Discount-Domain.com Registration Agreement GMO Internet, Inc. Agreement concerning Registration through "Discount-Domain.com" This "Agreement Concerning Registration Through Discount-Domain.com" (hereafter referred to as the "Registration Agreement") stipulates the relation between individual/organization who want to make or have completed registration through Discount-Domain.com (hereafter referred to as the "Registrant") and GMO Internet, Inc. (hereafter referred to as the "Company") with regard to using Discount-Domain.com as a provider. Discount-Domain.com provides a service (hereafter referred to as the "Service") for the registration (hereafter referred to as "Registration") of second level domain names under top level domains on the Internet. Discount-Domain.com is a formal domain name registrar authorized by the Internet Corporation for Assigned Names and Numbers (hereafter referred to as "ICANN") and licensed by registries (hereafter referred to as "Registries") as a provider to register and manage domain names. Discount-Domain.com is managed under such authorization and licensing. The Registrant is requested to read this Registration Agreement thoroughly and to consent to it before using the Service. Article 1 (Abiding by laws and ordinances) Laws and ordinances that are applied to this Registration Agreement the registrar authorization contract between the Company and ICANN (including amended or renewed contracts if such contracts are amended or renewed in the future, and hereafter collectively referred to as "ICANN Contract", the registrar licensing contract between the Company and the registrar licensing contract between the Company and Registries (including amended or renewed contracts if such contracts are amended or renewed in the future, and hereafter collectively referred to as "Registry Contracts") and policies, instructions, guidelines and other agreements concerning domain names (here after collectively referred to as "Policies, etc.," such laws and ordinances, contracts and Policies, etc. are hereafter collectively referred to as "Laws and Ordinances, etc."), which ICANN and Registries may from time to time adopt supercede this Registration Agreement and if there is any contradiction between the Laws and Ordinances, etc. and this Registration Agreement, the Laws and Ordinances, etc. shall have precedence. If any Registrant files an application for Registration, such Registrant shall be deemed to have agreed to obey this Registration Agreement, all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, and any agreements, regulations, rules, policies, guidelines, etc. (hereafter referred to as "Agreements, etc.") pertinent to this Registration Agreement, which was established for the purpose of management and control of Discount-Domain.com, and pursuant to Laws and Ordinances, etc. Article 2 (Term of Registration) The term of the initial Registration through this Service (hereinafter referred to as the "Initial Term") shall be for one through ten years or in the event the Registration is renewed, the term of the Registration shall be a period of up to ten years (hereinafter referred to as the "Renewed Term," with the Initial Term and the Renewed Term collectively referred to as the "Term of Registration"). A Registrant who wishes to renew Registration shall take necessary steps as established by the Company to renew Registration by the termination date of the term of the Registration, and the Company will not renew the Registration unless the Registrant takes such steps. The Registrant may take necessary steps as established by the Company to renew the Registration of the domain name for 23 days after expiration of the Term of Registration; however, the Registrant acknowledges and agrees that the Company has the right to cancel the Registration of the domain name at any time once the Terms of Registration is expired. In the event the Registration is not renewed within 23 days after expiration of the Term of Registration, the Registration of the domain name will be removed from the zone file and will not be resolved (hereafter referred to as the Removed Domain Name). The Registrant may renew the Removed Domain Name, for up to 30 days, by taking necessary steps as established by the Company; however, the Registrant acknowledges and agrees that the Company, for any reason and in the Company's sole discretion, chooses not to renew the Removed Domain Name and the Company shall not be liable therefore. Article 3 (Service Fee) The Registrant agrees to pay the corresponding initial registration fee for the Initial Term, the corresponding yearly renewal fee for the Renewed Term, and other charges, expenses, etc. (hereafter collectively referred to as "Service Fees") in accordance with regulations concerning service fees (hereafter referred to as "Service Fee Regulations") as fixed in the Discount-Domain.com Service Fee Regulations determined by the Company. In any case, the Company will not proceed with Registration until receiving the payment of the initial registration fee and the portion of the Service Fee necessary for Registration and will not renew the Registration until receiving the payment of the renewal fee and the portion of the Service Fee necessary for Renewal. The Company may for any reason not reimburse the Service Fee paid in accordance with the provisions of Subsection 1. The Company may amend the Service Fee Regulations (including the amount of the Service Fee). In the event that the Company amends the Service Fee Regulations, these changes will be announced to the Registrant by means indicated on the Company's Web site. Effectiveness of the Service Fee Regulations shall not be affected regardless of the Registrant's no knowledge of such announcements. Article 4 (Collecting and Using the Information) The Company collects certain information (hereafter referred to as the "Registrant Information") from the Registrant we are required to obtain, store and pass on to the relevant registry when you apply to register, renew, modify and/or cancel a domain name. The information includes: Registrant full name, organization name, postal address, phone number, e-mail address and where applicable, facsimile number; Full name, mailing address, phone number, e-mail address and where applicable, facsimile number of Administrative Contact; Full name, organization name, postal address, phone number, e-mail address and where applicable, facsimile number of Technical Contact; Full name, organization name, postal address, phone number, e-mail address and where applicable, facsimile number of Billing Contact; Other information (e.g. name server information) required by Registries (hereafter referred to as the Domain Information); Payment details such as your credit card number. The Company may request the Registrant to provide the Registrant Information and/or Domain Information and updated information thereof as a part of the Service. The Registrant agrees not to provide erroneous, incorrect, or ambiguous Registrant Information, and to update the Registrant Information without delay. ICANN requires all registrars to make the Registrant Information and Domain Information (hereafter collectively referred to as the Registration Information) to the public via a publicly accessible database known as WHOIS. The Registrant acknowledges and agrees that the Registration Information will be disclosed to the public via WHOIS. The Registrant also acknowledges and agrees to obey the Policies, etc. that ICANN establishes or requests made by ICANN with respect to such utilization. Furthermore, the Registrant acknowledges and agrees that the Registration Information may be used when the Company communicates with the Registrant and measures and analyzes the Registrant experience of the Services and support. The Company may pass on to and/or share the Registration Information with the Registries, Registrars, domain dispute service providers accredited by ICANN, organizations that receives the Registrant Information from the Registries and third parties in case of the preceding Subsection, when fulfilling obligations or requirements of the Laws and Ordinances etc., and/or when necessary for maintenance or control of the domain name system or the Service and when the Company reasonably judges that such action is appropriate. Otherwise Company will not disclose Registration Information to any third party without Registrant's consent. The Company agrees to take reasonable safety control measures to protect the collected Registration Information from loss, misuse, unauthorized access or disclosure, alteration, or destruction. The Registrant may request confirmation of the Registrant Information the Registrant provided in accordance with the procedures established by the Company, when amendments to or updates of the Registrant Information are necessary. If the Registrant does not reply to such a request for confirmation within 15 days, the Company may cancel the Registration of the domain name of such Registrant or temporarily suspend the use of the registered domain name. The Company may take measures which the Company judges necessary for control of the Registrant Information or prevention of unreasonable disclosure, modification or demolition of the Registrant Information due to provision of false Registrant Information or unjustified access to Registrant Information. According to the company's ICANN accreditation agreement, we are obliged to provide bulk access to our WHOIS database to third parties requesting this facility. Individual registrants of the company are given the right to "opt-out" of having their data contained within any bulk access files. As a default, individual registrants are opted-out of this list unless a request is received by the company for the registrant to be included in our bulk access files. The Company may notify the Registrant concerning the Registrant Information in accordance with contents and methods as determined by the Company, and the Registrant agrees that such notice may be given. In the event Registrant Information includes personal information from a third party, the Company may request that the Registrant notify the third party with respect to such personal information in accordance with contents and methods determined by the Company. Article 5 (Restriction on Registration and Use) 1. If the Company reasonably judges that the Registration or the use of the domain name is subject to any of the following conditions, the Company may refuse the Registration of the domain name, cancel or remove the Registration, or temporarily suspend the use of the domain name: a. Violation of laws or ordinances, or threatening such a violation, b. Conflict with the ICANN contract, or threatening such a conflict, c. Conflict with the Registry contracts, or threatening such a conflict, d. Conflict with the Policies, etc. of ICANN, Registries, or threatening such a conflict, or e. Conflict with Internet or self-imposed restrictions for Internet providers or users, or threatening such a conflict. 2. If the Company judges that the Registration or the use of a domain name may be subject to any of the conditions in the preceding Subsection, the Company may suspend the steps for Registration or the use of the domain name for a certain period and examine whether or not such conditions exist. The Company will not disclose the details of this process or the result of such an examination. 3. As regards the preceding two Subparagraphs, the party to which the Registration is refused or for whom the steps for Registration were suspended, or the Registrant whose domain name use is suspended or Registration is removed or cancelled shall declare no objections (including the institution of a lawsuit; the same applies hereafter). Article 6 (Registration Through an Agent) The Registrant agrees implicitly to any and all obligations under the Agreement etc., even when the domain name of the Registrant is registered through an Internet service provider, its agents or employees, or another agency. Article 7 (Approval for Use by Third Parties) 1. The Registrant agrees that the Registrant is the owner of the domain name and, consequently, agrees implicitly to any and all obligations under the Agreement etc., even when the Registrant gives a third party approval for the use of the Registrant's domain name. 2. In the event that the Registrant provides information of a third party, the Registrant shall represent that the Registrant has provided notice to the third party of the collection, use, and/or disclosure of the personal information in accordance with the Article 4 of the Agreement, and the Registrant has obtained consent to the collection, use, and/or disclosure of the third party. Article 8 (Limitations on Liability) 1. The Registrant agrees that the Company shall not be held responsible for damages caused by any of the following: a. Registration of domain names (including rejection of Registration, and renewal and rejection of the renewal Registration), b. Use of domain names, c. Service interruption, d. Delay or interruption of access to the Company's Web site or other Web site through the Registrant's domain name, e. Inability to deliver data or incorrect delivery, f. Matters beyond reasonable control of the Service, or g. Application of provisions of the Registration Agreement and other Agreements, etc., including the UDRP. 2. The Registrant agrees that the Company shall not be held liable for any damage due to contracts, torts, or other reasons. 3. If the Company is held liable notwithstanding the preceding two Subsections, the scope of Company liability shall in any case not exceed the total amount which the Registrant paid to the Company for the Registration and maintenance of the domain name in the last three years. Article 9 (Compensation) In the event the Company, ICANN or Registries suffers any loss or damage, or incurs any expense (including a reasonable amount for the fees and expenses of lawyers retained for defense when a third party required or instituted a lawsuit with respect to the use of the Registrant's domain name), the Registrant agrees to compensate the parties involved for such losses, damages and expenses in full, to indemnify those parties, such as ICANN or Registries, and to seek to exempt those parties from any liability. Such compensation shall be made separately from compensation required in accordance with the UDRP. Article 10 (Dispute Resolution Policy) 1. The Registrant agrees to obey the UDRP, and that all problems with respect to domain names that are registered or applications filed for Registration through Discount-Domain.com shall be treated in accordance with the UDRP. 2. The Company may amend the UDRP. In such an event, the Company may delete the domain name of a Registrant who does not agree to such amendments. 3. If any problem pursuant to the above Subsection 1 occurs with a third party, the Registrant promises to avoid involving the Company in such problems. Article 11 (Representation and Warranty) 1. The Registrant represents and warrants the following items with regard to the use of the Service: a. To the best of the registered domain name Registrant's knowledge and belief, neither the registration of the Registered domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party, and b. All of the Registrant Information is accurate and up-to-date, and c. With respect to personal information included in the Registrant Information, complete consent has been obtained for disclosure, use, or notice (including, but not limited to, notification stipulated in Subsection 7, Article 4) in accordance with this Registration Agreement. 2. The Company shall not make any representation and shall not give any warranty with respect to the Service. Article 12 (Suspension, Cancellation, Transfer or Modification) 1. The Company may suspend or cancel the Registration of the Registrant's domain name if the Company discovers a breach by the Registrant of the Registration Agreement and any policy adopted by the Company, and notifies the Registrant to take necessary steps regarding the breach within 30 days, but necessary steps are not taken within such time. 2. The Registrant agrees the registered domain name shall be subject to suspension, cancellation, transfer or modification pursuant to UDRP, any ICANN adopted specification or policy, any registrars (including the Company) or Registries procedure approved by ICANN policy, a. To correct mistakes by Registrar or Registries in registering the domain name, b. For the resolution of disputes concerning the registered domain name. c. In case of arbitration or court proceedings being commenced with respect to the rights to the domain name. Article 13 (Amendment of the Registration Agreement) 1. The Company may amend this Registration Agreement by reason of establishment, amendment or abolishment of Laws and Ordinances etc., or other reasons. In such an event, the Company shall notify the Registrant by means indicated on the Company's Web site, etc. 2. The Registrant shall obey the amended agreement in accordance with the notice of the preceding Subsection. Article 14 (Termination of the Registration Agreement) 1. This Registration Agreement shall be terminated should any of the following occur: a. The Company discontinues provision of the Service, b. Either the ICANN Contract or Registry Contracts are terminated, c. The Service conflicts with the Laws and Ordinances etc., ICANN Contract, Registry Contracts, Policies, etc. of ICANN, Registries, Internet customs or self-imposed restrictions of Internet providers or users, and such conflict cannot be solved within a reasonable period of time even by the amendment of the Registration Agreement. 2. In the event this Registration Agreement is cancelled, the Company may delete the registered domain name through the methods permitted by the Laws and Ordinances etc., ICANN Contract or Registry Contracts, etc. so far long as the domain name of the Registrant is not transferred or the registrar removed. Article 15. (Governing Law and Jurisdiction) 1. This Registration Agreement shall be governed by the laws of Japan. 2. Any dispute arising from this Registration Agreement, Registrant's rights and obligations and all actions contemplated by this Agreement shall be governed by the law of Japan. Registrant agrees that any action to enforce this Agreement or any matter relating to Registrant's use of the Service shall be brought exclusively in the court of Tokyo. 3. For the adjudication of the third party disputes concerning or arising from use of registered domain names, the registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the courts: a. Of the registrant's domicile, b. Where the Company is located. Article 16 (Construal of this Registration Agreement) In the event of ambiguity arising with regard to construal of this Registration Agreement, the Company shall have a right to determine construal within a reasonable scope. The language of this agreement is Japanese, and Japanese is an official text. This registration agreement written in English is a translation of Japanese for the reference. This agreement is effective from January 24, 2006.

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