TierraNet List of Agreements

Acceptable use policy

Content

You may not upload any material, transmit any message, link to any website, execute any program, or otherwise use our services or infrastructure to engage in any activity, that:

1. Infringes on any copyright, trade secret rights or patent rights of any third party;
2. Violates any law or regulation, including without limitation the laws and regulations governing export control;
3. Solicits the performance of any illegal activity;
4. Is defamatory or trade libelous;
5. Is pornographic, or obscene;
6. Contains nudity or adult matieral;
7. Contains discriminatory or hate propaganda;
8. Contains "warez", hacking-related material, or material which promotes the illegal distribution of software;
9. Contains viruses, Trojan horses, worms, time bombs, or cancelbots;
10. Contains any computer program or defect intended to damage a computer system or its data;
11. Attempts to gain unauthorized entry into another system or service;
12. Conceals the identity of a person or system, by forging headers, or spoofing IP addresses, for example;
13. Attempts to disable a system or service through the use of denial-of-service (DOS) attacks;
14. Collects ("harvests") email addresses from mailing lists, newsgroups, or websites;
15. Transmits unsolicited email in any amount;
16. Results in multiple complaints from third parties.

Email

You may not transmit, or solicit the transmission of, unsolicited email. You may not use unsolicited email to link to, or drive traffic to, any website we host, or any other service that we provide. We define "unsolicited email" to include:

1. SPAM;
2. Unsolicited commercial email (UCE);
3. Opt-out mailing lists;
4. Any message sent to a mailing list which was created by harvesting or collecting email addresses in any manner that does not obtain EXPLICIT permission from its recipient(s);
5. Any message sent in high volume for the purpose of disabling or annoying its recipient(s);
6. Any message that results in multiple complaints from its recipient(s).

Newsgroups

You may not post unacceptable content to any newsgroup, chatroom, or other public forum. We define "unacceptable content" to include any message or post that:

1. Is posted to the same forum ten or more times;
2. Is "cross-posted" to ten or more newsgroups;
3. Is posted for the purpose of promotion of any product or website;
4. Is posted in defiance of a newsgroup charter, forum rules, or FAQ;
5. Is posted in high volume for the purpose of disabling or annoying viewer(s);
6. Results in multiple complaints from forum users.

Resources

Shared Web Hosting share a common pool of resources, you may not monopolize our resources to the detriment of others. If your resource utilization approaches levels that might negatively impact other customers, we will notify you, and you will be required to reduce resource utilization, or purchase dedicated services. If your account severely impacts other customers, we may temporarily suspend your account without notice. You affect resource use in many ways, including:

1. The rate and complexity of CGI scripts that you execute;
2. The rate and complexity of database queries that you execute;
3. The volume and frequency that you use email, FTP, control panel, and other services;
4. The size and number of files that you upload to your website;
5. The number of hits that your website receives;
6. Your storage requirements, including email, database, and website storage.

Virtual Private Server Customers (VPS) share a common pool of resources, you may not monopolize our resources to the detriment of others. If your resource utilization approaches levels that might negatively impact other customers, we will notify you, and you will be required to reduce resource utilization, or purchase dedicated services. If your account severely impacts other customers, we may temporarily suspend your account without notice. You affect resource use in many ways, including:

1. The volume and frequency that you use email, control panel, and other services;
2. Your storage requirements, including email, database, and website storage.

Dedicated Server Customers share a common pool of resources, you may not monopolize our resources to the detriment of others. If your resource utilization approaches levels that might negatively impact other customers, we will notify you, and you will be required to reduce resource utilization, or purchase dedicated services. If your account severely impacts other customers, we may temporarily suspend your account without notice. You affect resource use in many ways, including:

1. The volume and frequency that you use email, control panel, and other services;
2. Your email storage requirements.

End-users only

Except as set forth in our partnership program rules, including reseller and affiliate programs, our services are provided for end-users only. You may not "subhost" or resell any of our services, for fee or for free, without our express written consent.

PCI compliance

TierraNet DOES NOT WARRANTY ANY services for PCI compliance. PCI compliance is the customer's responsibility. TierraNet may provide limited assessment, alternate service configurations, and consultation services at additional fees, to assist the customer in achieving PCI compliance. Please contact customer support for more information.

Violation

If you violate these rules, you may be subject to additional charges for the costs and time we spend on diagnostics and troubleshooting, corresponding with legal counsel, communicating with authorities, responding to complaints, removing files, deleting unsolicited correspondence, and/or suspending or terminating your account.

If we believe that you are violating, or have violated these rules, we may, at our sole discretion, immediately suspend or terminate your account without notice. If we terminate your account, this does not release you from liability for charges due and owing.

Billing terms

Payments

We accept credit cards (Visa, MasterCard, American Express, Discover), and eCheck. All payments must be in U.S. currency.

Checks & Wire Transfers: Because we do not activate new accounts until payment is received, we recommend that you pay using a credit card or eCheck. TierraNet is NOT responsible for delays in processing check payments sent by mail. Send check payments to: TierraNet Inc., PO BOX 502010, San Diego, CA 92150-2010. Or, send overnight payments by express mail to: TierraNet Inc., 14284 Danielson St, Poway, CA 92064. We accept wire transfers for amounts over two hundred dollars; a $10.00 processing fee applies. When selecting your wire transfer amount, please be sure to account for your own bank's processing fees.

If you send us a check that is returned unpaid (a "bounced check"), or if your credit card charge is disputed by the issuing bank (a "chargeback"), we will charge you a $25.00 processing fee, and assess the returned payment amount to your account. If we suspect fraud, we may immediately suspend your account without notice. If multiple payments from you are returned, we will require that you pay by cashier's check or money order.

Billing

For monthly recurring services, you may choose to be billed monthly (credit card only), quarterly, or annually. For all other services, pre-payment is normally required.

Regardless of your billing period, we will email you a statement in any month which shows recent billing activity. If you require a paper statement, you can print a PDF version of your statement from within your control panel.

If you elect to have us automatically charge your credit card, we will do so approximately 14 days after we send your monthly statement for Web Hosting, or 30 to 45 days prior to the expiration of your Domain Name for Domain Registration. We will keep your recurring credit card authorization on file until we receive written or explicit instructions from you indicating otherwise.

Delinquent accounts

If you fail to pay your bill within 30 days, we will assess a monthly late payment fee of 1.5% or $5.00, whichever is greater. This fee is considered liquidated damages, and is not a penalty.

If you fail to pay your bill within 60 days, we will assess an additional late payment fee, and we will suspend your account. We will not reactivate a suspended account until we receive payment in full, at which time it will be subject to a $10.00 account reactivation fee. Although we may suspend your account, you are not eligible for a pro-rated refund for the time that your account was suspended.

If you fail to pay your bill within 90 days, we will terminate your account, at which time all files, emails, settings, and configuration will be deleted.

Please see Terms For Domain Registration for more information about Domain Names.

Cancellation

When you add services to your account, you may receive special pricing for bundling services, selecting a longer term contract, or a volume commitment. For example, a discount may be given for annual contract or for the bundling of web hosting with domain registration or security products (SSL). If you request to cancel or alter your service in a manner that would break that commitment, we may, at our sole discretion: (a) reject your request, or (b) retroactively increase any and all special pricing that you received, to the pricing that you would have received had you not made such a commitment. If you cancel a bundled service which receives special pricing any other services on your account will revert to standard retail pricing.

In the event that you cancel your account or downgrade a service, we will pro-rate and refund any monthly fees that you paid for service not rendered. Fees for non-monthly-recurring services, such as setup and domain registration fees, are not refundable.

If you are owed a refund originating from a credit card payment, we will only issue the refund to that credit card. If you are owed a refund originating from any other payment type, we will send a company check to the billing contact that we have on file, within 30 days of your request.

Satisfaction guarantee

We offer a 30-day satisfaction guarantee only on monthly recurring services and corresponding setup fees, with certain exclusions. Domain registration fees, SSL Certificates, custom services, dedicated services are not eligible for our satisfaction guarantee.

Privacy policy

This privacy policy discloses the privacy practices for, and applies solely to information collected by, our website. It covers:

• What personally identifiable information is collected from you through our website, how it is used and with whom it may be shared;
• What choices are available to you regarding the use of your data;
• The security procedures in place to protect the misuse of your information;
• How you can correct any inaccuracies in the information.

Information collection, use, and sharing

We are the sole owner of the information collected on our website. We only collect information that you voluntarily give us via email, our control panel system, our online order forms, and/or other direct contact we have with you. We will not sell or rent this information to anyone. This information includes your name, address, phone number, fax number, email address, and credit card information required to establish service.

When you contact us, we will use your information to respond to your question, or to provide you with information regarding our services. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.

Unless you ask us not to, we may contact you via email, phone, fax, or mail in the future to tell you about specials, new products or services, or changes to our policies.

Your access to and control over information

To view and update the information that we have about you, please logon to your account control panel by visiting our website, and clicking the "Login" button.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Whenever we collect sensitive information, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a "closed-lock" icon at the bottom of your web browser, or by looking for "https" in the location bar of your web browser.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The systems in which we store personally identifiable information are kept in a secure environment.

Cookies

We use "cookies" on this site. A cookie is a small piece of data stored on your hard drive that help us improve your access to our site, and helps us to identify repeat visitors to our site. These cookies are primarily used to store configuration information in your account control panel, and never contain personally identifiable information.

Links to other websites

Our website contains links to other websites. Please be aware that we are not responsible for the content or privacy practices of such other websites. We encourage you to be aware when you leave our website, and to read the privacy policy of any other website that collects personally identifiable information.

If you feel that we are not abiding by this privacy policy, please contact us immediately.

Personal Data Statement for Domain Registration

Information you must provide. In visiting our site, you are required to provide information (a) to register a domain name, (b) to update information about a domain name previously registered, or (c) to submit questions about our service. To register a domain name, you are required to provide the name you are registering; your name and postal address (or those of the person for whom you are registering the name); technical information about the computer with which the domain name will be associated; and the name, postal address, e-mail address, and voice and (where available) fax telephone numbers for the technical, administrative, billing, and zone contacts for the domain name. Once the domain name has been registered, your registration agreement requires you to correct and update this data promptly. If you submit a question about our service, you will be asked to provide your name, telephone number, and e-mail address.

Why you must provide the information. The information you provide when registering a domain name (or correcting or updating registration information) is required to allow the Internet to associate the domain name with your computer, to allow us to properly handle your account (including notifying you at renewal time), and to permit others operating or using the Internet to easily contact you to resolve issues that arise in connection with the domain name. It will also be stored under a data escrow program to keep the domain name operating in the event we leave the domain-name registration business. When you submit a question to our website, contact information is needed so that we can respond.

Who will receive the information. We will provide information you submit in registering a domain name or updating related information to our own employees and consultants, to the administrator of the registry for the top-level domain in which you are registering (currently Network Solutions, Inc. for .com, .net, and .org), to operators and users of the Internet making Whois queries concerning your domain-name registration, to the Internet Corporation for Assigned Names and Numbers (ICANN) (which provides technical coordination for the Internet), and to escrow agents, auditors, Whois service providers, and replacement registrars that ICANN may designate.

In addition, unless you instruct us otherwise we may periodically provide your registration information to other companies for inclusion in value-added Internet database and search services.

Information you provide in asking questions about our service may be given to our employees and consultants and, upon its request, to ICANN.

Protection of your information. We will take reasonable precautions to protect your personal information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

Accessing, correcting, and updating information. You are required to correct any erroneous or out-of-date contact information concerning your registration. You can access the information you provide, correct it, and update it by visiting our website at http://www.domaindiscover.com/.

Information you provide about others. In providing personal information about other individuals (such as someone in whose name you are registering or the domain name's technical or billing contacts), you represent that you have notified them of the purposes for which the information will be used, the recipients of the information, and how they can access and correct the information, and that you have obtained their consent.

Terms for domain registration

Definitions

"You", "your", and "yours" refer to the person or organization purchasing the Domain Name.

"We", "our", and "ours" refer to TierraNet Inc. d/b/a DomainDiscover, an ICANN-accredited registrar which registers Domain Names in various TLDs.

"Domain Name" refers to any second-level or third-level domain of the Internet Domain Name System (DNS).

"Registry" refers to the applicable technical systems and processes which Registrars use to coordinate Domain Name registration.

"Registry Administrator" refers to the company that administers or operates the applicable Registry. This includes, but is not limited to:

Effective date

This agreement commences on the date that you request registration, transfer, or renewal of the Domain Name, or on the date that you make payment of registration fees for the Domain Name, whichever is later. This agreement applies separately to each Domain Name that you register.

Our responsibilities

As a registrar, it is our responsibility to register your Domain Name by submitting the Domain Name, contact information, nameserver information, and other information necessary for the creation and maintenance of the Domain Name, to the applicable Registry Administrator. It is also our responsibility to bill you for registration fees, to maintain your contact information, and to provide you with a means of updating your contact and nameserver information for the Domain Name.

Your reponsibilities

When you register a Domain Name, you are required to provide us with accurate and reliable contact information, including your full name, postal address, email address, voice telephone number, and fax number, if available. You must designate the legal owner of the Domain Name, and in the case that the owner is an organization, association or corporation, the name of an authorized person for contact purposes. It is your responsibility to promply correct and update this information throughout the term of the Domain Name registration.

If you willfully provide us with inaccurate or unreliable contact information, if you fail to promptly update information, or if you fail to respond within fifteen calendar days to our inquiries regarding the accuracy of the information you provide, this will constitute a material breach of this agreement, and will be sufficient basis for cancellation of the Domain Name.

Your representations

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 on the legal rights of any third party.

If you intend to license the use of the Domain Name to a third party, you are nonetheless the owner of record, and you are responsible for providing your own full contact information, and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Domain Name. If you license the use of the Domain Name according to this provision, you accept liability for harm caused by wrongful use of the Domain Name, unless you promptly disclose the identity of the licensee to a party providing reasonable evidence of actionable harm.

You agree that registration of the Domain Name is subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any Registrar or Registry policy not inconsistent with any ICANN-adopted policy: (1) to correct mistakes by any Registrar, Registry, or Registry Administrator; (2) for the resolution of disputes concerning the Domain Name; and/or (3) pursuant to an order issued by a court or arbitral tribunal.

You acknowledge and agree that you have the sole responsibility to protect and defend your Domain Name by appropriate legal action.

You acknowledge that you have read and understand DomainDiscover's Personal Data Statement and Domain Name Dispute Resolution Policy.

Expiration and Renewals

If your domain name is set to auto-renew your credit card will be charged between 30 to 45 days prior to its expiration date. If your Domain Name is NOT set to auto-renew or your credit card on file is declined you will receive a notice approximately 30 days and another notice approximately 7 days prior to its expiration. If you do not renew your Domain Name by its expiration date your domain name will be deactivated and may stop responding or its traffic redirected. After your Domain Name has expired you have 30 days in which you may still renew and reactivate your Domain Name by paying the renewal fee. 30 Days after your Domain Name has expired your domain will be deleted and will enter a Redemption Grace Period of 30 days in which you may pay an $80.00 redemption fee and the renewal fee to reclaim your Domain Name. 30 days after the beginning of the Redemption Grace Period (60 days after the expiration) your Domain Name will be released and may be registered by anyone.

Ownership

The person or organization that you designate as the legal owner of the Domain Name at the commencement of this agreement will be the legal owner of the Domain Name. Although we will accept changes to organizational contact information via the control panel, our record of the legal owner can only be changed by following our change of legal owner procedure: (1) you must pay any outstanding balance on your account; (2) you must send us a signed form describing your intent to relinquish ownership of the Domain Name to another party; (3) you must establish your identity as the current legal owner; (4) you must pay a $25.00 processing fee; (5) the new Domain Name owner must indicate their acceptance of the terms of this agreement.

Domain name dispute resolution

You agree to be bound by our Domain Name Dispute Resolution Policy.

Indemnification

You agree to indemnify and hold harmless the Registry Administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fess and expenses) arising out of or related to the Domain Name registration.

Additional terms for .biz domain names.

Additional terms for .name domain names.

.name RESTRICTIONS

Registrations in the .name TLD must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

.name CERTIFICATIONS

As a .name domain name Registrant, you hereby certify to the best of your knowledge that:

Personal Name domain names and Personal Name email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding. According to the Eligibility Requirements, the following categories of Personal Name Registrations may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name; (iii) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names.

The ERDRP applies to challenges to (i) registered domain names and email address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations within .name.

The UDRP applies to complaints by trademark or service mark owner concerning the registration and use of an Internet domain name registered by a Registrant.

DOMAIN NAME DISPUTE POLICY MODIFICATIONS

You agree that the Registry Operator may modify the dispute policy from time to time. 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 or .name email address 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 modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

DOMAIN NAME DISPUTES

You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our 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 DomainDiscover harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled.

.NAME EMAIL

US Name Server Requirement

The name servers listed in connection with the .us domain name must be located within the United States.

Additional terms for .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;
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;
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 TierraNet 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.
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;
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;
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;
Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP");
Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name;
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.
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.
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.
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.

Registrant acknowledges and agrees 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.

Domain Name Dispute Resolution Policy (UDRP)

1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
   1. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
   2. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
   3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)
   We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
   
   This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a "Provider").
1. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
1. your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
2. you have no rights or legitimate interests in respect of the domain name; and
3. your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

5. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
6. 1. circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
   2. you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
   3. you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
   4. by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your website or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your website or location or of a product or service on your website or location.
7. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
8. 1. before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
   2. you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
   3. you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
9. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
10. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
11. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
12. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
13. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
14. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
15. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
16. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
17. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
18. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
19. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
20. Transfers During a Dispute.

1. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
2. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
3. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at /new_dispute.html at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

Digital Millenium Copyright Act (DMCA)

For problems arising under the Digital Millennium Copyright Act, please contact us at:

TierraNet
PO BOX 502010
San Diego, CA 92150-2010
(858) 560-8120
(858) 560-9417 (fax)
support@tierra.net

Or, contact our registered agent:

Robert K. Peddycord, Esq.
Knight & Peddycord
169 Saxony Road, Suite 202
Encinitas, CA 92024

Termination and Suspension

TierraNet may, at its sole discretion, terminate the user's account at any time with or without cause. TierraNet also may, at its sole discretion, suspend a user's account at any timewith or without cause. Termination or suspension for cause does not release the user from liability for charges due and owing.

TierraNet may delete all data, files or other information that is stored in user's account upon termination. If payment has not been made pursuant to these terms and conditions, TierraNet may exercise it's right to delete data files stored in the user's account. TierraNet may, at its sole discretion, terminate or suspend any user's account in order to satisfy the safe harbor provisions of the Digital Millennium Copyright Act. TierraNet reserves the right to cancel service at any time for any reason. Should TierraNet cancel service, prepaid monthly fees for service not rendered will be prorated and refunded.

Customers may cancel their accounts at the end of their billing period, or on an even month. In this case, prepaid monthly fees for service not rendered will be prorated and refunded.

TierraNet reserves the right to change its policies or prices at any time. Prices are guaranteed for the period of pre-payment only.

Terms for Private Domain Registration

Description of service

Whois database: When you activate the Private Domain Registration service on your domain, we will stop listing your name, company, address, phone, fax, and email address in the public whois database. Instead, we will list the domain name as the registrant (e.g. domain.com), and we will list the following information in the public whois database:

Postal Mail: We will list our Private Domain Registration service postal address in the public whois database. When we receive mail at this address, we will discard all second class and standard (also known as bulk or third class) mail without review. At our sole discretion, any remaining first class, certified, express mail, or other mail requiring signature will be opened and reviewed. We will then make a determination as to whether to forward or discard this mail.

If we deem the mail to be appropriate to forward, we will scan the mail and email it to you, and we will keep the original for 7 calendar days. During this time, you may request that we forward the physical mail to you, subject to additional postal and processing fees. In the event that we receive a piece of mail which cannot be scanned, we will attempt to contact you for instructions, or we will return to sender or discard the mail, at our sole discretion.

Email: We will create and maintain a unique proxy email address for each domain, and will list this email address in the public whois database. When we receive email at that address, we will filter it at our sole discretion, for spam, junk mail, and viruses, and we will then forward any remaining email to your private email address.

Phone Calls: We will list our Private Domain Registration service phone number in the public whois database. This number will be answered by an automated recording that will instruct callers to contact you using the Private Domain Registration service postal address or email address that is listed in the public whois database.

Fees

The Private Domain Registration service is billed annually, and synchronized with the month and day of the corresponding domain's expiration date. In addition to this fee, we will charge postage and handling fees, at our discretion, to handle and/or physically forward any mail when you request that we do so. We will also charge additional administrative fees, at our discretion, which may arise from the handling of complaints, from excessively high volumes of mail, or from disputes or legal processes regarding your domain name. These fees will automatically be billed to your payment method on file. Any failure to pay these fees will result in the immediate termination of the Private Domain Registration service, and, at our discretion, the suspension of all services related to your account.

Your representations

By subscribing to the Private Domain Registration service, you authorize us to open and review all mail received on your behalf.

Although it will not be displayed in the public whois database, you agree to maintain current and correct personal information (name, postal address, phone number, and email address) in your control panel for administrative, billing and technical contacts. You will continue to be bound to the “Terms for Domain Registration” listed above.

You understand that, although it will not normally be displayed in the public whois database, we have the right to furnish your personal information to anyone at any time. Therefore, you agree that you will not use this service to shield from public knowledge any illegal or illicit activity, to evade or otherwise protect your identity from authorities, or in situations where the release of your personal information would compromise your safety.

Termination of service and disclosure of your personal information

We may terminate this agreement and/or disclose your personal information at our sole discretion at any time for any reason, including but not limited to the following situations:

1. You violate any of the terms of this agreement or your domain name registration agreement.
2. You or your domain name are involved in any legal proceeding or dispute
3. The information is requested by an agent of law enforcement, a court, or other government agency.
4. You or your domain name are involved in any process related to ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP).
5. Your domain name is in the process of being transferred to or from another registrar.
6. Your domain name is in the process of changing ownership. g. We receive any reasonable complaint from a third party, to be decided at our sole discretion.
7. You fail to pay the Private Domain Registration service annual fee or any additional administrative fees related to your domain name.
8. You fail to pay your account balance in a timely manner, or a payment is returned unpaid.
9. You fail to respond to any request within 48 hours. Any change in the law, or ICANN policy.

Upon termination, we will reveal all contact information upon request and make it available in the public whois database.

Additional terms and conditions

The Private Domain Registration service IS NOT a general mail forwarding service. You may not give out our address, phone numbers or the unique proxy email address to any third party for the purpose of contacting you. The Private Domain Registration service is intended to be used solely by third parties trying to contact you by looking in the public whois database. We WILL NOT act as a relay for correspondence; if you have been contacted by a third party using this service and you wish to respond, you must do so directly using your own private contact information.

We are not responsible for any failure to forward communications to you from any third party. We are not responsible for any event that occurs as a result of us releasing your contact information at our discretion. Under no circumstances will we liable for any more than the Private Domain Registration service annual fee.

This agreement is not valid for .US domain names.

This agreement may be changed at anytime without notice.