TERMS AND CONDITIONS FOR PRIVATE DOMAIN NAME REGISTRATION

By ordering Private Domain Name Registration Services from 1&1 Internet, Inc. ("1&1"), you ("you" or "Customer") agree to the terms and conditions set forth herein. The provisions contained in these Terms and Conditions for Private Domain Name Registration (the "Agreement") incorporate and are supplemental to 1&1's General Terms and Conditions (the "1&1 GT&C"), by which you are also bound, to the extent they are not modified by this Agreement.
1. SUBJECT OF THE AGREEMENT

The Agreement governs the provision of Private Domain Name Registration Services (the 'Services') to the Customer by 1&1. The Services comprise the registration and renewal of domain names using contact information provided by 1&1, as described below, which information will appear in the public WHOIS database on your behalf.
2. SERVICES PROVIDED
2.1

1&1 will acquire a Second-Level Domain Name ("Private Domain Name"), on your behalf, assuming that the Domain Name you request is available for registration. 1&1 will not own any Private Domain Name registered on your behalf under this Section. Any costs incurred by 1&1 to obtain and/or maintain the Private Domain Name on your behalf shall be charged to you by 1&1. Private Domain Names may not be transferred. The toplevel domain .us may not be registered as a Private Domain Name.
2.2

You authorize and direct 1&1 to display alternate contact information in the public WHOIS database, including names, postal address, phone number, and email address, as more particularly outlined below.
2.3

You authorize and direct 1&1 to process communications directed to you at the contact information displayed in the public WHOIS database as follows:
2.3.1

An e-mail alias pointing to your 1&1 account will be created once you have purchased the Services, and that e-mail address will be displayed in the public WHOIS database. Messages received at the e-mail address posted in the public WHOIS database for your Private Domain Name will be forwarded to the e-mail address associated with your account name or to another e-mail address, in accordance with the preferences you set in the 1&1 Control Panel. Disabling the Services will delete this e-mail address and remove it from the WHOIS database. Once an e-mail address is removed from the public WHOIS database it will no longer be a valid e-mail address for the receipt of messages. You acknowledge that you may not receive messages sent such e-mail address once the Services are disabled.
2.3.2

1&1's corporate address will be the postal address displayed in the public WHOIS database for the Private Domain Name. You hereby authorize 1&1 to receive, sort, open, forward, and destroy any and all mail sent to 1&1 on your behalf in its sole discretion. Third class and "junk" mail will be discarded upon receipt or returned to the sender unopened. First-class mail and mail received via certified mail or courier, including but not limited to Federal Express, United Parcel Services, and similar services, will be opened and all such mail that can be scanned will be scanned and sent to you via the e-mail address associated with the 1&1 account for the Private Domain Name. You acknowledge that you will have five (5) calendar days from the date such mail is sent to you via e-mail to request in writing that a copy of such scanned mail be forwarded to you via postal mail. You acknowledge that unless you direct us otherwise in writing within such five (5) calendar day period, all such mail will be destroyed five (5) calendar days after a scanned copy is sent to you via e-mail. All mail that is unable to be scanned will be forwarded to you at your expense at the postal address associated with the account for the applicable domain name.
2.3.3

1&1 reserves the right to charge you for, and you are responsible for paying, all fees and costs associated with 1&1 forwarding postal mail. 1&1 further reserves the right to charge an administrative charge of $5.00 per item forwarded. You authorize 1&1 to apply any such charges to your credit card pursuant to the 1&1 GT&C.
2.3.4

A telephone number will be displayed in the public WHOIS database for the Private Domain Name which will be answered by a voice mail system. Callers will be informed of how to contact you using the information displayed in the public WHOIS database, however, they will not be able to leave messages.
2.4

You hereby waive any and all claims arising from your failure to receive communications directed to your domain name contact information displayed in the public WHOIS database but not forwarded to you by 1&1. You acknowledge and agree that you will not receive all communications sent to you at the contact information listed in the public WHOIS database. You further acknowledge and agree that 1&1 disclaims any and all loss or liability that may result from your use of the Services and/or your failure to receive important correspondence sent to you at the contact information displayed in the public WHOIS database, including, but not limited to, legal notices or UDRP complaints.
3. WARRANTIES AND INDEMNIFICATION
3.1.

You warrant that the contact information you have provided to 1&1 is and will remain accurate. You agree that you will inform 1&1 within fifteen (15) calendar days of the change of your name, mailing address, email address, telephone or telefax number.
3.2.

You warrant to 1&1 that any Domain Name you may seek to register through 1&1 does not violate the rights of any third party, in particular trademark rights, and that you have taken reasonable steps, including but not limited to searches of the applicable state and federal trademark registries, to assure that this is the case.
3.3.

You agree to indemnify and hold harmless 1&1, its officers, directors, employees and agents, with respect to any and all damages, losses, claims or expenses incurred with respect to or arising out of claims of third parties concerning your use of the Services or the Private Domain Name.
3.4.

You acknowledge and agree that 1&1 has the absolute right and power, as it deems necessary in its sole discretion, without providing notice and without any liability to you whatsoever, to (1) reveal to third parties the contact information provided by you to 1&1 in connection with the account for the applicable domain name, (2) populate the public WHOIS database with your name, primary postal address, e-mail address and/or telephone number as provided by you to 1&1, or (3) terminate your subscription to the Services:
3.4.1

if, in 1&1's sole discretion, you violate the terms of the 1&1 GT&C;
3.4.2

if any third party claims that the domain name violates or infringes a third party's trademark, trade name or other legal rights, whether or not such claim is valid;
3.4.3

to comply with ICANN policies or requirements, including but not limited to the Uniform Domain Name Dispute Resolution Policy (UDRP)
3.4.3

to comply with any applicable laws, government rules or requirements, subpoenas, court orders, requests of law enforcement or government agencies; or
3.4.4

if any third party threatens legal action against 1&1 that is related in any way, directly or indirectly, to the domain name, or claims that you are using the domain name registration in a manner that violates any law, rule or regulation, or is otherwise illegal or violative of a third party's legal rights.
3.5.

ALL 1&1 SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
4. DISPUTE RESOLUTION
4.1.

This Agreement shall be interpreted under the laws of the State of Pennsylvania, without regard to any conflict of laws provisions. Any claim, dispute or controversy with respect to, in connection with or arising out of this Agreement shall be subject to and decided by arbitration in the City of Philadelphia, County of Philadelphia, Commonwealth of Pennsylvania, by a panel of three arbitrators chosen in accordance with terms of the 1&1 GT&C.
4.2.

1&1 may without advance notice amend this Agreement or the from time to time, and will do so by posting the new Agreement on the 1&1 website in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. It is your responsibility to periodically check the 1&1 website for updates of this Agreement.

Terms of Use (.com)

Additional terms and conditions for the registration of .com and .net domains
(Registration Agreement)

The registration of .com and .net domains globally follows the prescribed set of terms and conditions specified by the Internet Corporation for Assigned Names and Numbers (ICANN) and VeriSign Inc. being the authoritative registry. These rules are incorporated into the registration agreement as follows:
1. Miscellaneous
1.1.

The domain holder guarantees that neither the registration of the domain name nor the manner in which it is used infringes the legal rights of any third party or any applicable laws and regulations.
The domain holder shall indemnify and hold harmless his provider, 1&1 Internet AG, the Internet Corporation for Assigned Names and Numbers (ICANN), VeriSign Inc. and its subcontractors, and the members, shareholders, directors, officers, employees, affiliates and agents of each of them and all other persons involved in the registration process from and against any and all claims, damages, liabilities, costs, and expenses arising out of or related to the domain holder's domain name registration or the use of the domain by the domain holder or by third parties with his consent. This indemnification obligation shall survive the termination or expiration of the registration agreement.
1.2.

All .com and .net domains under these conditions are registered by 1&1 Internet AG as accredited registrar. Should a domain be registered incorrectly by 1&1 Internet AG or any other person involved in the registration process, e.g. not according to the order, domain holder hereby irrevocably consents to all necessary measures being taken for the correction of such mistake. Such measures may e. g. be suspension, cancelation, transfer or any other appropriate and equal action.
1.3.

A change of registrars for the domain is not possible during the first 60 days after initial registration of the domain with the registrar. In individual cases this may lead to restrictions for the change between different hosting providers.
2. Uniform Domain-Name Dispute-Resolution Policy (UDRP)

For disputes over the rights to domains, a worldwide Uniform Domain Name Dispute Resolution Policy (UDRP) has been developed by ICANN and adopted by all accredited registrars. All .com and .net domains are governed by this UDRP.
2.1.

Domain holder hereby agrees that all disputes on the rights to .com and .net domains, especially arising out of trademarks, names or other intellectual property rights, shall be governed by the Uniform Domain Name Dispute Resolution Policy (UDRP) which can be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm
In the administrative proceeding under UDRP initiated by the domain holder or a third person it is the domain holder's responsibility to conduct the proceedings and defend his rights. Domain holder acknowledges and accepts that 1&1 Internet AG as accredited registrar shall implement the UDRP decision and cancel or transfer the domain to a third person according to the decision unless domain holder proves within 10 days after their information that he has commenced a lawsuit at a competent court to clarify the right to use the domain.
2.2.

While a court proceeding or arbitration for trademark, names or other intellectual property rights or administrative proceeding under UDRP is pending and for a period of fifteen days after the final decision in such process the domain holder may not transfer the domain to a third person unless this person agrees in writing to be bound to the decision in the same way as the domain holder.
2.3.

ICANN reserves the right to modify the UDRP at any time. 1&1 Internet AG as accredited registrar shall implement any such revision speedily and these will become binding upon the domain holder. The revised version will be posted at least thirty calendar days before it becomes effective under the URL: http://www.icann.org/udrp/
3. Data and Data-Protection
3.1.

According to the technical standards and procedures of the internet the domain holder has to give public access to data set out in 3.2, including personal data. This data is stored within the contractual commitments and transferred to other persons inside and outside Germany involved in the registration process, including specifically (but not limited to) the US-based and ICANN-accredited escrow agent Iron Mountain, and published in the ordinary way, including public access to so-called Whois databases, to make the identification of the holder of the domain possible.
3.2.

Domain holder guarantees that the contact data given by him are accurate and complete. He shall immediately inform his provider (who will inform 1&1 Internet AG) on any updates and respond within fifteen calendar days to inquiries, on request guaranteeing up-to-date accuracy and completeness. Contact data include:

* full name and postal address of the domain holder, if domain holder is an organization, association or corporation: name of authorized person for contact purposes;
* full name, postal address, e-mail address, voice telephone number and (where available) fax number of the technical contact for the domain;
* full name, postal address, e-mail address, voice telephone number and (where available) fax number of the administrative contact for the domain;
* full name, postal address, e-mail address, voice telephone number and (where available) fax number of the billing contact for the domain;
* if domain holder provides own nameservers: Additionally IP addresses of the primary and secondary nameserver for the domain including corresponding name of those nameservers.

Domain holder acknowledges and accepts that this data can be published and made available to anybody in public data storage units, together with his domain, date of registration and expiration.
3.3.

Domain holder warrants that notification equivalent to that described in Section 3.1 above has been given to any third-party individuals whose Personal Data are supplied to Registrar by the domain holder, and that the domain holder has obtained the consent equivalent to that referred to in Section 3.2., last paragraph, of any such third-party individuals.
3.4.

Domain holder and any other data subject can review all data according to 3.2. in the Whois Database of the registrar. Corrections can be sent to customer support any time.

Terms of Use (.net)
Additional terms and conditions for the registration of .com and .net domains
(Registration Agreement)

The registration of .com and .net domains globally follows the prescribed set of terms and conditions specified by the Internet Corporation for Assigned Names and Numbers (ICANN) and VeriSign Inc. being the authoritative registry. These rules are incorporated into the registration agreement as follows:
1. Miscellaneous
1.1.

The domain holder guarantees that neither the registration of the domain name nor the manner in which it is used infringes the legal rights of any third party or any applicable laws and regulations.
The domain holder shall indemnify and hold harmless his provider, 1&1 Internet AG, the Internet Corporation for Assigned Names and Numbers (ICANN), VeriSign Inc. and its subcontractors, and the members, shareholders, directors, officers, employees, affiliates and agents of each of them and all other persons involved in the registration process from and against any and all claims, damages, liabilities, costs, and expenses arising out of or related to the domain holder's domain name registration or the use of the domain by the domain holder or by third parties with his consent. This indemnification obligation shall survive the termination or expiration of the registration agreement.
1.2.

All .com and .net domains under these conditions are registered by 1&1 Internet AG as accredited registrar. Should a domain be registered incorrectly by 1&1 Internet AG or any other person involved in the registration process, e.g. not according to the order, domain holder hereby irrevocably consents to all necessary measures being taken for the correction of such mistake. Such measures may e. g. be suspension, cancelation, transfer or any other appropriate and equal action.
1.3.

A change of registrars for the domain is not possible during the first 60 days after initial registration of the domain with the registrar. In individual cases this may lead to restrictions for the change between different hosting providers.
2. Uniform Domain-Name Dispute-Resolution Policy (UDRP)

For disputes over the rights to domains, a worldwide Uniform Domain Name Dispute Resolution Policy (UDRP) has been developed by ICANN and adopted by all accredited registrars. All .com and .net domains are governed by this UDRP.
2.1.

Domain holder hereby agrees that all disputes on the rights to .com and .net domains, especially arising out of trademarks, names or other intellectual property rights, shall be governed by the Uniform Domain Name Dispute Resolution Policy (UDRP) which can be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm
In the administrative proceeding under UDRP initiated by the domain holder or a third person it is the domain holder's responsibility to conduct the proceedings and defend his rights. Domain holder acknowledges and accepts that 1&1 Internet AG as accredited registrar shall implement the UDRP decision and cancel or transfer the domain to a third person according to the decision unless domain holder proves within 10 days after their information that he has commenced a lawsuit at a competent court to clarify the right to use the domain.
2.2.

While a court proceeding or arbitration for trademark, names or other intellectual property rights or administrative proceeding under UDRP is pending and for a period of fifteen days after the final decision in such process the domain holder may not transfer the domain to a third person unless this person agrees in writing to be bound to the decision in the same way as the domain holder.
2.3.

ICANN reserves the right to modify the UDRP at any time. 1&1 Internet AG as accredited registrar shall implement any such revision speedily and these will become binding upon the domain holder. The revised version will be posted at least thirty calendar days before it becomes effective under the URL: http://www.icann.org/udrp/
3. Data and Data-Protection
3.1.

According to the technical standards and procedures of the internet the domain holder has to give public access to data set out in 3.2, including personal data. This data is stored within the contractual commitments and transferred to other persons inside and outside Germany involved in the registration process, including specifically (but not limited to) the US-based and ICANN-accredited escrow agent Iron Mountain, and published in the ordinary way, including public access to so-called Whois databases, to make the identification of the holder of the domain possible.
3.2.

Domain holder guarantees that the contact data given by him are accurate and complete. He shall immediately inform his provider (who will inform 1&1 Internet AG) on any updates and respond within fifteen calendar days to inquiries, on request guaranteeing up-to-date accuracy and completeness. Contact data include:

* full name and postal address of the domain holder, if domain holder is an organization, association or corporation: name of authorized person for contact purposes;
* full name, postal address, e-mail address, voice telephone number and (where available) fax number of the technical contact for the domain;
* full name, postal address, e-mail address, voice telephone number and (where available) fax number of the administrative contact for the domain;
* full name, postal address, e-mail address, voice telephone number and (where available) fax number of the billing contact for the domain;
* if domain holder provides own nameservers: Additionally IP addresses of the primary and secondary nameserver for the domain including corresponding name of those nameservers.

Domain holder acknowledges and accepts that this data can be published and made available to anybody in public data storage units, together with his domain, date of registration and expiration.
3.3.

Domain holder warrants that notification equivalent to that described in Section 3.1 above has been given to any third-party individuals whose Personal Data are supplied to Registrar by the domain holder, and that the domain holder has obtained the consent equivalent to that referred to in Section 3.2., last paragraph, of any such third-party individuals.
3.4.

Domain holder and any other data subject can review all data according to 3.2. in the Whois Database of the registrar. Corrections can be sent to customer support any time.