REGISTRAR TRANSFER AGREEMENT

This Registrar Transfer Agreement ("Agreement") sets forth the terms and conditions under which you, the domain name holder, may transfer your domain name registration to GKG.NET, INC. for any .com, .net or .org domain name. By checking the "I have read, understood and accept the GKG Registrar Transfer Agreement and Registration Agreement" box, you acknowledge and agree that you have read and agree to the terms and conditions of this Agreement, GKG's Registration Agreement, the accompanying dispute policy, and any rules or policies that are or may be published by GKG from time to time. The Agreements and Policies can be found at http://www.gkg.net/policies/transfer_agreement.html, and the accompanying Dispute Policy can be found at http://www.gkg.net/policies/dnd_policy.html.

Please note that this Agreement will become effective when accepted by GKG. GKG may elect to accept or reject your application for any reason at its sole discretion. If your transfer request is accepted, and your domain name registration is transferred to GKG, the Registration Agreement and Dispute Policy will apply to your domain name registration as will any other policy as listed at http://www.gkg.net/policies/index2.html.

  1. Terms of Transfer
    When you transfer your domain name registration to GKG you will be required to extend your existing registration for one year from the date your existing registration is set to expire, provided that the total unexpired term of a registration does not exceed ten (10) years. This additional year applies regardless of the period remaining on your current registration. You will not lose any of the time remaining on your current registration. Once the transfer has been authorized and processed, GKG shall immediately become the Registrar of record.

  2. Initiation of Transfer
    Only the authoritative holder of the domain name registration may initiate a request to transfer that domain name registration from another Registrar to GKG. The authoritative holder of the domain name will be recognized as the domain Registrant and/or the domain Registrant's authorized agent. By submitting the transfer request, you hereby represent that you have the full and complete authority as the holder of the domain name registration to initiate this transfer. GKG, at its sole discretion, may require you to provide documentation that proves that you are the authoritative domain name holder and that you have initiated this transfer request.

    The request to transfer a domain name registration from one Registrar to another may be denied (a) during the first 60 days after initial registration of the domain name with the original Registrar, (b) in accordance with circumstances described in the Domain Name Dispute Policy, (c) if there is a pending bankruptcy of the domain name holder, (d) if there is a dispute over the identity of the domain name holder, (e) by operation of law or (f) at the discretion of the then current Registrar.

  3. Fees
    As consideration for the transfer of the domain name registered in your name to GKG, you agree to pay GKG, upon submission of your registrar transfer application to GKG, the then-current fees set forth in the GKG Registrar Domain Transfer section found at http://www.gkg.net/transfer-in. GKG reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

    Your registrar transfer request will not be processed unless we receive actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from some other entity (such reasonable assurance as determined by GKG in its sole discretion).

    In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registrar transfer fee, you acknowledge and agree that the registration shall be transferred to GKG as the entity that has paid the registrar transfer fee for that registration to the applicable 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 registrar transfer fee and our then-current reinstatement fee, currently set at $200.

  4. Limitation of Liability
    YOU AGREE THAT GKG WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) INTERRUPTION OF BUSINESS, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (d) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (e) EVENTS BEYOND GKG'S REASONABLE CONTROL, OR (f) THE PROCESSING OF THE TRANSFER OF THE DOMAIN NAME REGISTERED IN YOUR NAME TO GKG. GKG ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GKG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GKG'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  5. Indemnification of GKG
    You agree to defend, indemnify and hold harmless GKG for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to breach of your representations and warranties hereunder or the transfer of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Services Agreement or Dispute Policy.

  6. Representations and Warranties
    You represent and warrant that all information provided by you in connection with the transfer of the domain name you are seeking to transfer is accurate and current. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE TRANSFER OF THE DOMAIN NAME YOU ARE SEEKING TO TRANSFER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

  7. Governing Law
    This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Texas, as if the Agreement was a contract wholly entered into and wholly performed within the State of Texas. Any action to enforce this Agreement or any matter relating to your use of the GKG site shall be brought exclusively in the United States District Court for the Southern District of Texas, or if there is no jurisdiction in such court, then in a state court in Brazos County.

  8. General
    You agree and acknowledge that any acceptance of your application to transfer the domain name registered in your name and the performance thereof will occur at our offices in College Station, Texas, the location of our principal place of business. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

    The failure of GKG to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by GKG of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. GKG will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of GKG as reflected in the original provision.

REGISTRATION AGREEMENT

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of GKG.NET, INC.'s ("GKG") domain name registration services to register an Internet domain name, as well as your registration of that domain name. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policies and any rules or policies that are or may be published by GKG from time to time at www.gkg.net/policies, ICANN standards, policies, procedures and practices as well as any registry operator standards, policies, procedures and practices established from time to time.
This Agreement will become effective when accepted by GKG. GKG may elect to accept or reject your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.

1. What We Do

GKG is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net and .org Top Level Domains (TLDs). ICANN oversees the .com, .net, .org, .info, .biz, .aero, .pro, .coop, .name and .museum TLDs. As an accredited domain name registrar, GKG is, upon accepting your domain name registration application, your sponsor for that application. All domain name registrations we register for .com, .net, .org and .info are not effective until we have delivered the domain name registration information you provide us to the registry administrator for the .com, .net, .org or .info TLDs, as applicable, and the registry administrator puts into effect your domain name registration.

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

You further agree to indemnify, defend 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 fees and expenses) arising out of, or related to, your domain name registration.


2. Fees

As consideration for the domain name registration services provided by GKG to you, you agree to pay GKG, prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the GKG price schedule for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. GKG reserves the right to amend, increase, or decrease fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance as determined by GKG in its sole discretion).

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to GKG as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee, currently set at US$200.

You will be notified when renewal fees are due. Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge you an administrative fee for services.

3. Transfer of Ownership

The entity named as the registrant contact at the time the controlling user name and password are secured shall be the account holder of the domain name. You agree that prior to the effectiveness of any transfer of ownership of your domain name to another entity, you will pay GKG the then-current fee set forth by GKG for the transfer of ownership of a domain name. You further agree that as a condition of any such transfer of ownership of your domain name, the entity to which you seek to transfer your domain name (the "Transferee") shall agree in writing to be bound by all terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances, and actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from some other entity (such reasonable assurance as determined by GKG in its sole discretion). You acknowledge and agree that if you attempt to transfer your domain name registration without paying GKG the then- current transfer fee set by GKG for the transfer of ownership of a domain name, or if the entity to which you seek to transfer your domain name fails to agree in writing to be bound by all terms and conditions of this Agreement, any such transfer will be null and void, and will result in your domain name registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain name. GKG does not charge a transfer fee now, nor does it expect to in the future.


4. Dispute Policies

You agree to be bound by the GKG Domain Name Dispute Policies (attached hereto as "Dispute Policies"), which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policies can be found at http://www.gkg.net/policies/dispute.html. Certain disputes, as specified in the Dispute Policies, are subject to those Policies. You agree that you will be subject to the provisions specified in the Dispute Policies in effect at the time your domain name registration is disputed by a third party, in the event such dispute arises. (You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold GKG harmless pursuant to the terms and conditions contained in the Dispute Policies.)

5. Changes to Registration Agreement and Dispute Policies

You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that GKG may modify this Agreement and the Dispute Policies if necessary to comply with its ICANN agreement, and any other Agreements that GKG is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of the domain name registered to you shall constitute your acceptance of this Agreement and the Dispute Policies with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policies.


6. Domain Name Registration Information and Its Use

  1. Information You Are Required to Submit. As part of the registration process, you are required to provide certain information and to update promptly this information as requested by GKG to keep it current, complete and accurate. The information you are obligated to provide in connection with the domain name you are registering is the following:
    1. Your name, postal address, or physical address (or if different, that of the domain name holder);
    2. The domain name being registered;
    3. The name, postal address, physical address, e-mail address, voice telephone number, and where available, fax number of the administrative contact for the domain name; and
    4. The name, postal address, physical address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name.

      You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed.

      All other information which we may request from you at registration is voluntary. However, not providing this information may prevent you from obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.
  2. Additional Information Maintained About Your Registration. In addition to the information you provide, we maintain records relating to your domain name registration. These records may include:
    1. The original creation date of the registration;
    2. The submission date and time of the registration application to us and by us to the proper registry;
    3. Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
    4. Records of account for your domain name registration, including dates and amounts of all payments and refunds;
    5. The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
    6. The corresponding names of those nameservers;
    7. The name, postal address, physical address, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name;
    8. The name, postal address, physical address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name;
    9. The expiration date of the registration;
    10. Miscellaneous information regarding all other activity between you and us regarding your domain name registration and related services.
  3. Obligations Relating to Provided Data. In the event that, in registering the domain name, you are providing information about a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

    You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond within fifteen (15) calendar days to inquiries by GKG concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
  4. Disclosure and Use of Registration Information. You agree and acknowledge that GKG will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that GKG may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws.

    Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that GKG may or must make available to the public or to private entities, and the manner in which such information is made available.

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

    You may access your domain name registration information in GKG's possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available at our Web site (http://www.gkg.net).

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

    GKG will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

7. Ownership of Data

You agree and acknowledge that GKG owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. GKG does not have any ownership interest in your specific personal registration information outside of its rights in GKG’s domain name database, or other rights specifically set out elsewhere herein.

8. Agents and Licenses

You agree that, if you are registering a domain name for someone else, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.

You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.

9. Limitation of Liability

YOU AGREE THAT GKG WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (f) EVENTS BEYOND GKG'S REASONABLE CONTROL; (g) THE PROCESSING OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE POLICY. YOU FURTHER AGREE THAT GKG ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GKG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GKG'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, IN THE SUM OF FIVE HUNDRED DOLLARS ($500.00). IN THE EVENT THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEN IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

10. Indemnification of GKG

You agree to defend, indemnify and hold harmless GKG for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the registration or use of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Dispute Policy.

11. Representations and Warranties

You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain name registration is accurate.

ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in the introductory paragraph of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, GKG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

12. Breach and Revocation

GKG reserves the right to suspend, cancel, transfer or modify your domainname registration in the event (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by GKG, (b) you use the domain name registered to you to send unsolicited commercial advertisements (commonly known as SPAM) in contradiction to either applicable laws or GKG's Anti-Spam Policy (found at http://www.gkg.net/spam/), (c) you use your domain name in connection with unlawful activity, or (d) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement.

You further acknowledge and agree that your registration of a domain name is (a) subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including GKG) or registry administrator procedures approved by an ICANN-adopted policy, or by any other ccTLD registry administrator procedures as the case may be, (b) to correct errors by GKG, another registrar or the registry administrator in administering the name or (c) for the resolution of disputes concerning the domain name.

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

13. Adjudication of Disputes

In the event of adjudication of disputes concerning or arising from use of your Domain Name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile, and (2) of the location of GKG.

14. Controlling Law and Venue

Except as otherwise set forth in paragraph 13 above, or in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Texas, as if the Agreement was a contract wholly entered into and wholly performed within the State of Texas. Except as otherwise set forth in paragraph 13 above, or in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the GKG site shall be brought exclusively in the United States District Court for the Southern District of Texas, or if there is no jurisdiction in such court, then in a state court in Brazos County, Texas.

15. Notices

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

16. General

This Agreement and all other Policies found at www.gkg.net/policies/, together with all modifications, constitute the complete and exclusive agreement between you and GKG, and supersede and govern all prior proposals, agreements, or other communications.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of GKG to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by GKG of a breach of any provision hereof be taken or held to be a waiver of the provision itself or of this agreement as a whole. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. GKG will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of GKG as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of GKG.

Additional Requirements for .info domain registrations

In addition to the provisions set forth in 6a above, you are required to:
(i) consent to the use, copying, distribution, publication, modification and other processing of your Personal Data by Registry Operator and its designees and agents.
(ii) submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
(iii) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
(iv) acknowledge that Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.

Furthermore, for .info domain registrations, GKG will apply this additional language to the indemnification provisions set forth in section 10 above:

By submitting an application to register a .info domain name registration, you

  1. acknowledge that the .info registry will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the .info "Sunrise Period" or the .info "Land Rush Period", including, without limitation:
    1. the ability or inability of a registrant to obtain a .info domain name registration during these periods, and
    2. the results of any dispute over a .info domain name registration registered during the .info "Sunrise Period",
  2. acknowledge and agree that GKG will share with the .info registry information submitted by you in connection with your .info domain name application and you consent to the use, copying, distribution, publication, modification and other processing of your personal data by the .info registry and its designees and agents in connection with the .info registry's obligations to GKG and third parties or as otherwise required by the .info registry,
  3. agree to immediately correct and update the registration information for your .info domain name registration during the registration term for such domain name.
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