporated herein and made a part of this Agreement by reference.  Certain disputes, as specified in the Dispute Policy, are subject to that Policy.  You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party.  You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold PAKNIC harmless pursuant to the terms and conditions contained in the Dispute Policy.

5.   Expiration And Renewal Of Services: It is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire and to maintain current and accurate credit card information should any Services be placed on"auto-renew." We and/or your Primary Service Provider will notify you when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Services, we may attempt to renew the Services a reasonable time before expiration, provided your credit card or other billing information is available and up to date. It is your responsibility to keep your billing information up to date and we are not required to, but may, contact you to update this information in the event that an attempted transaction is not processed successfully. Please note: for certain TLDs, the automatic renewal option is not available.

6.   Expiration of A Domain Name Registration: Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry's database, we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and we may either leave your WHOIS information intact or we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.

(a)   Reactivation Period Process. For a period of approximately 30 days after expiration of the term of domain name registration services, we may provide a procedure by which expired domain name registration services may be renewed. We may, but are not obligated to, offer this process, called the "reactivation period." You assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. We may, in our sole discretion, choose not to offer a reactivation period and we shall not be liable therefore. The reactivation period renewal process, if any, may involve additional fees which we and your Primary Service Provider may determine. We may make expired domain name services(s) available to third parties, we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or expired domain name registration services may be re-registered to any party at any time.

(b)  After the reactivation period, we may:

(i)  Discontinue the domain name registration services at any time thereafter without notice. In which case, certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. We may, but are not obligated to, participate in this process, typically called the "Redemption Grace Period" ("RGP"). We may, in our sole discretion, choose not to participate in the RGP process with respect to any or all of your domain name registration services and we shall not be liable therefore. If available, RGP typically ends between 30 and 42 days after the end of the reactivation period of the domain name services. The current RGP fee is set forth on the Pricing Page and does not include any registration fees that may also be due. We are not obliged to contact you to alert you that the domain name registration services are being discontinued; or

(ii)  Pay the registry's registration fee or otherwise provide for the registration services to be continued. In which case, we may then set the name-servers and the DNS settings for the domain name services, we may set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. We do not have to pay you any of the proceeds we may earn as a result. We are not obliged to contact you to alert you that the domain name registration services are being continued. The domain name will be designated as being in the extended redemption grace period ("ERGP"), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay the fee set forth on the Pricing Page plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you have abandoned the domain name services, and relinquish all interests and use of the domain name services; or

(iii)  If we auctioned the domain name services to a third party, we may transfer the domain name registration services to such third party. In which case, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services for a period of up to 42 days after the end of the reactivation period, as such reactivation period applied to you. We are not obliged to contact you to alert you that the domain name registration services are or were auctioned. We do not have to pay you any of the proceeds we may earn as a result of such an auction. To exercise your rights to recover auctioned domain name services, you must contact us and provide us with a certified letter addressed to "Expiration Recovery" and include documents setting forth your identity and address, which identity and address must be the same as the registrant as it was listed in the WHOIS information for the domain name services immediately prior to expiration, a copy of a commonly accepted (in the United States) picture ID (such as a drivers license or passport) which supports your identity and address claim, a front and back photocopy of the credit card you used to pay for Services and you must provide a statement authorizing payment of the reinstatement fee to such credit card, which amount is set forth on the Pricing Page, plus any registration fees. In doing so, you must provide us with sufficient time, in our sole discretion, to allow us to receive and evaluate your documents and to contact the auction winner prior to the end of 30 days after the end of the reactivation period of the domain name services.

7. Transfers.  

(a)   Transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP as described in Section 16 of this Agreement, as these policies may be modified from time to time. To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is required to transfer domain services in an EPP registry (such as .org). Alternatively, you should contact your Primary Service Provider/PAKNIC Reseller to have your domain name(s) services locked or unlocked or to obtain the EPP "AuthCode." If your Primary Service Provider/PAKNIC Reseller is unresponsive, you may contact us to have your domain name(s) locked or unlocked or to obtain the EPP "AuthCode" though we may first contact your Primary Service Provider/PAKNIC Reseller to request that the Primary Service Provider/PAKNIC Reseller address the request. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and loosing registrars as outlined in ICANN's transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire, in which event you may need to reinstate the transfer request following a redemption of the domain name, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.

(b)   We may place a "Registrar Lock" on your domain name services and this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed.

8. Ownership Of Information And Data:

We own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. We own the following information for those registrations for which we are the registrar:

(a)   the original creation date of the registration,

(b)   the expiration date of the registration,

(c)   the name, postal address, e-mail address, voice telephone number, and where available fax number of the registrant and all contacts for the domain name registration,

(d)   any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and

(e)   any other information we generate or obtain in connection with the provision of Services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.

9.  Modifications to PAKNIC's Registration Agreement and Dispute Policy.  

You agree, during the period of this Agreement, that we may:

(1) revise the terms and conditions of this Agreement; and

(2) change the services provided under this Agreement.  Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on PAKNIC's web site, or on notification to you by email or postal mail.  You agree to review PAKNIC's web site, including the Agreement, periodically to be aware of any such revisions.  If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by email at legal@paknic.com or postal mail at the address listed on the website.  Notice of your termination will be effective on receipt and processing by us.  You agree that, by continuing to use the PAKNIC services following notice of any revision to this Agreement or change in service(s), you will abide by any such revisions or changes.  You further agree that we, in our sole discretion, may modify our Dispute Policy at any time.  Your continued use of the domain name registered to you shall constitute your acceptance of this Agreement and the Dispute Policy with the new modifications.  You acknowledge that 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 agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy.

10. Account Information and Its Use.

a.  Information You Are Required to Submit.  

As part of the registration process, you are required to provide certain information and to update this information promptly as needed to keep it current, complete and accurate.  The information you are obligated to provide in connection with the domain name you are registering is the following:

i.  The name of the domain name being registered;

ii.  Your (or the domain name holder's) name, postal address, email address, voice telephone number, and (where available) fax number; and

iii.  The name, postal address, email address, voice telephone number, and (where available) fax number of the billing contact for the domain name; and

iv.  Valid payment information

You agree and acknowledge that when you renew your 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, your registration may not be renewed.

All other information which we may request from you at registration is voluntary.  However, not providing the requested information may prevent you from obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.

b.  Additional Information Maintained About Your Registration.  

In addition to the information you provide, we maintain records relating to your domain name registration.  These records may include:

i.  The original creation date of the registration;

ii.  The submission date and time of the registration application to us and by us to the proper Registry Operator;

iii.  Communications (electronic or paper form) constituting of registration orders, modifications, or terminations and related correspondence between you and us;

iv.  Records of Account Information for your domain name registration, including dates and amounts of all payments and refunds;

v.  The IP addresses of the primary nameserver and any secondary name servers for the domain name;

vi.  The corresponding names of those name servers;

vii.  The name, postal address, email address, voice telephone number, and (where available) fax number of the administrative contact for the domain name;

viii.  The name, postal address, email address, voice telephone number, and (where available) fax number of the technical contact for the domain name;

ix.  The expiration and renewal dates of the registration;

x.  Information and copies in electronic or paper form regarding all other activity between you and us and third parties relating to your domain name registration and related services.  

c.  Your Obligations Relating to the Account Information.  

In the event that, in registering the domain name, you are providing information about or on behalf of a third party, you hereby represent 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.  By registering a domain name or applying for services you also represent that the statements in its application are true and you also represent that the domain name is not being registered for any unlawful purpose.

You acknowledge that willfully providing inaccurate information or willfully failing to update (WHOIS) information promptly (either on PAKNIC Website or your Service Provider's Website) will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.  You further agree that your failure to respond within ten (10 ) calendar days to inquiries by PAKNIC concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

d.  Privacy Policy / Sharing of WHOIS Information:

Disclosure and Use of Registration Information.  You agree and acknowledge that PAKNIC will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the Registry Operator(s), and to other third parties as ICANN and applicable laws may require or permit.  You further agree and acknowledge that PAKNIC may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration 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 ICANN and applicable laws.  

Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that PAKNIC may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.

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 (including any updates to such information), whether during or after the term of your registration of the domain name.  You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration and other information by PAKNIC.

You may access your domain name registration information in our possession to review, modify or update such information, by accessing your account at our web site, or via a similar service.  In order to change any of your Account Information with us, you must use your account User Name and Password that you have with us.  Please safeguard your account User Name and Password from any unauthorized use.  You agree that any person in possession of your account User Name and Password will have the ability and your authorization to modify your Account Information.  In no event will we be liable for the unauthorized use or misuse of your account User Name or Password.  PAKNIC will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.  

11.  Ownership of Information and Data.  

You agree and acknowledge that PAKNIC 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 the domain name database.  You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, email address, voice telephone number, and (where available) fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of all name servers for the domain name, and the corresponding names of those name servers.  PAKNIC does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.

12.  Agents and Licenses.  

You agree that, if you are registering a domain name for or on behalf of 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 agree that if you license the use of the domain name registered to you 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 administrative, technical and billing contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.

13.  Announcements.  

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners.  These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

14.  Limitation of Liability.  

YOU AGREE THAT PAKNIC WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND PAKNIC'S CONTROL; (8) THE PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT USER NAME OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY.  PAKNIC 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 PAKNIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL PAKNIC'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN THREE HUNDRED FIFTY DOLLARS ($350. 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 EXTENT PERMITTED BY LAW.

15.  Indemnity.  

You agree to release, indemnify, and hold PAKNIC, its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the PAKNIC services provided hereunder or your use of the PAKNIC services, including without limitation infringement by you, or someone else using any PAKNIC service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any PAKNIC operating rule or policy relating to the service(s) provided.  When PAKNIC is threatened with suit by a third party, PAKNIC may seek written assurances from you concerning your promise to indemnify PAKNIC; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.  This indemnification is in addition to any indemnification required under the Dispute Policy, and additionally, shall survive the termination or expiration of this Agreement.

You further agree to indemnify, defend and hold harmless VeriSign, Inc.  (the Registry Operator for the . COM and . NET TLDs), and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your domain name registration.

16.  Representations and Warranties.  

YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN WHICH IT 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 DOMAIN NAME REGISTRATION IS ACCURATE.  ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS. " EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR IN PARAGRAPH 1 OF THIS AGREEMENT, WE MAKE 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, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.  WITHOUT ANY LIMITATION TO THE FOREGOING, PAKNIC 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.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

17.  Breach and Revocation.  

PAKNIC reserves the right to suspend, cancel, transfer or modify your domain name registration or suspend, cancel or modify other services we provide in the event (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by PAKNIC, (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, (c) you use your domain name in connection with unlawful activity, or (d) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement.  You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including PAKNIC) or Registry Operator procedures approved by an ICANN-adopted policy, (1) to correct mistakes by PAKNIC, another registrar or the Registry Operator in administering the domain name or (2) for the resolution of disputes concerning the domain name.

You also agree that PAKNIC shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as PAKNIC receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain name registration.

18.  Right Of Refusal.  

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other PAKNIC service(s), or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services.  In the event we do not register or reserve your domain name or register you for other PAKNIC service(s), or we delete your domain name or other PAKNIC service(s) within such thirty (30) calendar day period, we agree to refund your applicable fee(s).  You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other PAKNIC service(s).

19.  Governing Law.  

Except as otherwise set forth in the Dispute Policy with respect to disputes, 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 Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the PAKNIC site shall be brought exclusively in the United States District Court for the State of California, or if there is no jurisdiction in such court, then in a state court in Contra Costa County.

20.  Notices.  

You agree that any notices required to be given under this Agreement by PAKNIC to you will be deemed to have been given if delivered in accordance with the Account Information you have provided.

21.  Infancy.  

You attest that you are of legal age to enter into this Agreement.

22.  General.  

This Agreement, PAKNIC's Disclaimer and the Dispute Policy, together with all modifications, constitute the complete and exclusive agreement between you and PAKNIC, and supersede and govern all prior proposals, agreements, or other communications.  Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.  The failure of PAKNIC 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 PAKNIC 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 Policy 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 Policy unenforceable or invalid as a whole.  PAKNIC 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 PAKNIC as reflected in the original provision.  This Agreement, PAKNIC's Disclaimer and the Dispute Policy may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of PAKNIC.

Addendum Regarding .MOBI Domain Names

Registered Name Holder shall:

Indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement; (3.7)

Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement; (3.7.1)

Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotmobi"), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to PakNIC (Private) Limited being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement. (3.8.3)

Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; (3.8.1)

Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar; (3.8.2)

Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy; (3.8.4)

Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"); (3.8.5)

Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name; (3.8.6)

Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration 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 made during the limited industry launch or over a Sunrise Registration. (3.8.7)

Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute. (3.8.8.)

Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted. (3.8.9)

Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract. (3.9.1)