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TERMS OF USE

This is an agreement between “you” and EnCirca, Inc. (“EnCirca”) a United States Delaware Corporation based in the state of Massachusetts. This agreement explains the basis upon which the domain registration transactions between you and EnCirca will take place and our responsibilities toward each other.

The term “you” shall refer to yourself. By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you’ve established with EnCirca, whether or not the transactions were in your behalf.

To complete the registration process, you must read this entire agreement, as well as our dispute policy and agree to be bound by all the terms and conditions. You acknowledge that EnCirca is a registrar bound by an agreement between EnCirca and the Internet Corporation for Assigned Names and Numbers (“ICANN”). You also acknowledge that EnCirca is a registrar bound by Registrar-Registry Agreements between EnCirca and various Domain Name Registries,including but not limited to, Neustar, Inc., Verisign Inc., Afilias Inc., Neulevel Inc., Public Interest Registry, CNNIC, TWNIC, RegistryPro, Inc. and General Name Registry Ltd. You agree that EnCirca may modify this agreement in order to comply with applicable law and the terms and conditions set forth by ICANN or any Domain Name Registry.

You acknowledge that EnCirca’s acceptance of any application made by you for services provided by EnCirca will take place at EnCirca’s offices located in Woburn, Massachusetts, USA.

This document has the following sections:

  1. FEES; RENEWALS; GRACE POLICY; EXPIRATION POLICY
  2. TERM OF AGREEMENT; MODIFICATIONS
  3. UP TO DATE INFORMATION; USE OF INFORMATION
  4. DISPUTE RESOLUTION POLICY
  5. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES
  6. SUSPENSION OF SERVICES; BREACH OF AGREEMENT
  7. RESTRICTION OF SERVICES; RIGHT OF REFUSAL
  8. LIMITATION OF LIABILITY
  9. INDEMNITY
  10. REPRESENTATIONS AND WARRANTIES
  11. DISCLAIMER OF WARRANTIES
  12. SEVERABILITY; ENTIRETY
  13. VENUE; WAIVER OF TRIAL BY JURY
  14. NOTICES
  15. ADDITIONAL PROVISIONS SPECIFIC TO .COM, .NET, .and .CC REGISTRATIONS
  16. ADDITIONAL PROVISIONS SPECIFIC TO .ORG REGISTRATIONS
  17. ADDITIONAL PROVISIONS SPECIFIC TO .JOBS REGISTRATIONS
  18. EnCirca PARKING PAGES
  19. .BOSTON Additional Terms

1. FEES; RENEWALS; GRACE POLICY; EXPIRATION POLICY

In consideration for the services and products (“service”) purchased by you and provided to you by EnCirca, you agree to pay EnCirca at the time service is provided, unless alternative arrangements have been made. Payment is to be made by you providing a valid credit card for charge by EnCirca, and is non-refundable. If for any reason EnCirca is unable to charge your credit card with the full amount owed EnCirca for the service provided, or if EnCirca is charged back for any fee it previously charged to the credit card you provided, you agree that EnCirca may pursue all available remedies in order to obtain payment. You agree that among the remedies EnCirca may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names registered or renewed on your behalf.

DOMAIN NAME RENEWALS. If you do not wish to renew a domain name, you agree to cancel your domain name by logging into your account and canceling the domain name through the Manage Your Account page. Email notification to EnCirca will not constitute proper notice of your desire not to renew. In the absence of your affirmative cancellation of a domain name you do not wish to renew, EnCirca will automatically renew, for a period of one year, any domain name that is up for renewal and will charge the credit card you have on file with EnCirca, at EnCirca’s then current rates. Domain name renewals will be non refundable. If for any reason EnCirca is not able to charge the credit card you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your credit card information current, including the expiration date.

GRACE PERIOD. You agree that we may, at EnCirca’s sole discretion, allow you to renew your domain name after its expiration date has passed. Transfer of your domain following the expiration date is not permitted. You agree that after the expiration date of your domain name registration and before it is deleted or renewed, we may direct your domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other temporary page that may include promotions and advertisements for, and links to, EnCirca’s Web site, EnCirca product and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines, and you agree that we may place our contact information in the WHOIS output for the expired domain name.

EXPIRATION POLICY. To ensure customers are aware of pending expirations of their domain names, EnCirca sends email notices to its customers. EnCirca will also attempt (but may not be successful) to contact customers if email notices are returned as undeliverable due to inaccurate customer information.

Upon a domain reaching its expiration date without a renewal, the domain name registration is deemed terminated.

Currently we send renewal notices (for non-reseller accounts) at intervals relative to the domain’s expiration date of:
90 days before, 60, 45, 30, 25, 20, 15, 10, 5, 2, 1, 0, -1, -5, and -10 days after

Notices are sent to the Billing Whois contact AND the customer account contact. The final notice, at -10 days, is also sent to the registrant Whois contact, unless the domain is in a reseller account.

In addition:

  • Transfer to another registrar is not permitted following the expiration date.
  • Upon expiration, EnCirca will provide a ten (10) day grace period for customers wishing to renew.
  • Two (2) days after the expiration date, the nameservers for the domain will be changed. This will disrupt any website or email addresses associated with the domain. Customers noticing this change and wishing to renew will have at least another eight (8) days to renew their domain.
  • Ten (10) days after the expiration date, the domain will be removed from the customer’s account and their contact information removed from the Whois contacts. Customers will receive email notification of this account move. Customers wishing to renew their domain after this point will need to pay an extra Recovery fee (as shown on EnCirca’s pricing page).
  • EnCirca may elect to delete the domain, auction or transfer ownership of the domain to a third party at any time following ten (10) days after the expiration date. If EnCirca elects to delete the domain name, this will occur between ten (10) and forty (40) days following the expiration date.
  • If a name is deleted, then the customer of record, as of the expiration date, is permitted to recover the domain name by paying EnCirca a Restore fee within thirty (30) days following the date of deletion (if supported by the corresponding Registry). The fees for restoring and recovering a domain name are listed on EnCirca’s Pricing page.

2. TERM OF AGREEMENT; MODIFICATIONS

The term of this agreement shall continue in full force and effect as long as you have any domain name registered through EnCirca. You agree that you will not transfer any domain name registered through EnCirca to another domain name registrar during the first sixty (60) days from its initial registration date or during the first sixty (60) days from the effective date of a Registrar Transfer to EnCirca.

You agree that EnCirca may modify this agreement from time to time. EnCirca may also discontinue services it provides under this agreement. You agree to be bound by any changes EnCirca may reasonably make to this agreement when such changes become effective. Should you elect to cancel your agreement with EnCirca you will not receive a refund for any fees you may have paid to EnCirca.

You agree that EnCirca shall not be bound by any representations made by third parties who you may use to purchase services from EnCirca, and that any statements of a general nature, which may be posted on EnCirca’s web site or be contained in EnCirca’s promotional materials, will not bind EnCirca.

3. UP TO DATE INFORMATION; USE OF INFORMATION

You agree to notify EnCirca within thirty (30) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide EnCirca with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by you, for whatever reason, to respond within thirty (30) business days to any inquiries made by EnCirca to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement.

You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN or Registry Policy and may be sold in bulk as set forth in the applicable ICANN or Registry agreements:

  • The domain name
  • Your name and postal address
  • The email address, postal address, voice and fax numbers for technical and administrative contacts
  • The Internet protocol numbers for the primary and secondary name servers
  • The corresponding names of the name servers
  • The original date of registration and expiration date

You agree that, to the extent permitted by ICANN and/or the applicable Registry, EnCirca may make use of the publicly available information you provided during the registration process.

If you engage in the reselling of domain names you agree to provide any individuals whose personal information you’ve obtained, information about the possible uses of their personal information pursuant to ICANN and/or the applicable Registry policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

Any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with theRegistered name. A Registrant licensing use of a Registered name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm.

Enforcement of Accurate Whois Data

  • EnCirca shall accept written complaints from third parties regarding false and/or inaccurate Whois data of Registrants
  • No later than thirty (30) days after receipt of a written complaint, EnCirca shall conduct an initial investigation into the veracity and accuracy of the contact details. If EnCirca determines that the information is false, inaccurate or not up to date, EnCirca shall issue a letter to the Registrant via e-mail and regular first-class mail, stating that the information contained in the Registrant’s Whois record may be false, inaccurate or not up to date.
  • The Registrant shall be required to update its contact information no later than thirty (30) calendar days from the date of such notice. If, within thirty (30) days, Registrant can either (i) show that it has not provided false or inaccurate contact information or (ii) provide the updated Whois information, then the registrant will be allowed to maintain the domain name registration. If, however, after thirty (30) days, the registrant either does not respond to Registrar’s notice or is unable to provide true and accurate contact information, the registrant shall be deemed to have breached its registration agreement and theregistrar shall be required to delete the registration.
  • EnCirca shall not be required to refund any fees paid by the Registrant if EnCirca terminates a Registrant’s registrationagreement due to its enforcement of this provision.

4. DISPUTE RESOLUTION POLICY

You agree to be bound by EnCirca’s current Dispute Resolution Policy. This policy is incorporated herein and made a part of this agreement. The current dispute policy can be found at: http://www.EnCirca.com/udrp.php.

You agree that EnCirca may from time to time modify its Dispute Resolution Policy. EnCirca will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining your domain name registrations with EnCirca after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review EnCirca’s web site periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel your agreement with EnCirca as a result of the modified Dispute Resolution policy no fees will be refunded to you.

You agree that if a dispute arises as a result of one or more domain names you have registered using EnCirca, you will indemnify, defend and hold EnCirca harmless as provided for in this agreement. You also agree that if EnCirca is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using EnCirca, that EnCirca, in its sole discretion, may take whatever action EnCirca deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold EnCirca harmless for any action taken by EnCirca.

5. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES

If you transfer any domain name you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement. You may view the current version of our Domain Transfer Agreement at: http://www.EnCirca.com/transfer.php.

You agree to inform any customer of yours, who may be acquiring a domain name through you using EnCirca’s registration services, that they are in fact registering their domain name through EnCirca and that EnCirca is an accredited registrar with ICANN and the applicable Registry. You agree not to represent that you are an ICANN and/or the applicable Registry accredited registrar or that you are in any way providing superior access to the applicable Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your web site.

You agree to obtain each of your customers’ acceptances of EnCirca’s then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customer’s accept additional terms and conditions that are not required by EnCirca, you agree that such additional terms and conditions shall not conflict with EnCirca’s Domain Registration Agreement and the policies and business procedures adopted by ICANN and/or the applicable Registry.

You agree that EnCirca is not lending you access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to EnCirca’s registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN and/or the applicable Registry requirements for inclusion in the Whois database.

You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within 5 business days, provide such information to EnCirca so EnCirca may update its registration records. You will retain copies of all communications between you and your customers and will upon request provide EnCirca copies of same.

6. SUSPENSION OF SERVICES; BREACH OF AGREEMENT

You agree that, in addition to other events set forth in this agreement, your ability to use any of the services provided by EnCirca is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN and/or the applicable Registry.

You agree that your failure to comply completely with the terms and conditions of this agreement and any EnCirca rule or policy may be considered by EnCirca to be a material breach of this agreement and that EnCirca may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide EnCirca with material evidence that you have not breached your obligations to EnCirca within ten (10) business days, EnCirca may terminate its relationship with you and take any remedial action available to EnCirca under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, canceling the registration of any of your domain names and discontinuing any services provided by EnCirca to you. No fees will be refunded to you should your agreement be cancelled or services be discontinued because of a breach. EnCirca’s failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.

7. RESTRICTION OF SERVICES; RIGHT OF REFUSAL

You agree not to use the services provided by EnCirca, or to allow or enable others, to use the services provided by EnCirca for the purposes of:

  • The transmission of unsolicited email (SPAM)
  • Repetitive, high volume inquiries into any of the services provided by EnCirca (i.e. domain name availability, etc.).

You agree that EnCirca, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. EnCirca also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place. EnCirca may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event EnCirca refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to EnCirca in connection with the registration either being canceled or refused. In the event EnCirca deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.

8. LIMITATION OF LIABILITY

You agree that EnCirca’s entire liability to you under this agreement, and your only remedy, in connection with any service provided by EnCirca to you under this agreement, and for any breach of this agreement by EnCirca, shall be limited to the fees you paid to EnCirca for the particular service in contention.

EnCirca AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF EnCirca’S SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, EnCirca’S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

EnCirca DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:

  • access delays or interruptions to our web site or domain name registration system
  • data non-delivery or misdelivery between you and EnCirca
  • events beyond our control (i.e. acts of God)
  • the loss of registration or processing of a domain name or the use of a domain name
  • the failure for whatever reason to renew a domain name registration
  • the unauthorized use of your account with EnCirca or any of the services provided to you by EnCirca
  • errors, omissions or misstatements
  • deletion of, failure to store, or failure to process or act upon email messages
  • processing of updated information to your registration record
  • development or interruption of your web site
  • errors taking place with regard to the processing of your application
  • application of EnCirca’s Dispute Resolution Policy
  • any act or omission caused by you or your agent (whether authorized by you or not)

9. INDEMNITY

You agree to release, defend, indemnify and hold harmless EnCirca and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney’s fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with EnCirca whether or not on your behalf, and whether or not with your permission) use of the services provided by EnCirca. Should EnCirca be notified of a pending law suit, or receive notice of the filing of a law suit, EnCirca may seek a written confirmation from you concerning your obligation to indemnify EnCirca. Your failure to provide such a confirmation may be considered a breach of this agreement.

For .com, .net and .cc domain names:  You agree to indemnify, defend and hold harmless VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration.

For .org domain names:  You agree to indemnify, defend and hold harmless Public Interest Registry (PIR), and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Item Holder’s registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.

For .jobs domain names:  You agree to indemnify, defend and hold harmless Employ Media LLC, and its subcontractors, directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, damages, liabilities, costs and expenses of any kind, including, without limitation, reasonable legal fees and expenses, arising out of or relating to the Registrant’s (i) domain name registration and ii) use of any Registered name. This indemnification shall survive the termination or expiration of this Registration Agreement.

10. REPRESENTATIONS AND WARRANTIES

You warrant that all information provided by you as part of the registration process is complete and accurate. You also warrant that each registration you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.

You agree that EnCirca makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to you against the possibility of objection to, or challenge of, the registration or use of any domain name you register with EnCirca.

EnCirca expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, pursuant to any Registrar or Registry adopted policy, to correct mistakes by EnCirca or the applicable Registry in registering the name or, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of EnCirca, as well as its affiliates, subsidiaries, officers, directors and employees. EnCirca also reserves the right to freeze a domain name during resolution of a dispute.

11. DISCLAIMER OF WARRANTIES

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

12. SEVERABILITY; ENTIRETY

You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect.

You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between you and EnCirca regarding the services contemplated herein.

13. VENUE; WAIVER OF TRIAL BY JURY

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF MASSACHUSETTS. EXCEPT FOR DISPUTES CONCERNING THE USE OF A DOMAIN NAME REGISTERED WITH EnCirca, THE LAWS AND JUDICIAL DECISIONS OF MIDDLESEX COUNTY, MASSACHUSETTS, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF MIDDLESEX COUNTY, MASSACHUSETTS.

FOR THE ADJUDICATION OF DISPUTES CONCERNING THE USE OF ANY DOMAIN NAME REGISTERED WITH EnCirca, YOU AGREE TO SUBMIT FOR JURISDICTION AND VENUE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS LOCATED IN BOSTON, MASSACHUSETTS.

YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

14. NOTICES

You agree that all notices (except for notices concerning breach of this agreement) from EnCirca to you may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address you have on file with EnCirca or mailed first class postage to the postal address you have on file with EnCirca. In both cases, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from you to EnCirca shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:

EnCirca Inc
400 West Cummings Park
Suite 1725-305
Woburn, MA. USA 01801

Delivery shall be deemed to have been made by you to EnCirca five (5) days after the date sent.

15. ADDITIONAL PROVISIONS SPECIFIC TO .COM, .NET and .CC REGISTRATIONS

Indemnification. You agree to indemnify, defend and hold harmless VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration.

16. ADDITIONAL PROVISIONS SPECIFIC TO .ORG REGISTRATIONS

Indemnification. You agree to indemnify, defend and hold harmless Public Interest Registry (PIR), and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Item Holder’s registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.

17. ADDITIONAL PROVISIONS SPECIFIC TO .JOBS REGISTRATIONS

In addition to agreeing to all terms contained herein, registrant also agrees to the .jobs Registry-Registrant Agreement as amended from time-to-time at the sole discretion of the .jobs Registry Operator. The current version of this agreement can be found at http://www.employmedia.com.

The Registered name Holder represents and warrants that the Registered Name Holder, during the application for the Registered Name and at all times during the existence of the Registered Name in the Registry Database, complies with: (i) the registrant eligibility requirements as provided by the Registry Operator and as modified from time to time; and (ii) the .jobs domain use restrictions as provided by the Registry Operator and as modified from time to time. The registrant eligibility requirements and use requirements are posted on the Registry Operator’s website located at http://www.employmedia.com.

The Registered Name Holder acknowledges that the Registered Name Holder has read, understands and agrees to be bound by the .jobs Registry-Registrant Agreement, the registrant eligibility requirements and the use restrictions.

The Registry Operator, in its sole discretion, may revoke, cancel, deny, transfer, suspend, terminate or otherwise modify the rights of a Registered Name Holder, without any notice thereto, in the event of noncompliance by the Registered Name Holder with any provision of the Registrar’s Registration Agreement, the Registry-Registrant Agreement, the registrant eligibility requirements and the use restrictions, including but not limited to submission or use of untruthful, incomplete or fraudulent registration information during the application process or subsequently thereto.

The Registry Operator is an intended third party beneficiary of the Registrar’s Registration Agreement, with a right to enforce the terms and provisions contained herein.

18. EnCirca PARKING PAGES

Domain names registered through EnCirca may be pointed to a “Now Registered!” Web page which informs visitors that the registrant has registered their domain name via EnCirca.

The Now Registered! Web page may be modified at any time by EnCirca without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by EnCirca, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface.

If for any reason you do not wish to have the domain name you have registered pointed to the Now Registered Web page described above, you can have your domain pointed to a generic parking page that does not contain any third party links. You may also elect to have no parking page at all.Please contact our Customer Support team to request one of these options.

18. .BOSTON Additional Terms