READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING THE EARTHLINK WEB HOSTING SERVICE AND THE EARTHLINK DOMAIN NAME REGISTRATION SERVICE, IF APPLICABLE.

1. AGREEMENT

This Service Agreement ("Agreement") is between EarthLink, Inc. ("EarthLink") and you for the EarthLink Web Hosting Service in which you agree to use and EarthLink agrees to provide the EarthLink Web Hosting Service. This Agreement consists of the terms and conditions below, the specific terms of the EarthLink Web Hosting Service's package you selected ("Package"), and the EarthLink Privacy Policy and the EarthLink Acceptable Use Policy, which are found at www.earthlink.net/about/policies, all of which are incorporated herein. Section 12 of this Agreement sets forth the specific terms regarding the EarthLink Domain Name Registration Service which is available through the purchase of any Package and applies if you are using this service.

By establishing an account for the EarthLink Web Hosting Service with EarthLink or using the EarthLink Web Hosting Service, you agree to be bound by this Agreement and to use the EarthLink Web Hosting Service in compliance with the terms of this Agreement.

2. ORDER ACCEPTANCE

Your order is only accepted by EarthLink by its sending written confirmation of your order to you. EarthLink will charge your credit card or debit card for applicable set-up fees, if any, and monthly fees according to the Package you selected.

3. EARTHLINK WEB HOSTING SERVICE

EarthLink will host your web site on EarthLink's servers according to the Package selected by you provided that you abide by the terms and conditions set forth in this Agreement. EarthLink will provide email boxes, web hosting storage and associated services as specified in the Package you selected. You will retain copies of such Package for future reference. EarthLink has the right to change prices, or add or discontinue features of the EarthLink Web Hosting Service. Such right extends to any software supporting the EarthLink Web Hosting Service. EarthLink has the right to remove or reassign IP addresses of your web site. From time to time EarthLink may impose reasonable rules and regulations regarding the use of the EarthLink Web Hosting Services. EarthLink has the right to discontinue certain services and features. Usernames, passwords, and email addresses are EarthLink's property and EarthLink may alter or replace them at any time.

You are solely responsible for the computer and software necessary to use the EarthLink Web Hosting Service and for the management of your information on your web site including back up and restoration of your data. You also agree that you are responsible for the security of your computer and data including, but not limited to, the encryption of data and the protection of you usernames and passwords.

You will provide EarthLink with materials and data in a "server-ready" condition which means that it will not require additional manipulation by EarthLink to host your web site ("Server-Ready"). Materials include, but are not limited to, (i) any form of text files or documents in any format (.txt, .doc, .pdf); (ii) pictures, music, video, and other binary files; (iii) executable scripts known as CGIs (or any other web application software that makes a web site more interactive); or (iv) anything else that EarthLink did not explicitly provide as part of the EarthLink Web Hosting Service.

EarthLink will not provide any consultation in getting your web site Server-Ready. In the event that the material and data are not Server-Ready, EarthLink has no responsibility for providing consultation to you to get your web site Server-Ready and EarthLink may, at its option and at any time, reject such material and data, including but not limited to after it has been put on one of EarthLink's servers. EarthLink will notify you immediately of its refusal of such materials and provide you with the opportunity to amend or modify such materials to satisfy EarthLink's Server-Ready requirements. If you fail to modify such materials, as directed by EarthLink, within a reasonable period of time, this Agreement will be deemed to be terminated.

You warrant that you have the right to use the trademarks and content that you place on your web site.

EarthLink will not be responsible for validating information on your web site for correctness, usability or content. EarthLink may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize EarthLink to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to you. EarthLink, the EarthLink Web Hosting Service and other EarthLink products and services, and their related logos, are trademarks of EarthLink ("EarthLink Marks"). You agree not use any EarthLink Marks on your web site or anywhere without the prior written permission of EarthLink.

Upon payment of all fees due and owing to EarthLink under this Agreement, EarthLink hereby grants, and you hereby accept, a nontransferable, revocable, non-sublicensable, and non-exclusive license to use the EarthLink software as part of the Package and other software tools ("EarthLink Software") that you may select from the EarthLink control center solely in connection with the EarthLink Web Hosting Services during the term of this Agreement. Any rights not expressly granted herein will be reserved for EarthLink. The source code is specifically excluded from the license granted hereunder. EarthLink will, at all times, retain ownership of all right, title and interest to any and all intellectual property rights in the EarthLink Software, including all updates, improvements, modifications and enhancements, furnished to you hereunder. Except for the licenses set forth in this Agreement, nothing in this Agreement grants to or confers in you any license or right of ownership in any of the foregoing. You will not reproduce, copy or publicly display, or permit anyone else to reproduce, copy or publicly display, any of the EarthLink Software except pursuant to reasonable backup procedures, or for use in your web site pursuant to this Agreement, nor; create or attempt to create, or permit others to create or attempt to create, by disassembling, reverse engineering, decompiling or otherwise, the source programs or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement. This license will automatically terminate upon the termination of this Agreement.

4. ACCOUNT REQUIREMENTS

In order to order and receive the EarthLink Web Hosting Services including the EarthLink Domain Name Registration Service, if applicable, you acknowledge that you either (i) are eighteen (18) years of age or older and you have legal authority to enter into this Agreement, or (ii) represent a corporation, partnership or other legal entity duly formed (and incorporated where applicable) in good standing and you have the legal authority and power to enter into this Agreement on behalf of such entity. You must provide EarthLink with a valid credit card or other EarthLink approved payment methods for the EarthLink Web Hosting Service.

5. PAYMENT

All monthly fees and set-up fees, if applicable, will be due in advance of the month incurred. Fees may also include charges for the additional features that you have opted to purchase from EarthLink for your web site which are add-ons to the features included in your Package. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes tin such information promptly to EarthLink. In the event that your web site exceeds the maximum bandwidth for either web hosting storage or monthly data transfer specified in your Package, then you will be billed for the overage amount. All payments will be made in United States dollars.

You will be responsible for paying all taxes, surcharges, and fees set by the government. EarthLink may not always give advance notice of changes to these items. You also agree to pay any and all taxes in connection with any purchases made from your web site.

Except as provided below, the set-up fees, if applicable, are nonrefundable and EarthLink does not issue pro rata refunds for fees paid in advance. Your right to use the EarthLink Web Hosting Service is subject to any limits established by EarthLink or by the issuer of your credit card. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance, which is more than thirty (30) days overdue.

You are responsible for any charges to your account. Questions regarding charges to an account should be directed to the EarthLink Customer Service Department at (888) EARTHLINK (888-327-8454) or via online chat at www.support.earthlink.net. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date and mailed to:

EarthLink, Inc.
Customer Service
1375 Peachtree Street, Level A
Atlanta, Georgia 30309

Adjustments will not be made for charges that are more than thirty (30) days after the billing date.

Your account will be automatically suspended if you applied a stop payment to your financial institution in connection with payment of your monthly bill.

Charges may be billed on or after your billing cycle date to your method pf payment on file each month for the EarthLink Web Hosting Service and any additional usage, services, taxes and fees. EarthLink is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by EarthLink. If you provided EarthLink with a valid credit card, you agree to maintain valid and current credit card information on file with EarthLink at all times. You acknowledge and agree that you authorize EarthLink and that EarthLink does not need to obtain any additional authorization from you for any recurring payments, automatic billing options or updated credit card information provided by your credit card company to EarthLink.

If payment by check was approved by EarthLink, then payments by check must be received by EarthLink by the due date on the monthly invoice. When you pay your fees by check, you authorize EarthLink to electronically process your payment. If your check is processed electronically, your checking account may be debited on the same day as EarthLink receives your check and neither your check nor a copy of your check will be included with your checking account statement.

Delinquent accounts may be suspended or canceled at EarthLink's sole discretion; however charges will continue to accrue until the account is canceled. If you pay your monthly Service fee to a third party provider, your account also may be suspended for non-payment if your account is delinquent. If your account is suspended, you may be charged a reinstatement fee to reactive your account.

If you upgrade or downgrade to another Package, there will not be any cost for upgrading or downgrading except for the difference in the monthly fees for the upgraded or downgraded Package. Such upgrade or downgrade will take effect immediately and you will be automatically charged, via the payment method you provided, the fees based upon your upgraded or downgraded Package. In the event that you changed Packages during your monthly billing period, your payment method will be charged a pro-rata amount for the changed Package for such period as of the date of such upgrade.

6. CANCELLATION

Each Package charges a monthly fee which is due a month in advance. If you are dissatisfied with the EarthLink Web Hosting Service or any related terms, conditions, rules, policies, guidelines, or practices, you can cancel your account in accordance with the terms of this Agreement.

EarthLink offers a thirty (30) day money back guarantee on each Package. Within the first thirty (30) days, you may cancel the EarthLink Web Hosting Service by notifying EarthLink by calling the telephone number or writing to the address listed below. In such case, you will receive a full refund of any amounts paid pursuant to this Agreement, except for set-up fees or domain registration fees, which are nonrefundable. After the initial thirty (30) day period, the EarthLink Web Hosting Service will be deemed accepted for all purposes, provided no written claim has been received by EarthLink within such thirty (30) day period.

To cancel the EarthLink Web Hosting Service and/or EarthLink Domain Name Registration Service, you must do one of the following:(EarthLink does NOT accept cancellations by email)

Phone Cancellation: EarthLink toll-free number at 800-955-0186.

Fax Cancellation: Please include your account number and a current phone number and fax to 404-795-1034

Mail Cancellation: Send registered or certified mail, return receipt requested to:

EarthLink, Inc.
Cancel Web Hosting Service or Domain Name Registration Service (whichever is applicable)
1375 Peachtree Street
Level A
Atlanta, GA 30309

Accounts are set to close at the end of the current billing period. When canceling by telephone, you will be issued a confirmation number as your only proof of cancellation.

EarthLink does not grant refunds or credits for any prior use including partial use of the EarthLink Web Hosting Package during the last month of cancellation. If you paid the annual fee in advance for the EarthLink Domain Name Registration Service and then cancelled during the year, EarthLink will not refund or credit this annual fee.

If you cancel by one of the prescribed methods listed above and are mistakenly billed again, EarthLink will refund any erroneous charges upon proof of cancellation.

Upon any termination by you, EarthLink will permit you to download or otherwise copy electronic materials, data, and files comprising your web site, as well as any emails residing on EarthLink's servers until the end of the nearest billing cycle. However, you may request immediate removal of such information. EarthLink will try to satisfy your request but will not be under an obligation to do so. EarthLink will not be liable for such deleted content and data. EarthLink reserves the right to retain certain technical information about your web site such as logs and statistics for a period of time as needed for technical and regulatory reasons. Any server logs generated by or in connection with your web site will remain property of EarthLink.

If EarthLink waived the registration fee of your domain name and you cancel the EarthLink Web Hosting Service prior to the 90th day after your account billing start date or whichever date is set forth in your billing plan, then EarthLink has the right to charge you for such domain name registration fee.

Upon termination by EarthLink under its sole discretion, EarthLink may immediately remove all of your data and information from EarthLink's servers and you will have no right to copy or download such data or information, and, in such event, all such information and data, including all copyrighted or copyrightable materials therein, will then become the property of EarthLink. In cases where your account has been cancelled, and you are requesting reactivation, EarthLink, at it's option, may reactivate the same account, only if the account had been cancelled less than sixty (60) days prior. After sixty (60) days, you will be required to set up a new account.

7. TERM OF THIS AGREEMENT

The effective date of this Agreement begins on your account billing start date, as indicated on your first invoice. This Agreement continues from month to month until either EarthLink or you terminate the EarthLink Web Hosting Service.

EarthLink reserves the right to change prices of your Package upon thirty (30) days written notice prior to the effective date of such new pricing. EarthLink reserves the right to change any of the features, content or applications of the EarthLink Web Hosting Service at any time with or without notice to you. Current EarthLink Web Hosting Service prices and features may be obtained by visiting the EarthLink web site located at www.earthlink.net or by calling (888) 327-8454.

EarthLink may terminate this Agreement, your password, your account, or your use of the EarthLink Web Hosting Service for any reason, including, without limitation, if EarthLink, in its sole discretion, believes you have violated this Agreement, the EarthLink Acceptable Use Policy or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided when subscribing to the EarthLink Web Hosting Service. Sections 5, 6, 7, 8, 11, 13 and 14 of this Agreement will survive termination of this Agreement.

8. YOUR ACCOUNT, PASSWORD, AND SECURITY

Upon registration, you will receive a username, password, and other account information. You are responsible for maintaining the confidentiality of both your password and your account and are responsible for all activities that occur under your password and your account. You agree to immediately notify EarthLink of any unauthorized uses of the account or any other breaches of security. EarthLink will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will EarthLink be liable, in any way, for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

EarthLink technical support may be limited. Limitations may include, but are not limited to, certain software, certain operating systems, and certain EarthLink-provided services that are no longer marketed by EarthLink.

9. YOUR USE OF THE EARTHLINK WEB HOSTING SERVICE

You agree to use the EarthLink Web Hosting Service only for lawful purposes. You agree and warrant that that the content on your web site and transmission of any data from your web site (i) will not violate any federal, state, local or foreign laws, rules or regulations, and (ii) will not violate the rights of any person, group or entity including the intellectual property rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not licensed to you. You will not use the network resources of EarthLink to impersonate another person or misrepresent authorization to act on behalf of others or of EarthLink. Any emails sent in connection with your web site must correctly identify the sender. In addition, you agree to comply with the EarthLink Acceptable Use Policy, which is incorporated herein.

You will not attempt to undermine the security or integrity of EarthLink's servers or networks including, but not limited to, port scanning, vulnerability probing or denial of service attacks of any kind on EarthLink's networks and servers. In addition, running excessively CPU intensive CGIs such as IRC bots and utilities, Bit Torrent clients, and any application that acts as a server and listens for inbound network connections are prohibited from running on EarthLink's servers. Software that acts as a proxy server/scripts also is not permitted. If your processes are adversely affecting server performance, EarthLink reserves the right to terminate and disable the offending processes even if such action causes disruption to your web site. EarthLink restricts run time of any customer's CGI process to five minutes.

Using the EarthLink Web Hosting Service to send unsolicited bulk emails or usenet postings (spam) are also prohibited. Engaging in activities pertaining to Black Hat SEO, spandexing and so-called "scraper sites" are prohibited. EarthLink reserves the right to disable any portion of your web site if EarthLink determines, at its sole discretion, that your web site is being used for spamming, hacking or any other type of illegal activity.

10. MONITORING THE EARTHLINK WEB HOSTING SERVICES

EarthLink has no obligation to monitor the EarthLink Web Hosting Service, but may do so and disclose information regarding use of the EarthLink Web Hosting Service for any reason if EarthLink, in its sole discretion, believes that it is reasonable to do so, including to: comply with laws, regulations, or governmental or legal requests; operate the EarthLink Web Hosting Service properly; or protect itself, its employees, its customers or others as described in the Privacy Policy. EarthLink may immediately remove your Materials or information from EarthLink's servers, in whole or in part, which EarthLink, in its sole and absolute discretion, determines to infringe another's property rights or to violate the EarthLink Acceptable Use Policy or other policies, laws or regulations.

11. DISCLAIMERS, WARRANTIES AND INDEMNIFICATION REGARDING THE EARTHLINK WEB HOSTING SERVICES

YOU ACKNOWLEDGE THAT THE EARTHLINK WEB HOSTING SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EARTHLINK AND SUPPLIERS DO NOT WARRANT THAT THE EARTHLINK WEB HOSTING SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. EARTHLINK AND ITS SUPPLIERS MAKE NO EXPRESS WARRANTIES AND WAIVE ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR. NO ADVICE OR INFORMATION GIVEN BY EARTHLINK OR ITS REPRESENTATIVES WILL CREATE A WARRANTY. EARTHLINK, ITS EMPLOYEES AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE EARTHLINK WEB HOSTING SERVICE INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, SUCH PARTIES' CUMULATIVE LIABILITY TO YOU FOR ANY ANDALL CLAIMS RELATING TO THE USE OF THE EARTHLINK WEB HOSTING SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF THE EARTHLINK WEB HOSTING SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.

EARTHLINK AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE FOR THE LOSS OF ANY FILES OR GENERATED DATA DELETED FROM YOUR WEB SITE AND WILL NOT BE OBLIGATED TO COMPENSATE YOU FOR ANY DOWNTIME, WHETHER CAUSED BY YOU, EARTHLINK OR ITS SUPPLIERS.

EARTHLINK AND ITS SUPPLIERS WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE EARTHLINK WEB HOSTING SERVICE; YOUR RELIANCE ON OR USE OF THE EARTHLINK WEB HOSTING SERVICE, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, service interRuptions, OR ANY FAILURE OF PERFORMANCE OF THE EARTHLINK WEB HOSTING SERVICES; INABILITY TO ACCESS THE EARTHLINK WEB HOSTING SERVICE DUE TO CONNECTIONS, INTERNET ROUTING, FILTERING BY GOVERNMENT AGENCIES, HACKING, SPAMMING OR ANY OTHER CIRCUMSTANCE OUTSIDE THE CONTROL OF EARTHLINK OR ITS SUPPLIERS; THE USE OF THE EARTHLINK WEB HOSTING SERVICE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF THE EARTHLINK WEB HOSTING SERVICES, AND OTHER INFORMATION,AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH YOUR WEB SITE.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF EARTHLINK, ITS OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

You will defend, indemnify and hold EarthLink, its officers, directors, employees, subsidiaries, affiliates, agents, suppliers and contractors harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that EarthLink, officers, directors, employees, subsidiaries, affiliates, agents, suppliers or contractors may sustain or incur by reason of your use of the EarthLink Web Hosting Service (i) in violation of applicable laws, regulations or the terms of this Agreement, (ii) to transmit any messages, content, images or other information via the Internet, (iii) in connection with any claims for infringement of any intellectual property rights arising from or in connection with use of the EarthLink Web Hosting Service, or (iv) in any manner that harms any person resulting in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property.

12. THE FOLLOWING SECTION 12 ONLY APPLIES IF YOU REGISTERED YOUR DOMAIN NAME THROUGH EARTHLINK AS PART OF THE PACKAGE OR TRANSFERRED YOUR DOMAIN NAME T0 EARTHLINK

1. ICANN
   
   EarthLink currently provides the EarthLink Domain Name Registration Service through the services provided by a registrar accredited through the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net and .org top-level domains. ICANN oversees the .com, .net, .org, .biz, .info, and .us top-level domains ("TLDs"). EarthLink accepts applications to register and renew domain names with .com, .net, .org, .biz, .info, and .us TLDs in Roman-alphabet languages. Upon accepting your application to register or renew a domain name with a .com, .net, .org, .biz, .info, or .us TLD, EarthLink essentially acts as your sponsor for that application. All .com, .net and .org domain name applications will be processed through EarthLink's registrar. The registration and renewal applications EarthLink process are not effective until the domain name registration or renewal information you provide us is delivered to the registry administrator for the .com, .net, .org, .biz, .info, or .us TLDs, as applicable, and the registry administrator puts into effect your domain name registration or renewal.
   
   You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all .com, .net and .org domain name registrations or renewals which can be found at http://www.icann.org/dndr/udrp/policy.htm.
   
2. No Guarantee of Registration or Renewal
   
   You acknowledge and agree that EarthLink does not guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since EarthLink cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further acknowledge and agree that EarthLink may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that EarthLink is not liable or responsible in any way for any errors, omissions or any other actions by any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. In addition, EarthLink is not responsible for any domain names that you chose not to renew its registration.
   
3. The Customer Relationship
   
   By submitting the domain name registration application to EarthLink, you acknowledge and agree that you are a customer of EarthLink for purposes of the EarthLink Domain Name Registration Services. You further acknowledge that there is no customer relationship between you and EarthLink's registrar created hereunder. You agree that upon termination of EarthLink's relationship with its registrar, EarthLink may, in its sole discretion, with the assistance of its legacy registrar transfer your domain name registration to a new registrar partner at no additional charge to you and that this Agreement will continue in full force and effect.
   
4. Your Representations
   
   By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (i) the statements that you made in connection with such application for registration, maintenance, or renewal are complete, truthful and accurate; (ii) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (iii) you are not registering the domain name for an unlawful purpose; and (iv) you will not knowingly use the domain name in violation of any applicable laws or regulations. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates a third party's rights including, but not limited to, whether any foreign language translations of your domain name, infringe or violate someone else's rights.
   
   You agree to notify EarthLink of any claim or potential claim against your domain name, including, but not limited to, the initiation of a dispute under UDRP, within five (5) business days of same. In the event that you lose your right to use a domain name used in connection with the EarthLink Web Hosting Services, whether through expiration of the domain name, judicial decree, administrative decisions of the UDRP or otherwise, you agree to inform EarthLink immediately and, if applicable, inform EarthLink of the party to whom the domain name is to be transferred and to authorize EarthLink to take any and all action necessary to effect such transfer.
   
5. Domain Name Registrant
   
   EarthLink considers the entity named as the administrative contact for the domain name at the time the controlling User name and password are secured to be the registrant of that domain name.
   
6. Fees; Renewals
   
   As consideration for the EarthLink Domain Name Registration Services, you agree to pay EarthLink, upon submission of your domain name application, renewal application, or registrar transfer application to EarthLink, the then-current fees set forth in the EarthLink price schedule for such EarthLink Domain Name Registration Service. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then-current registration term. EarthLink 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 domain name application, renewal application, or registrar transfer request will not be submitted to EarthLink's registrar until EarthLink receives actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by EarthLink in its sole discretion).
   
   In the event of a chargeback 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 registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration will be transferred to EarthLink as the entity that has paid the registration, renewal, or transfer fee for that registration to the registry, and that EarthLink reserves all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. EarthLink will reinstate any such registration solely at EarthLink's discretion, and subject to EarthLink's receipt of the applicable registration, renewal, or transfer fee and EarthLink's then-current reinstatement fee.
   
   Unless you contact EarthLink in writing to give alternate instructions, EarthLink will automatically renew your domain name registration for one year at the then-current renewal fee, charging the original credit card you used to register your domain name. If you wish to change your billing information, you must do so by contacting EarthLink at least thirty (30) business days before your domain name registration expires, otherwise your original credit card will be billed. If your original credit card has expired or is otherwise invalid, you must contact EarthLink to provide us with a valid credit card or some other reasonable assurance of payment (the latter to be determined by EarthLink at its sole discretion). You acknowledge and agree that you authorize EarthLink and that EarthLink does not need to obtain any additional authorization from you for any recurring payments, automatic billing options or updated credit card information provided by your credit card company to EarthLink.
   
   However, if you do not provide EarthLink with valid billing information or other assurance of payment before your domain name registration expires or if your credit card company does not provide EarthLink with your updated credit card information and your old credit card expired, your domain name registration will not be renewed.
   
   You may renew your domain name at any time before its expiration by contacting EarthLink.
   
7. Domain Name Revisions and Additions to this Agreement
   
   You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that EarthLink may modify this Agreement, as well as any additional rules or policies that are or may be published by EarthLink, as necessary to comply with any ICANN-accepted policy, or with any other agreements that EarthLink 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 any domain name registered through EarthLink will constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by EarthLink, each with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be canceled or transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and EarthLink's sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by EarthLink.
   
8. Use of Information
   
   You hereby acknowledge and agree that, in connection with your use of the EarthLink Domain Name Registration Service, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. Except as set forth below, all other information that EarthLink may request from you in connection with domain name registration, administration, and renewal services is voluntary.
   
   The information you are obligated to provide and keep current in connection with your use of EarthLink's domain name registration, administration, and renewal services is the following: (i) your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder); (ii) the domain name being registered; and (iii) the name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration.
   
   You acknowledge and agree that when you renew a domain name registration through the EarthLink Domain Name Registration Service, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed.
   
9. Additional Information Maintained
   
   In addition to the information you provide ("User Information"), EarthLink may maintain records relating to any domain name application received by EarthLink, as well as any domain name registered through, administered, or renewed by EarthLink. EarthLink also maintains records relating to the EarthLink Domain Name Registration Services that EarthLink provides to you. These records may include, but are not limited to: (i) the original creation date of a domain name registration, renewal, or request for service; (ii) the submission date and time of a registration or renewal application to us and by us to the proper registry; (iii) communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us; (iv) records of your account, including dates and amounts of all payments and refunds; (v) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (vi) the corresponding names of those nameservers; (vii) the name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name; (viii) the expiration date of a domain name registration; and (ix) information regarding all other activity between you and us regarding your use of the EarthLink Domain Name Registration Services (collectively, "Other Information"). To process your registration or renewal application, EarthLink may provide the User Information and the Other Information to its registrar.
   
10. Obligations Relating to the Information You Provide
    
    In the event that you provide information about a third party in applying for the registration of a domain name or you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (i) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (ii) 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 and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by EarthLink concerning the accuracy of contact details associated with your domain name registration will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
    
11. Disclosure and Use of Information
    
    You acknowledge and agree that EarthLink may make available information you provide or that EarthLink otherwise maintains to such public or private third parties as applicable laws require or permit. EarthLink may disclose personal information regarding your use of the EarthLink Domain Name Registration Services for any reason if, in its sole discretion, EarthLink believes that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating the EarthLink Acceptable Use Policy or other user policies; to operate the EarthLink Domain Name Registration Services properly; or to protect EarthLink.
    
    You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any EarthLink Domain Name Registration Services (including any updates to such information), whether during or after the term of your registration of a domain name or other services. You further acknowledge that EarthLink's registrar may use certain of the information provided by EarthLink regarding your domain name registration or renewal application in a manner consistent with EarthLink's registrar's terms of usage and user agreement. EarthLink will only provide its registrar with that information necessary to process your registration. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by EarthLink.
    
    EarthLink will not process data about any identified or identifiable natural person that EarthLink obtains from you in a way incompatible with the purposes and other limitations set forth herein.
    
12. Communications
    
    Communications with EarthLink are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of EarthLink.
    
13. Ownership of Data
    
    You acknowledge and agree that EarthLink owns all database, compilation, collective and similar rights, title and interests worldwide in EarthLink's domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to EarthLink a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in its business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction (other than as set forth in Section N of this Agreement) the following information: (i) the original creation date of a domain name registration, (ii) the expiration date of a domain name registration, (iii) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (iv) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (v) any other information EarthLink generates or obtains in connection with the provision of the EarthLink Domain Name Registration Services. EarthLink does not have any ownership interest in your specific personal registration information or other information other than EarthLink's rights in its domain name database, as set forth in this Section M.
    
14. Agents and Licenses
    
    You agree that, if you are using the EarthLink Domain Name Registration Services for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You accept liability for harm caused by wrongful use of the EarthLink Domain Name Registration Services. You agree that if you license the use of a domain name registered in your name 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. As further required by ICANN, you will accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.
    
15. System Performance Degradation
    
    EarthLink's delivery of the EarthLink Domain Name Registration Services depends upon its computer system and the computer system of its registrar, both of which are responsive to the demands of the domain name registration process. Occasionally, EarthLink's computer system or its registrar's computer system are subjected to exceptional volumes of incoming domain name registration requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of EarthLink's or its registrar's system processing and response time. Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming electronic messages, EarthLink reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high-volume traffic. EarthLink will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. EarthLink further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
    
16. Limitation of Liability
    
    YOU AGREE THAT EARTHLINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND CONTRACTORS ("THE EARTHLINK PARTIES") WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (I) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (II) USE OF YOUR DOMAIN NAME REGISTRATION, (III) INTERRUPTION OF BUSINESS, (IV) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (V) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (VI) EVENTS BEYOND EARTHLINK'S REASONABLE CONTROL, (VII) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (VIII) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. THE EARTHLINK PARTIES ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE 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 THE EARTHLINK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL any one Of THE EARTHLINK PARTIES' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE EARTHLINK DOMAIN NAME REGISTRATION 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, THE EARTHLINK PARTIES' LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    
17. Indemnification
    
    You agree to defend, indemnify and hold harmless the EarthLink Parties for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand related to (i) your use of the EarthLink Domain Name Registration Services, including, but not limited to, your application for registration, registration, or renewal of any domain name registered in your name, and (ii) your use of any domain name registered in your name. You additionally agree to indemnify, defend and hold harmless the EarthLink Parties 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 application for and registration of, renewal of, or failure to register or renew, a particular domain name. These indemnification provisions are in addition to any indemnification required under the UDRP or any similar policy.
    
18. Representations and Warranties
    
    YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME YOU HAVE APPLIED FOR NOR THE MANNER IN WHICH IT IS INTENDED TO BE OR 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 USE OF THE EARTHLINK DOMAIN NAME REGISTRATION SERVICES IS ACCURATE AND CURRENT. THE EARTHLINK DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." EARTHLINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE EARTHLINK 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, EARTHLINK 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.
    
19. Suspension, Cancellation, Transfer
    
    You acknowledge and agree that EarthLink may suspend, cancel, transfer or modify your use of the EarthLink Domain Name Registration Services at any time, for any reason, in EarthLink's sole discretion. You also acknowledge and agree that EarthLink may suspend, cancel, transfer or modify your domain name registration if (i) you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by EarthLink, (ii) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (iii) you use your domain name in connection with unlawful activity.
    
    You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN-adopted policy, (iii) any registrar or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. You also agree that EarthLink will have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as EarthLink receives (i) a properly authenticated notification from a court of competent jurisdiction, or (ii) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.
    
    If you contact EarthLink that you do not want EarthLink to renew your domain registration, then the domain name registration will just continue until the end of the registration period. You may renew it yourself or transfer the domain name registration to another registrar.

13. JURISDICTION

This Agreement is governed by Georgia law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, will be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Georgia law and will be held in Atlanta, Georgia. The arbitrator will be an expert in the field of Internet services. The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There will be no class action arbitration pursuant to this Agreement.
California residents are entitled to the following information:

• The EarthLink Web Hosting Service is provided by EarthLink, Inc., 1375 Peachtree Street, Atlanta, Georgia 30309. Phone: 800-955-0186.
• Current pricing may be obtained from the EarthLink web site: www.earthlink.net. EarthLink reserves the right to change prices and institute new fees at any time upon thirty (30) days prior notice.
• Complaints and questions about the EarthLink Web Hosting Service should be directed to EarthLink Customer Service at (800) 800-955-0186. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA95814 or by telephone at (916) 445-1254.

Actions arising from this Agreement may be brought in an appropriate California small claims court.
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration through the EarthLink Domain Name Registration Service, this Agreement is governed as stated above. Notwithstanding the foregoing, for the adjudication of disputes concerning or in connection with your domain names registered hereunder, you acknowledge and agree that you will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of the domain name holder's domicile, or (ii) where EarthLink's headquarters are located which is currently in Atlanta, Georgia.

14. MISCELLANEOUS

EarthLink may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the EarthLink Web site located at http://www.earthlink.net/about/policies/ and/or on your start pages and/or by email and/or in mailings to you.
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 EarthLink. By continuing to use the EarthLink Web Hosting Service or the EarthLink Domain Name Registration Service after the amendments are effective, you accept and agree to abide by them.

You agree that any and all press releases and other public announcements related to this Agreement, including the method and timing of such announcements, will receive the prior written approval in writing from EarthLink. EarthLink reserves the right to withhold approval of any public announcement in its sole discretion.

You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of EarthLink, and any attempted assignment or delegation without such consent will be void. If one or more provisions of this Agreement will be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired thereby. EarthLink 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 EarthLink as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. EarthLink may subcontract any work, obligations or other performance required of EarthLink under this Agreement without your consent. EarthLink will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a government in its sovereign capacity, acts of war, terrorism, acts of a public enemy, fires, earthquakes, acts of God, labor disputes, strikes, work slow-downs or other labor-related activity.

Version: 11-02-2009