1. AGREEMENT 

In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to Net 4 India Ltd. (hereinafter referred to as Net4India) and Services refers to the services provided by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. The clause 19 sets out the additional provisions specific to .biz; .asia; .me and .tel TLD domain name registration. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and by any pertinent rules or policies that are or may be published/ mailed by us.


2. SELECTION OF DOMAIN NAME

We cannot check and are not obligate to see whether the domain name you select/transfer, 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 be aware that if we are sued or threatened with lawsuit in connection with your domain name, we might turn to you to hold us harmless and indemnify us.


3. FEES PAYMENT AND TERM

As consideration for the Services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide current, complete and accurate information about you as required for the registration process and (2) 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"). You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration/Transfer Agreement ("Registration/Transfer Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the legal rights of any third party. The Registrant also represents that the Domain Name is not being registered/transferred for any unlawful purpose.

On the registration/transfer of a Domain name by Net4India, a default (php3) home page will be displayed that could contain the following information:

1. Name of the registrant
2. Email address of the registrant
3. Address of registrant
4. Logo of Net4domains.com (site from which the domain is registered)
5. Logo of Net4India (server on which domain is hosted initially)

Domain Name can be applied for a period of 1 to 10 years (minimum period 1 year but in case of .biz, .info and .asia minimum period 2 yrs.) from the date of the registration. You can apply for renewal of the registration for further period of 1 to 10 years on payment of renewal fees applicable at the time of re-registration, and terms and conditions as applicable at the time of re-registration. As a security measure all .in domain shall be under transfer lock and auth codes for unlocking the domain not due for renewal within 45 days shall be given to customer on request. In case the date of renewal is less than 45 days auth code for such domains shall be given to customer only after renewal. The payment for re-registration must be received at least 15 days prior to the date of expiry otherwise re-registration of the same domain name shall not be granted. You acknowledge and agree that Net4India cannot guarantee that you will be able to register or renew a desired domain name even, if an inquiry indicates that domain name is available, since Net4India cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by third party(s), or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further agree that Net4India may elect to accept or reject your application for registration or renewal for any reason at its sole discretion.

All payments are to be made in favour of "Net 4 India Ltd." payable at New Delhi and are to be sent at the mailing address as mentioned in clause 20 of this agreement by courier/registered post. No outstation cheques are accepted. At the back of the cheque / Demand draft you are required to mention your Order ID and domain name(s) you have booked against each order ID. In case payment is made by Credit Card then the registrant is required to send at the sole discretion of Net4India, where it deems fit a Confirmation Letter (see Annexure I) duly signed by him through fax/courier/registered post. Net4India reserves the right to stop the services, in case the confirmation letter as required is not received back within 10 days of allotment of Order ID Number.

Your domain name application, renewal application or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal or transfer fee or reasonable assurance of payment of the registration, renewal or transfer fee from some other entity (such reasonable assurance as determined by Net4India at its sole discretion).

In the event of a charge back by a credit card company or dishonor of cheque / demand draft in connection with your payment for the registration, renewal or registrar transfer request, you acknowledge and agree that the registration shall be transferred to Net4India as the entity that has paid the registration, renewal or transfer fee for that registration to registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal or transfer fee.

As per the ICANN Policy Registrar’s are not obligated to send reminder mails for a domain approaching expiry. It is the registrant sole responsibility to renew the domain name on timely basis. However We may send reminder mail to You for renewal, atleast thirty (30) days prior to the date when a renewal is due. (Though renewal reminder is automated, We owe no responsibility if we fail to notify prior to due date. You are requested to make the payment for renewal as and when due and further request not to rely on our mail for reminding you to make the payment). Domain renewal status can be checked by you from the control panel provided to you. No renewal fee will be accepted 90 days prior to expiry date. Should a renewal fee go unpaid within the time specified regarding renewal, the registration will be cancelled. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form. We will renew the registration for the term specified, 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 the registration, we will contact you to update this information and charge you accordingly.

In case the requisite payment is not received since it is due, then we can stop providing services to you and the stoppage of service due to non payment or any other reason attributable to you can not be held as " intent to cause wrongful loss or damage to the public or any person and neither it can be constructed to diminish the value or utility or affect you injuriously'. Discontinuance of service by Net4India due to non payment of dues or any other reason attributable to you does not amount to Hacking.


4. MODIFICATION OF AGREEMENT

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 our web site, or on notification to you by e-mail or regular mail as per the Notices clause of this agreement, Clause 20. You agree to review our 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 e-mail or regular mail as per the Notice clause of this agreement, Clause 20. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Domain Name Dispute Policy at any time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.


5. MODIFICATION TO YOUR ACCOUNT

In order to change any of your account information with us, you must use your CRN ID (that you were assigned when you opened your account with us) and Password (that you use to login to your panel). Please safeguard your Account Identifier i.e. the CRN ID and Password from any unauthorized use. In no event we will be liable for the unauthorized use or misuse of your CRN ID or Password. However processing of any transaction relating to your domain, may require certain modification, for which purposes you authorize us to modify you domain details for processing your requested transaction on your behalf. That such modification to your domain details will be restored back within 30 days from the date when the requested transaction has been successfully executed.


6. DOMAIN NAME DISPUTE POLICY

If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by ICANN Domain Name Dispute Policy ("Dispute Policy") which is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with the dispute policy. ICANN reserve the right to modify the dispute policy and the moment modified dispute policy is put in our web site, the modified dispute policy is applicable.


7. DOMAIN NAME DISPUTES

You agree that, if the registration or reservation or transfer 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 of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.


8. DOMAIN NAME RENEWALS AND DELETION POLICY

If you fail to renew your domain name, the domain names under Net4 will be renewed automatically by Net 4 India on your behalf for a period of one (1) Year. After auto renewal of your domain name by Net 4 India you will have a Renewal Grace Period of 38 days during which you may reimburse Net 4 its renewal fee and keep your domain name. That a Domain under Renewal Grace Period shall on expiry of 21st day be put on HOLD (i.e. domain gets disabled and all services like hosting/mailing gets stopped). If you do not reimburse Net 4 India such renewal charges during the renewal grace period your domain with Hold status shall be flagged for deletion on the 38th Day, after which you will have a 30-day redemption period during which you may pay Net 4 India Redemption fee and renewal charges and redeem your domain name from the Registry. The maximum redemption fee is INR 10,000/- and is subject to change under the terms of this agreement. If you do not redeem your domain name prior to the end of the Redemption Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.

Renewal Grace Periods and Redemption Periods vary for different ccTLDs. Please refer to the specific terms for the applicable ccTLD. In the event of a conflict between this paragraph and the ccTLD terms, the ccTLD terms shall control.


9. AGENTS

You agree that, if an agent for you (i.e., an Internet Service Provider, web designing company, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.


10. ANNOUNCEMENTS

We reserve the right to display/distribute any search results and/or advertising result in Pop-up, Pop-under, exit widows, expanding buttons or animations 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 search on the Internet.


11. LIMITATION OF LIABILITY

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). Our contractors and we shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your CRN ID or Password; (5) loss or liability resulting from errors, omissions, or mis-statements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. The registrant agrees that we will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or 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 we have been advised of the possibility of such damages. In no event our maximum liability shall exceed the amount of fees paid by you for the service/s hired by you.


12. INDEMNITY

You agree to release, indemnify, and hold us, our 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 Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with lawsuit by a third party, we may seek written assurances from you concerning your promise to indemnify us; 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.


13. INACCURATE OR UNRELIABLE DATA

You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to the registry operator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry operator concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.


14. RIGHT OF REVOCATION

Registrant agrees that registrar may delete a Registrant's domain name if any information required to be supplied by the Registrant under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information that registrar would likely consider material to its decision to approve this Registration Agreement.
Registrant further agrees that registrar may deny, cancel, suspend or revoke the registration of Registrant's domain name, or, suspend the delegation of Registrant's Domain Name, if it is reasonably determined by registrant in its sole discretion, that Registrant or any other person uses the domain name in connection with:
a) Any activity that infringes the intellectual property rights or other rights of third parties;
b) Any activity that defames or disparages any person; or
c) Any otherwise illegal or fraudulent activity


15. BREACH

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within five (5) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your e-mail account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.


16. NO GUARANTEE

You agree that, by registration or reservation or transfer of your chosen domain name, such registration or reservation or transfer does not confer immunity from objection either to registration, reservation, transfer or use of the domain name. The allotment of Order ID number and payment by you for your requested Domain Name does not ensure that your requested Domain name is registered. Your domain name is guaranteed as registered only when you receive a confirmation mail from us, confirming registration of your domain name.

17. DISCLAIMER OF WARRANTIES

You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Services is to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided immediately. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our e-mail service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein.


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 Services 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 Services within such thirty (30) calendar days 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 register you for other Services.


19. (A) SPECIFIC TO .BIZ TLD's

(1) .Biz Registrations: Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

To exchange goods, services, or property of any kind;
In the ordinary course of trade or business; or
To facilitate (i) the exchange of goods, services, information,
or property of any kind; or, (ii) the ordinary course of trade or business.

Registering a domain name solely for the purposes of
(1) selling, trading or leasing the domain name for compensation, or
(2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.

(II) .Biz Certification: As a .biz domain name Registrant, you hereby certify to the best of your knowledge that:

The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference please see: http://www.neulevel.biz/ardp/docs/reg_restrictions.html

The domain name Registrant has the authority to enter into the registration agreement; and the registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.

(III) Provision of Registration Data: As part of the registration process, you are required to provide the registry operator with certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number, if available; (ii) the name of an authorized person for contact purposes, in the case of a Registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary name server and any secondary name server(s) for the domain name; (iv) the corresponding names of those name servers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number, if available, of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number, if available, of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number, if available, of the billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Accreditation Agreement (the "ICANN Agreement"), available at ICANN's site.

Inaccurate or Unreliable Data: You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to the registry operator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry operator concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.

(IV) Domain Name Dispute Policy: If you reserved or registered a .biz domain name through the registry operator, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood, and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

The Start-up Trademark Opposition Policy ("STOP"), available at: http://www.neulevel.com/countdown/stop.html ; and

The Restrictions Dispute Resolution Criteria and Rules, available at: http://www.neulevel.com/countdown/rdrp.html .

The STOP sets forth the terms and conditions in connection with a dispute between a Registrant of a .biz domain name ("Registrant") with any third party (other than registry operator or registrar) over the registration or the use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service is a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.

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

(V) Domain Name Dispute Policy Modifications : You agree that the registry operator, in its sole discretion, may modify its dispute policy. The registry operator will post any such revised policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications.

(VI) Reservation of Rights. Net4India and the .biz registry operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Net4India and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Net4India and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

19. (B) SPECIFIC TO .ASIA TLD

The terms and conditions, and any applicable Published Policies of .asia Domain names by the DotAsia Organisation Limited(DotAsia), constitutes the entire agreement between US and YOU for the registration of the .asia Domain Name and supersedes all prior agreements, understandings and representations whether oral or written. This domain name registration agreement ('Registration Agreement') is submitted by you (‘The Registrant’) for registration with the Net 4 India Ltd ('The registrar') for the purpose of registering a .asia domain name with the registry (DotAsia Organisation Ltd).

I. Recital
a) Registrar: means and includes Net4 India Ltd
b) Registrant: means You the applicant
c) Registry/Registry Administrator: means and includes DotAsia Organisation Ltd
d) Charter Eligibility Declaration Contract: Is a Charter Eligibility Declaration (CED) contract that is designated to make the declaration that it meets the charter Eligibility for registering a .asia domain name. Such declaration is made by warrant and representation of the registrant.
(Click here to see Charter Eligibility Policies)

II. Registration
2.1 In addition to the above information which Registrant's must provide generally, as part of the application process for the different Sunrise and Landrush registration periods, Registrants must provide detailed information, and in some cases supporting documentation, to prove their eligibility for .asia domains during those particular phases. This information and documentation required varies, depending on the Sunrise or Landrush registration phase applied for, but includes those relevant to:
a) Various details relating to the Registrant's registration as an eligible entity;
b) Various details relating to the Registrant's registered trade or service marks;
c) Demonstrable usage of the registrant's registered trade or service mark (which may require documents certified by a Notary Public or legal practitioner); and
d) Various details relating to the locality of the Registrant and the CED Contact. Any documentation provided to the Registry Administrator must be provided in English language (or Registrant will need to arrange for a certified translation into English language).

2.2 The Registrant acknowledges and agrees that the registration data described above will be made publicly available by the Registry Administrator on the WHOIS directory.

2.3 If the Registrant is a natural person, the Registrant contact information published is restricted to the email address, unless the Registrant requests otherwise, and to the language selected for the dispute resolution rules and the Registrant agrees that he/she has been informed that Registrant may use a specific functional e-mail address for publication in the WHOIS directory as an alternative to using their personal e-mail address.

2.4 Registrant agrees to the use, copying, distribution, publication, modification and other processing of its personal data by the Registry Administrator and its designees and agents in a manner consistent with the purposes specified by DotAsia's Personal Data handling policies and with relevant local data protection and privacy laws and requirements.

2.5 Registrant warrants that it will immediately correct and update the registration information for its .asia domain during the term of this Registration Agreement.

2.6 Registrant grants Registrar and the Registry Administrator a non-exclusive, non-transferable, limited license to Registrant's registration data as required for the Registry Administrator's operation of the .asia registry.

III. Registrant Covenants
2.1 In addition to the above information which Registrant's must provide generally, as part of the application process for the different Sunrise and Landrush registration periods, Registrants must provide detailed information, and in some cases supporting documentation, to prove their eligibility for .asia domains during those particular phases. This information and documentation required varies, depending on the Sunrise or Landrush registration phase applied for, but includes those relevant to:
a) Various details relating to the Registrant's registration as an eligible entity;
b) Various details relating to the Registrant's registered trade or service marks;
c) Demonstrable usage of the registrant's registered trade or service mark (which may require documents certified by a Notary Public or legal practitioner); and
d) Various details relating to the locality of the Registrant and the CED Contact. Any documentation provided to the Registry Administrator must be provided in English language (or Registrant will need to arrange for a certified translation into English language).

2.2 The Registrant acknowledges and agrees that the registration data described above will be made publicly available by the Registry Administrator on the WHOIS directory.

2.3 If the Registrant is a natural person, the Registrant contact information published is restricted to the email address, unless the Registrant requests otherwise, and to the language selected for the dispute resolution rules and the Registrant agrees that he/she has been informed that Registrant may use a specific functional e-mail address for publication in the WHOIS directory as an alternative to using their personal e-mail address.

2.4 Registrant agrees to the use, copying, distribution, publication, modification and other processing of its personal data by the Registry Administrator and its designees and agents in a manner consistent with the purposes specified by DotAsia's Personal Data handling policies and with relevant local data protection and privacy laws and requirements.

2.5 Registrant warrants that it will immediately correct and update the registration information for its .asia domain during the term of this Registration Agreement.

2.6 Registrant grants Registrar and the Registry Administrator a non-exclusive, non-transferable, limited license to Registrant's registration data as required for the Registry Administrator's operation of the .asia registry.


IV. Acknowledgements, Agreements and Warranty
4.1 Registrant acknowledges and agrees with the following: (a) That it is Registrant's responsibility to ensure that the domain name is renewed. Registrant agrees, in addition to the indemnity above, to keep indemnified, release and hold harmless registrar and the Registry Administrator, their directors, officers, employees and agents, against any claim for damage or loss arising from any failure of Registrant's domain name to be renewed by Registrar.
(b) That the .asia domain names will initially be received and registered by the Registry Administrator during various different application phases, full details of which are located on the DotAsia website located at http://www.dotasia.org/.
(c) That registrar does not guarantee that any .asia domain name applied for by registrar on behalf of the Registrant will be successfully registered by the Registry Administrator. The Registrant acknowledges that it will not take any action in respect of its .asia domain name until the successful registration of that .asia domain name is confirmed in writing to the Registrant.
(d) That registrar will submit Registrant's application for a .asia domain in the phase that the Registrant selects on its application form.
(e) That there are certain pre-requisites to applying for a .asia domain (including, but not limited to, certain requirements for entity and trade mark names, types and registration dates, and the requirements for an eligible CED Contact) which are set out in the policies documents on the DotAsia website located at http://www.dotasia.org/.
(f) That there are strict timeframes for registration during the different Sunrise and Landrush phases and also strict timeframes for the submission of any necessary or requested supporting documentation (both at time of application and during the pre-registration verification period), and that it is Registrant's responsibility to ensure it is aware of and complies with these strict timeframe requirements.
(g) That it is the responsibility of the registrant to ensure that all the supporting documents pertaining to CED Contract shall reach the registrant along with photocopy of the Order Code receipt within 7days of generation of Order Code. Failing which Registrar will be bound to reject the applicant’s registration.
(h) That during the Sunrise and Landrush phases, certain application fees are payable, which are non-refundable.
(i) That there is only very limited scope and opportunity to amend material provided in an application for a .asia domain or request reconsideration of a rejected/failed application for .asia domain registration, details of which are set out in the policies documents on the DotAsia website located at http://www.dotasia.org/.
(j) That registrar is only responsible for submitting the initial domain application to the Registry Administrator and that you (as the applicant/Registrant) are responsible for all other correspondence with the Registry Administrator, including the submission of supporting documents to the Registry Administrator and making any application to the Registry Administrator for reconsideration of a failed application, unless registrar (or one of its related entities) has specifically agreed in writing to provide .asia domain registration services as part of broader corporate domain management services to you.
(k) That due to the fact that verification and registration of applications for domains in a previous phase of Sunrise may not have been finalised at commencement of subsequent phases, it is not possible to know which domains are actually still available at time of application for domain names and registrar is not responsible for ascertaining the availability of a domain.
(l) That at the time of application for a .asia domain, the applicant/Registrant must specify an Operations & Notifications (OPN) Contact to be the Registrant's contact person who the Registry Administrator will send communications regarding documentary evidence requests, auction invitations and reminders etc. regarding the domain application.
(m) That there will be no WHOIS service available for .asia domain names during the Sunrise period.

4.2 Registrant represents and warrants that:
(a) it will comply with all applicable standards, procedures, practices, laws, terms and conditions, regulations, rules and policies (including any registration prerequisites) of the Registry Administrator as updated from time to time on the DotAsia website located at http://www.asia.org/ ('Requirements') in respect of its .asia domain names;
(b) Neither the registration or renewal of a domain name, nor the manner in which it is directly or indirectly used, infringes the legal rights of a third party. Breach of this warranty will constitute a material breach;
(c) It meets and will continue to meet for the term of this Agreement the Charter Eligibility Requirements as set out in the Registry Policies of the Registry Administrator as updated from time to time on the DotAsia website located at http://policies.registry.asia/. Registrant warrants that it will comply with all requirements placed upon it by the Charter Eligibility Requirement and to provide appropriate evidence of such compliance as and when required by Registrar or the Registry Administrator;
(d) It complies with and will continue to comply with for the term of this Agreement the requirements, standards, policies, procedures and practices of the ICANN as updated from time to time on the ICANN website located at www.icann.org/general/consensus-policies.htm in respect of its asia domain names.
(e) It is of legal age and capacity to enter into this Agreement; and
(f) It will comply with all representations and warranties referred to in the Requirements.

4.3 Notwithstanding anything in this Registration Agreement to the contrary, the Registry Administrator (DotAsia) is and shall be an intended third party beneficiary of this Registration Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third party beneficiary rights of DotAsia have vested and that DotAsia has relied on its third party beneficiary rights under this Registration Agreement in agreeing to Net 4 India Ltd being a registrar of the .asia TLD. Additionally, the third party beneficiary rights of DotAsia shall survive any termination or expiration of this Registration Agreement.

4.4 Registrant agrees to nominate one natural person or legal entity (the 'Charter Eligibility Declaration Contact' or 'CED Contact') as a contact designated to make a declaration that the Registrant meets the Charter Eligibility Requirement for registering the .asia domain name requested (i.e. is a legal entity within the DotAsia Community). Registrant acknowledges that Net 4 India Ltd will become the Charter Eligibility Declaration (CED) Contact (the “CED Contact”) for the Registrant for the limited purpose mentioned in .asia CED Contact Service Terms and Conditions. Registrant acknowledges that there are risks associated with engaging a third party to be its CED Contact, in the same way there are risks associated with providing a third party with any

4.5 The Registrant accepts, represents and warrants that it has made known to the CED contact, and the CED Contact has agreed, that that the Registrant and the CED Contact will be jointly defined as the 'Registered Name Holder' and will be jointly responsible for the Registrant's .asia domain name in relation to domain disputes and other related disputes. The CED Contact is specifically expected to respond and acknowledge dispute proceedings and refer the dispute to the Registrant. The Registrant acknowledges that, regardless of the nomination of a CED Contact and any arrangements or understanding with that CED Contact, the Registrant shall nevertheless remain the operating contact for all operations and liabilities regarding the use of the domain, including but not limited to domain transfer and updates, or in other words be solely regarded as the Registered Domain Holder for general purposes.

4.6 The Registrant acknowledges, and warrants that it has made known to the CED contact, and the CED Contact has agreed, that information submitted for the CED Contact will be publicly accessible on WHOIS databases (with the exception of identification numbers [i.e. for passports] etc).


V. Dispute Policy
a) Registrant agrees to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ('UDRP') and ICANN's Charter Eligibility Dispute Resolution Policy ('CEDRP').
b) Registrant agrees that its .asia domain name registration is subject to the terms of the Registry Administrator's current domain name dispute resolution rules and policies as updated from time to time on the DotAsia website located at http://www.dotasia.org/ . Registrant acknowledges that it has read and understood and agrees to be bound by the terms and conditions of the dispute resolution rules of the Registry Administrator (as amended from time to time).
c) Registrant agrees that Registry Administrator may modify its .asia domain name dispute resolution rules as described in paragraph (a) by posting any revisions to the policy on the DotAsia website located at http://www.dotasia.org/. Registrant agrees that by maintaining the reservation or registration of its .asia domain name after modifications to the dispute resolution rules become effective, it has agreed to the modifications.
d) Registrant agrees that if use of its .asia domain name registration is challenged by a third party, it will be subject to the provisions of the .asia domain name dispute resolution rules as described in paragraph (a) (as updated from time to time), including any .asia registry policies incorporated by reference (if any). Registrant agrees that if the Registry Administrator is notified that a complaint has been filed with a judicial or administrative body regarding Registrant's use of a .asia domain name registration, Registrant agrees not to make any changes to its domain name record without the approval of the Registry Administrator. Registry Administrator may not allow Registrant to make changes to such domain name record until:
i. Directed to do so by the judicial or administrative body, or
ii. It receives notification by Registrant and the other party contesting the registration that the dispute has been settled.
e) Registrant agrees that if it is subject to litigation regarding registration and use of its .asia domain name registration, Registry Administrator may deposit control of the domain name record into the registry of the judicial body by supplying a party with a certificate handing control of the domain name to the relevant judicial body from the Registry Administrator.

VI. Auctions
Registrant acknowledges that:
(a) Where there are two or more eligible (verified) applicants for the same .asia domain name during the Sunrise Phase 2, Sunrise Phase 3 and Landrush registration phases, all eligible applicants will be invited to bid for the Domain Name Applied For in an online auction, with the domain name will be awarded to the highest bidder. The applicant agrees to be bound by Pools terms and conditions as fully set out at http://www.dotasia.pool.com/terms.aspx
(b) Details of the auction process and requirements are set out in the .ASIA Sunrise Policies document on the DotAsia website located at http://www.dotasia.org/. Registrant warrants that it has read, understands and agrees to all auction processes, rules and requirements for the .asia auctions.
(c) Registrant will be solely responsible for all matters relating to any auction process it is invited to or participates in, and that registrar will not be liable and will not take part in any way (other than as required by its role as Registrar) in any such auction process, unless registrar (or one of its related entities) and Registrant have specifically agreed in writing that registrar (or one of its related entities) will provide .asia Sunrise auction services to Registrant as part of broader corporate domain management services provided to Registrant.


VII. Right of Refusal
Registrant acknowledges that the Registry Administrator policy may provide that registration of certain domain names is prohibited. Registrar, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Registrant. Registrant agrees that the submission of this Registration Agreement does not obligate registrar to accept this Registration Agreement. Registrant agrees that registrar is not liable for loss or damage that may result from registrar's refusal to accept this Registration Agreement.

VIII. Change in Registrar
Registrant agrees that it can change its registrar for an existing domain name only in accordance with Registry Administrator policy. Registrant agrees it may not change its registrar for a period of sixty (60) days after initial registration of the domain name with Net 4 India Ltd.

IX. Suspension, Cancellation, Transfer
Registrant agrees that registration of its domain name shall be subject to denial, suspension, cancellation, hold or transfer by any Registry Administrator procedure:
a) For the resolution of disputes concerning the domain name; or
b) In case of arbitration or court proceedings being commenced with respect to the rights to the domain name; or
c) To correct mistakes by registrar or the Registry Administrator or the Registry Services Provider in registering the domain name

X. Reservation by Registry Administrator
Registrant agrees that Registrar and Registry Administrator reserves the right to deny, cancel, hold or transfer any .asia domain name registration which either party deems necessary in its discretion: i. To protect the integrity and stability of the Registry;
ii. To comply with any applicable laws, government rules or requirements, request of law enforcement, or in compliance with any dispute resolution process;
iii. To avoid any liability, civil or criminal, on the part of Registrar or Registry Administrator, their directors, officers, employees and agents;
iv. Where there is a breach of this Agreement;
v. to correct mistakes made by Registrar or the Registry Administrator in connection with a .asia domain name registration. Registrar and Registry Administrator also reserve the right to freeze a domain name during resolution of a dispute.

19. (C) SPECIFIC TO .ME ccTLD's

You represent and warrant that you meet the eligibility requirements of .me ccTLD. You further agree to be bound by any registry rules, policies and agreements for .me ccTLD. available at http://www.domain.me/index.php?page=6 and the rules available and incorporated therein.

By registering the .me ccTLD with us you further agree to be bound by any registry rules, policies and agreements for .me ccTLD which are incorporated and made part of this agreement herein.

19. (D) SPECIFIC TO .TEL gTLD's

You represent and warrant that you meet the eligibility requirements of .tel gTLD. By applying to register a .tel domain name through Net4, you unconditionally accept and agree to be bound by all policies and terms and conditions for .tel Domain Names which includes the following documents, as issued and amended by the Registry from time to time: Sunrise Policy dated June 2008 (the "Sunrise Policy"), Sunrise Guide dated June 2008 (the "Sunrise Guide"), the Acceptable Use Policy dated June 2008 (Landrush) and the Acceptable Use Policy dated June 2008 (the "General Availability"), and any other related interpretive guidelines, which are available on the Registry website at www.telnic.com.

By registering the .tel gTLD with us, you further agree to be bound by any pertinent rules or policies related to .tel gTLD that are featured on our website www.net4.in or which may be amended/updated/published/ and or mailed by us to you from time to time; and have been also incorporated herein and have been made part of this agreement.


20. SEVERABILITY

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.


21. NON-AGENCY

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


22. HEADING

Heading used in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause or in any way affect this agreement.


23. NOTICE

You agree that, unless other instructions are posted on the Net4India'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 other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. Mail shall be sent to:

Net 4 India Limited
AB-11, Community Centre,
Safdarjung Enclave
New Delhi-110029
Fax No.- 91-11-41653217
Email- legal@net4india.net


24. NON-WAIVER

Our failure to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.


25. ENTIRETY

You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.


26. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to the jurisdiction to the National Capital Territory Region of Delhi.


27. INFANCY

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


28. ACCEPTANCE OF AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS AND AFTER AGREEING WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DISPUTE POLICY YOU ARE FILLING DOMAIN NAME REGISTRATION FORM. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.