Maldives HOSTING, DNR AND BACKUP SERVICES AGREEMENT

This Hosting and DNR and Backup Services Agreement ("Agreement") is between the party placing the order for the Services (as defined below) or on whose behalf such order is placed by its authorized representative (the "Customer") and Netechnics. ("Netechnics") and governs the hosting, related internet connectivity and/or other services (including, without limitation, hosting ("Hosting Services"), domain name registration services ("DNR Services"), data backup and storage services (the "Backup Services")) (collectively, the "Services") specified in the service order form completed by or on behalf of Customer in connection herewith (as the same may be amended and supplemented from time to time by the parties hereto, the "Service Order"), which Service Order is incorporated herein by this reference.

General Provisions

Netechnics shall provide the Services as set forth herein and Customer shall pay the fees for the Services as specified on the Service Order. Payment is due for the initial term of the Services (as specified on the Service Order) when Customer places the order, and payment is due for each renewal term of the Services on the date specified in the applicable renewal notice from Netechnics (each, the "Due Date"). Amounts unpaid after the applicable Due Date shall accrue interest at the lesser of 1.5% per month and the maximum lawful rate ("Interest Rate"). Netechnics reserves the right to suspend or terminate Services to any account in payment default, which suspension or termination (irrespective of its cause) shall not relieve Customer of its obligation to pay the fees for the Services. Netechnics's refund policy can be found at http://sg.netechnics.com/legal/policy/web-hosting-refund-policy.
This Agreement shall be effective as to the parties hereto upon Customer's acceptance of the terms hereof pursuant to the instructions set forth in on-line Services ordering process (the "Effective Date") and shall continue to the Expiration Date (as defined below). Unless (i) earlier terminated in accordance with the terms hereof, (ii) otherwise renewed for a specific renewal term, (iii) other than with respect to Hosting Services, DNR Services, or Backup Services, Customer has given Netechnics written notice of termination within 10 days following the date of Netechnics's renewal notice regarding the Services or (iv) Netechnics has given Customer written notice of termination, this Agreement shall renew and continue in effect for a renewal term equivalent in length to the term just ended (unless otherwise requested in writing by Customer) at Netechnics's then-current price for such term length for the Services as set forth in the applicable renewal notice from Netechnics. "Expiration Date" means the last day of the service term for which any Services are ordered (as per the applicable Service Order), with such service term being measured for purposes of this definition from the date Netechnics first makes the Services available for use by the Customer ("Commencement Date"), as extended by any renewal term. Any notice of termination must be given to Netechnics by providing the appropriate data online at http://support.Netechnics.com/billing/cancellations.cfm. Netechnics may use third-parties to provide products and services to our customers. A portion of related Services may be terminated or modified upon either the termination of the underlying agreement between Netechnics and the vendor providing third-party provided services or if Netechnics determines that the Services no longer meet Netechnics's specifications or standards. Netechnics may, at its sole discretion, replace these related Services with other Services that provide a comparable value.
As part of the Services (other than DNR Services or Backup Services), Netechnics provides servers, the associated operating system and other applicable software, equipment used for Internet connectivity and required space in a Netechnics data center (collectively, the "Equipment"). Netechnics acts solely as a provider or "reseller" of the Equipment it uses to provide the Services, which have been manufactured or otherwise provided by a third party. Customer's sole remedies for any malfunction or defect in the Equipment are the Service Level Agreements described in Section 12 below. Netechnics will perform the initial configuration of the Equipment and such maintenance and support Services as are specified on the Service Order. Netechnics will occasionally perform maintenance services which Customer acknowledges may require Equipment downtime, and in such event Netechnics will attempt to provide prior notice of such downtime. Customer shall supply (and shall cause its third-party suppliers to provide) Netechnics with such reasonable assistance as Netechnics requires to provide the Services. Customer is solely responsible for all other services not specified on the Service Order, which may include, without limitation, the management, administration and support of Customer's software and the software that is part of the Equipment once it is installed by Netechnics. In addition, Customer acknowledges and agrees that while Netechnics may perform certain backups as part of its internal operations with respect to the Services, such backups are not meant to be a complete disaster recovery solution for Customer and, as such, Customer is solely responsible for backup of its software and data residing on the Equipment.
Netechnics shall have no obligation to provide support and no liability for any interruption or deficiency in the Services resulting from (a) tampering or alteration of the Equipment by persons not authorized, or in a manner not explicitly required, by Netechnics or (b) the function or malfunction of hardware or software not supplied by Netechnics. Customer shall promptly report all alterations to Equipment or software initiated or implemented by persons not explicitly required by Netechnics and shall promptly implement any corrective procedures required by Netechnics. Netechnics exercises no control over, and specifically rejects any responsibility for, the content, accuracy or quality of information passing or obtained through or resident on the Equipment. Use of any information obtained via the Equipment is strictly at Customer's own risk.
In connection with the capitalized services, Netechnics may provide certain limited customer information to its third-party providers.
Customer and those using the Services through Customer shall at all times comply with the then-current version of Netechnics's Acceptable Use Policy specified at http://sg.netechnics.com/legal/policy/acceptable-use-policy ("AUP") , which is incorporated into and made a part of this Agreement. Netechnics may amend the AUP from time to time, which amendments shall be effective upon their posting at such website. Netechnics may take any of the preventative or corrective actions specified in the AUP, up to and including suspension of the Services or termination of the Agreement, which suspension or termination shall not relieve Customer of its obligation to pay the fees for the Services. Customer acknowledges and agrees that Netechnics will provision the Services hereunder subject to its Privacy Policy, as amended from time to time, a copy of which is available at www.netechnics.com.
Customer shall indemnify, defend and hold harmless Netechnics and its affiliates from and against any claims, causes of action, losses, damages, costs or expenses (collectively, "Claims") arising out of or relating to use by or through Customer of the Services in any way, including any breach of the AUP or these Terms and Conditions.
Netechnics reserves the right to monitor Customer's bandwidth and/or disk usage and to utilize technology to limit such usage to ordered amounts and/or to charge Customer for any excessive usage. Netechnics further reserves the right to suspend access to Customer's account, website, script or other application in the event Netechnics reasonably believes that such account, website, script or other application is the cause of interruptions in Netechnics's ability to provide services to other customers, which suspension or termination shall not relieve Customer of its obligation to pay the fees for the Services. In the event of any such suspension, Netechnics will notify Customer as soon as practicable so that Customer may take remedial action in order to regain access to its website, script or other application. Customer acknowledges and agrees that in an effort to control spam (i) Netechnics may utilize certain technologies to block incoming and outgoing email which Netechnics determines, in its sole discretion, may be spam, (ii) Netechnics servers will not accept connections from unsecured systems (including, without limitation, open relays, open proxies, open routers or any other system that has been determined to be available for unauthorized use), (iii) Netechnics may, in its sole discretion, reject connections from systems that use dynamically assigned or residential IP addresses, and (iv) Netechnics may, in its sole discretion, reject connections from any IP address that does not have reverse DNS (a PTR record).
SUBJECT TO SECTION 12 BELOW, NETECHNICS MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR EQUIPMENT; AND DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Netechnics shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, earthquakes, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, or any other such occurrences. Either party may terminate this Agreement if the failure or delay of performance caused by such event of force majeure continues for a continuous period of 10 business days.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, REVENUE, DATA OR USE OF SERVICES BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. Notwithstanding anything to the contrary stated in this Agreement, Customer's sole remedies for any Claims relating to the Services are set forth in Section 12. In no event shall Netechnics's and its affiliates' aggregate, collective liability for any Claims (including negligence or otherwise), exceed the amount paid by Customer for the Services during the 12-months preceding the date the Claim occurred or arose.
Any Internet Protocol addresses ("IP Addresses") assigned to Customer by Netechnics in connection with the Services (i) shall be used only in connection with the Services and (ii) will require Netechnics to disclose certain Customer contact information to the applicable registry for Internet numbers. If for any reason Customer discontinues use of the Services or this Agreement terminates, Customer's right to use the IP Addresses shall terminate. Netechnics may change the IP Addresses immediately when required by a change in services requested by Customer or in order to perform emergency maintenance or otherwise provide Services to Customer, without prior notice. For any other reason, Netechnics may change the IP Addresses upon 30 days' written notice to Customer.
The Service Level Agreements ("SLAs"), if any, for the Services, which are incorporated into this Agreement and include commitments with respect to certain availability of the Services, are set forth at http://sg.netechnics.com/legal/sla and set forth Customer's sole and exclusive remedies for Claims relating to the Services.
Customer acknowledges that all right, title and interest in any and all technology, including the software, that is part of or provided with the Services and any trademarks or service marks of Netechnics or third parties utilized in connection with the Services (collectively, "Netechnics Intellectual Property") are vested in Netechnics and/or in Netechnics's licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the Netechnics Intellectual Property. Customer may not copy, modify or translate the Netechnics Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the Netechnics Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Netechnics may not use Customer's name, trademarks, trade names or other proprietary identifying symbols without the prior written consent of Customer, except that, unless otherwise specified on the Service Order Netechnics may use Customer's name on a list of sample customers for marketing purposes.
This Agreement shall be binding upon and inure to the benefit of Customer, Netechnics and Netechnics's successors and assigns. Customer may not assign this Agreement without the prior written consent of Netechnics, which consent will not be unreasonably withheld or delayed.
The validity, interpretation, enforceability and performance of this agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflicts or choice of laws.
This Agreement may not be amended by Customer except upon the written consent of Customer and an officer of Netechnics. Customer agrees that (i) this Agreement may be amended by Netechnics from time to time and (ii) any such amendments will be binding and effective immediately upon Netechnics's notification to Customer via (i) an email to Customer's current contact information in Netechnics's records or (ii) via Customer's Control Panel for the Services, if applicable. The continued use of any Services shall constitute Customer's acceptance of any such amendments. IF CUSTOMER DOES NOT ACCEPT ANY SUCH AMENDMENTS, CUSTOMER'S SOLE REMEDY SHALL BE TO REQUEST THAT THE AFFECTED SERVICES BE DISCONTINUED, OR WITH REGARD TO DNR SERVICES, THAT THE DOMAIN NAME REGISTRATION BE CANCELLED OR TRANSFERRED TO A DIFFERENT DOMAIN NAME REGISTRAR. In order to request the discontinuance of affected Services, Customer must (i) send a cancellation request to Netechnics through the means provided in Section 2 herein within 10 days of the date the email is sent by Netechnics or the date notification is posted on Customer's Control Panel, and (ii) pay all accrued but unpaid fees for the Services rendered to the date of cancellation.
All notices from Netechnics shall be deemed received by Customer when sent by Netechnics to Customer's current email contact on record or posted on Customer's Control Panel. Customer is solely responsible for ensuring that its contact information is kept up-to-date.
Customer consents to Netechnics's activation of a default "Welcome Page" which may appear when an Internet user requests Customer's registered domain name or website. This Welcome Page welcomes the user to Customer's temporary home page and may link to Netechnics websites, advertising and/or Internet search tools. The Welcome Page may appear unless and until Customer posts Customer's own content or changes the Welcome Page via the account's Control Panel.
This Agreement (including the Service Order(s) to which it relates) supersedes all previous and contemporaneous written and oral representations, understandings or agreements related to the Services set forth on the related Service Order(s). The terms of this Agreement shall control inconsistencies between this Agreement and any Service Order. The rights and obligations in this Agreement of the Parties which would be, by their nature or content, intended to survive the expiration or termination of this Agreement shall so survive. It is the explicit intention of the Parties that there are no third-party beneficiaries to this Agreement. No failure or delay on the part of either party to exercise, any right or remedy hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law. No determination by a court of competent jurisdiction that any term or provision of this Agreement is invalid or otherwise unenforceable shall operate to invalidate or render unenforceable any other term or provision of this Agreement and all remaining provisions shall be enforced in accordance with their terms. This Agreement may be modified by Netechnics at any time.

Hosting Services Terms

This Section contains additional terms and conditions that, together with the General Provisions of this Agreement, govern Customer's purchase and use of the Hosting Services, if any, that have been ordered by Customer on the applicable Service Order. Hosting Services include the following products and services:

Shared Hosting ("Shared Hosting Services"):

Basic, Enhanced, and Premium Hosting Plans for Unix and Windows ("Shared Business Hosting Services")
Virtual Web Servers for Windows (Basic, Pro, ProPlus)
Managed Web Servers for Windows (Basic, Pro, ProPlus)
SOHO
Foundation, Professional, Advanced

Virtual Private Servers ("VPS Hosting Services")

FreeBSD VPS v3 (Starter, Basic, Pro, ProPlus)
Linux VPS (Starter, Basic, Pro, ProPlus)

Managed Private Servers ("MPS Hosting Services"):

FreeBSD MPS v3 (Basic, Pro, ProPlus)
Linux MPS (Basic, Pro, ProPlus)

Representations and Warranties. Customer represents and warrants that (i) the manner in which the Hosting Services are directly or indirectly used shall not infringe the legal rights of any third party; (ii) all information provided in connection with any Customer registration is and shall remain accurate; and (iii) that Customer's use of Hosting Services will at all times be consistent with all applicable laws.
Fees and Payment. Customer agrees that Customer will pay all fees due according to the prices and terms applicable to the Services, which can be viewed on Customer's Control Panel. Any failure to follow all required procedures shall be at Customer's sole risk.
Cancellation; Reinstatement. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Netechnics) in connection with the payments of the Services, Netechnics may suspend or terminate Customer's account immediately. Netechnics will reinstate Customer's Hosting Services solely at Netechnics's discretion, and subject to receiving Netechnics's then-current reinstatement fee.
Required Information. As part of the registration process, Customer will be required to provide certain information, including without limitation contact information such as Customer's full name, postal address, email address, telephone number and fax number, if available ("Personal Information"). Customer agrees to update this information promptly as needed to keep it current, complete and accurate, and to add such additional information as Netechnics may reasonably require from time to time. Customer may access Customer's Personal Information to review, modify or update such information through the Customer's Control Panel. CUSTOMER AGREES THAT CUSTOMER'S WILLFUL PROVISION OF INACCURATE OR UNRELIABLE INFORMATION, WILLFUL FAILURE PROMPTLY TO UPDATE INFORMATION PROVIDED TO NETECHNICS OR FAILURE TO RESPOND FOR MORE THAN FIFTEEN (15) CALENDAR DAYS TO INQUIRIES CONCERNING THE ACCURACY OF CONTACT DETAILS ASSOCIATED WITH ANY SERVICES SHALL CONSTITUTE A MATERIAL BREACH JUSTIFYING SUSPENSION OR TERMINATION OF SUCH SERVICES.
Use of Personal Information. Customer agrees and acknowledges that Netechnics will share Personal Information with third parties as applicable laws and/or policies may require or permit. Customer further agrees and acknowledges that Netechnics be permitted (and in some cases may be required) to make the Personal Information directly available to third party vendors, for purposes of inspection, targeted marketing or other purposes as required or permitted by applicable laws and/or policies. Netechnics agrees that it will not process data about any identified or identifiable natural person that it obtains from Customer in a way incompatible with the purposes and other limitations described in this agreement, and will take reasonable precautions to protect the information it obtains from Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction.
Third Party Information. In the event that Customer provides information about a third party in the course of any registration, Customer hereby represents and warrants that Customer has (i) provided notice to that third party of the disclosure and use of the party's information, and (ii) obtained that third party's express consent to the disclosure and use of that party's information as set forth herein. If Customer is setting up services for someone else, Customer represents and warrants that Customer has the authority to bind that person as a principal to all terms and conditions herein. If Customer licenses or otherwise permits third parties to use the Customer's account, Customer will remain the responsible contracting party hereunder, and will be responsible for all obligations under this agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both Customer's own full contact information and accurate technical, administrative, and billing contact information adequate to facilitate timely resolution of any problems that arise in connection with the customer account.
Breach and Revocation. Netechnics reserves the right to suspend, cancel, transfer or modify any account immediately: (i) in the event Customer breaches any provision of this Agreement; or (ii) in response to an order from a court of competent jurisdiction, or arbitration award.
Bandwidth and Storage. Customer agrees to purchase the level of Hosting Services commensurate with the needs of its usage requirements. Customer's usage of Hosting Services may not adversely affect other customers. Customer agrees that if a server approaches capacity, Netechnics may take remedial action without notice to Customer and such action may affect Customer's account access, Customer's IP Address, or other information. Customer further agrees that if Netechnics determines, in its sole discretion, that Customer's bandwidth and storage space usage adversely affects other customers or Netechnics's systems, Netechnics may disable, suspend, limit, or terminate your Hosting Services without notice.
Netechnics's Shared Business Hosting Services. Netechnics's Shared Business Hosting Services are for reasonable, legitimate web-hosting and e-mail hosting purposes deemed suitable for a shared server environment ("Legitimate Web-Hosting Purposes") only. Using Netechnics's Shared Business Hosting Services for uses other than Legitimate Web-Hosting Purposes ("Non-Legitimate Web-Hosting Purposes") is prohibited. Customer agrees that whether Customer's usage constitutes Legitimate or Non-Legitimate Web-Hosting Purposes shall be determined solely at Netechnics's discretion. If Netechnics, in its sole discretion, determines that a Customer is using Netechnics's Shared Hosting Services for Non-Legitimate Web-Hosting Purposes, Netechnics may suspend, disable, limit, or terminate Customer's account without notice, which suspension, disablement, limitation, or termination shall not relieve Customer of its obligation to pay all applicable fees for the Services.

Legitimate Web-Hosting Purposes may include, but is not limited to reasonable standards based on average use by a typical customer at the applicable plan level and may include maintenance of:

E-mail
HTML Files
XML Files
Imbedded images such as JPEG or GIF, etc.
Scripts such as PERL or PHP, etc.

Non-Legitimate Web-Hosting Purposes may include, but is not limited to:

Maintenance of multimedia files for streaming video or audio in excess of 5 GB
Online storage
Data backups or archives

CUSTOMER AGREES THAT THE HOSTING SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. NETECHNICS AND ITS SUPPLIERS AND SERVICE PROVIDERS 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. NETECHNICS AND ITS SUPPLIERS AND SERVICE PROVIDERS MAKE NO WARRANTY THAT THE HOSTING SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NETECHNICS OR ITS SUPPLIERS OR SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HOSTING SERVICES. NEITHER NETECHNICS, NOR ANY OF ITS RESPECTIVE SUPPLIERS OR SERVICE PROVIDERS WILL 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT NETECHNICS'S, ITS RESPECTIVE SUPPLIERS' AND SERVICE PROVIDERS' ENTIRE AGGREGATE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY, WITH RESPECT TO ANY REGISTRATION SERVICES PROVIDED UNDER THIS AGREEMENT AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNTS PAID FOR SUCH SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Netechnics's suppliers and service providers are hereby named as express third party beneficiaries with respect to any limitations on liability, disclaimers, indemnities, and other provisions that may limit any obligation that might otherwise be owed to Customer contained herein.

THE PARTY ACCEPTING THE TERMS OF THIS AGREEMENT IN ACCORDANCE WITH THE INSTRUCTIONS SET FORTH AT THE WEBSITE FROM WHICH THE SERVICES ARE ORDERED REPRESENTS AND WARRANTS THAT (I) IT IS A DULY AUTHORIZED REPRESENTATIVE OF CUSTOMER WITH FULL LEGAL AUTHORITY TO BIND CUSTOMER TO THIS AGREEMENT AS OF THE EFFECTIVE DATE AND (II) NEITHER IT NOR CUSTOMER IS (A) LOCATED IN A COUNTRY SUBJECT TO U.S. EMBARGOES, (B) LISTED ON THE U.S. TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS, OR (C) LISTED ON THE U.S. COMMERCE DEPARTMENT'S DENIED PERSONS OR ENTITIES LISTS.

DNR Services Terms

This Section contains additional terms and conditions that, together with the General Provisions of this Agreement, govern Customer's purchase and use of the DNR Services, if any, that have been ordered by Customer on the applicable Service Order.
DNR Services. Netechnics has selected the following third party accredited registrars to provide domain name registration services: Melbourne IT Limited ("MelbIT") and Tucows ("Tucows") and, collectively, these are "Third-Party Registrars". Netechnics will select, at its sole discretion, which Third-Party Registrar to use at the time of purchase. Customer agrees that the following terms relating to domain name registration services ("DNR Services") constitute an agreement not only between Customer and Netechnics, but also directly between Customer and MelbIT or Tucows as applicable. The term "register" or "registration," as used in this Agreement, shall be read to include any initial registration, renewal or transfer of a domain name. The terms "you," "your," and "registrant" shall be read to mean "Customer."
Terms and Conditions of Third-Party Registrars. In addition to the General Terms and the DNR Services Terms contained herein, Netechnics is required by our Third-Party Registrars to provide Customers with additional Third-Party Registrar Terms and Conditions. Customer agrees to be bound by the Third-Party Registrars' Terms and Conditions as selected by Netechnics. Links to the Third-Party Registrar Terms and Conditions are below.

The Third-Party Registrars' Terms and Conditions of Service

MelbIT: www.melbourneit.com.au/policies/gtldtermcond.php3
Tucows: www.opensrs.com/docs/contracts/exhibita.htm

Terms and Conditions for Premium Domain Names. Premium Domain Name purchases are non-refundable. In addition to the General Terms and the DNR Services Terms (including the Third-Party Registrars' Terms and Conditions) contained herein, Netechnics is required by our Third-Party Registrars to have Customers who purchase Premium Domain Names agree to be bound by the following additional Terms and Conditions (the "Premium Terms and Conditions").

The Premium Terms and Conditions of Service:

www.melbourneit.com.au/policies/policy-premium-domains.php

Acceptance of Applications. Netechnics and the Third-Party Registrars reserve the right to reject any domain name registration application for any reason. Customer agrees that neither Netechnics nor the Third-Party Registrars shall be liable for any loss or damage that may result from such rejection. All fees are non-refundable, in whole or part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. Netechnics reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered until Netechnics receives actual payment of the initial registration fee, and has confirmed Customer's registration in an email from Netechnics to the email address for the Administrative Contact indicated in Customer's registration application and/or or file.
Representations and Warranties. Customer represents and warrants that (i) neither the registration of the domain name nor the manner in which it is directly or indirectly used shall not infringe the legal rights of any third party; (ii) all information provided in connection with any domain name registration is and shall remain accurate; and (iii) that Customer's registration and use of domain names will at all times be consistent with all applicable laws.
Fees and Payment. Customer agrees that all payment obligations relating to any domain name registration are exclusively between Customer and Netechnics, including all costs and fees for moving or transferring such domain name. The Third Party Registrars shall not be liable for any refund or other payment to Customer in connection with the provision of registration services. Netechnics will attempt to notify Customer by e-mail to the current account contact when renewal fees are due. Netechnics will renew Customer's domain name for Customer provided that the following conditions are met: (1) that Customer's credit card is available and up to date, and (2) that Customer has provided up-to-date contact information in the Netechnics Control Panel, unless Customer instructs Netechnics otherwise within the time specified in the renewal notice sent by Netechnics. Any failure for Netechnics to renew the domain name registration due to Customer's failure to follow all required procedures and conditions shall be at Customer's sole risk. Failure of Customer to respond to notification e-mails sent either by Netechnics or the Third-Party Registrars to Customer's current account or WhoIs contact information by calling Netechnics's Domain Services department may result in the domain name failing to renew. Any such failure shall be at Customer's sole risk.
Cancellation; Reinstatement. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Netechnics) in connection with the payments of the registration fees or renewal for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Netechnics as the paying entity for that registration to the registry and that Netechnics reserves all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Netechnics will reinstate Customer's domain name registration solely at Netechnics's discretion, and subject to the domain name's availability, Netechnics's receipt of the initial registration or renewal fee, and Netechnics's then-current reinstatement fee.
Required Information. As part of the registration process, Customer will be required to provide certain information, including without limitation contact information such as Customer's full name, postal address, email address, telephone number and fax number, if available ("Personal Information"). Customer agrees to update this information promptly as needed to keep it current, complete and accurate, and to add such additional information as Netechnics or the Third-Party Registrars may reasonably require from time to time. Customer may access Customer's Personal Information and/or domain name registration information to review, modify or update such information through the domain name management tools Netechnics provides on Customer's Control Panel. CUSTOMER AGREES THAT CUSTOMER'S WILLFUL PROVISION OF INACCURATE OR UNRELIABLE INFORMATION, WILLFUL FAILURE PROMPTLY TO UPDATE INFORMATION PROVIDED TO NETECHNICS OR THIRD-PARTY REGISTRARS OR FAILURE TO RESPOND FOR MORE THAN FIFTEEN (15) CALENDAR DAYS TO INQUIRIES CONCERNING THE ACCURACY OF CONTACT DETAILS ASSOCIATED WITH ANY REGISTRATION SHALL CONSTITUTE A MATERIAL BREACH JUSTIFYING CANCELLATION OF SUCH REGISTRATION.
Use of Personal Information. Customer agrees and acknowledges that the Third-Party Registrars and Netechnics will share Personal Information with each other, with the Internet Corporation for Assigned Names and Numbers ("ICANN"), with registry administrator(s), and with other third parties as ICANN and applicable laws and/or policies may require or permit. Customer further agrees and acknowledges that Netechnics and/or the Third-Party Registrars shall be permitted (and in some cases may be required) to make the Personal Information publicly available, or directly available to third party vendors, for purposes of inspection (such as through WHOIS service), targeted marketing or other purposes as required or permitted by ICANN and applicable laws and/or policies. Customer hereby elects not to have Personal Information concerning its domain name registration available in a bulk access database. Each of Netechnics and the Third-Party Registrars agree that it will not process data about any identified or identifiable natural person that it obtains from Customer in a way incompatible with the purposes and other limitations described in this agreement, and will take reasonable precautions to protect the information it obtains from Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction.
Third Party Information. In the event that Customer provides information about a third party in the course of any registration, Customer hereby represents and warrants that Customer has (i) provided notice to that third party of the disclosure and use of the party's information, and (ii) obtained that third party's express consent to the disclosure and use of that party's information as set forth herein. If Customer is registering a domain name for someone else, Customer represents and warrants that Customer has the authority to bind that person as a principal to all terms and conditions herein, including the Dispute Policy. If Customer licenses or otherwise permits third parties to use the domain name, Customer will remain the responsible contracting party hereunder and the domain name holder of record, and will be responsible for all obligations under this agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both Customer's 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.
Changing Registrars. Under governing ICANN policies, domain name registrations may not be transferred to another registrar within sixty (60) days of initial registration. In addition, a transfer of a domain name registration to another registrar will be subject to the applicable registry's transfer policies.
Change of Ownership. If Customer wishes to transfer any domain name to another person or entity, Customer may request ownership transfer services by requesting a domain name ownership transfer through links provided in the support section of Netechnics's website at http://sg.netechnics.com. Customer acknowledges and agrees that as a condition of any such transfer of ownership, the entity to which the domain name is transferred shall agree to be bound by all terms and conditions herein, the Dispute Policy and its accompanying rules and procedures, and all then-current Third-Party Registrars, ICANN, or Netechnics policies relating to domain name registration, including payment of fees for the domain name registration for a term of at least one year and other fees assessed by Netechnics.
Breach and Revocation. Each of Netechnics and the Third-Party Registrars reserves the right to suspend, cancel, transfer or modify any domain name registration immediately: (i) in the event Customer breaches any provision of this Agreement (including the Dispute Policy); (ii) as required or permitted by the Dispute Policy or any ICANN or registry policy or procedure; (iii) to correct any errors by the Third-Party Registrars, or any other registrar or the registry administrator; (iv) in order to resolve disputes concerning the domain name; or (v) in response to an order from a court of competent jurisdiction, or arbitration award.
Domain Name Registrar Transfers. If Customer is transferring a domain name from a different domain name registrar of record to Netechnics and the Third-Party Registrars, the following terms shall apply: In making the transfer request, Customer represents and warrants that: (i) Customer is the rightful holder of the registration for the domain name(s) to be transferred; (ii) Customer is not in default with respect to any obligations owed to the current registrar of record; (iii) Customer is not the subject of any pending bankruptcy proceeding; (iv) the domain name(s) are not currently the subject of any dispute or collection effort, including any attachment, levy, lien, garnishment, escrow or other proceedings; (v) Customer is legally authorized to request the transfer; and (vi) more than 60 days have passed since the domain name(s) was registered, transferred to a new registrar, or renewed. Customer agrees that neither Netechnics nor the Third-Party Registrars will have any responsibility for any obligations owed to the current registrar of record for the domain name(s) transferred, and Customer will be responsible for any costs that Netechnics or the Third-Party Registrars may incur in resolving any claims brought by any third party (including the current registrar of record) relating to this transfer. Subject to the disclaimer of liability below, Customer hereby authorizes Netechnics and the Third-Party Registrars to take all actions reasonably necessary to transfer the domain name(s), including contacting the current registrar of record and the registry.
Domain Name Search Process. Netechnics endeavors to make the domain name availability search process reliable; however, Netechnics does not guarantee availability of domain names or the accuracy or security of the WHOIS system. The registration process is not complete until the domain name requested by Customer has been registered in Customer's name with the appropriate registry. Because there are delays in the actual registration of a domain name with the appropriate registry, Netechnics is not responsible if domain names requested by Customer are actually registered to third parties. Customer acknowledges and agrees that registration of the domain name is not complete until Customer receives the final confirmation e-mail from Netechnics.
Disclaimer of Liability. To the extent permitted by law, Customer agrees that neither Netechnics nor the Third-Party Registrars, nor any of their respective suppliers or service providers, has any liability to Customer for any loss Customer may incur in connection with the processing of any registration or the transfer thereof to another registrar, or the processing of any authorized modification to the domain name's record during the covered period, or the failure by the Customer's agent to pay either the registration fee or renewal fee, or the failure by the Customer or Customer's agent to keep the Account Contact current and respond promptly to any notification, or as a result of the application of the provisions of the Third-Party Registrar's Dispute Policy.
CUSTOMER AGREES THAT THE DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. NETECHNICS, MELBIT AND EACH OF THEIR RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS 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. NETECHNICS, THE THIRD-PARTY REGISTRARS AND EACH OF THEIR RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS MAKE NO WARRANTY THAT THE DOMAIN NAME REGISTRATION SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NETECHNICS, THE THIRD-PARTY REGISTRARS OR ANY OF THEIR RESPECTIVE SUPPLIERS OR SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE REGISTRATION SERVICES. WITHOUT ANY LIMITATION TO THE FOREGOING, NETECHNICS, THE THIRD-PARTY REGISTRARS AND EACH OF THEIR RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL PROTECT CUSTOMER EITHER FROM CHALLENGES TO ANY DOMAIN NAME REGISTRATION OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO CUSTOMER. NEITHER NETECHNICS, THE THIRD-PARTY REGISTRARS NOR ANY OF THEIR RESPECTIVE SUPPLIERS OR SERVICE PROVIDERS WILL 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT NETECHNICS'S, THE THIRD-PARTY REGISTRAR'S AND THEIR RESPECTIVE SUPPLIERS' AND SERVICE PROVIDERS' ENTIRE AGGREGATE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY, WITH RESPECT TO ANY REGISTRATION SERVICES PROVIDED UNDER THIS AGREEMENT AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNTS PAID FOR SUCH SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Netechnics's and the Third-Party Registrars' suppliers and service providers are hereby named as express third party beneficiaries with respect to any limitations on liability, disclaimers, indemnities, and other provisions that may limit any obligation that might otherwise be owed to Customer contained herein.

Backup Services Terms

Backup Services. Netechnics has partnered with a third party provider, Iron Mountain Information Management, Inc. ("IM") to provide Backup Services. This Section contains additional terms and conditions that, together with the General Provisions of this Agreement, govern Customer's purchase and use of the Backup Services, if any, that have been ordered by Customer on the applicable Service Order.
Customer agrees that the following terms, in addition to the terms found at www.ironmountain.com/us/legal relating to Backup Services constitute an agreement not only between Customer and Netechnics, but also directly between Customer and IM.
Acceptance of Applications. Netechnics and IM reserve the right to reject any Backup Services application for any reason. Customer agrees that neither Netechnics nor IM shall be liable for any loss or damage that may result from such rejection. Netechnics reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested Backup Services will not commence until Netechnics receives actual payment of the initial fee.
Representations and Warranties Customer represents and warrants that (i) neither the PC Backup Services requested nor the manner in which it is directly or indirectly used shall not infringe the legal rights of any third party; and (ii) all personal and identifying information provided by Customer is and shall remain accurate.
Fees and Payment. Customer agrees that all payment obligations relating to any PC Backup Services are exclusively between Customer and Netechnics. Customer will be notified when renewal fees are due. Any failure to follow all required procedures shall be at Customer's sole risk.
Cancellation; Reinstatement. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Netechnics) in connection with the payments of the fees by Customer, Customer agrees and acknowledges that the Netechnics or Iron Mountain may immediately terminate any and all Backup Services being provided to Customer. Netechnics will reinstate Customer's Backup Services solely at Netechnics's discretion, and subject to Netechnics's receipt of the initial or renewal fee, and Netechnics's then-current reinstatement fee.
Required Information. As part of the Backup Services, Customer will be required to provide certain information, including without limitation contact information such as Customer's full name, postal address, email address, telephone number and fax number, if available ("Personal Information"). Customer agrees to update this Personal Information promptly as needed to keep it current, complete and accurate, and to add such additional information as Netechnics or IM may reasonably require from time to time.
CUSTOMER AGREES THAT CUSTOMER'S WILLFUL PROVISION OF INACCURATE OR UNRELIABLE INFORMATION, WILLFUL FAILURE PROMPTLY TO UPDATE INFORMATION PROVIDED TO NETECHNICS OR IM OR FAILURE TO RESPOND FOR MORE THAN FIFTEEN (15) CALENDAR DAYS TO INQUIRIES CONCERNING THE ACCURACY OF CONTACT DETAILS ASSOCIATED WITH ANY BACKUP SERVICES SHALL CONSTITUTE A MATERIAL BREACH JUSTIFYING CANCELLATION OF SUCH BACKUP SERVICES.
Breach and Revocation. Each of Netechnics and IM reserves the right to suspend, cancel, transfer or modify any Backup Services immediately: (i) in the event Customer breaches any provision of this Agreement; or (ii) in response to an order from a court of competent jurisdiction, or arbitration award.
Disclaimer of Liability. To the extent permitted by law, Customer agrees that neither Netechnics nor IM, nor any of their respective suppliers or service providers, has any liability to Customer for any loss Customer may incur in connection with the processing of any Backup Services, or the failure by the Customer's agent to pay either the initial fee or renewal fee.
Indemnity. In addition to any indemnification obligation that Customer may owe to Netechnics hereunder, Customer agrees to indemnify, keep indemnified and hold Netechnics and IM, and their respective directors, officers, employees and agents, harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to Customer's Backup Services and the data and information provided by Customer as part of the Backup Services to Netechnics and IM. CUSTOMER AGREES THAT THE BACKUP SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. NETECHNICS, IM AND EACH OF THEIR RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS 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. NETECHNICS, IM AND EACH OF THEIR RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS MAKE NO WARRANTY THAT THE BACKUP SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES NETECHNICS, IM OR ANY OF THEIR RESPECTIVE SUPPLIERS OR SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE REGISTRATION SERVICES.

NEITHER NETECHNICS, IM NOR ANY OF THEIR RESPECTIVE SUPPLIERS OR SERVICE PROVIDERS WILL 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT NETECHNICS'S, IM'S AND THEIR RESPECTIVE SUPPLIERS' AND SERVICE PROVIDERS' ENTIRE AGGREGATE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY, WITH RESPECT TO ANY BACKUP SERVICES PROVIDED UNDER THIS AGREEMENT AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNTS PAID FOR SUCH BACKUP SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Netechnics's and IM's suppliers and service providers are hereby named as express third party beneficiaries with respect to any limitations on liability, disclaimers, indemnities, and other provisions that may limit any obligation that might otherwise be owed to Customer contained herein.

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